BALLSTON SPA – A Halfmoon drive-in restaurant is suing a Troy awning company alleging damage from repairs to commercial umbrellas at their outdoor seating hurt business during the pandemic.
Halfmoon Ice Cream Inc, which does business as Country Drive-In, filed suit in Saratoga County this week against Troy-based 4th Generation Awning Co.
The ice cream shop is seeking repairs to the damage it says was caused by 4th Generation, as well as payment for business it says it lost without having the umbrellas during its crucial warm season for its outdoor seating during the pandemic.
An attorney for Halfmoon Ice Cream declined to comment Wednesday. A woman who answered the phone at 4th Generation also declined to comment and a message left was not returned.
According to the lawsuit, Country Drive-In, on Crescent Vischer Ferry Road, contracted with 4th Generation for $5,000 to clean and service three commercial umbrellas for $5,000. The work also included painting the umbrella frames.
Outdoor seating at the restaurant includes groupings of picnic tables that are usually covered by the three, 25-foot commercial outdoor umbrellas, the suit reads.
The suit notes the difficult 2020 the restaurant industry had and that the drive-in anticipated increased business through the 2021 season.
But then the suit alleges that the company, when painting the frames, got gray paint elsewhere at the site, including on picnic tables and the parking lot, causing damage in excess of $1,000.
As the drive-in called about the paint issue, they were then informed that 4th Generation had caused the umbrellas to rip and tear, damaging them beyond repair, the suit reads.
Total replacement costs for the three commercial umbrellas came to more than $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 the restaurant since early May 2021, Country Drive-In’s business during the late spring and summer has suffered, and will continue to suffer in the future during the fall,” the suit reads.
The total damages claimed are in excess of $25,000.
The drive-in claims include negligence and breach of contract.