5/13/09 11:53AM | 3310 views | 14 comments
Basically British rent dispute goes to court
Avtech attempts to evict Basically British Tea Room
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What started as an amicable business relationship between Basically British Tea Room owner Fab Goldberg and her landlord Avtech President Michael Sigourney has quickly soured in the last weeks after Mr. Sigourney told Ms. Goldberg to leave the Cutler Mills premises – citing extensive unpaid rent and utilities bills as the reason.

According to Mr. Sigourney, Ms. Goldberg owes him at least $25,000 in rent and utilities expenses. He told her that if she left Cutler Mills immediately, her outstanding debt would be forgiven.

“If you don’t live up to the lease, you have to go. It’s that simple,” said Mr. Sigourney.

Instead of taking his offer, she has contested the eviction. According to Ms. Golderg, she does not owe Mr. Sigourney as much money as he claims. In fact, she claims he owes her money for merchandise. She said she has the receipts and cancelled checks to prove it.

To settle the disagreement, the matter was further discussed in Providence’s Sixth Division District Court during a Monday, May 11, hearing extending into Tuesday, May 12.

On Monday, Associate Judge Raphael A. Ovalles continued the hearing after lawyers took over two hours presenting their cases and searching through documents to find payment records. Then on Tuesday, a final resolution was still not met after the judge met with lawyers behind closed courtroom doors for over two hours. Ms. Golderg and Mr. Sigourney are both scheduled to be in court on Thursday.

During the public Monday hearing, Ms. Goldberg’s lawyer, Alden Harrington, told the judge there was some legal murkiness regarding the payments since Ms. Goldberg sold interior furnishing like French doors and lamps to Mr. Sigourney for his business. Also, he said an odor similar to oil was seeping into the tea room, making the question of whether rent should be paid or not debatable.

Mr. Sigourney said he was not alerted of the oil smell until the night of Saturday, May 9, via fax.

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“There was no indication, no notice of a problem. There was no need for an inspection, nor did the tenant say anything up ‘til two days ago,” said Mr. Sigourney.

His lawyer, John Dineen, said the claim was irrelevant to the eviction hearing since potential stipulations associated with the alleged oil smell do not apply to a commercial lease.

Some of Ms. Goldberg’s employees – whom she referred to as “family” – held hands as the proceeding occurred. Anne Sigourney, Mr. Sigourney’s wife and Avtech’s accountant, shook her head and furrowed her mouth during periods of questioning.

The backstory

Avtech signed a purchase and sales agreement in December of last year and has been overseeing construction in the mills. Mr. Sigourney moved his company to Warren from Newport because he needed a larger space for his software company.

Ms. Goldberg was initially hired as an interior decorator for the company. While Mr. Sigourney was searching for a new space for his company, she informed him that the Cutler Mills property was available to purchase from former owner Dave Wescott. She also operates a store that sells antiques next to the tea shop.

Mr. Sigourney expressed lament over Ms. Goldberg’s situation, however, he said her debt was costing Avtech too much money to allow her to operate.

“I think it’s very sad. It’s a beautiful location, excellent chef, a lot of people enjoy going there. But if the business model is not working, I can’t pay to keep her open,” said Mr. Sigourney.

Ms. Goldberg refrained to comment until a resolution was reached in court. She is currently operating her business as usual.

Speak out: Your comments and opinions
14 comments on this item

GOOD TAKE YOUR BRITISH FLAG WITH YOU!!! THIS IS AMERICA!

5/14/09, 05:56 PM

My take is Mr. Sigourney wants the restaurant. If he wants it so bad he should ask to buy it. There is no way that anyone's rent in Warren, including utilities, could amount to $25,000.00 in four months. Word on the street he's already lined up chef to take it over and that he's trying to bully Ms. Goldberg into turning it over to him. Shame on him.

5/14/09, 07:09 PM

Rather than make ridiculous comments, perhaps you need to remember that this IS America, where normal citizens embrace diversity and celebrate the entrepreneurial spirit. This is what makes America great.

5/14/09, 08:00 PM

Bully on, Mr. Sigourney. I won't step foot into a Basically British without Ms. Goldberg in the kitchen. Hopefully you plan to change the name, too. How about Just Another Lackluster Restaurant. Or maybe No Imagination. Shame on him, is right!

5/14/09, 08:11 PM

Why isn't Fab flapping her gums about this to the press? Why is she withholding the rent? Does Mr. Sigourney owe her money and for what services?

I agree, $25,000 seems very very high for Warren..what's the rest of the story?

5/14/09, 08:28 PM

It's a shame that another deadbeat tennant manages to fight for everything but her right and obligation to pay her rent. No rent money no rental property. Nice lady...... but nice doesn't pay the rent nor National Grid. It's very easy to run up high electric and natural gas bills in the restaurant business where the equipment is running continuously. I'm willing to bet that a court ruling comes down against her and she'll be forced out.

5/15/09, 11:15 AM

gallen122 says:

"Rather than make ridiculous comments, perhaps you need to remember that this IS America, where normal citizens embrace diversity and celebrate the entrepreneurial spirit. This is what makes America great."

> What in the name of logic and common sense does your remark above have to do with the article? You sound like a politician who has been asked as question about tea and you respond to the tea question by talking about concrete slabs used on highways! Do you suffer from ADDS?

5/15/09, 11:26 AM

I would suggest that Ms. Goldberg refresh herself with the US Constitution. It would appear that she seems to believe there is a 'Right To Freeload' provision contained therein. Not, Ms. Goldberg, will you even find that proviso in the Rhode Island's Constitution!

5/15/09, 02:06 PM

Give the lady a break - she has great food and Fab and all of her workers work their a**es off. This is definitely an establishment that should stay in Warren so I wish her luck in her case and hope that she wins.

5/15/09, 04:46 PM

Bully on, Mr. Sigourney. I won't step foot into a Basically British without Ms. Goldberg in the kitchen. Hopefully you plan to change the name, too. How about Just Another Lackluster Restaurant. Or maybe No Imagination. Shame on him, is right! My take is Mr. Sigourney wants the restaurant. If he wants it so bad he should ask to buy it. There is no way that anyone's rent in Warren, including utilities, could amount to $25,000.00 in four months. Word on the street he's already lined up chef to take it over and that he's trying to bully Ms. Goldberg into turning it over to him. Shame on him.

No one has worked harder than Fab, she's made Basically British the most unique restaurant with an incredible astmosphere and incredible food that I have ever had the pleasure of enjoying. What a LOSS it would be for so many who get to enjoy all of this. Ms. Goldberg has worked so hard as so have her workers, she has GIVEN this to us to enjoy. NO ONE has the right to take someone elses hard work away from them and put thier name on it. She's earned this restaurant. And yes, something does not add up. $25,000. ??

5/15/09, 05:40 PM

As a newcomer to the RI area and a businessowner in Providence, I discovered Basically British right away and found a warm, cozy haven during the winter months. I enjoyed "BB's" and the Fab Family (as numerous people affectionately call it) and still make the trip to Warren as often as possible, it is such a pleasant place. I hope Fab gets to keep her much loved business and I wish her luck.

I think posting comments without knowing the full story is a dangerous and unfair practice, and as one person mentioned "This is America" and that phrase has nothing to do with this particular tea party debacle.

The result should be simplicity itself, receipts and contracts. The judge should be impartial and read and render a judgement, that is how American justice is suppose to work.

5/15/09, 07:25 PM

The amount owed to Mr. Sigourney does not include any money owed to the previous owner (yours truly). I sought and was granted a financial judgment against the tearoom for all amounts due to me prior to selling the property.

5/17/09, 12:39 PM

TO JUSTANOPINION:

In these hard times, a lot of people cannot pay their rent or mortgage on time due to circumstances beyond their control. I do know Fab and she works as hard as any single parent who is trying to raise a family and run a business.

I imagine that Fab will tell her side of the story once all court hearings are over and the issues are settled. She will "blab" when all the facts are in, as is proper. Apparently Mr. Sigourney couldn't wait to tell Warren about evicting Basically British - what a guy!

So we shouldn't jump to conclusions about why Fab is being quiet. Would you be so quick to put your personal finances on the front page of the Warren Times? Maybe guessing the details of this story is not a great idea - facts are always best.

5/18/09, 07:18 PM

bettylee

guess you must have been out of town for the series of articles that ran about Three Rivers and their various troubles. Hope you had a nice trip!

5/19/09, 01:51 PM
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