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
izvor
Post je objavljen 11.08.2005. u 21:58 sati.