June 22, 2020
NY Post
by: Priscilla DeGregory
Fashion brand Valentino wants to break the lease on its chic Fifth
Avenue location — because the coronavirus is stopping it from conducting
“high-end” business, a new lawsuit says.
The Italian luxury retail and design company says even if the Big
Apple overcomes the pandemic, “the social and economic landscapes have
been radically altered in a way that has drastically, if not
irreparably, hindered Valentino’s ability to conduct high-end retail
business,” at the primo shopping locale, according to the Manhattan
Supreme Court lawsuit filed Sunday.
Valentino is asking a judge to allow it to break its pricey lease
with landlord 693 Fifth Owner, LLC by the end of the year, despite a
contract that is slated to run through July 2029, the court papers say.
Valentino — which leases four levels at the location — initially signed the contract in May 2013, the court documents say.
Since the state “PAUSE” executive order went into effect closing businesses for months — and which is now only allowing them to open in a very limited way
— Valentino cannot “offer in-boutique retail sales, or associated
services such as fittings … as the company operated before the COVID-19
pandemic,” the lawsuit claims.
New Yorkers have suffered major financial setbacks, including high
unemployment rates, which has led to a major consumer spending decline —
while new safety protocols “have severely impacted brick-and-mortar
retail sales, and will continue to do so, indefinitely,” the court
filings say.
“Even if such restrictions are eased (at some point), continued
social distancing, as well as other limitations, will make it impossible
for Valentino to operate its boutique as initially envisioned under the
Lease,” the court papers say.
After notifying the owner it wanted to break the lease, Valentino was
told on June 19 through a lawyer that 693 Fifth Owner, “would not
accept such a surrender, and, notwithstanding the COVID-19 pandemic,
disputed that Valentino’s obligations under the Lease have been excused,
leaving Valentino with no alternative but to commence this action,” the
suit alleges.
693 Fifth Owner lawyer Robert Cyruli told The Post, “My client will not choose to litigate this in the media.”
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