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COVID-19 has caused many restaurants in the City of New York to close or greatly limit their service, preventing them from paying some or any of the rent to their landlords.
On June 28, 2021, in
21 East 62
nd Street Realty Corp. LLC v. Enterprise Restaurant LLC d/b/a Amaranth, Index No. 653426/2020 (N.Y. County June 28, 2021) , Judge Lois Nock, addressed the issues of non-payment of rent of
Amaranth, a well-known restaurant on the Upper East Side of Manhattan . The landlord sought $428,820.27 in unpaid rent from the restaurant. The restaurant was closed for approximately three months because of the Executive Order issued by Governor Cuomo. The restaurant opened on June 22, 2020 with expanded outdoor seating as then allowed under the Executive Order and in September 2020, the restaurant opened for indoor service at twenty-five percent capacity. However, the owner said that: “None of our customers are willing