Buffalo, N.Y. (WBEN) - A New York State Supreme Court judge has issued a relief in the case between the BFLO Store and Eastern Hills Mall on Tuesday.
Shortly after the mall's co-owners, Uniland Development and Mountain Development Corporation, blocked entrance to the store with padlocks, a tractor and a moving truck in the back, BFLO Store owner Nathan Mroz filed a lawsuit against the mall, as he gets set to move from Eastern Hills to Transitown Plaza.
The mall claimed Mroz was trying to remove unauthorized components, such as windows, doors, flooring, plumbing and light fixtures from the BFLO Event Center.
After nearly 45 minutes of hearings from lawyers on both sides, Justice Emilio Colaiacovo issued three resolutions with the case that the parties must adhere to:
1.) Eastern Hills Mill will remove any blockage to allow folks from the BFLO Store access to the store.
2.) The BFLO Store shall not remove anymore electrical, flooring or plumbing items and shall put back or replace anything that was removed.
3.) If no agreement between parties is made by 12 p.m. ET on Wednesday, a "referee" will come in and determine what will remain or can be removed at the mall.
Colaiacovo says that Mroz has the right to move on and have access to his store as the moving out process continues, but he has to abide with the rules established by the landlords.
Mroz and his attorney says they will create a wishlist of what he's looking to keep and what he'd be willing to stay at the mall, and then the mall will be able to go through and give the proper approvals or denials on the list.
In addition, the BFLO Store agreed to put back in place any windows or flooring that had been removed by Friday.
Both sides are set to return to court via a phone conference on Thursday, Aug. 11.
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***The original story below was written by Susan Rose:
Williamsville, N.Y. (WBEN) - "We are in the midst of litigation with the mall," said BFLO Store owner Nathan Mroz on WBEN Tuesday morning.
The BFLO Store is in the process of moving its flagship location from Eastern Hills Mall, to nearby Transitown Plaza in Williamsville.
"As we were trying to move our fixtures and merchandise out of the building, they (the mall) brought chain locks and a tractor and literally parked it in front of my door."
The mall, owned by Uniland Development, claims Mroz is trying to remove
unauthorized components, such as windows, doors, flooring, plumbing and
light fixtures.
"I put two million dollars into that building with two loans from KeyBank.
We are taking what is rightfully and lawfully ours. We are not dismantling the building in a way that is vandalizing. We are doing it with integrity," added Mroz.
The BFLO Store's lease with the mall is up July 31.
Mroz calls the attempt to block entry to the store as "sabotage." The BFLO Store is planning to open at its new site this Saturday, July 16th - or "716 Day".
"This is a direct and deliberate attack to make sure that we do not open," said Mroz, who intends to fight back. "They gave me an empty Sears building, and that's what they're going to get when I return it."
As of Tuesday morning, no merchandise has been moved out of the store at the mall. The Eastern Hills location was slated to be open through Thursday of this week. On Friday, all of the merchandise was to be moved to the new location at Transitown.
"This is not just our store at Eastern Hills," said Mroz. "It's a back room that feeds all of our stores and our online presence and unfortunately there will be a disruption."
The matter is now in the hands of a judge. State Supreme Court Judge Emilio Colaiacovo will hear the case Wednesday.
Mroz admitted to removing flooring that he put into the store, but said it would be replaced with other flooring. Most leases state that any improvements must remain. But Mroz insists that his lease with the mall is technically a licensing agreement, a unique situation, which he claims, gives him the right to remove any improvements.
If Mroz cannot gain access to his Eastern Hills location, can he still open the new location on Saturday? "We can't. That's why we're so bold on the court trying to help us out to help us break the chains, literally and figuratively."
