New York City Burger King Hit With $15 Million Lawsuit Over Alleged “Open Air Drug Bazaar”

A Burger King Franchise in New York City is facing a $15 million lawsuit filed by a local resident who says the fast food giant is helping fuel an open-air drug market and causing distress among local homeowners.

The lawsuit was filed in early March with the New York Supreme Court and argues that the Burger King restaurant at 106 Fulton Street is not doing enough to combat drug dealers who are operating an "open-air drug bazaar" complete with "dangerous, illegal, outrageous and unethical activity."

The lawsuit was filed by NYC resident Kevin Kaufman. Kaufman lives in the historic Fulton Chambers condo complex located in Manhattan's Financial District, just steps away from the Burger King location. He shares that "The operation of the drug dealers at this Burger King attracts drug addicts, drunks, and emotionally disturbed people who have been terrorizing the neighborhood for months," adding that it has created a “crisis” in the neighborhood, jeopardizing the safety and wellbeing of the residents.

His lawsuit maintains that residents in his complex are afraid to leave their building during evening and nighttime hours due to the individuals who come to the restaurant location with the alleged intent to sell or do drugs. The illegal activity has also negatively impacted the cost of home prices, argues the lawsuit.

The restaurant’s franchise owner, Lalmir Sultanzada, has come to the defense of his restaurant, arguing that there is little he can do to combat the alleged drug use. Sultanzada shared with the New York Post, "They're hanging around, they throw everything inside the stores. A couple of times they hit one of my managers."

Sultanzada goes on to say that it is "up to the police. I'm not selling drugs," he explains. "If I'm going to close the store, who's going to be responsible for my loss?" The franchise owner maintained that it is up to the government and police department to handle the situation. “Talk with the governor," Sultanzada said. "They have to find a solution for those bums, not me."

The police for their part acknowledge that the Fulton Street neighborhood is “in crisis.” NYPD says the area is a “constant focus” for the 1st Precinct and that it has made “600 directed patrols and community visits” to the area and 143,911 calls to the building where the restaurant is located since January of 2023.

In his six-page complaint filed with the New York County Supreme Court on March 5, Kaufman asks the court for $5 million in compensatory damages and $10 million in punitive damages each on two separate causes of action – private nuisance and intentional infliction of emotional distress – claiming he has suffered "extreme emotional distress" from the alleged drug dealing and illegal activities. He is also asking the court to grant a preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → to keep Burger King from allowing such behavior now and in the future.

A spokesperson for Burger King shared with Business Insider they were aware of the lawsuit. Their statement explained in part, "While we do not comment on active litigation, we are in touch with the Franchisee of this location to determine the best course of action to address this situation with the support of local law enforcement."