The Stage is now crowdfunding to help in its legal fight with Icon Realty

[EVG file photo]

The Stage, currently embroiled in a legal battle with landlord Icon Realty, has launched a crowdfunding campaign to help the diner reopen.

A quick recap: Icon Realty has accused the Stage of illegally siphoning gas, which was the basis for a recent eviction notice in the aftermath of the deadly blast across from the diner at 128 Second Ave. between St. Mark's Place and East Seventh Street.

Roman Diakun, the owner of the 35-year-old diner, has previously denied any wrongdoing.

Now Roman's son Andrew Diakun has started the campaign. Per YouCaring: "In order to clear the restaurant's name, and help us reopen, we have initiated a lawsuit against the landlord. If you can and you are willing to help, we ask you to donate so that we can attempt to sort things out, open up and return to our livelihood again."

In our last post on the Stage, several readers asked if there was a crowdfunding campaign. Here is the link to the site. Stage is hoping to raise $10,000. They are up to nearly $4,000 now in the campaign that began on Wednesday.

The Stage has been closed since March 30.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[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 Wall Street Journal on the ongoing issues at Icon Realty's 128 2nd Ave.

The Wall Street Journal checks in today with a piece on 128 Second Ave., the troubled building between East Seventh Street and St. Mark's Place owned by Icon Realty.

A few excerpts from the article by Rebecca Davis O'Brien:

Since the explosion, 128 Second Ave. has accrued 87 violations with the Department of Housing Preservation and Development, along with two additional violations and a stop-work order from the Department of Buildings, according to city records. The building has been without heat, hot water, or cooking gas for three weeks.

Residents of 128 Second Ave. say Icon has neglected the building, bullied rent-stabilized tenants and hired unqualified workers to do construction without permits. Icon denies the claims.

In court last Tuesday, Manhattan Housing Court Judge Cheryl Gonzales expressed impatience with Icon’s lawyer, who asked for 45 days and a “right of extension” to repair the boiler, citing aging infrastructure, warmer weather and lengthy waits for permits.

“People have to take showers every day,” Judge Gonzales said. “Make it work.”

Judge Gonzales also showed concern about the building’s 89 open violations with the Department of Housing Preservation and Development violations, including 58 the department considered “immediately hazardous” and must be fixed within 24 hours. The bulk of the violations relate to gas and deteriorated external fire escapes.

According to the article, the tenants and Icon and the Department of Housing Preservation and Development signed a consent decree: "fully restored gas and repaired fire escapes in 45 days, hot water within 24 hours, electric space heaters, and three days’ notice before any repairs in apartments. As of Monday afternoon, residents said they still had no hot water."

The article does not include any updated information on the Stage, which Icon recently served an eviction notice.

You can find the whole article here (subscription required)

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[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

Stage owner Roman Diakun responds to allegations of illegally siphoning gas

[Image via Facebook]

The following was published yesterday on the Stage's Facebook page...

In response to the recent news, Roman Diakun, the proprietor of Stage Restaurant has released this statement:

We at the Stage Restaurant are deeply troubled by the landlord’s false allegations that we engaged in any illegal siphoning of gas. Stage is a long-standing restaurant with deep connections to the community – we have never siphoned gas, and have committed no wrong.

In response to a complaint made by one of the residential tenants of the Building, Con Edison turned off the gas to the entire building, including Stage’s gas supply as a precautionary measure in light of the recent tragic events that transpired on March 26, 2015.

Con Ed promptly came to the Building and performed an inspection, which made no findings that Stage had ever tampered with the meters or pipes. In connection with restoring gas services to Stage, a licensed plumber determined that Stage needed to replace one of the pipes servicing Stage.

In an effort to remedy the issue as quickly as possible, Stage commenced work prior to obtaining what was later learned to be a necessary work permit, and a stop work order was issued. Stage immediately complied with the stop work order, paid the fines thereon and hired a licensed plumber to apply for the proper applications to perform this work, so that Stage can get back to servicing the community it has had the pleasure to serve for the last 35 years. Stage has requested that the Landlord sign off and cooperate with Stage’s efforts in this regard.

However, to date, Stage has been unable to secure the Landlord’s consent to completing this repair work, which is vital to the safe and continued operations of Stage, as well as for the safety of the community. Stage has requested that the Landlord withdraw the termination notice, and cooperate with Stage’s efforts; however, the Landlord in not interested in promptly remedying a potentially dangerous issue at the Premises, but instead the Landlord is seizing on the recent tragic events as an opportunity to wrongfully evict us for reasons unknown to us.

The building has several violations which are not related to the present issue, and none are indicative of the Landlord’s spurious and malicious claims that Stage has engaged in any wrong-doing other than overzealously attempting to remedy a potentially dangerous condition.

As amNY reported on Tuesday, Joseph Goldsmith, a lawyer for landlord Icon Realty, believes that the Stage was "trying to cover up the siphoning that they had previously done and the Department of Buildings went for an unnanounced inspection and caught them in the act."

Goldsmith told amNY that Icon is waiting for gas use records and pictures that a DOB inspector had taken during the visit in late March.

Bedford + Bowery has more from both Goldsmith and Diakun here.

Previously on EV Grieve:
The possibility that the Stage won't reopen on 2nd Avenue

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone (48 comments)

Petition to help reopen the Stage

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

Troubling talk about 128 Second Ave, and the long-term future of the Stage

[Updated] Report: Icon Realty serves the Stage an eviction notice

City serves stop work order on Icon Realty-owned building for installing gas pipe without permit across from deadly 2nd Avenue blast zone

Yesterday afternoon, the city inspected the Icon Realty-owned 128 Second Ave. across the street from the three buildings that were leveled in a gas explosion last Thursday that killed two people and left more than 20 others injured.

According to the violation notice, a city inspector observed a worker in the cellar installing a new gas pipe and new gas elbows and valve without a permit.



The city immediately served a full stop work order.



Per the sign on the door, the remedy is either obtaining a permit or restoring to "prior legal condition."

128 Second Ave. is also home to the Stage. The diner was closed yesterday. A reader spotted Stage owner Roman Diakun, who said they didn't have gas service. It's unclear when the Stage will be able to open again for business.

Last Wedensday, the tenants association at 128 Second Ave. filed an HP Action for Repairs and Services against Icon Realty in NYC Housing Court. Among other issues, the remaining residents claim that there is inconsistent heat, broken fire escapes and a lack of fire alarms in the building.

Icon bought the building in the fall of 2013.

Previously on EV Grieve:
Happy holidays from 128 Second Ave.

128 Second Ave. has been sold

'Demolitions and renovations' starting today at 128 Second Avenue

Tenants at 128 2nd Ave. file suit against Icon Realty in housing court

[EVG file photo]

A representative from the tenants association at 128 Second Ave. passed along word that the group filed an HP Action for Repairs and Services against landlord Icon Realty yesterday in NYC Housing Court.

The laundry list of issues from the remaining tenants include:

• inconsistent heat
• no fire alarms
• broken fire escape
• broken front door
• excessive dust
• broken stairs
• hanging wires


[A hallway scene at 128 2nd Ave.]

The tenants association have a court date set for April 14 at 9:30 a.m.

Back in the fall of 2013, the ownership of 128 Second Ave. changed hands for $7.5 million… The listed buyers for the building between between St. Mark's Place and East Seventh Street are LLCs... with addresses that matched up to Icon Realty Management, who has been busy in the neighborhood (go here … here … and here for examples).

One of the gut-renovated apartments at 128 Second Ave. is now on the market for $4,300. The two-bedroom unit includes a washer-dryer.

As we understand it, only eight or nine of the building's pre-Icon residents have been able to stick it out through renovations, evictions, buy-out offers, etc.

Previously on EV Grieve:
Happy holidays from 128 Second Ave.

128 Second Ave. has been sold

'Demolitions and renovations' starting today at 128 Second Avenue

Blown cover on 2nd Avenue

This dumpster load is no longer secure outside 128 Second Ave., where the building is undergoing a gut renovation just south of St. Mark's Place…

New sidewalk bridge temporarily keeps Stage owner from his restaurant

On Saturday afternoon, a crew arrived (unannounced) to erect a sidewalk bridge outside 128 Second Ave.

Unfortunately, this happened while the Stage was open for business. And when owner Roman Diakun (in the blue T-shirt below) had stepped away for a moment.

He had to helplessly watch for some 20 minutes while the crew blocked the door to the restaurant to build the safety structure, as these photos by EVG reader Jonathan Jones show.







As we first reported last fall, the building here just south of St. Mark's Place that houses the Stage was sold to rooftop-rager specialists Icon Realty. The building is currently undergoing a gut renovation. One remaining tenant says there aren't many residents left. It has not been easy here.

Previously on EV Grieve:
An appreciation: Breakfast at Stage

Troubling talk about 128 Second Ave, and the long-term future of the Stage

'Demolitions and renovations' starting today at 128 Second Avenue

[EVG file photo]

The remaining residents of 128 Second Avenue now have a gut renovation to look forward to…



[Click image to enlarge]

To date, we've heard accusations of harassment from the new landlord … as well as stories of days without heat and hot water.

Back in the fall, the ownership of 128 Second Ave. changed hands for $7.5 million… The listed buyers for the building between between St. Mark's Place and East Seventh Street are LLCs... with addresses that matched up to Stellar Management ("known as a premier owner and operator of commercial real estate") and Icon Realty Management, the hotshots who have bought up several East Village properties, such as 205 Avenue A.

Previously on EV Grieve:
Happy holidays from 128 Second Ave.

128 Second Ave. has been sold

Happy holidays from 128 Second Ave.

[EVG file photo]

Back in the fall, the ownership of 128 Second Ave. changed hands for $7.5 million… The listed buyers for the building between between St. Mark's Place and East Seventh Street are LLCs... with addresses that matched up to Stellar Management ("known as a premier owner and operator of commercial real estate") and Icon Realty Management, the hotshots who have bought up several East Village properties, such as 326-328 E. Fourth St.

Since then, we've heard rumors about shoddy treatment of the remaining tenants … one resident said that the building was without heat for more than five days in October, which is "more added stress on the good people being treated unfairly and pushed out of the building one by one. What a neighborhood killer."

Most recently, residents spotted this notice from ConEd, who "has not received an application for service for the light and power account in this building."



The service will be turned off "on or after Dec. 23 unless the Landlord or his Agent contact us for service."

Previously on EV Grieve:
Troubling talk about 128 Second Ave, and the long-term future of the Stage

128 Second Ave. has been sold

128 Second Ave. has been sold

Back in late August, a tipster told us that 128 Second Ave. between St. Mark's Place and East Seventh Street was in contract.

Per the tipster, the building was being sold "to a group of four relatively young guys" ... who were heard outside 128 "talking about 'clearing out' the shop in the front" of the building. There are two businesses here: A tattoo/piercing parlor and the Stage restaurant.

According to public documents filed at the beginning of October, the building was sold for $7.5 million. The listed buyers are LLCs... with addresses that match up to Stellar Management ("known as a premier owner and operator of commercial real estate") and Icon Realty Management.

Ikon is familiar to the East Village, as far as gut renovations and additional stories go. Among the company's recent purchases: 326-328 E. Fourth St., 205 Avenue A and 154 Second Ave.

As for the beloved Stage, we understand that they have six years remaining on their lease.

Previously on EV Grieve:
An appreciation: Breakfast at Stage

Troubling talk about 128 Second Ave, and the long-term future of the Stage

Troubling talk about 128 Second Ave, and the long-term future of the Stage

There is talk about 128 Second Ave. near St. Mark's Place. Word is the building is in contract... A resident with knowledge of the situation here said that the building is being sold "to a group of four relatively young guys" ... who were heard "talking about 'clearing out' the shop in the front — which is the Stage."



The Stage has been serving delicious and inexpensive Eastern European cuisine since 1980... While all this is far from official, the resident remains worried. "I can't stand another one of our wonderful places going down." And if you're a Stage fan, then the resident figures it's time to show them some more love.


[Photo by freelance photographer Michael Seto]

Previously on EV Grieve:
An appreciation: Breakfast at Stage