Zinburger sues Garden State Plaza, claiming it made its side of the mall a 'ghost town'

Rebecca King | NorthJersey

Show Caption Hide Caption Big Santa brings a big crowd to Garden State Plaza Big Santa lighting at Garden State Plaza brings a big crowd, hula hoops, stilt walkers, Paramus Mayor and a regular sized Santa Claus.

Zinburger has filed a lawsuit against Westfield Garden State Plaza, claiming the mall has taken steps to deter business from the restaurant.

Zinburger, a restaurant that serves burgers, shakes and alcoholic drinks, signed a lease with Garden State Plaza in 2012. At the time, the space was in a busy part of the mall, near major retailers.

According to the complaint, Zinburger Paramus LLC, a Nevada company that works mainly out of Livingston, signed the lease because the space was in a popular location, near escalators that would bring a flow of customers to the restaurant. There was also an entrance near the restaurant from the parking lot, with parking available for diners at Zinburger.

Throughout 2017 and 2018, many of the surrounding stores were vacated, including a nearby JCPenney.

"My client has described it as a 'ghost town.' No restaurant wants to be in a ghost town," said Philip Rosenbach, the attorney for Zinburger. "The location has essentially been taken and the parking has been taken. We want the mall to succeed, but our business has suffered."

A spokesperson for Garden State Plaza declined to comment.

A portion of the parking lot near the Zinburger has been allotted for building a new development that representatives for the Plaza have said will be similar to a downtown for Paramus, with a hockey rink, housing, a park and retail stores. Zinburger says in the complaint that it was not consulted about this project.

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Sales are down more than 20% at Zinburger, making the business unprofitable, the document states. It goes on to say that Garden State Plaza has not allowed Zinburger to relocate to a more popular part of the mall because the move would be too costly.

Zinburger is seeking compensation for damages already done to the business and damages if Zinburger has to close the restaurant due to a lack of customers.

"We think the mall’s effort to improve itself is great," Rosenbach said. "We have no quarrel with that. We filed the lawsuit because we have been a very good tenant and they’re expanding at our expense."

Rebecca King is a food writer for NorthJersey.com. For more on where to dine and drink, please subscribe today and sign up for our North Jersey Eats newsletter.

Email: kingr@northjersey.com Twitter: @rebeccakingnj Instagram: @northjerseyeats

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