Subway 11381

Subway #11381-0 was a Subway restaurant located at 765 8th Avenue, New York City, New York. Metro 765, Inc. leased the ground floor space of the building, underneath the New York Inn hotel, on August 21, 2014. Himanshu V. Patel, on behalf of Metro 765, entered a franchise agreement with Subway on September 5, 2014, reopening a Subway restaurant that had previously existed at the same location. The restaurant's business was negatively affected by water leakage through the ceiling, which was found in December 2016 to be coming from "several open flues" on the roof which were capped. Eighth Avenue Sky, LLC, the owners of the building, claimed that the capping of the flues stopped the leak issues, but Metro 765 claimed that the leakage continued after the caps were installed. In March 2017, Subway informed Patel that the restaurant was breaching the franchise agreement, and that it would revoke the restaurant's license unless the issues were resolved in 60 days. Subway began an case against Metro 765 in July of that year, and won the case in December. Patel continued to operate an independent restaurant at the location, but failed to take down the Subway signage and branding until March 2018. Subway sued Patel for trademark infringement, who was forced to pay $21,750 in damages to the company.