
Photo by Derek Berg...













“The people they owe money to are, among others, the State – there are some taxes due – but there are some other creditors, one of them was a book distributor. That was the pressure point.”
“The State doesn’t usually play games,” West added. “That was pretty much it.”
According to New York’s Department of State, a warrant was issued on January 21, 2016 for a $34,408.76 tax lien. The only way out of a tax warrant is to pay the bill in full or file for bankruptcy. Then, as Contant explained, as a result of losing a legal dispute with the book wholesaler Baker & Taylor (which boasts the title of “world’s largest distributor of books and entertainment”) a U.S. Marshal Auction has been scheduled for Wednesday, February 10.
What Khalid and FitzGerald propose, and what they hope the city will agree to, is a new lease, with a new company — under a new name, Khalid said repeatedly — that will pay a higher rent than it is currently paying. In return, it will forgive the back rent. FitzGerald, any investors, and a management committee will direct how to allocate any funds raised, including whatever is left of the $200,000 Khalid said he’s already raised. “I think of this as a startup,” Khalid said. “St. Mark’s 2.0.”

Jim West, a lawyer with his own firm who has been providing pro bono legal assistance to St. Mark's, explained that New York City would probably prefer not to see the execution sale happen. The reason, West explained, is because the cost of the auction would likely be higher than the money it will bring in.
If the execution sale does not happen, West said St. Mark's could stay open until March 9, which is the date of the next hearing about the back rent.






