The management of Dynamic Athletics Gym says it’s been ordered by its landlord to close in a dispute over noise that, according to the gym’s owner, was complicated by a stray legal summons.
Image from the Dynamics Gym on Facebook
Inside the Dynamic Athletics gym in Goodwives Shopping Center
In a news release sent out by the four-year-old gym late on Thursday afternoon, it announced that Urstadt Biddle Properties, the owner of the shopping center, had convinced a state judge to allow the landlord to order that business close operations at the shopping center on Friday, March 31.
Dynamic Athletics didn’t dispute the matter in court because a summons announcing the lawsuit had been sent to the former home address of the gym’s owner, Bill Gallagher, instead of to the business address itself, “where all previous correspondence from UB has been delivered from the beginning of the lease,” according to the news release.
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“Because there was no knowledge of this lawsuit being filed to the old address, the court ruled in UB’s favor and ordered Dynamic Athletics to cease operations on March 31, 2017,” the news release said.
The dispute with the landlord started with noise complaints from Andrew Stefanou Salon & Spa, also located next door in the shopping center, according to the news release.
“Despite operating in accordance with their lease, Dynamic Athletics tried to minimize noise during salon hours to appease them and have cooperated in taking measures to insulate the bordering walls between them and the salon,” the gym’s news release said.
The news release went on to say that attempts to get the case reopened in court have failed:
Dynamic Athletics has since filed multiple appeals to have the opportunity to be heard in court as they are confident that they have operated well within the rights of their lease. All appeals and pleads to be heard have since been denied by the court. As a result, the small business, owned by 29-year old Bill Gallagher, is being forced to suddenly cease operations without having the opportunity to be heard in court.
“It’s unfortunate because I’m a small business owner who has worked to grow my business over the past four years and my livelihood is being taken away from me,” said the 29-year-old Gallagher in the announcement. “All I’m asking for is a chance to be heard in court.”
The Announcement
Here’s the the news release:
Dynamic Athletics, a local Darien gym that has been a staple in the community for four years, has been ordered to suddenly cease operations by Urstadt Biddle Darien (UB) on March 31, 2017.
Three notices of the lawsuit were sent to Dynamic Athletics, however the only one that required a response was sent to an old home address of owner, Bill Gallagher, instead of the business address where all previous correspondence from UB has been delivered from the beginning of the lease.
Because there was no knowledge of this lawsuit being filed to the old address, the court ruled in UB’s favor and ordered Dynamic Athletics to cease operations on March 31, 2017.
Dynamic Athletics has since filed multiple appeals to have the opportunity to be heard in court as they are confident that they have operated well within the rights of their lease.
All appeals and pleads to be heard have since been denied by the court. As a result, the small business, owned by 29-year old Bill Gallagher, is being forced to suddenly cease operations without having the opportunity to be heard in court.
“It’s unfortunate because I’m a small business owner who has worked to grow my business over the past four years and my livelihood is being taken away from me,” says Bill Gallagher, owner of Dynamic Athletics. “All I’m asking for is a chance to be heard in court.”
The eviction notice was served earlier this week as a result of a long-standing disagreement between UB and Dynamic Athletics. The lawsuit arose after Andrew Stefanou Salon & Spa, which neighbors Dynamic Athletics, put in multiple complaints to UB about noise disturbances from Dynamic Athletics’ normal operations.
Despite operating in accordance with their lease, Dynamic Athletics tried to minimize noise during salon hours to appease them and have cooperated in taking measures to insulate the bordering walls between them and the salon. […]
“If we lose Dynamic Athletics, we’re losing so much more than just a gym,” says a concerned member of Dynamic Athletics. “It’s a community where people become the best version of themselves and do things they never thought possible of themselves. It’s where families bond and lifelong friendships are made and to lose it would have a huge impact in the community.”
ABOUT DYNAMIC ATHLETICS
Dynamic Athletics is an elite training facility located in the Goodwives Shopping Center at 25 Old Kings Highway North in Darien. A new take on the traditional gym, Dynamic Athletics offers an array of workout options designed to challenge, inspire and raise clients’ fitness levels beyond expectations.
Dynamic offers personal training, group CrossFit classes, group rowing classes, speed and agility-focused workouts, and sports team training. For more information, please visit dynathletics.com.