Restaurant Must Pay for Cleanup of Menus Left in Building

LVT Number: 8746

Landlord sued restaurant owner in small claims court. Landlord claimed that restaurant continued to distribute menus in its two buildings, even after repeated requests from landlord to stop doing so. Landlord sent restaurant owner two certified letters, stating that it cost $10 for the visiting superintendent services each time the restaurant littered the building with menus and that landlord would charge these amounts to restaurant. Restaurant claimed it never got the letters, but landlord had a return receipt with restaurant owner's signature.

Landlord sued restaurant owner in small claims court. Landlord claimed that restaurant continued to distribute menus in its two buildings, even after repeated requests from landlord to stop doing so. Landlord sent restaurant owner two certified letters, stating that it cost $10 for the visiting superintendent services each time the restaurant littered the building with menus and that landlord would charge these amounts to restaurant. Restaurant claimed it never got the letters, but landlord had a return receipt with restaurant owner's signature. Restaurant owner also claimed the right of free speech, but this didn't apply inside a private building. Landlord had paid a total of $440 for cleanup of menus after letters were sent. The court ruled for landlord and ordered restaurant owner to reimburse landlord.

Lapidus v. Empire Szechuan Gourmet Inc.: NYLJ, p. 28, col. 4 (4/15/94) (Civ. Ct. NY; Payne, J)