Zinburger Wine & Burger Bar Sues Garden State Plaza

PARAMUS, NJ – Zinburger Wine & Burger Bar has sued Westfield Garden State Plaza, claiming the mall is responsible for the restaurant's decline in business.

In a lawsuit filed Monday, restaurant owners Zinburger Paramus, LLC say the 7-year-old location was profitable until about 2018, but is now losing money and they’re worried further losses will force them to shut the doors.

The restaurant's sales have declined 20% after Garden State Plaza shuttered J.C. Penney, relocated other retailers and launched a project to transform several acres of the mall's parking lots into a mixed-use town center, according to the complaint.

In a lawsuit filed in Bergen County Superior Court, Zinburger accuses the mall of breaching its lease with the restaurant and creating a nuisance that caused the restaurant to fail before its lease expires in 2028.

Prior to Zinburger's May 2012 opening, its owners signed a 16-year-lease for the spot, which, at the time, was a busy section of the mall near several major stores, an outside entrance and designated parking for restaurant patrons, court documents said.

There's now less foot traffic by the restaurant due to retailers closing or relocating to different areas of the mall, Zinburger claims. Restaurant owners also claim the mall has relocated other smaller tenants but has refused to move Zinburger “because of the cost of this relocation,” according to the lawsuit.

Zinburger said it has also lost parking spaces due to the mall's new project to transform several acres of parking lots into a mixed-used town center by 2022. The restaurant claims the mall didn't consult with them about the project beforehand.

Under the plan, the west parking lot adjacent to the mall will house residential development, commercial offices and public parks. It will also include an upscale hotel and apartments, office space, grocery store and fitness amenities.

Zinburger said it has been unable to repay loans and cover other business-related expenses and is seeking compensation for damages already done, as well as if it has to close its doors.

A spokesperson for the mall could not be immediately reached Wednesday afternoon.