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Rochester Zoom Tan alleges landlord breached lease with pay parking lot
Zoom Tan alleges that its landlord, Park and Berkeley LLC, breached terms of the lease when it implemented a pay-to-park system in the adjacent parking lot. (Photo by Kevin Oklobzija)
Zoom Tan alleges that its landlord, Park and Berkeley LLC, breached terms of the lease when it implemented a pay-to-park system in the adjacent parking lot. (Photo by Kevin Oklobzija)
Rochester Zoom Tan alleges landlord breached lease with pay parking lot
Zoom Tan on Park Avenue contends its landlord has violated lease terms by implementing a pay-to-park system on the adjacent parking, thereby causing “significant harm” to the business.
Zoom Tan, located at 626 Park Ave., alleges in a civil complaint filed Thursday in state Supreme Court in Monroe County that Park and Berkeley LLC is in breach of the lease because the “wholesale change to the parking policy has interfered with plaintiff’s customers’ access to its business.”
Park and Berkeley LLC is a limited liability company controlled by Joseph Alloco. The LLC purchased the property at 620-636 Park Ave. in October of 2021 and inherited existing leases.
In the summer of 2023, the property owner eliminated free parking in the adjacent parking lot, which provides spaces to several businesses in the small retail center.
The complaint alleges that the landlord is obligated by the lease “to provide plaintiff and its customers the right to utilize the parking lot,” and is prohibited “from interfering with customer access to plaintiff’s business.”
Zoom Tan contends its business model is based on convenience and affordability. Because customers that can’t find free parking elsewhere now must pay, convenience and affordability has been negatively impacted by the $2-per-hour charge.
The result, the complaint alleges, is a decrease in revenue and “impairment of customer goodwill.” New memberships have fallen at the Park Avenue location, even though they have risen at other area locations over the same period of time, court papers say. There are six other Zoom Tan facilities in the Rochester metro area.
The complaint, filed by James P. Nonkes of Harris Beach PLLC, seeks an injunction that would eliminate parking fees during Zoom Tan hours of operations, damages to be determined at trial and legal fees.
Zoom Tan leased 1,507 square feet of space in the plaza in 2019 from the former landlord, Meran Company of Rochester LLC.
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