The operator of a New Rochelle gas station has sued the landlord for more than $750,000 for allegedly failing to maintain a property that the city has condemned.
Echo Service Station Inc. and operator Vishal “Sonny” Kumar accused West Plains Service Inc. of negligence, in a complaint filed on Nov. 5 in Westchester Supreme Court.
“Despite repeated requests,” the complaint states, the landlord “failed to address significant maintenance issues, including structural integrity of the property leading to significant safety hazards.”
The gas station is on Echo Avenue and next to the Beacon Hall Co-op on Main Street. The gas station and a parking lot are at street level but are actually built on the roof of a warehouse that has an entrance in an industrial area behind the property.
West Plains Service Inc. is based at 70 Church St., New Rochelle, the site of Master’s Hand Christian Fellowship Church.
In 2013, Kumar leased the Echo Street rooftop for 20 years. He claims that the lease requires West Plains Service to keep the property safe and in compliance with local laws.
According to an undated letter included with the lawsuit exhibits, West Plains Service had advised Kumar that the “steel supporting structure has been compromised and repair work will take place in the future.” The complaint does not say if the repairs were ever made.
On May 5, 2023, the city condemned the property for health and safety violations. Kumar had to stop operations and get out.
Then Westchester County ordered him to appear at hearings to determine whether the gas station complies with petroleum storage regulations.
The county directed Kumar to fix the problems. He says in the complaint that the maintenance issues are the landlord’s responsibility and that New Rochelle won’t let anyone enter the condemned property to make repairs.
Kumar claims that he has incurred significant financial losses: $250,000 for the value of the business; $100,000 in profits so far and as much as $500,000 by the time the lease ends in 2033; and a $7,500 security deposit. If he is found in violation of the county’s petroleum storage regulations, he could be fined up to $37,500 a day.
Kumar is demanding $757,500 for breach of contract, negligence, and failure to return the security deposit. He is asking the court to make West Plains Service cover any fines imposed by Westchester County.
Kumar and Echo Service Station are represented by Mount Kisco attorney Vincent P. Nesci.
