NYPD Commissioner’s Brother Demolishes Illegal Bronx Dining Platform Under Judge’s Threat

As the moment neared to face a judge’s wrath after weeks of stalling on a court order to remove an illegally constructed outdoor dining area at his Bronx restaurant, the brother of Police Commissioner Edward Caban jumped into action.

Late last week, Richard Caban backed down and demolished the vast platform at Con Sofrito, on the eve of a contempt-of-court hearing.

In February, Caban had promised to remove the 161-seat enclosed structure by March 1 under a settlement approved by a civil court judge after the city buildings and fire departments had cited it for unsafe conditions and his landlord had filed suit to evict the restaurant from the premises.

But Caban took down only the roof and walls and kept a sprawling platform in place, covering it with tables and chairs and continuing to use it for weeks past the court-imposed deadline as a dining venue, according to his landlord.

“There’s a serious question as to whether your client has violated the injunction,” Bronx Supreme Court Justice Marissa Soto said to Caban’s lawyer during a heated May 22 hearing . “I don’t believe anything you are saying right now is going to validate their clear violation of this court’s order.”

Soto then set a contempt-of-court hearing for this past Monday. That afternoon, THE CITY observed stacks of lumber piled up in the parking lots next to the restaurant.

Con Sofrito is popular with New York politicians, including Mayor Eric Adams, who celebrated his 63rd birthday there . Commissioner Caban has been a regular visitor . The restaurant and bar is associated with Jimmy Rodriguez , former owner of the once notorious hotspot Jimmy’s Bronx Cafe, who lists himself as Con Sofrito’s “creator/manager” and posts on Instagram as jimmy_consofrito.

Last year Con Sofrito ran into regulatory trouble when the fire department issued several safety violations there, including a citation for its lack of a fire suppression system, and the Department of Buildings declared Caban’s corporation, 1315 Commerce Restaurant Group Corp., had built the outdoor dining structure without a required permit.

His landlord filed suit to evict him, and in November Justice Soto issued a temporary restraining order barring Caban from using the outdoor space until the eviction proceeding was resolved. In January, the landlord alleged that Caban was again throwing parties inside the 50-by-100-foot structure in violation of the court’s order.

Both sides reached a settlement in February, with Caban agreeing to remove the structure by March 1, pay a handful of fees, settle past-due water bills and vacate the premises by August 31.

March 1 came and went and the now-modified outdoor venue continued to operate, albeit as an open-air platform with a full array of tables and chairs. The landlord’s lawyer, Jamie Schreck, notified the court and the confrontation came to a head during the contentious virtual hearing on May 22.

Caban’s attorney, Gregory Bougopoulos, at first insisted the structure as described in the settlement order had been dismantled, without mentioning the platform that still held dining tables and chairs.

The landlord’s lawyer, Schreck, countered that “there’s still a part of the structure which is entirely illegal and against building code remaining and in use by the respondent.”

Bougopoulos then acknowledged the existence of the platform, but argued it was a separate structure not covered by the settlement. And he contended that Con Sofrito had instructed patrons not to use it, even though it was covered with tables and chairs.

Schreck noted, “If there are tables and chairs on it, it’s hard to believe it’s not being used.”

Soto rejected Bougopoulos’ claim that if patrons were not using it the court order had not been violated.

“The court sees things differently,” the judge said. “If it’s being used at all, it’s in violation of the injunction.”

When the judge asked Schreck how he intended to proceed, he suggested sanctions — which could include financial penalties — would be necessary to make Caban obey the court.

“It’s frustrating, your Honor. Because frankly the respondent simply does whatever they want,” he responded. “They are just flaunting everything, doing what they want, ignoring the stipulation of settlement from the civil court, ignoring this court’s order and proceeding however they feel.”

Soto agreed to consider his request for sanctions, stating, “There has to be a hearing.”

Sometime between Thursday and the Monday afternoon hearing, the platform came down. Both sides appeared in court at the designated time, but by now the matter was, more or less, moot.

“I thought this was going to be more of something than it turned out to be,” Judge Soto said, congratulating both landlord and tenant on finally reaching an amicable solution.

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