Serge Hoyda Successful in Evicting Preserve 24; Per Se Vet Dropped from Lawsuit

Posted on: September 19th, 2014 at 5:49 am by
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Last Friday, epic failure Preserve 24 (aka Aegis Holding Houston LLC) was officially evicted from 177 East Houston by court order. It has been closed and dormant since late June, and will not reopen under new management as one sign proclaims. The papers served by landlord Serge Hoyda are now taped to the front door. This latest action is essentially the culmination of many months of behind-the-scenes legal proceedings.

When Serge Hoyda initially filed the lawsuit in August, Anthony Rudolf was listed alongside Aegis as one of the defendants. The landlord alleged that the Per Se veteran (former general manager) had purchased the beleaguered Preserve 24 assets after its demise on June 27, and was planning to renovate the space.

That was apparently a misunderstanding. Hoyda discontinued his action against Rudolf two weeks ago (September 5), at which point the latter had given a deposition. In perusing this affidavit, we learn a great deal about the final hours of Preserve 24. Apparently he was hired as consultant by Auriga Capital Management to advise on the situation and help with the cleanup process. “From seeing the Preserve 24 space in detail on June 27-30, I became interested in potentially opening a business there,” he is recorded as saying. “I believed I had developed goodwill with Aegis from the cleanup. My hope in contacting the landlord by email was to leverage that goodwill and open up discussions with the landlord about terms on which I could bring a new business to the Preserve 24 space.”

No further discussions on the matter have transpired since mid-August, and Rudolf claims no ownership or interest in Aegis or any potential suitors.

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So, here we go, an enormous space for another epic failure. As one commenter pointed out recently, a new trend is seemingly afoot on the Lower East Side:

Greedy landlords doing everything possible to boot a failing tenant (or someone interested in buying the failing tenant’s assets) so that he, the landlord whom has already been gifted with a huge capital improvement to their building can they collect “key money” from a new tenant of the landlord’s choosing. Note that most time the new tenant will be another failure because the landlord is more interested in the amount of key money to be paid than the reliability of the new tenant. It’s a vicious circle mostly the fault of the greedy landlord.

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