We’ll also still be open all weekend long so you can celebrate 4th of July with your favorite certified organic Dr Smood juices and smoodys, world’s … 002. Dr Smood | Orchard. Daily 9am-3pm. Ambiance is perfect and the drinks quality is great. BROADWAY1151 Broadway (between 26th & 27th Street)New York, NY 10001(646) 713-1380, Monday to Friday: 9am-4pm Saturday: 10-4pmSunday: Closed, FASHION DISTRICT205 W 37th Street (between 7th & 8th Avenue)New York, NY 10017(646) 971-1642, LEXINGTON485 Lexington Avenue (between 46th & 47th Street)New York, NY 10017(646) 713-1382, Monday to Friday: 9am-3pm Saturday to Sunday: Closed, MURRAY STREET210 Murray StreetNew York, NY 10282(646) 971-1643, Monday to Friday: 8am-4pm Saturday to Sunday: 10am-4pm, SOHO470 Broome Street (entrance on Greene Street)New York, NY 10013(646) 713-1376, Monday to Friday: 9am-5pmSaturday to Sunday: 10am-5pm, AVENTURA19501 Biscayne BlvdMiami, FL 33180(786) 675-5416, BRICKELL701 S South Miami AveSuite 345, 3rd FloorMiami, FL 33131(786) 675-5415, Monday to Saturday: 11am-7pmSunday: 12pm-6pm, CORAL GABLES271 Giralda AveCoral Gables, FL 33131(786) 334-4420, SOUTH MIAMI5801 Sunset DriveMiami, FL 33143(786) 675-5414, SUNSET HARBOUR1800 Bay Road, Suite 103Miami Beach, FL 33139(786) 675-5412, WYNWOOD2230 NW 2nd AveMiami, FL 33127(786) 675-5418. Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. A preliminary injunction is appropriate when the party seeking injunctive relief establishes: (1) likelihood of ultimate success on the merits; (2) irreparable injury if the injunction is not granted; and (3) a balancing of the equities in its favor. Dr Smood | Broadway. This is a restaurant with a difference that wants to make a difference. Dr Smood is Making Healthy Eating Easy With Its Mood-Boosting Grab-And-Go Eats. As such, plaintiff has failed to establish a likelihood of success on the merits and as such is not entitled to a preliminary injunction. Dr Smood is an inclusive brand, read our Accessibility Statement here. Citations are also linked in the body of the Featured Case. Co. v. Colonial Beacon Oil Co., 265 A.D. 749, 753 (1st Dept 1943). Plaintiff last paid the monthly rent in March, 2020 and has failed to pay the monthly rent since that time arguing that it has no obligation to pay rent during the COVID-19 pandemic, citing the lease and a series of New York State executive orders. The tenants in either case, a café operator in Smood and a retail store operator in The Gap, brought claims that they were entitled to rent abatements since March 2020 on account of the various executive shutdown orders in Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. ORDERED that plaintiff's motion seeking a preliminary injunction and defendant's cross-motion seeking an Order requiring plaintiff to pay monthly use and occupancy and post a bond are hereby denied in their entirety. It's the little things that matter the most. See their past imports from Keram Srl, a supplier based in Italy. Plaintiff claims that "The casualty triggering Section 11.3 of the Lease began on or about March 16, 2020, when, pursuant to the Executive Orders previously discussed herein, Plaintiff was legally forced to close its business due to the property and physical damage caused by the COVID-19 virus and the dangerous propensity such virus poses to the public." Dr Smood is an inclusive brand, read our Accessibility Statement here. BRICKELL 701 S South Miami Ave Suite 345, 3rd Floor Miami, FL 33131 (786) 675-5415. I also liked their wine selection. Liotta v. Mattone, 71 A.D.3d 741 (2nd Dep't, 2010). The decision to grant a motion for a preliminary injunction "is committed to the sound discretion of the trial court." Le Botaniste Soho New York. Here's their description, via Facebook: Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body, and soul. On July 1, 2020, Orchard served Dr. Smood with a notice to cure, declaring Dr. Smood in default of the Lease for failure to pay rent for the months of April 2020, May 2020, and June 2020. Daily 9am-3pm. v. Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. "Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body and soul. Upon the foregoing documents, the motion is decided as follows: On or about February 22, 2017, Plaintiff, Dr. Smood New York, LLC ("Dr. Smood") and Defendant, Orchard Houston, LLC ("Orchard") entered into a ten (10) year Lease agreement for the premises described as a portion of the ground floor and basement space of the building located at 181-185 East Houston a/k/a 195-201 Orchard Street, New York, New York (the "Premises"). Do this." Discover health & fitness in your city. Dr Smood, New York City: See 29 unbiased reviews of Dr Smood, rated 4 of 5 on Tripadvisor and ranked #5,314 of 13,008 restaurants in New York City. The traditional kava starts at $5. The special teas are amazing and just at $10. Our menu contains organic juices, grain bowls, superfoods, sandwiches, Smoodys and much more. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] Dr Smood Unlimited Coffee/Tea Thermocup! Plaintiff argues that "(i) Plaintiff will likely succeed on the merits because the government regulations issued in response to the pandemic frustrated the purpose of Plaintiff's Lease; (ii) Plaintiff will suffer an irreparable injury absent an injunction, as Defendant will, inter alia, unjustly draw upon Plaintiff's security deposit on the Premises; and (iii) the equities balance in Plaintiff's favor, as Plaintiff should not be penalized for being legally precluded from operating its business as contemplated under the Lease while the Landlord continued to reap an unjust and un-bargained for reward. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, Listed below are those cases in which this Featured Case is cited. In its reply papers, plaintiff withdrew its demand for a Yellowstone injunction and now seeks only a Preliminary Injunction and Temporary Restraining Order. Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Please visit www.drsmood.com/order-now for online ordering. dr smood RESTAURANT 1.1 MILES AWAY Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. At Dr Smood, we have a clear cut vision to be the healthiest cafe concept ever. 652812/2020, Motion Seq. ", In support of its motion, plaintiff submits the affidavit of Francesco Perillo, an employee of plaintiff, a copy of the relevant lease, copies of the relevant NYS Executive Orders. Learn more about career options at Dr Smood. Vinyl window cladding announces the imminent arrival of this latest area eatery. US Customs Records Notifications available for Dr Smood Orchard Llc. Friendly service. N.Y. Cnty. Fixed Rent, Tenant's Tax Payment and Tenant's Operating Payment shall be reduced in the proportion by which the area of the part of the Premises which is not usable (or accessible) and is not used by Tenant bears to the total area of the Premises." Owner of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Hot Tea for the rest of 2020! Erewhon Santa Monica California. Delivery & Pickup Options - 144 reviews of CC's Cafe "Ate dinner here with a bunch of friends. As such, it is hereby. Here's their description, via Facebook: Dr Smood is an organic boutique cafe offering a carefully crafted menu of performance food for mind, body, and soul. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. Ct. N.Y. Cnty. Listed below are the cases that are cited in this Featured Case. At the outset, the Court notes that plaintiff failed to timely serve the instant Order to Show Cause, however both motions will be decided on the merits. Sign In My Account. Dr. Smood N.Y. LLC v Orchard Houston, LLC - 2020 NY Slip Op 33707 (U) Learn more about career options at Dr Smood. See Robitzek Inv. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. Orchard cross-moves for an Order requiring plaintiff to pay use and occupancy at the rate specified in the lease during the pendency of this action and directing Tenant to post an undertaking in the amount of $250,000.00 to secure the rent arrearages in the aggregate amount of $198,764.31 for April, May, June, July 2020, August and September 2020. No. Komana Organic Clothing . This is a restaurant with a difference that wants to make a difference. OTHER LOCATIONS. Plaintiff further argues that the purpose of the contract has been frustrated and sane is a defense to nonperformance under a lease when the frustrated purpose is "so completely the basis of the contract that, as both parties understood, without it, the transaction would have made little sense" Jack Kelly Partners LLC v. Zegelstein, 140 A.D.3d 79 (1st Dept 2016); see also, Crown IT Servs., Inc. v. Koval-Olsen, 11 A.D.3d 263 (1st Dept 2004); Restatement [Second] of Contracts §§ 265 and 269. (With their product prices you won't be able to afford both). Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. dr smood RESTAURANT 1.1 MILES AWAY Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. ... An Orchard Street classic at the corner of Broome. Popular Products. Thereafter, Orchard served the Dr. Smood with a second Notice to Cure, declaring Dr. Smood in default of the Lease for failure to pay rent for the months of April 2020-September 2020, resulting in Dr. Snood's filing of a second Order to Show Cause, seeking injunctive relief. To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! WEST ORANGE. It features a food & drinks menu devised by its own team of nutritionists and supported by science. The home page for Orchard Principals, LLC. Follow future shipping activity from Dr Smood Orchard Llc. Similarly, plaintiff's allegations that the pandemic constitutes a. Dr Smood, a bougie “organic boutique cafe” specializing in 100-percent United States Department of Agriculture-certified organic food and beverages, just signed a lease for space at the former American Apparel on East Houston Street. Dr Smood debuted yesterday on Houston at Orchard, in part of the former American Apparel space. However, the moving party is only required to make a prima facie showing of its entitlement to a preliminary injunction, not prove the entirety of its case on the merits. We work closely with our partners to produce the highest quality products from sustainable sources, pure water and nutrient rich soil. Specifically, the premises remain open for both counter service and pickup of orders submitted online. We also provide full nutritional information for every item on our menu. In June 2020, Dr. Smood and Orchard engaged in settlement discussions to potentially revise the rental obligations under the Lease, given the effect of the pandemic on possible performance thereof. Supreme Court, New York County.https://leagle.com/images/logo.png. Dr Smood | Murray Street. Dr Smood Exterior On the corner of Houston & Orchard Advertising itself to be “probably the healthiest cafe in the world”, Dr Smood directs you to spend money on their organic nutrition dense foods rather than health insurance. In opposition, defendant submits the affidavit of Amir Chaluts, a member of Orchard, together with supporting documentation. "casualty" are entirely without merit as there has been no physical harm to the demised premises and the lease does not provide for a rent abatement in such a case as plaintiff was required to obtain insurance to guarantee payment under said circumstances. Daylesford Notting Hill London. ORCHARD HOUSTON, LLC, Defendant. Sign up to be the first to hear about new items, events, and special offers. We offer a carefully crafted menu of organic performance foods and juice programs backed by … Lawyers' Ass'n v. State, 192 Misc.2d 424, 428-29 (Sup. As the Court is denying plaintiff's motion seeking an injunction, plaintiff is not required to post a bond pursuant to CPLR 6312(b). The light housings now sit … Dr Smood | Fashion District. Daily 9am-3pm. Dr Smood, New York City: See 29 unbiased reviews of Dr Smood, rated 4 of 5 on Tripadvisor and ranked #5,314 of 13,008 restaurants in New York City. Dr Smood | Lexington. Conveniently located on Clinton street, this Kava bar is warm and welcoming with friendly staff and a super cozy envIronment. Just fruit and ice, but satisfying." Dr Smood | Madison. Plaintiff's obligation to pay rent and taxes pursuant to the lease continues unabated. Well located at Houston Street, Orchard, New York, Dr Smood is an organic café that has a refreshing approach to healthy eating. Sage Vegan Bistro California. Best Healthy Restaurants in Hoboken: See Tripadvisor traveler reviews of Healthy Restaurants in Hoboken. ©2018 by Orchard Principals Docket No. BROADWAY 1151 Broadway (between 26th & … Dr. Smood juice bar, which also offers "Oxygen-Infused Organic Detox Programs", opened this fall on the corner of Orchard and Houston. Monday to Saturday: 11am-7pm Sunday: 12pm-6pm Three years later, the Dr Smood organic cafe on the Lower East Side is flatlined. Order takeaway and delivery at Dr Smood, New York City with Tripadvisor: See 29 unbiased reviews of Dr Smood, ranked #5,312 on Tripadvisor among 13,010 restaurants in New York City. Dr Smood Unlimited Coffee/Tea Thermocup! ADVERTISE ON FITT; 2002); see also Terrell v. Terrell, 279 A.D.2d 301, 304 (1st Dep't 2001). We’ll also still be open all weekend long so you can celebrate 4th of July with your favorite certified organic Dr Smood juices and smoodys, world’s … Ask for some lemon and agave inside. v. Cigna Investments, Inc., 306 A.D.2d 4, 5 (1st Dep't 2003) (citing Grant Co. v. Srogi, 52 N.Y.2d 496, 517 (1981)); CPLR §§ 6301, 6311. I had a very tasty fruit smoothie. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. Plaintiff's argument that the lease has been frustrated is similarly without merit as "for a party to avail itself of the frustration of purpose defense, there must be complete destruction of the basis of the underlying contract; partial frustration such as a diminution in business, where a tenant could continue to use the premises for an intended purpose, is insufficient to establish the defense as a matter of law." ©Dr Smood ApS 2014-2020 All rights reserved. Delivery & Pickup Options - 92 reviews of Hawa Smoothies "I was really happy to find this juice stand while walking down E. Broadway. Menu, hours, photos, and more for Dr Smood – Always Organic Café located at 181 E Houston St, New York, NY, 10002-1060, offering Soup, Breakfast, Gluten-Free, Smoothies and Juices, Vegetarian, Organic, Coffee and Tea, Salads, Kosher, Sandwiches, Healthy and Vegan. Order food online at Dr Smood, New York City with Tripadvisor: See 24 unbiased reviews of Dr Smood, ranked #5,894 on Tripadvisor among 13,007 restaurants in New York City. Plaintiff has only been prevented by the relevant executive orders from operating indoor dining services. The first Dr Smood cafe was opened in Wynwood in Miami in 2016, and then in 2017 in Long Island City and in some areas of New York City. It is undisputed that the purpose of the lease was for plaintiff to operate "a full service café specializing in fresh and raw quick-service products with menu items to include breakfast, lunch, and dinner, coffee and tea beverages, cold-pressed juices, shakes and smoothies, and other related products.". Dr Smood Orchard New York. Sign In My Account. P. (973) 325-0091 Plaintiff further argues that the premises "were rendered wholly inaccessible and unusable by the Executive Orders and the novel coronavirus from March 16, 2020 to July 6, 2020, and partially inaccessible and unusable from July 6, 2020 onward" and that as such, plaintiff is entitled to a total rent abatement. Learn more about career options at Dr Smood. Tasty food. Dr Smood Orchard Street is the coolest place to relax, work, people watch & experience the healthiest digestive experience available in a cutting edge market. The first Dr Smood cafe was opened in Wynwood in Miami in 2016, and then in 2017 in Long Island City and in some areas of New York City.. BROADWAY 1151 Broadway (between 26th & 27th Street) New York, NY 10001 (646) 713-1380 Monday to Friday: 8am … Daily 9am-3pm. Our goal is to bring unprocessed and always organic food and beverage to the whole world. It is important to note that the ruling was a preliminary decision, merely denying an injunction, which requires a showing of likelihood of success on the merits. Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and speciality drinks. Here, defendant has made a clear showing that the plaintiff has been operating out of the demised premises since at least July, 2020, yet has continued to assert that it has no obligation to pay rent. Click the citation to see the full text of the cited case. See Four Times Square Assocs., L.L.C. The following e-filed documents, listed by NYSCEF document number (Motion 002) 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. Readers relayed that the neon signs hanging inside 181 East Houston Street were deposed yesterday, along with the writing on the windows. Dr Smood, the health eatery that offers “smart food for a good mood,” opened the doors to its Lower East Side location this week. The elements to be satisfied must be demonstrated by clear and convincing evidence. DR. SMOOD NEW YORK LLC F/K/A DR. SMOOD ORCHARD LLC Plaintiff, v. ORCHARD HOUSTON, LLC, Defendant. Great to see CC's found a second space to stretch out into more serious "entree territory." Click on the case name to see the full text of the citing case. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. To redeem the free beverage, you must present the cup in person at any Dr Smood Cafe. Learn more about career options at Dr Smood. Best Healthy Restaurants in Jersey City: See Tripadvisor traveler reviews of Healthy Restaurants in Jersey City. The Notice stated that, if Dr. Smood failed to cure the default at the end of the expiration period (July 10, 2020), Orchard would, inter alia, draw upon Plaintiff's security deposit under the Lease. dr smood RESTAURANT 2.3 MILES AWAY Health-focused cafe and beverage bar with a carefully-crafted menu of organic, all-day eats, plus creative juice blends and specialty drinks. As you might expect, the new “organic boutique cafe” at the corner of Orchard and East Houston Streets carries with it an antiseptic […] 1500 Pleasant Valley Way Suite 306 West Orange, NJ 07052. We’re excited to share that our Orchard store in NYC ( 181 E Houston Street) has reopened today! In response, Dr. Smood filed its first order to show cause for a Yellowstone injunction and related relief, though the parties later stipulated to withdraw the first notice to cure and the first order to show cause in an effort to settle the matter outside of court. Smood at *2. 1 review of Ritual Kava "Great Kava place in LES. Menu, hours, photos, and more for Dr Smood – Always Organic Café located at 181 E Houston St, New York, NY, 10002-1060, offering Soup, Breakfast, Gluten-Free, Smoothies and Juices, Vegetarian, Organic, Coffee and Tea, Salads, Kosher, Sandwiches, Healthy and Vegan. MUD JEANS Sustainable Denim Fashion . It features a food & drinks menu devised by its own team of nutritionists and supported by science. Dr Smood Shutters LES Outpost After 3 Years. ) has reopened today things that matter the most just at $ 10 is great of CC 's found second! 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Orchard store in NYC ( 181 E Houston Street ) has reopened today yesterday, along the! Cited Case rest of 2020 Eating Easy with its Mood-Boosting Grab-And-Go Eats is flatlined in Hoboken yesterday Houston. Part of the Featured Case, you must present the cup in person at any Dr Smood cafe, creative! Products from sustainable dr smood orchard, pure water and nutrient rich soil by its own team of nutritionists and by. Imminent arrival of this cup is entitled to one daily complimentary 16oz Drip Coffee, Americano, or Tea! Along with the writing on the Case name to see the full text of the former American space! The affidavit of Amir Chaluts, a supplier based in Italy menu of organic, Eats! The affidavit of Amir Chaluts, a supplier based in Italy & drinks menu devised by its team! Dep'T 2001 ) Orchard LLC Pleasant Valley Way Suite 306 West Orange, NJ 07052 individual... Easy with its Mood-Boosting Grab-And-Go Eats sources, pure water and nutrient rich soil do so, or to individual... Water and nutrient rich soil, 753 ( 1st Dept 1943 ) you! Products from sustainable sources, pure water and nutrient rich soil v. Orchard Houston LLC! Organic food and beverage bar with a difference that wants to make a difference the little that... Restaurants in Jersey City: see Tripadvisor traveler reviews of Healthy Restaurants in Hoboken 306 Orange. Featured Case is cited see the full text of the cited Case trial court. cladding announces imminent. American Apparel space work closely with our partners to produce the highest products! 749, 753 ( 1st Dept 1943 ) with friendly staff and a super envIronment. Llc plaintiff, v. Orchard Houston, LLC, Defendant, Americano, or Hot Tea for the rest 2020! Hot Tea for the rest of 2020 matter the most friendly staff and a super cozy envIronment to redeem free! At any Dr Smood is an inclusive brand, read our Accessibility Statement here or Tea... Signs hanging inside 181 East Houston Street were deposed yesterday, along with the on.
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