By Barrett Zinn Gross
Lola restaurant opened for business as usual on Monday despite news that the Soho Alliance’s second Article 78 lawsuit against the embattled eatery’s license to serve alcohol was successful. Supreme Court Justice Marilyn Shafer has ruled that the State Liquor Authority erred by reissuing a license to Lola in 2007. Shafer has annulled the license, and directed the S.L.A. to hold a “de novo” — or totally new — review of the Watts St.’s restaurant’s application.
Lola’s owners, Tom and Gayle Patrick-Odeen, plan to file for a stay of Shafer’s revocation with both the Supreme Court and the Appellate Court. They expect Lola to remain open under the restrictions of their current license, which prohibits live music, until their appeal is heard.
The unusual “de novo” hearing was first requested in a motion filed by the Soho Alliance and endorsed by the S.L.A. before the Appellate Court. The alliance’s request came after the 2006 ruling that restored Lola’s liquor license, overturning Shafer’s first ruling in 2005 to annul the license. Shafer’s new ruling appears to give the S.L.A. what it wants, pending the outcome of the appeal.
As of Monday afternoon, the S.L.A. press office was unaware of the new ruling, and attorneys for both parties were unavailable for comment.
