EAST VILLAGE — A judge has temporarily stopped the eviction of a longtime neighborhood diner, which was accused of illegally siphoning gas not long after a massive gas explosion ripped through three buildings across the street earlier this year.
In an order issued on Oct. 15, Judge Nancy M. Bannon barred the landlord, 128 Second Realty LLC, from evicting the Stage Restaurant based on gas-tampering charges, pending the outcome of a lawsuit the eatery filed earlier this year.
In addition to preventing an eviction based on the gas-siphoning claims, Bannon also ordered Stage to make “timely and full payments of all rent and additional charges as required by the lease,” according to court documents.
The parties were also ordered to appear for a preliminary conference on Jan. 28 next year.
The beloved restaurant — frequented by locals and stars like Helen Mirren — has been shuttered since a gas leak was discovered in the building, days after the Second Avenue gas explosion.
In mid-April, the landlord issued an eviction notice, claiming the eatery “illegally and dangerously altered the piping and gas lines inside the building.”
However, the restaurant’s owner, Roman Diakun, disputed the landlord’s claims and fought back with a lawsuit weeks later, calling its charges “completely bogus.”
“It’s a nice victory for Stage but the case is not over, unfortunately,” said Diakun’s attorney Ross Kordas about the court’s most recent decision. “We hope that we can resolve it and be open soon.”
The landlord, however, remains convinced the restaurant worked on the gas lines illegally, putting the building’s tenants at risk, said representative Chris Coffey.
“We are confident that the right thing will happen and they will vacate that space,” he said.
Both men said Stage was not legally prohibited from reopening but Kordas noted that gas service had not been restored to the building, making it difficult for Diakun to run the business.
The landlord — who has also been taken to court by the building's tenants — has submitted documentation to begin the connection process, a Con Ed spokesman said, although it will still have to coordinate final inspections.
