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. ORCHARD HOUSTON, LLC, Defendant. As the Court is denying plaintiff's motion seeking an injunction, plaintiff is not required to post a bond pursuant to CPLR 6312(b). ... An Orchard Street classic at the corner of Broome. 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. BROADWAY 1151 Broadway (between 26th & … It features a food & drinks menu devised by its own team of nutritionists and supported by science. Just fruit and ice, but satisfying." Dr Smood | Lexington. Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. It features a food & drinks menu devised by its own team of nutritionists and supported by science. Citations are also linked in the body of the Featured Case. As such, plaintiff has failed to establish a likelihood of success on the merits and as such is not entitled to a preliminary injunction. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. Discover health & fitness in your city. Dr Smood is an inclusive brand, read our Accessibility Statement here. Dr Smood | Broadway. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, 2002); see also Terrell v. Terrell, 279 A.D.2d 301, 304 (1st Dep't 2001). Delivery & Pickup Options - 92 reviews of Hawa Smoothies "I was really happy to find this juice stand while walking down E. Broadway. Conveniently located on Clinton street, this Kava bar is warm and welcoming with friendly staff and a super cozy envIronment. 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. 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. Listed below are the cases that are cited in this Featured Case. Dr Smood | Madison. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. 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. 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 debuted yesterday on Houston at Orchard, in part of the former American Apparel space. 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. Learn more about career options at Dr Smood. Plaintiff argues that "(i) Plaintiff will likely succeed on the merits because the government regulations issued in response to the pandemic frustrated the purpose of Plaintiff's Lease; (ii) Plaintiff will suffer an irreparable injury absent an injunction, as Defendant will, inter alia, unjustly draw upon Plaintiff's security deposit on the Premises; and (iii) the equities balance in Plaintiff's favor, as Plaintiff should not be penalized for being legally precluded from operating its business as contemplated under the Lease while the Landlord continued to reap an unjust and un-bargained for reward. Vinyl window cladding announces the imminent arrival of this latest area eatery. Sign In My Account. Monday to Saturday: 11am-7pm Sunday: 12pm-6pm Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. I also liked their wine selection. Dr Smood | Orchard. Best Healthy Restaurants in Hoboken: See Tripadvisor traveler reviews of Healthy Restaurants in Hoboken. This is a restaurant with a difference that wants to make a difference. Sage Vegan Bistro California. Plaintiff has only been prevented by the relevant executive orders from operating indoor dining services. See Robitzek Inv. 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. Dr Smood Orchard New York. 1 review of Ritual Kava "Great Kava place in LES. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! Smood at *2. In its reply papers, plaintiff withdrew its demand for a Yellowstone injunction and now seeks only a Preliminary Injunction and Temporary Restraining Order. Dr. Smood N.Y. LLC v Orchard Houston, LLC - 2020 NY Slip Op 33707 (U) Erewhon Santa Monica California. Daily 9am-3pm. Delivery & Pickup Options - 144 reviews of CC's Cafe "Ate dinner here with a bunch of friends. Learn more about career options at Dr Smood. 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. The home page for Orchard Principals, LLC. Similarly, plaintiff's allegations that the pandemic constitutes a. 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. Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Plaintiff's argument that the lease has been frustrated is similarly without merit as "for a party to avail itself of the frustration of purpose defense, there must be complete destruction of the basis of the underlying contract; partial frustration such as a diminution in business, where a tenant could continue to use the premises for an intended purpose, is insufficient to establish the defense as a matter of law." Dr Smood | Fashion District. 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. ", 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. 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 Unlimited Coffee/Tea Thermocup! Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Co. v. Colonial Beacon Oil Co., 265 A.D. 749, 753 (1st Dept 1943). Sign In My Account. 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 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. MUD JEANS Sustainable Denim Fashion . To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. 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." 652812/2020, Motion Seq. To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. Great to see CC's found a second space to stretch out into more serious "entree territory." The light housings now sit … ADVERTISE ON FITT; v. 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. 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 … Daily 9am-3pm. No. 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." Learn more about career options at Dr Smood. Dr. Smood juice bar, which also offers "Oxygen-Infused Organic Detox Programs", opened this fall on the corner of Orchard and Houston. Liotta v. Mattone, 71 A.D.3d 741 (2nd Dep't, 2010). We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! Supreme Court, New York County.https://leagle.com/images/logo.png. 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. Dr Smood Shutters LES Outpost After 3 Years. The traditional kava starts at $5. BRICKELL 701 S South Miami Ave Suite 345, 3rd Floor Miami, FL 33131 (786) 675-5415. WEST ORANGE. Plaintiff's obligation to pay rent and taxes pursuant to the lease continues unabated. 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. Our goal is to bring unprocessed and always organic food and beverage to the whole world. 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. "Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body and soul. See Four Times Square Assocs., L.L.C. Docket No. Ct. N.Y. Cnty. 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.". Dr Smood is Making Healthy Eating Easy With Its Mood-Boosting Grab-And-Go Eats. "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. Dr Smood is an inclusive brand, read our Accessibility Statement here. 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. 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. 002. Click the citation to see the full text of the cited case. The special teas are amazing and just at $10. The decision to grant a motion for a preliminary injunction "is committed to the sound discretion of the trial court." As such, it is hereby. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and speciality drinks. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] 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. We also provide full nutritional information for every item on our menu. ©Dr Smood ApS 2014-2020 All rights reserved. Le Botaniste Soho New York. 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. Lawyers' Ass'n v. State, 192 Misc.2d 424, 428-29 (Sup. 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. We work closely with our partners to produce the highest quality products from sustainable sources, pure water and nutrient rich soil. See their past imports from Keram Srl, a supplier based in Italy. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. Do this." 1500 Pleasant Valley Way Suite 306 West Orange, NJ 07052. 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. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. P. (973) 325-0091 US Customs Records Notifications available for Dr Smood Orchard Llc. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] 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"). Please visit www.drsmood.com/order-now for online ordering. Dr Smood | Murray Street. Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. Specifically, the premises remain open for both counter service and pickup of orders submitted online. Click on the case name to see the full text of the citing case. Komana Organic Clothing . Tasty food. Listed below are those cases in which this Featured Case is cited. 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. It's the little things that matter the most. I had a very tasty fruit smoothie. Friendly service. v. Cigna Investments, Inc., 306 A.D.2d 4, 5 (1st Dep't 2003) (citing Grant Co. v. Srogi, 52 N.Y.2d 496, 517 (1981)); CPLR §§ 6301, 6311. We offer a carefully crafted menu of organic performance foods and juice programs backed by … At Dr Smood, we have a clear cut vision to be the healthiest cafe concept ever. In opposition, defendant submits the affidavit of Amir Chaluts, a member of Orchard, together with supporting documentation. N.Y. Cnty. Follow future shipping activity from Dr Smood Orchard Llc. 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