Lawsuit: Main Street Business Failed To Pay Rent

The owner of a commercial property in downtown New Canaan has filed a lawsuit in state Superior Court claiming that a longtime Main Street business failed to pay rent for at least seven months.

According to a complaint filed on behalf of Cody Real Estate LLC, the tenant at 97 Main St.—a gourmet market and caterer—failed to pay base rent starting in October 2017 and continuing through to April, “which constitutes a default under the Lease.”

The total owed as the original May 31 legal filing was $57,751.30, according to the complaint, filed by Stamford-based Carmody Torrance Sandak & Hennessey LLP.

The matter is scheduled for a pretrial conference Sept. 25, according to Connecticut Judicial Branch records.

“On or about February 7, 2018 and April 19, 2018, Landlord served Tenant with notice of its default for failure to pay base rent and additional rent,” the complaint said.

The plaintiff, a limited liability company whose principal is a New Canaan woman, is claiming nonpayment of rent as well as breach of guaranty, and seeking back rent and monetary damages for nonpayment of rent, attorney’s fees, costs and “such other and further relief as may be required,” the lawsuit said.

The plaintiff’s attorney could not immediately be reached for comment.

The defendant, Garelick & Herbs, is represented by Bridgeport-based Zeldes Needle & Cooper. That firm also could not immediately be reached for comment. 

The popular eatery has been closed since the end of June. Town officials temporarily closed it for safety reasons after discovering that water was dripping through light fixtures in the store. 

According to town building records, the town on July 18 issued a roof permit for an estimated $42,000 job.

It is unclear if and when the market will reopen. The business’s owners could not be reached for comment on that question.

Garelick & Herbs has been operating out of the space for 20 years. According to copies of lease agreements and extensions included in the lawsuit, monthly rent started at $8,325 in 1998 and increased steadily, to $11,226 in the past year. The most recent lease renewal was to carry through May 2020, court documents show.

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