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. ... An Orchard Street classic at the corner of Broome. 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 … As such, plaintiff has failed to establish a likelihood of success on the merits and as such is not entitled to a preliminary injunction. 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. Best Healthy Restaurants in Jersey City: See Tripadvisor traveler reviews of Healthy Restaurants in Jersey City. Lawyers' Ass'n v. State, 192 Misc.2d 424, 428-29 (Sup. 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. Delivery & Pickup Options - 144 reviews of CC's Cafe "Ate dinner here with a bunch of friends. 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. Sign In My Account. 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. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. Plaintiff has only been prevented by the relevant executive orders from operating indoor dining services. Please visit www.drsmood.com/order-now for online ordering. N.Y. Cnty. See Four Times Square Assocs., L.L.C. 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. On July 1, 2020, Orchard served Dr. Smood with a notice to cure, declaring Dr. Smood in default of the Lease for failure to pay rent for the months of April 2020, May 2020, and June 2020. Dr Smood Orchard New York. 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." Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. Ct. N.Y. Cnty. Vinyl window cladding announces the imminent arrival of this latest area eatery. Specifically, the premises remain open for both counter service and pickup of orders submitted online. 2002); see also Terrell v. Terrell, 279 A.D.2d 301, 304 (1st Dep't 2001). 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. "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. Daily 9am-3pm. 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. Conveniently located on Clinton street, this Kava bar is warm and welcoming with friendly staff and a super cozy envIronment. Daylesford Notting Hill London. Liotta v. Mattone, 71 A.D.3d 741 (2nd Dep't, 2010). 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. Co. v. Colonial Beacon Oil Co., 265 A.D. 749, 753 (1st Dept 1943). It features a food & drinks menu devised by its own team of nutritionists and supported by science. Le Botaniste Soho New York. In June 2020, Dr. Smood and Orchard engaged in settlement discussions to potentially revise the rental obligations under the Lease, given the effect of the pandemic on possible performance thereof. Plaintiff's obligation to pay rent and taxes pursuant to the lease continues unabated. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] Dr Smood | Broadway. 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. 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. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. 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. 1 review of Ritual Kava "Great Kava place in LES. Daily 9am-3pm. In its reply papers, plaintiff withdrew its demand for a Yellowstone injunction and now seeks only a Preliminary Injunction and Temporary Restraining Order. 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. 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. No. 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 … We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. ADVERTISE ON FITT; Popular Products. Dr. Smood juice bar, which also offers "Oxygen-Infused Organic Detox Programs", opened this fall on the corner of Orchard and Houston. WEST ORANGE. Delivery & Pickup Options - 92 reviews of Hawa Smoothies "I was really happy to find this juice stand while walking down E. Broadway. Dr Smood Unlimited Coffee/Tea Thermocup! 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. Dr Smood is an inclusive brand, read our Accessibility Statement here. Komana Organic Clothing . Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. 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. Learn more about career options at Dr Smood. BROADWAY1151 Broadway (between 26th & 27th Street)New York, NY 10001(646) 713-1380, Monday to Friday: 9am-4pm Saturday: 10-4pmSunday: Closed, FASHION DISTRICT205 W 37th Street (between 7th & 8th Avenue)New York, NY 10017(646) 971-1642, LEXINGTON485 Lexington Avenue (between 46th & 47th Street)New York, NY 10017(646) 713-1382, Monday to Friday: 9am-3pm Saturday to Sunday: Closed, MURRAY STREET210 Murray StreetNew York, NY 10282(646) 971-1643, Monday to Friday: 8am-4pm Saturday to Sunday: 10am-4pm, SOHO470 Broome Street (entrance on Greene Street)New York, NY 10013(646) 713-1376, Monday to Friday: 9am-5pmSaturday to Sunday: 10am-5pm, AVENTURA19501 Biscayne BlvdMiami, FL 33180(786) 675-5416, BRICKELL701 S South Miami AveSuite 345, 3rd FloorMiami, FL 33131(786) 675-5415, Monday to Saturday: 11am-7pmSunday: 12pm-6pm, CORAL GABLES271 Giralda AveCoral Gables, FL 33131(786) 334-4420, SOUTH MIAMI5801 Sunset DriveMiami, FL 33143(786) 675-5414, SUNSET HARBOUR1800 Bay Road, Suite 103Miami Beach, FL 33139(786) 675-5412, WYNWOOD2230 NW 2nd AveMiami, FL 33127(786) 675-5418. 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 Unlimited Coffee/Tea Thermocup! US Customs Records Notifications available for Dr Smood Orchard Llc. The light housings now sit … Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. (With their product prices you won't be able to afford both). Listed below are the cases that are cited in this Featured Case. 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. Learn more about career options at Dr Smood. Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. Tasty food. We offer a carefully crafted menu of organic performance foods and juice programs backed by … Sign In My Account. ©Dr Smood ApS 2014-2020 All rights reserved. Dr Smood is an inclusive brand, read our Accessibility Statement here. Smood at *2. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] 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 LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, Sage Vegan Bistro California. Monday to Saturday: 11am-7pm Sunday: 12pm-6pm 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. In opposition, defendant submits the affidavit of Amir Chaluts, a member of Orchard, together with supporting documentation. Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. 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 | Madison. 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 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. It's the little things that matter the most. 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." Listed below are those cases in which this Featured Case is cited. See Robitzek Inv. It features a food & drinks menu devised by its own team of nutritionists and supported by science. 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. Just fruit and ice, but satisfying." Dr Smood is Making Healthy Eating Easy With Its Mood-Boosting Grab-And-Go Eats. 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 … 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. 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