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Tenant gears up for eviction fight

By Farnoosh Torabi | Special to amNewYork

June 26, 2006

Alex Achilleos, owner of "The Place" restaurant at 310 W. 4th St. in the West Village, has been collecting petition signatures in the hope of forestalling his landlord's attempt to close his business. (Photo by Jefferson Siegel / June 25, 2006)

It's a familiar saga to many of the city's commercial businesses -- the landlord wants to kick out the tenant when the lease expires, often to bank on more rent from a different business.

In most cases, the tenant is out of luck and has to leave. But restaurateur Alex Achilleos, owner of The Place in the West Village, is fighting back. He wants to stop his eviction, which he says violates a previous agreement.

Achilleos said that when he was told in February of last year that his lease at 310 W. 4th St. would not be renewed, he offered to pay more rent or buy the entire building for $7 million.

The building's manager, Milton Taube, refused on behalf of the building's owner, Edith Rappy, Achilleos said. But according to Achilleos, the parties verbally agreed to let him renegotiate the lease closer to its May 2006 expiration if he paid for a few renovations.

In April, $70,000 in repairs later, Achilleos said, the landlord went back on her word, saying he still needed to leave. He said no reasons were given.

"I would hardly have gone to that sort of an investment if I had any doubt that it would all work out in the end," Achilleos said. "It was to ensure the continuation of this restaurant."

Taube did not return calls for comment.

The Place's lease technically expired May 31, but Achilleos said he was granted an extension until July 31. Then, earlier this month, he got another surprise: a letter arrived saying The Place's lease ended May 31, Achilleos was violating the terms and he needed to leave immediately.

Achilleos filed a "Yellowstone injunction," which effectively blocks the eviction until a judge decides on the case. The first hearing is scheduled for July 17. Experts say the courts rarely accept commercial tenant disputes, so this may be a good sign for Achilleos.

"The landlord is really king," said Faith Hope Consolo, chairman of the Retail Leasing and Sales Division at Prudential Douglas Elliman.

When a business takes out a lease, Consolo said, "it's like being a guest in someone's house."

Meanwhile, neighbors and patrons refuse to say goodbye to The Place, a 9-year-old hang-out. Since May, the restaurant has collected more than 5,000 signatures on a "Save The Place" petition.

"[The Place] has done everything right," said Kim Herzinger, owner of Left Bank Books, which is next to the restaurant. "It's just the kind of story we don't want to see."

Politicians are also joining the fight. City Council Speaker Christine Quinn and State Senator Tom Duane are expected to attend a rally the restaurant has scheduled for July 11.

Achilleos said he appreciates the support, but realizes the law must be his ultimate savior.

"We have to find, within all of this, where the law is," he said. If the judge sides with the landlord, Achilleos plans on suing for financial damages -- at least the $70,000 he spent on repairs.

Achilleos says he is prepared to fight the long fight. He has no choice, he said, because like any entrepreneur, his business is his livelihood. As a British citizen, it's also his ticket to stay in the country.

"That's the real bottom line," Achilleos said.

If you know of an interesting small business, e-mail Torabi at amSmallBusiness@gmail.com.