[Photo last Tuesday by Steven]
In our post last week about the sidewalk message outside the Stage at 128 Second Ave., an EVG commenter had some info about a recent judge's decision about the ongoing legal battle here with landlord Icon Realty.
DNAinfo has more details about the order issued on Oct. 15 by Judge Nancy M. Bannon, which bars Icon from evicting the Stage based on gas-tampering charges, pending the outcome of the lawsuit owner Roman Diakun filed in the spring.
In addition to preventing an eviction based on the gas-siphoning claims, Bannon also ordered Stage to make “timely and full payments of all rent and additional charges as required by the lease,” according to court documents.
“It’s a nice victory for Stage but the case is not over, unfortunately,” said Diakun’s attorney Ross Kordas about the court’s most recent decision. “We hope that we can resolve it and be open soon.”
Diakun has strongly denied any wrongdoing.
The landlord, however, remains convinced the restaurant worked on the gas lines illegally, putting the building’s tenants at risk, said representative Chris Coffey.
“We are confident that the right thing will happen and they will vacate that space,” he said.
Meanwhile, expect to continue seeing the gate down here between St. Mark's Place and East Seventh Street for the near future. Bannon ordered both parties to appear for a preliminary conference this coming Jan. 28, per DNAinfo.
The 35-year-old diner has been closed since March 30.
Previously on EV Grieve:
[Updated] Report: Icon Realty serves the Stage an eviction notice
Stage owner Roman Diakun responds to allegations of illegally siphoning gas
Petition to help reopen the Stage
[Updated] The Stage is giving away its bulk food and supplies to charity
Report: The Stage is suing landlord Icon Realty to halt eviction process
The Stage is now crowdfunding to help in its legal fight with Icon Realty