Aug 12, 2005 15:45
Ruling rocks for CBGB
BY LEO STANDORA
DAILY NEWS STAFF WRITER
One, two, three, four: Looks like CBGB can rock some
more.
A Manhattan Civil Court judge ruled yesterday that the
music mecca on the Bowery hasn't been stiffing its
landlord for rent in the past few years and can't be
evicted for that reason.
Judge Joan Kenney's decision appears to clear the way
for negotiations on a new lease. The current one
expires Aug. 31.
"We're thrilled with the ruling," said Ken Frydman, of
Source Communications, consultant to Save CBGB. "CBGB
has always been a good tenant, and this issue of
nonpayment of back rent has been shown to be
completely false. Now there is no reason why talks on
a new lease should remain stalled."
The Bowery Residents Committee, which aids the
homeless and occupies 315 Bowery with CBGB, alleged
that the club owed nearly $100,000 in unpaid rent
going back three years. But CBGB said it was
improperly billed over that period and unfairly
slapped with various penalties.
In her ruling, Kenney questioned whether the
committee, "with suspect accounting, intentionally
orchestrated a scenario that precluded CBGB" from
meeting its financial obligations.
She also rejected the committee's claim that it
suffered when CBGB, whose rent is $19,000 a month,
made payments late.
Because the committee accepted all payments regardless
of when they were made for years, its "own conduct
demonstrates that time was never of the essence," she
said.
In her decision, Kenny described CBGB, which opened in
1973 and showcased groundbreaking rock acts like the
Ramones, Talking Heads, Patti Smith and Blondie, as "a
major cultural institution that provides a venue and a
voice for a unique and original genre of music."
She said the club is "credited with being the anchor
of what has become the 'renaissance' of the Bowery and
has proven itself worthy of being recognized as a
landmark."
The decision doesn't prevent the Bowery Residents
Committee from trying to evict the club for other
reasons.
But she said the committee will have to come back to
court and convince her those reasons are valid.
Originally published on August 11, 2005