BALLSTON SPA — The owner of Clifton Park Center is suing Regal Cinemas for more than $1 million in rent due over the past 12 months.
Regal, which is facing similar lawsuits elsewhere in the nation, has been sidelined through most of the past year due to customer hesitancy, government-ordered shutdowns and a shortage of new films to screen amid the COVID-19 pandemic.
It plans to start reopening Friday, though the first Capital Region screens won’t reopen until April 25 under the current timetable.
CCM Associates, owner of the Clifton Park shopping center, filed the complaint Tuesday in state Supreme Court, Saratoga County.
CCM alleges that:
- Regal entered a 15-year lease for about 46,000 square feet of space at Clifton Park Center in 2011.
- The lease calls for a base minimum rent payment plus a percentage of gross sales plus reimbursement of expenses incurred by CCM for maintenance, taxes and insurance.
- On Oct. 26, 2020, CCM served notice of default, charging Regal had not paid rent for the months of April through October 2020 in the amount of $613,650.
- Regal has not made good on the default; as of the end of March, outstanding balance for rent and late fees is $1.06 million.
- The lease has not been terminated and has not expired, therefore Regal has breached it.
CCM seeks payment of the $1.06 million and any additional rent and late fees that accrue, plus attorneys fees and other costs of filing the lawsuit.
Tennessee-based Regal, the second-largest theater operator in the United States after AMC, could not be reached for comment.
On its website, Regal indicates it will start reopening some of its 500-plus movie theaters nationwide on Friday and continue through May 21.
It indicates that the theaters in Crossgates Mall in Guilderland and Colonie Center will reopen April 25, while the theaters in Clifton Park Center and Aviation Mall in Queensbury will reopen May 14.