Forest City suing restaurant group for $1.1M in unpaid rent

Solomon and Jacob Ben Moha are the guarantors to the Liberty Diner in Times Square

TRD New York /
Dec.December 17, 2015 01:50 PM

Forest City Ratner is suing the guarantors of a Times Square restaurant that it claims has it failed to pay more than $1 million in rent, according to a lawsuit filed Wednesday in New York State Supreme Court.

The Downtown Brooklyn-based real estate development firm brought suit against Jacob and Solomon Ben Moha of Benmoha Restaurant Group, who are guarantors to the Liberty Diner in Times Square.

The restaurant is located at the base of Forest City’s 306,000-square-foot retail and entertainment complex at 234 West 42nd Street, where it has operated alongside AMC Theaters and Dave & Buster’s since 2009.

Forest City claims the diner “began defaulting” on its rent obligations in June 2015, and sent a notice in August threatening to terminate the restaurant’s lease by the end of February. The landlord said it then sent a notice of default in October giving the tenant 15 days to pay nearly $630,000 in back rent.

Forest City subsequently served the Liberty Diner with a lease termination notice early last month, according to the suit. While the diner allegedly provided a “partial payment” of $112,500 in wake of the notice, Forest City did not waive the termination of its lease.

The landlord is now suing for more than $1.1 million in rent that it is owed through end of the restaurant’s lease in February, the suit specifies. Forest City claims the Ben Mohas, as the restaurant’s guarantors, are liable for the money allegedly owed, plus attorneys’ fees.

Legal representatives for Forest City did not return requests for comment. Benmoha Restaurant Group could not be reached for comment.

Benmoha Restaurant Group was also responsible for bringing Famous Dave’s BBQ to 234 West 42nd Street — though that restaurant has since closed.

Related Articles

The lawsuit argues the increased amounts will deter foreign investors from the program (Credit: Getty Images, Wikipedia)

Lawsuit seeks to halt new EB-5 regulations

(Credit: iStock)

“Indentured landlord” in rent-reg lawsuit vents at politicians

Sam Chang and 40 West 45th Street (Credit: Google Maps)

Sam Chang hit with $2M suit over Club Quarters hotels

Arden Group CEO Craig Spencer, Hello Living CEO Eli Karp and 4650 Broadway (Credit: Google Maps, iStock)

Hello, lawsuit: Spurned Inwood dev site buyer Hello Living sues ex-partner

Brookfield's Rick Clark and RFR Realty's Aby Rosen with the Lever House at 390 Park Avenue (Credit: Getty Images and Google Maps)

Aby Rosen makes it two Lever House lawsuits in two weeks

475 Park Avenue South (Credit: Google Maps)

Cohen Brothers Realty sues storied landlord to stay in Park Ave South building

101 West 23rd Street and E&M Management principal Daniel Goldstein (Credit: Google Maps and E&M)

“Something is rotten” at Chelsea co-op, owners say

Donald Trump and Dean & Deluca's Soho location (Credit: Getty Images, iStock)

Trump Organization sues Dean & DeLuca over rent defaults