The Real Deal New York

Crunch Gym suffers court setback in row with Tribeca board

Judge says health club not a fit tenant given 140 Franklin's certificate of occupancy

March 13, 2014 02:40PM

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140 Franklin Street

140 Franklin Street

A judge ruled against a preliminary injunction for the landlord of a Tribeca condominium building and Crunch Gym, the prospective lessee.

Crunch sought to fight a temporary restraining order brought by the building’s board of managers. The restraining order currently prohibits development firm Lily Realty from signing the gym to a lease for 19,000 square feet on the ground floor and lower levels of 140 Franklin Street, but was set to expire after the court’s decision yesterday.

In New York State Supreme Court, Judge Kenneth Moulton said yesterday that a “gym or health club is not compatible with the building’s certificate of occupancy,” the New York Observer reported. The judge said the board will likely win, as he did not find irreparable harm.

“Our lawsuit is pending but nothing will happen unless Lily signs a lease with Crunch which I don’t see them doing based on the court’s ruling that the condo has shown a likelihood of success,” the condo board’s attorneys, David Pfeffer and Eric Zipkowitz of Tarter Krinsky & Drogin, told the Observer. [NYO]Mark Maurer

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