Case Studies


Adam Leitman Bailey, P.C. Obtains Winning Settlement for Restaurant Struck by Crane on March 15th, 2008

A crane struck our restaurant. After seven months as the hottest restaurant in town, we were closed. Not only did our landlord tell us he was not going to fix our building, he also sent an eviction notice ending our lease. He said that since the crane accident demolished most of the building and caused casualties, he did not have to rebuild.

We knew we needed a strong and influential law firm and we needed one quickly. We interviewed many attorneys. Somehow, Adam Leitman Bailey, P.C. stopped the eviction. They even won an injunction not only stopping the eviction but also the demolition of the building. Because we had won the injunction, the developer bought our lease at a number we could not refuse.

From Time Out Magazine:

When a crane collapse took down chef Todd Mitgang’s seven-month-old restaurant, Crave Ceviche Bar, last March, business was booming. Now—almost a full year after the website’s promised April 2008 reopening date and in the midst of a restaurant-unfriendly economy—The Feed checks in with co-owner Dino Andreakos, and finds that the future of the restaurant still appears nebulous.

“Our landlord attempted to evict us,” Andreakos tells us, “on the premise that the building had to be knocked down and rebuilt from the damage of the crane.” With the help of law firm Adam Leitman Bailey, the owners were “able to force a settlement” and give the Crave team “a chance to open in another location.” Having reached the settlement in October, the team’s focus is now on reopening.

Possible locations are scouted “two to three times a week, every week,” Andreakos says, alluding to sites in the downtown area and the restaurant’s former midtown neighborhood. When asked for an approximate reopening date, Andreakos explains, “It depends on what space we take over. If we find a place that requires relocating the kitchen, or doing major storefront work, that could take nine months to a year. If we find a turnkey operation, we could sign a lease and have the doors open in 60 to 90 days.”

Andreakos says that the menu—which featured a series of proteins “ceviche’d” in myriad juices, sauces and even champagne—will remain intact. As for the restaurant’s website, look for updates and a new reopen date to be posted soon, hopefully one with a more certain conclusion.—Charlie Fish

Adam Leitman Bailey, P.C. was represented by Adam Leitman Bailey in this case.

Adam Leitman Bailey, P.C.