In its reply papers, plaintiff withdrew its demand for a Yellowstone injunction and now seeks only a Preliminary Injunction and Temporary Restraining Order. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! 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. It features a food & drinks menu devised by its own team of nutritionists and supported by science. Daylesford Notting Hill London. 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. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. 1 review of Ritual Kava "Great Kava place in LES. ... An Orchard Street classic at the corner of Broome. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. Click the citation to see the full text of the cited case. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. 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. It's the little things that matter the most. Just fruit and ice, but satisfying." The special teas are amazing and just at $10. 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. 1500 Pleasant Valley Way Suite 306 West Orange, NJ 07052. ", 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. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and speciality drinks. Dr. Smood N.Y. LLC v Orchard Houston, LLC - 2020 NY Slip Op 33707 (U) Dr Smood | Madison. ORCHARD HOUSTON, LLC, Defendant. Dr Smood | Fashion District. N.Y. Cnty. P. (973) 325-0091 Lawyers' Ass'n v. State, 192 Misc.2d 424, 428-29 (Sup. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] MUD JEANS Sustainable Denim Fashion . See Four Times Square Assocs., L.L.C. Supreme Court, New York County.https://leagle.com/images/logo.png. Please visit www.drsmood.com/order-now for online ordering. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. 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. 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. We offer a carefully crafted menu of organic performance foods and juice programs backed by … Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Popular Products. Dr Smood | Lexington. Listed below are those cases in which this Featured Case is cited. Dr Smood Unlimited Coffee/Tea Thermocup! Le Botaniste Soho New York. Daily 9am-3pm. Dr Smood Orchard New York. 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. 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. The home page for Orchard Principals, LLC. Order food online at Dr Smood, New York City with Tripadvisor: See 24 unbiased reviews of Dr Smood, ranked #5,894 on Tripadvisor among 13,007 restaurants in New York City. Docket No. Sign In My Account. The decision to grant a motion for a preliminary injunction "is committed to the sound discretion of the trial court." US Customs Records Notifications available for Dr Smood Orchard Llc. WEST ORANGE. As such, plaintiff has failed to establish a likelihood of success on the merits and as such is not entitled to a preliminary injunction. In opposition, defendant submits the affidavit of Amir Chaluts, a member of Orchard, together with supporting documentation. 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 … 2002); see also Terrell v. Terrell, 279 A.D.2d 301, 304 (1st Dep't 2001). Ct. N.Y. Cnty. In June 2020, Dr. Smood and Orchard engaged in settlement discussions to potentially revise the rental obligations under the Lease, given the effect of the pandemic on possible performance thereof. Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Dr Smood is an inclusive brand, read our Accessibility Statement here. Do this." I also liked their wine selection. ORDERED that plaintiff's motion seeking a preliminary injunction and defendant's cross-motion seeking an Order requiring plaintiff to pay monthly use and occupancy and post a bond are hereby denied in their entirety. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. Best Healthy Restaurants in Hoboken: See Tripadvisor traveler reviews of Healthy Restaurants in Hoboken. 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 | Murray Street. Plaintiff has only been prevented by the relevant executive orders from operating indoor dining services. 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. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. BRICKELL 701 S South Miami Ave Suite 345, 3rd Floor Miami, FL 33131 (786) 675-5415. Learn more about career options at Dr Smood. 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. Daily 9am-3pm. Dr Smood | Broadway. "Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body and soul. ©2018 by Orchard Principals Discover health & fitness in your city. As such, it is hereby. The traditional kava starts at $5. Follow future shipping activity from Dr Smood Orchard Llc. This is a restaurant with a difference that wants to make a difference. 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. Dr Smood Shutters LES Outpost After 3 Years. 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. Sign up to be the first to hear about new items, events, and special offers. See their past imports from Keram Srl, a supplier based in Italy. 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. (With their product prices you won't be able to afford both). The light housings now sit … 002. Vinyl window cladding announces the imminent arrival of this latest area eatery. Liotta v. Mattone, 71 A.D.3d 741 (2nd Dep't, 2010). As the Court is denying plaintiff's motion seeking an injunction, plaintiff is not required to post a bond pursuant to CPLR 6312(b). Komana Organic Clothing . Delivery & Pickup Options - 144 reviews of CC's Cafe "Ate dinner here with a bunch of friends. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. 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. It features a food & drinks menu devised by its own team of nutritionists and supported by science. 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. Sage Vegan Bistro California. Learn more about career options at Dr Smood. Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. Click on the case name to see the full text of the citing case. The elements to be satisfied must be demonstrated by clear and convincing evidence. 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 ApS 2014-2020 All rights reserved. To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. Specifically, the premises remain open for both counter service and pickup of orders submitted online. This is a restaurant with a difference that wants to make a difference. Dr. Smood juice bar, which also offers "Oxygen-Infused Organic Detox Programs", opened this fall on the corner of Orchard and Houston. 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. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. 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. 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." Sign In My Account. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. We also provide full nutritional information for every item on our menu. 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. The tenants in either case, a café operator in Smood and a retail store operator in The Gap, brought claims that they were entitled to rent abatements since March 2020 on account of the various executive shutdown orders in DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. Dr Smood | Orchard. 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. Daily 9am-3pm. Plaintiff's obligation to pay rent and taxes pursuant to the lease continues unabated. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Friendly service. v. 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 … 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." 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." Dr Smood is Making Healthy Eating Easy With Its Mood-Boosting Grab-And-Go Eats. 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 … "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, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. dr smood RESTAURANT 2.3 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. 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