Pine Street Food Providers Sue Landlord for Breach of Lease

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A company representing two concessioners at a Pine Street food court on Friday sued the property’s owner for breach of lease.

According to the lawsuit filed on behalf of D&M Mirafiore LLC—a company whose principals include the owners of Dante’s Pizza and Miyuki at Pine Street Concessions—the owner of 75 Pine St. failed to give them first right of refusal to use additional space at the property, required by a 2016 lease agreement. 

“D&M has recently learned that Landlord has leased space at Premises to a third party without offering D&M the same terms and conditions offered to the third party,” according to the complaint, filed in state Superior Court by Westport-based attorney Richard Pate. 

“In fact, Landlord continues to refuse to disclose the same notwithstanding D&M’s numerous requests,” according to the complaint. “Such information would permit D&M to determine whether it would even have accepted the terms and conditions and therefore make this action possibly unnecessary.”

The’ businesses owned by husband-and-wife duo Dante and Miyuki Mirafiore were two of the three tenant food providers that opened in Pine Street Concessions with its launch four summers ago.

The property’s owner, Grove Street-based New Canaan Lumber Company, is listed as defendant. 

D&M has suffered monetary damages, according to the complaint. 

The lawsuit also cites the landlord for violating state law relating to trade practices and breach of covenant of good faith and fair dealing.

“The conduct caused and will continue to cause substantial harm to D&M,” the complaint said.

The company is seeking monetary and punitive damages, attorney’s fees and costs, additional relief and an injunction that prevents the landlord for leasing space to a third party without first giving D&M an offer to lease it.

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