NEW YORK (1010 WINS) — An East Village restaurant filed a $615,000 lawsuit against the city last Thursday after its outdoor dining shed was demolished.
Mimi Blitz, co-owner of Pinky's Space, located near East First Street and First Avenue, told 1010 WINS Newsline With Brigitte Quinn on Tuesday that the shed was 90% of their business and that its Oct. 27 removal has "completely stalled" their operations.
"They didn't tell us anything," she said. "You know, we were misled by the inspectors. We were verbally told that we had items to correct and that if we didn't correct them, then we would be issued a violation and be fined. We were never verbally told that we were at risk of them even tearing it down."
Blitz said that the hotspot had planned events throughout the holiday season, including CD release parties, which were "money makers," but were forced to cancel, which has left them in "a bit of a financial tailspin."
The city's Department of Transportation has refuted Blitz's claims, noting that in addition to the cease-and-desist letters it sent to the restaurant in August, it sent two more in October, telling Pinky's that the shed would be demolished if it did not comply with the city's requirements.
Blitz said the eatery was given a "checklist of items" to correct, which she claims they did.
However, in the suit reviewed by PIX 11, Pinky's Space acknowledged receiving "two (2) cease and desist orders of non-compliance regarding the outdoor structure and each time, made the requested changes. However, Plaintiff was never informed that the Property was a threat of imminent harm which required complete destruction."
The DOT's objections included the shed being too far from the curb, lacking reflective elements and not being ADA accessible, according to the report. It also served as a manhole cover and a storage area for non-dining components.
Blitz rejected several of the DOT's claims, arguing that the shed's "distance from the curb" was "in line" with their neighbor's and that the neighbor's shed "is still there," while the ADA ramp "was not required" to be out "at all times" and was "easily accessible" when requested. She did "own up" to the reflective tape issue, saying that "it was not the full perimeter as requested."
The shed was demolished a month after Mayor Eric Adams announced that the outdoor dining program is "here to stay," but with a new enforcement initiative to remove abandoned or dilapidated dining structures.
When asked about the dining shed demolition at Pinky's Space in October, Adams said that while he hadn't heard about it at the time, the protocol is to give notice before any dining shed is demolished unless there's a "real imminent safety hazard."
"Those that are abandoned or those that are dangerous, there’s a sign that’s placed on them with a warning, and then those who own them have an opportunity to repair or to dismantle," he added.
Now, Blitz said that the restaurant is "rebuilding" after recertifying and getting another permit.
"They really took away all of our business, our whole livelihood," she added.
A city Law Department spokesperson said they’ll review the suit.
"Outdoor dining saved more than 100,000 jobs at the height of the pandemic, and we are working with our partners in the City Council to design a permanent Open Restaurants program that has clear guidelines for restaurant owners and that all New Yorkers can be proud of," the spokesperson said. "We’ll review the suit."
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