Morrison Cohen Defends Trendy Hotel and Bar in Dispute with Whole Foods

Morrison Cohen is representing a prominent Manhattan hotel and nightlife hot spot in a high-profile dispute with Whole Foods Market over alleged sidewalk congestion.

Earlier this month, Whole Foods filed suit in Manhattan Supreme Court seeking an injunction and damages. Morrison Cohen opposed Whole Foods’ request for a temporary restraining order and filed its own action, requesting that the court block the grocery chain from stopping, parking or double-parking its trucks near the hotel’s entrance.

In a letter to the judge, the firm clarified that the crowd in question is for a downstairs dance club that operates only three nights a week, and noted that Whole Foods can still make “off-hour” deliveries before 11 p.m. and after 2 a.m. The letter warned that closing the bar would cause “devastating and irreparable harm” to the hotel’s business.

“We are looking to resolve this as good neighbors,” Morrison Cohen Chair & Co-Managing Partner Y. David Scharf told the New York Post. The judge declined to issue a restraining order, giving both sides time to work toward a resolution.

The story has received widespread media coverage, including in the New York Post and The Real Deal.

The Morrison Cohen team includes Y. David Scharf, Partner Hon. David B. Saxe (Ret.) and Counsel Joaquin Ezcurra.