Subway 11381
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| Subway #11381-0 | |
|---|---|
 | |
| Store number | 11381-0 |
| Address | 765 8th Avenue |
| City | New York City, New York |
| Country | United States |
| Closed | 2017 |
| Coordinates | 40°45′37″N 73°59′16″W / 40.76034°N 73.98780°WCoordinates: 40°45′37″N 73°59′16″W / 40.76034°N 73.98780°W |
Subway #11381-0 was a Subway restaurant located at 765 8th Avenue, New York City, New York.[1] Metro 765, Inc. leased the ground floor space of the building, underneath the New York Inn hotel, on August 21, 2014.[2] Himanshu V. Patel, on behalf of Metro 765, entered a franchise agreement with Subway on September 5, 2014,[3] reopening a Subway restaurant that had previously existed at the same location.[4] 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.[2] 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 arbitration 
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.[3]
References[edit | edit source]
- ↑ "Subway locations in New York, NY", p. 10, city-data.com, retrieved September 16, 2020.
- ↑ 2.0 2.1 Metro 765, Inc., v. Eighth Avenue Sky, LLC, and AC Hospitality, Inc., New York County Supreme Court, May 2, 2017, via casetext.com.
- ↑ 3.0 3.1 Doctor's Associates, Inc., v. Patel, United States District Court for the Southern District of New York, July 18, 2019, via casemine.com.
- ↑ 762 8th Ave, New York, Google Street View, see historical imagery dated May 2009, June 2011, and August 2013.