The Real Deal New York

Seafood restaurant owners claims constant construction killed their business

Condo conversion allegedly cost business $6.3M by driving away customers

December 23, 2015 06:00PM


101 West 78th Street in the Upper West Side

An Upper West Side restaurant is sleeping with the fishes, and according to the owners, it’s all because of a landlord’s appetite for construction.

Owners of the Ocean Grill lobbed a lawsuit against a partnership led by GTIS Partners, claiming that the company’s condo conversion at 101 West 78th Street — known as the Evelyn — cost them $6.3 million in income from Jan. 1, 2013 to Nov. 30, 2015, the New York Post reported. The owners claim that scaffolding and a construction elevator in front of the building drove away customers, forcing the restaurant to close its doors after 18 years in business.

The constant construction plagued the restaurant with “excessive noise, vibrations, odors and dust,” the complaint claims.

New York Attorney General Eric Schneiderman halted construction in January over allegations that the owner at the time, Newcastle Realty Services, forced rent-regulated tenants out of the building without offering them the option to buy their units. As a result, Newcastle was forced to pay $1.23 million in restitution, and GTIS Partners took over the building. [NYP]Kathryn Brenzel

Correction: A previous version of this post incorrectly identified Newcastle Realty Services as the defendant in Ocean Grill’s lawsuit. The owner is a partnership led by GTIS Partners.