Shake Shack Sues To Keep Its Fulton Street Sidewalk Seating

DOWNTOWN BROOKLYN, NY — Shack Shack sued their landlord to keep their customers sitting on the sidewalk.

The popular-burger chain took to the courts after their landlord, Allied Property LLC, told them they would start to remove the glass-enclosed sidewalk seating in front of their 409 Fulton St. spot this month, the New York Post first reported.

"The sidewalk café truly sets Shake Shack apart from the many other restaurants in the area," the company's lawyers wrote in the suit filed last week in Brooklyn Supreme Court.

"The sidewalk café plays a major role in advertising and promoting the restaurant, a benefit which cannot be simply measured in dollars."

Allie Property could not be reached for comment.

The issued started in February 2017, when "due to a clerical error" Shake Shake forgot to mail in the fee to keep their permit going for 2018, according to the suit.

The company eventually paid the money, but their 2015 permit with the city lapsed in the meantime forcing them to file another one. When they asked their landlord for an updated consent form in September to keep the seating, Allied Property revoked the access with "no explanation," the suit claims.

Allied Property said they would start to remove the sidewalk seating on Jan. 2 but Shake Shack filed a suit on Jan. 9 because it "will cause irreparable injury" if they lose it.

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