Forever Yogurt — More Like Never Yogurt

August 3, 2014 

Redacted Associates v. Forever Yogurt 
Forever Yogurt, a chain of approximately thirty yogurt stores based out of Chicago, rented a retail store space in Brooklyn one block from Barclays Center.  At the end of the free rent period, Forever Yogurt did not commence paying rent.   In fact, they never built out the store and they never even opened!  Thus, “Forever Yogurt” was more like “Never Yogurt”.  Itkowitz PLLC, representing the landlord, served a rent demand on Forever Yogurt, and then commenced a summary non-payment proceeding.  The court awarded landlord a judgment of possession against Forever Yogurt and we evicted it.  Not content to let all that rent remain unpaid by a large chain store, Itkowitz PLLC brought an action against the tenant and guarantor in Federal Court, based on diversity jurisdiction.  After filing the complaint, Forever Yogurt came to the table and settled the matter.