In the basement food court of Grand Central Terminal sits a restaurant called Zocalo. Like many of the old guard food business there, it is an overpriced, mediocre spot albeit one that features some decent margaritas and otherwise uninspiring Mexican food. If the MTA had its legal druthers, Zocalo would be long gone, and Danny Meyer’s Shake Shack would be on the way in. That is, at least, what was supposed to happen.
Zocalo, however, has something else in mind, and the restaurant will not go quietly into the night. Already in unlawful possession of the space, owner Robert Shapiro has filed suit against the MTA, Crain’s New York recently reported. Adrianne Pasquarelli had more:
In the case, Zócalo alleges that the “bidding process [for retail space in Grand Central] is corrupted.” The restaurant is also protesting the eviction notice it received in February, and hopes to stay in the space as long as possible…
In January 2011, when the MTA put out a request for proposals, Zócalo submitted a bid to stay where it has been since 1998, but failed to win it. Shortly after, it was announced that Shake Shack, the popular burger and ice cream eatery owned by restaurateur Danny Meyer, was planning to move into Zócalo’s spot. Zócalo has been on a month-to-month lease since last fall.
“Zócalo is desperately pursuing any possible means to remain in possession of space it no longer has the legal right to occupy, contrary to the legal rights of the MTA and Shake Shack,” said an MTA spokesman. He noted that a civil court in a landlord-tenant proceeding already ruled that the Mexican eatery is in unlawful possession of the space, since its lease has expired.
The Zocalo owner claims that Shack Shake operates more locations than permitted under the RFP, and thus, the winning bid is ineligible. This is unlikely to be a particularly convincing argument though as Zocalo fights its eviction.
Meanwhile, as Crain’s notes, the MTA is not only going to have to pay costs to fight this legal battle but is losing money on the rent. Zocalo is paying an annual minimum rent of $336,698 while Shake Shack’s lease starts at $435,000 a year with escalators to $567,000. Meyer’s group will also pay a percentage of gross sales as well. And so Midtown Manhattan and GCT travelers will have to wait a little bit longer for their burgers, fries and custards.