1500 Pleasant Valley Way Suite 306 West Orange, NJ 07052. However, the moving party is only required to make a prima facie showing of its entitlement to a preliminary injunction, not prove the entirety of its case on the merits. Listed below are those cases in which this Featured Case is cited. (With their product prices you won't be able to afford both). Fixed Rent, Tenant's Tax Payment and Tenant's Operating Payment shall be reduced in the proportion by which the area of the part of the Premises which is not usable (or accessible) and is not used by Tenant bears to the total area of the Premises." See Robitzek Inv. Best Healthy Restaurants in Jersey City: See Tripadvisor traveler reviews of Healthy Restaurants in Jersey City. Dr Smood, New York City: See 29 unbiased reviews of Dr Smood, rated 4 of 5 on Tripadvisor and ranked #5,314 of 13,008 restaurants in New York City. Dr Smood | Orchard. It is undisputed that the purpose of the lease was for plaintiff to operate "a full service café specializing in fresh and raw quick-service products with menu items to include breakfast, lunch, and dinner, coffee and tea beverages, cold-pressed juices, shakes and smoothies, and other related products.". Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Our menu contains organic juices, grain bowls, superfoods, sandwiches, Smoodys and much more. As the Court is denying plaintiff's motion seeking an injunction, plaintiff is not required to post a bond pursuant to CPLR 6312(b). Dr Smood Unlimited Coffee/Tea Thermocup! Just fruit and ice, but satisfying." Thereafter, Orchard served the Dr. Smood with a second Notice to Cure, declaring Dr. Smood in default of the Lease for failure to pay rent for the months of April 2020-September 2020, resulting in Dr. Snood's filing of a second Order to Show Cause, seeking injunctive relief. Plaintiff claims that "The casualty triggering Section 11.3 of the Lease began on or about March 16, 2020, when, pursuant to the Executive Orders previously discussed herein, Plaintiff was legally forced to close its business due to the property and physical damage caused by the COVID-19 virus and the dangerous propensity such virus poses to the public." Le Botaniste Soho New York. Daily 9am-3pm. Dr Smood is an inclusive brand, read our Accessibility Statement here. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] Please visit www.drsmood.com/order-now for online ordering. Delivery & Pickup Options - 92 reviews of Hawa Smoothies "I was really happy to find this juice stand while walking down E. Broadway. Plaintiff further argues that the premises "were rendered wholly inaccessible and unusable by the Executive Orders and the novel coronavirus from March 16, 2020 to July 6, 2020, and partially inaccessible and unusable from July 6, 2020 onward" and that as such, plaintiff is entitled to a total rent abatement. Conveniently located on Clinton street, this Kava bar is warm and welcoming with friendly staff and a super cozy envIronment. ADVERTISE ON FITT; As such, plaintiff has failed to establish a likelihood of success on the merits and as such is not entitled to a preliminary injunction. A preliminary injunction is appropriate when the party seeking injunctive relief establishes: (1) likelihood of ultimate success on the merits; (2) irreparable injury if the injunction is not granted; and (3) a balancing of the equities in its favor. Plaintiff further argues that the purpose of the contract has been frustrated and sane is a defense to nonperformance under a lease when the frustrated purpose is "so completely the basis of the contract that, as both parties understood, without it, the transaction would have made little sense" Jack Kelly Partners LLC v. Zegelstein, 140 A.D.3d 79 (1st Dept 2016); see also, Crown IT Servs., Inc. v. Koval-Olsen, 11 A.D.3d 263 (1st Dept 2004); Restatement [Second] of Contracts §§ 265 and 269. Plaintiff has only been prevented by the relevant executive orders from operating indoor dining services. Upon the foregoing documents, the motion is decided as follows: On or about February 22, 2017, Plaintiff, Dr. Smood New York, LLC ("Dr. Smood") and Defendant, Orchard Houston, LLC ("Orchard") entered into a ten (10) year Lease agreement for the premises described as a portion of the ground floor and basement space of the building located at 181-185 East Houston a/k/a 195-201 Orchard Street, New York, New York (the "Premises"). Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Here's their description, via Facebook: Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body, and soul. Docket No. Dr. Smood N.Y. LLC v Orchard Houston, LLC - 2020 NY Slip Op 33707 (U) Friendly service. Dr Smood Unlimited Coffee/Tea Thermocup! Dr Smood | Madison. Dr Smood is Making Healthy Eating Easy With Its Mood-Boosting Grab-And-Go Eats. ", In support of its motion, plaintiff submits the affidavit of Francesco Perillo, an employee of plaintiff, a copy of the relevant lease, copies of the relevant NYS Executive Orders. Plaintiff last paid the monthly rent in March, 2020 and has failed to pay the monthly rent since that time arguing that it has no obligation to pay rent during the COVID-19 pandemic, citing the lease and a series of New York State executive orders. Discover health & fitness in your city. Plaintiff's obligation to pay rent and taxes pursuant to the lease continues unabated. As such, it is hereby. Dr Smood Orchard New York. Dr Smood | Murray Street. Sign In My Account. The Notice stated that, if Dr. Smood failed to cure the default at the end of the expiration period (July 10, 2020), Orchard would, inter alia, draw upon Plaintiff's security deposit under the Lease. ©2018 by Orchard Principals "casualty" are entirely without merit as there has been no physical harm to the demised premises and the lease does not provide for a rent abatement in such a case as plaintiff was required to obtain insurance to guarantee payment under said circumstances. This is a restaurant with a difference that wants to make a difference. No. US Customs Records Notifications available for Dr Smood Orchard Llc. Supreme Court, New York County.https://leagle.com/images/logo.png. Here, defendant has made a clear showing that the plaintiff has been operating out of the demised premises since at least July, 2020, yet has continued to assert that it has no obligation to pay rent. ORCHARD HOUSTON, LLC, Defendant. Erewhon Santa Monica California. BRICKELL 701 S South Miami Ave Suite 345, 3rd Floor Miami, FL 33131 (786) 675-5415. N.Y. Cnty. The home page for Orchard Principals, LLC. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. In its reply papers, plaintiff withdrew its demand for a Yellowstone injunction and now seeks only a Preliminary Injunction and Temporary Restraining Order. OTHER LOCATIONS. In response, Dr. Smood filed its first order to show cause for a Yellowstone injunction and related relief, though the parties later stipulated to withdraw the first notice to cure and the first order to show cause in an effort to settle the matter outside of court. We work closely with our partners to produce the highest quality products from sustainable sources, pure water and nutrient rich soil. Do this." "Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body and soul. Sage Vegan Bistro California. Citations are also linked in the body of the Featured Case. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. Learn more about career options at Dr Smood. We’ll also still be open all weekend long so you can celebrate 4th of July with your favorite certified organic Dr Smood juices and smoodys, world’s … dr smood RESTAURANT 1.1 MILES AWAY Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. Order food online at Dr Smood, New York City with Tripadvisor: See 24 unbiased reviews of Dr Smood, ranked #5,894 on Tripadvisor among 13,007 restaurants in New York City. Similarly, plaintiff's allegations that the pandemic constitutes a. MUD JEANS Sustainable Denim Fashion . It is important to note that the ruling was a preliminary decision, merely denying an injunction, which requires a showing of likelihood of success on the merits. To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. Click the citation to see the full text of the cited case. Co. v. Colonial Beacon Oil Co., 265 A.D. 749, 753 (1st Dept 1943). Lawyers' Ass'n v. State, 192 Misc.2d 424, 428-29 (Sup. Here's their description, via Facebook: Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body, and soul. WEST ORANGE. Menu, hours, photos, and more for Dr Smood – Always Organic Café located at 181 E Houston St, New York, NY, 10002-1060, offering Soup, Breakfast, Gluten-Free, Smoothies and Juices, Vegetarian, Organic, Coffee and Tea, Salads, Kosher, Sandwiches, Healthy and Vegan. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Dr Smood Exterior On the corner of Houston & Orchard Advertising itself to be “probably the healthiest cafe in the world”, Dr Smood directs you to spend money on their organic nutrition dense foods rather than health insurance. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. ... An Orchard Street classic at the corner of Broome. Learn more about career options at Dr Smood. Popular Products. Our goal is to bring unprocessed and always organic food and beverage to the whole world. Tasty food. The tenants in either case, a café operator in Smood and a retail store operator in The Gap, brought claims that they were entitled to rent abatements since March 2020 on account of the various executive shutdown orders in Liotta v. Mattone, 71 A.D.3d 741 (2nd Dep't, 2010). BROADWAY 1151 Broadway (between 26th & … Daylesford Notting Hill London. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. Specifically, the premises remain open for both counter service and pickup of orders submitted online. Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. The special teas are amazing and just at $10. Great to see CC's found a second space to stretch out into more serious "entree territory." I had a very tasty fruit smoothie. P. (973) 325-0091 Dr Smood, a bougie “organic boutique cafe” specializing in 100-percent United States Department of Agriculture-certified organic food and beverages, just signed a lease for space at the former American Apparel on East Houston Street. At the outset, the Court notes that plaintiff failed to timely serve the instant Order to Show Cause, however both motions will be decided on the merits. Dr Smood is an inclusive brand, read our Accessibility Statement here. Dr Smood | Fashion District. Dr Smood Shutters LES Outpost After 3 Years. Daily 9am-3pm. The following e-filed documents, listed by NYSCEF document number (Motion 002) 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. 002. Best Healthy Restaurants in Hoboken: See Tripadvisor traveler reviews of Healthy Restaurants in Hoboken. dr smood RESTAURANT 1.1 MILES AWAY Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. Dr Smood, New York City: See 29 unbiased reviews of Dr Smood, rated 4 of 5 on Tripadvisor and ranked #5,314 of 13,008 restaurants in New York City. This is a restaurant with a difference that wants to make a difference. Order takeaway and delivery at Dr Smood, New York City with Tripadvisor: See 29 unbiased reviews of Dr Smood, ranked #5,312 on Tripadvisor among 13,010 restaurants in New York City. 2002); see also Terrell v. Terrell, 279 A.D.2d 301, 304 (1st Dep't 2001). Ambiance is perfect and the drinks quality is great. Learn more about career options at Dr Smood. Menu, hours, photos, and more for Dr Smood – Always Organic Café located at 181 E Houston St, New York, NY, 10002-1060, offering Soup, Breakfast, Gluten-Free, Smoothies and Juices, Vegetarian, Organic, Coffee and Tea, Salads, Kosher, Sandwiches, Healthy and Vegan. Sign up to be the first to hear about new items, events, and special offers. The first Dr Smood cafe was opened in Wynwood in Miami in 2016, and then in 2017 in Long Island City and in some areas of New York City.. BROADWAY 1151 Broadway (between 26th & 27th Street) New York, NY 10001 (646) 713-1380 Monday to Friday: 8am … I also liked their wine selection. Sign In My Account. It's the little things that matter the most. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. Dr. Smood juice bar, which also offers "Oxygen-Infused Organic Detox Programs", opened this fall on the corner of Orchard and Houston. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and speciality drinks. Daily 9am-3pm. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. We’ll also still be open all weekend long so you can celebrate 4th of July with your favorite certified organic Dr Smood juices and smoodys, world’s … Daily 9am-3pm. See Four Times Square Assocs., L.L.C. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! See their past imports from Keram Srl, a supplier based in Italy. The traditional kava starts at $5. We also provide full nutritional information for every item on our menu. Orchard cross-moves for an Order requiring plaintiff to pay use and occupancy at the rate specified in the lease during the pendency of this action and directing Tenant to post an undertaking in the amount of $250,000.00 to secure the rent arrearages in the aggregate amount of $198,764.31 for April, May, June, July 2020, August and September 2020. 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