BALLSTON SPA — A Halfmoon Drive-in restaurant is suing a Troy awning company, alleging damages from repairing commercial umbrellas at its outdoor seating business during the pandemic.
Halfmoon Ice Cream Inc., which does business as Country Drive-In, filed a lawsuit this week in Saratoga County against the Troy-based fourth-generation awning company.
The ice cream shop is seeking repairs for damages caused by 4th Generation, as well as payment for the business it says it lost without umbrellas during its critical hot weather for its outdoor seating during the pandemic.
A lawyer for Halfmoon Ice Cream declined to comment on Wednesday. A woman answering the phone in the fourth generation also declined to comment and a message was not left.
According to the lawsuit, Country Drive-In, on Crescent Wisher Ferry Road, was contracted with 4th Generation to clean and service three commercial umbrellas for $5,000. The work also included painting the frame of the umbrella.
Outdoor seating at the restaurant includes groups of picnic tables that are usually covered by three, 25-foot commercial outdoor umbrellas, the suit reads.
The suit is tough for the restaurant industry in 2020 and the drive-in anticipated business growth through the 2021 season.
But then the suit alleges that the company, while painting the frame, found gray paint elsewhere on the site, including the picnic table and parking lot, causing more than $1,000 in damages.
As the drive-in said about the paint issue, they were then informed that the fourth generation had ripped and torn umbrellas, damaging them beyond repair, the suit reads.
The total replacement cost for the three commercial umbrellas exceeded $34,000, the suit reads.
The lack of umbrellas affected revenue overall, the suit alleges.
“As a result of a lack of umbrellas for outdoor seating at restaurants since early May 2021, Country Drive-In’s business has suffered during the late spring and summer, and will continue to suffer in the future during the fall,” the suit reads. Is .
The total loss claimed exceeds $25,000.
Drive-in claims include negligence and breach of contract.
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