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	<title>Observer &#187; Petitions, P.R., Christine Quinn:  What Can Save Le Madeleine?</title>
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		<title>Observer &#187; Petitions, P.R., Christine Quinn:  What Can Save Le Madeleine?</title>
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		<title>Petitions, P.R., Christine Quinn:  What Can Save Le Madeleine?</title>

		<comments>http://observer.com/2007/02/petitions-pr-christine-quinn-what-can-save-le-madeleine/#comments</comments>
		<pubDate>Mon, 26 Feb 2007 00:00:00 -0400</pubDate>
					<link>http://observer.com/2007/02/petitions-pr-christine-quinn-what-can-save-le-madeleine/</link>
			<dc:creator>Chris Shott</dc:creator>
				
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		<description><![CDATA[<p><img class="alignleft" src="http://nyoobserver.files.wordpress.com/2011/06/022607_article_counter.jpg?w=200&h=300" />After enduring back-to-back defeats in court, embattled restaurateur Toney Edwards remains as &ldquo;determined as ever,&rdquo; he said, to protect his hallowed Hell&rsquo;s Kitchen cookery, Le Madeleine, from a developer&rsquo;s wrecking ball.</p>
<p>But if that doesn&rsquo;t work out, the stick-to-it-ive Texas-born owner of the longstanding French-style bistro on West 43rd Street might have to settle for Plan B.</p>
<p>Despite collecting more than 12,000 signatures in support of Le Madeleine staying put&mdash;including those of such prominent politicians as City Council Speaker Christine Quinn and Congressman Jerrold Nadler&mdash;the formerly relocation-reluctant Mr. Edwards is now actively seeking a fallback address.</p>
<p>&ldquo;I am looking for other locations,&rdquo; he recently informed Counter Espionage.</p>
<p>The change typifies a significant shift in strategy for the self-described poster child of all the bad stuff that&rsquo;s happening to old-line neighborhood restaurants across Manhattan. Mr. Edwards also recently replaced his local petition-drive-specialist public-relations team with a national crisis-communications manager.</p>
<p>&ldquo;We&rsquo;ve stopped actually doing any petitions, except online, because all of the elected officials are on our side and are very supportive, as is the neighborhood,&rdquo; Mr. Edwards said.</p>
<p>Now if only he could sway a judge or two.</p>
<p>Sporting a navy blazer with a silk handkerchief, a striped button-up shirt and a black turtleneck, Mr. Edwards mingled merrily, per custom, among family, friends and guests at the restaurant on Monday night, in spite of the possible doom facing his annual $3.2 million food-and-beverage operation.</p>
<p>Any day now, he expects to find out whether the State Court of Appeals will agree to hear his last-ditch plea against landlord Mark Scharfman, who&rsquo;s been trying to terminate Le Madeleine&rsquo;s lease since July 2005.</p>
<p>If Mr. Edwards&rsquo; appeal is granted, the continuing proceedings would prolong the restaurant&rsquo;s current streak of staying in business a full 12 months (and counting) past its originally scheduled cutoff date. </p>
<p>If his request gets rejected, however, the court-ordered stay of eviction that&rsquo;s kept Mr. Edwards&rsquo; award-winning wine selection flowing throughout the long legal tussle would expire in short order.</p>
<p>And then, barring any unforeseen breakthrough in landlord-tenant negotiations, the bulldozers would come. And, shortly thereafter, the condos (of course).</p>
<p>According to Mr. Edwards&rsquo; own lawyers, the odds of further forestalling the single-story, lime-painted brick building&rsquo;s intended destruction on appeal are not exactly favorable, to say the least. &ldquo;I&rsquo;ve been given a 2 to 3 percent chance of getting an appeal,&rdquo; Mr. Edwards said, adding: &ldquo;Hopefully, there are other legal avenues we can take.&rdquo;</p>
<p>Even the restaurant&rsquo;s resident guitarist, Gene Bertoncini, whose classical strumming has provided the soundtrack for a multitude of nighttime meals at Le Madeleine over the past 15 years, seemed resigned to blisterless Sunday and Monday nights off in the very near future.</p>
<p>Mr. Bertoncini offered a simple two-word explanation for his bleak outlook on the business&rsquo; future: &ldquo;Demolition clause.&rdquo;</p>
<p>The building&rsquo;s owner, Mr. Scharfman, and his attorney, Steven D. Sidrane, have long maintained that Mr. Scharfman was fully entitled to evict the eatery &ldquo;[a]t any time that Landlord intends to demolish or to substantially remodel or rehabilitate the Building,&rdquo; citing a specific section in the lease that states, well, exactly that.</p>
<p>Mr. Edwards, however, has challenged that seemingly straightforward provision, based on a couple of arguments.</p>
<p>As Counter Espionage previously reported, one point of contention remains the restaurant&rsquo;s labyrinthine basement, which is actually located under the protected old-law tenement building next-door to the restaurant. Mr. Edwards&rsquo; attorneys have argued that, since Le Madeleine&rsquo;s lease includes both addresses and refers to them singularly as &ldquo;the Building,&rdquo; the landlord would need to treat both properties equally in order to invoke the right to raze.</p>
<p>The eatery&rsquo;s legal team has further alleged that Mr. Scharfman&rsquo;s plan to erect a new multi-story residential building in Le Madeleine&rsquo;s place&mdash;right up against the historic structure next-door&mdash;would likely diminish light and emergency exits for existing tenants, in apparent violation of the city&rsquo;s building code. (A number of politicos, including Ms. Quinn and Mr. Nadler, have urged the Buildings Department in writing to make sure that Mr. Scharfman&rsquo;s plans receive an appropriate level of scrutiny.)</p>
<p>To lend extra credibility to these complaints&mdash;and perhaps come off less like the usual angry tenant&mdash;Mr. Edwards hired a renowned landlord lawyer, Jeffrey R. Metz, senior partner in the largely property-owner-centric law firm Borah, Goldstein, Altschuler, Schwartz &amp; Nahins, to argue his case.</p>
<p>Yet all the legalese, crafty strategy and politicking have been for naught.</p>
<p>So far, no judge can seem to look past that whole landlord&rsquo;s-right-to-demolish section in the lease.</p>
<p>Last July, Manhattan Supreme Court Judge Faviola Soto ruled simply that &ldquo;the landlord has exercised its rights.&rdquo; More recently, on Jan. 11, a panel of five Appellate Division justices unanimously agreed that Mr. Scharfman &ldquo;possessed the absolute right to terminate the [restaurant&rsquo;s] lease.&rdquo;</p>
<p>The overwhelming landlord-leaning sentiment behind the bench thus far has made Mr. Edwards&rsquo; final appeal look like quite a long shot.</p>
<p>&ldquo;When the appellate court is unanimous in agreeing with the lower court, the appeals court generally isn&rsquo;t gonna take it,&rdquo; he said.</p>
<p>If nothing else, Mr. Edwards&rsquo; recent misadventures in litigation at least seemed to provide an important civics lesson.</p>
<p>&ldquo;Politicians can&rsquo;t influence the court, evidently,&rdquo; he noted. &ldquo;Even if Christine Quinn and [State Senator] Tom Duane want to get something done through the courts, it&rsquo;s not their court. It&rsquo;s the court set up by [former Governor George] Pataki 10 years ago, when he appointed everybody.&rdquo;</p>
]]></description>
		<content:encoded><![CDATA[<p><img class="alignleft" src="http://nyoobserver.files.wordpress.com/2011/06/022607_article_counter.jpg?w=200&h=300" />After enduring back-to-back defeats in court, embattled restaurateur Toney Edwards remains as &ldquo;determined as ever,&rdquo; he said, to protect his hallowed Hell&rsquo;s Kitchen cookery, Le Madeleine, from a developer&rsquo;s wrecking ball.</p>
<p>But if that doesn&rsquo;t work out, the stick-to-it-ive Texas-born owner of the longstanding French-style bistro on West 43rd Street might have to settle for Plan B.</p>
<p>Despite collecting more than 12,000 signatures in support of Le Madeleine staying put&mdash;including those of such prominent politicians as City Council Speaker Christine Quinn and Congressman Jerrold Nadler&mdash;the formerly relocation-reluctant Mr. Edwards is now actively seeking a fallback address.</p>
<p>&ldquo;I am looking for other locations,&rdquo; he recently informed Counter Espionage.</p>
<p>The change typifies a significant shift in strategy for the self-described poster child of all the bad stuff that&rsquo;s happening to old-line neighborhood restaurants across Manhattan. Mr. Edwards also recently replaced his local petition-drive-specialist public-relations team with a national crisis-communications manager.</p>
<p>&ldquo;We&rsquo;ve stopped actually doing any petitions, except online, because all of the elected officials are on our side and are very supportive, as is the neighborhood,&rdquo; Mr. Edwards said.</p>
<p>Now if only he could sway a judge or two.</p>
<p>Sporting a navy blazer with a silk handkerchief, a striped button-up shirt and a black turtleneck, Mr. Edwards mingled merrily, per custom, among family, friends and guests at the restaurant on Monday night, in spite of the possible doom facing his annual $3.2 million food-and-beverage operation.</p>
<p>Any day now, he expects to find out whether the State Court of Appeals will agree to hear his last-ditch plea against landlord Mark Scharfman, who&rsquo;s been trying to terminate Le Madeleine&rsquo;s lease since July 2005.</p>
<p>If Mr. Edwards&rsquo; appeal is granted, the continuing proceedings would prolong the restaurant&rsquo;s current streak of staying in business a full 12 months (and counting) past its originally scheduled cutoff date. </p>
<p>If his request gets rejected, however, the court-ordered stay of eviction that&rsquo;s kept Mr. Edwards&rsquo; award-winning wine selection flowing throughout the long legal tussle would expire in short order.</p>
<p>And then, barring any unforeseen breakthrough in landlord-tenant negotiations, the bulldozers would come. And, shortly thereafter, the condos (of course).</p>
<p>According to Mr. Edwards&rsquo; own lawyers, the odds of further forestalling the single-story, lime-painted brick building&rsquo;s intended destruction on appeal are not exactly favorable, to say the least. &ldquo;I&rsquo;ve been given a 2 to 3 percent chance of getting an appeal,&rdquo; Mr. Edwards said, adding: &ldquo;Hopefully, there are other legal avenues we can take.&rdquo;</p>
<p>Even the restaurant&rsquo;s resident guitarist, Gene Bertoncini, whose classical strumming has provided the soundtrack for a multitude of nighttime meals at Le Madeleine over the past 15 years, seemed resigned to blisterless Sunday and Monday nights off in the very near future.</p>
<p>Mr. Bertoncini offered a simple two-word explanation for his bleak outlook on the business&rsquo; future: &ldquo;Demolition clause.&rdquo;</p>
<p>The building&rsquo;s owner, Mr. Scharfman, and his attorney, Steven D. Sidrane, have long maintained that Mr. Scharfman was fully entitled to evict the eatery &ldquo;[a]t any time that Landlord intends to demolish or to substantially remodel or rehabilitate the Building,&rdquo; citing a specific section in the lease that states, well, exactly that.</p>
<p>Mr. Edwards, however, has challenged that seemingly straightforward provision, based on a couple of arguments.</p>
<p>As Counter Espionage previously reported, one point of contention remains the restaurant&rsquo;s labyrinthine basement, which is actually located under the protected old-law tenement building next-door to the restaurant. Mr. Edwards&rsquo; attorneys have argued that, since Le Madeleine&rsquo;s lease includes both addresses and refers to them singularly as &ldquo;the Building,&rdquo; the landlord would need to treat both properties equally in order to invoke the right to raze.</p>
<p>The eatery&rsquo;s legal team has further alleged that Mr. Scharfman&rsquo;s plan to erect a new multi-story residential building in Le Madeleine&rsquo;s place&mdash;right up against the historic structure next-door&mdash;would likely diminish light and emergency exits for existing tenants, in apparent violation of the city&rsquo;s building code. (A number of politicos, including Ms. Quinn and Mr. Nadler, have urged the Buildings Department in writing to make sure that Mr. Scharfman&rsquo;s plans receive an appropriate level of scrutiny.)</p>
<p>To lend extra credibility to these complaints&mdash;and perhaps come off less like the usual angry tenant&mdash;Mr. Edwards hired a renowned landlord lawyer, Jeffrey R. Metz, senior partner in the largely property-owner-centric law firm Borah, Goldstein, Altschuler, Schwartz &amp; Nahins, to argue his case.</p>
<p>Yet all the legalese, crafty strategy and politicking have been for naught.</p>
<p>So far, no judge can seem to look past that whole landlord&rsquo;s-right-to-demolish section in the lease.</p>
<p>Last July, Manhattan Supreme Court Judge Faviola Soto ruled simply that &ldquo;the landlord has exercised its rights.&rdquo; More recently, on Jan. 11, a panel of five Appellate Division justices unanimously agreed that Mr. Scharfman &ldquo;possessed the absolute right to terminate the [restaurant&rsquo;s] lease.&rdquo;</p>
<p>The overwhelming landlord-leaning sentiment behind the bench thus far has made Mr. Edwards&rsquo; final appeal look like quite a long shot.</p>
<p>&ldquo;When the appellate court is unanimous in agreeing with the lower court, the appeals court generally isn&rsquo;t gonna take it,&rdquo; he said.</p>
<p>If nothing else, Mr. Edwards&rsquo; recent misadventures in litigation at least seemed to provide an important civics lesson.</p>
<p>&ldquo;Politicians can&rsquo;t influence the court, evidently,&rdquo; he noted. &ldquo;Even if Christine Quinn and [State Senator] Tom Duane want to get something done through the courts, it&rsquo;s not their court. It&rsquo;s the court set up by [former Governor George] Pataki 10 years ago, when he appointed everybody.&rdquo;</p>
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