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CBGB Owner Continues To Fight Eviction

October 3, 2005

MTV.com reports: Lawyers for CBGB and the New York punk club's landlord were back in New York City Civil Court Monday morning (October 3) to file another round of motions in what's shaping up to be a rather drawn-out legal battle. CBGB owner Hilly Kristal was served with an eviction notice at the beginning of last month, but hasn't budged — he continues not only to operate the hub of punk without a valid lease, but book more acts to perform there. The club's eviction has been stalled in court, and it appears Kristal won't be going anywhere for at least another month; both parties will return to court on November 7 for another hearing. But there were some developments Monday morning. The landlord's attorney filed a motion to withdraw "holdover" or eviction proceedings; instead, the landlord would like to bring an action of ejectment — a method by which a landlord can obtain possession of a property — in New York's Supreme Court. Kristal's attorney, Steven Sperber, moved to dismiss the holdover proceeding altogether, on the basis of a number of causes, including the fact that the building is not registered with the city as habitable space. Sperber also plans to respond to the landlord's petition to move the matter to the Supreme Court, but refused to discuss his strategy.

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