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10 ¦ DECEMBER 21, 2020 NEWS

¦ From EQUITABLE on PAGE 9 Romney said. The landlord refused though, Rom-
defendant has to demonstrate that its failure to pay ney said.
wasn’t “willful or grossly negligent.” That, Romney “The landlord then said no to reinstate the lease.
said, means there must be a good faith intent to That ‘no’ was flat-out. This landlord wanted the
comply with the lease. tenant out even when they were later able to pay,”
In a Dec. 7 ruling, Judge Walter Spader Jr. of the Romney said, without elaborating on why that was.
Bridgeport Superior Court wrote that the lack of The judge, though, saw otherwise and ruled that
payment on the lease was “not willful, but a prod- the tenant restaurant—which had been in business
uct of external factors beyond (the owner’s) control, for 10 years—could stay as long as it abided with the
including a government shutdown limiting (the lease, which has another 10 years on it. The tenant
owner’s) ability to generate rental funds.” ended up making back payments on its rent to the
Spader also noted restaurant president Chen Yue present Dec. 10, three days after the judge’s ruling.
Hua talking about the impact of her business. Noting that more than 600 Connecticut restau-
“She explained that politicians at the time refer- rants have closed their doors since March, Spader
ring to the pandemic as the “Chinavirus” had a wrote: “If the court can attempt to limit this crisis by
devastating impact on Asian-cuisine dining estab- one business, it is going to try.”
lishments, including the defendant’s restaurant. The Representing Dawid Investments LLC is attorney
court finds her testimony credible,” the judge said. Colin Connor of Russo & Rizio in Fairfield.
Connor said Wednesday: “We obviously disagree
with the balancing of the equities, but the ruling
‘That “no” was flat-out’
The owners of the restaurant paid their approxi- reinstated the lease, pending full payment of the ar-
mate $12,000-a-month rent in March, but had not rearage and my client is being made whole.”
paid for April through July, saying it was working on In court pleadings, the landlord asked for a judg-
getting the payments to landlord Dawid Investment ment for “immediate possession of the premises.”
LLC, said Romney, a partner with Zeisler & Zeisler Assisting Romney was his colleague, John Cesa-
in Bridgeport. Under orders of the court, Hua paid roni.
partial payments of $7,500 per month from August ¦

through November. Robert Storace covers legal trends, lawsuits and
The restaurant owners were able to obtain fed- analysis for the Connecticut Law Tribune. Follow
eral assistance for their business, and offered in him on Twitter @RobertSCTLaw or reach him at
October to pay all of their back rent to the present, 203-437-5950.

Connecticut Employment Attorneys Are
Watching This Denny’s Diner Lawsuit

By Robert Storace

Even though the potential award for a restaurant attorneys to help restaurant workers recover back
server is relatively small at about $12,000, the wages that have been denied them. This is definitely
attorneys who went to bat for Valarie Nettleton a ruling employment attorneys will be looking at,”
in her lawsuit against a Denny’s restaurant operator said Rick Hayber, of Hayber, McKenna & Dinsmore
said the judge’s ruling in her favor is a major boost in Hartford.
for Connecticut plaintiffs. Hayber continued: “Judge [Thomas] Moukawsh-
“This ruling strengthens the ability of employment er, for the first time, has adopted the Connecticut

CONNECTICUT
Law Tribune