Lebewohl et al v. Heart Attack Grill LLC et al

Filing 68

COUNTER STATEMENT TO Document filed by Jack Lebewohl, Jeremy Lebewohl, Uncle Abies Deli Inc., Uncle Abies Deli Sandwich Trademarks LLC, Uncle Abies Deli on First, Inc.. (Attachments: # 1 Exhibit A - 5/19/04 Chowhound, # 2 Exhibit B - 7/04 Morning Calm, # 3 Exhibit C - 1/13/05 Chowhound, # 4 Exhibit D - Shadjian Depo. Tr., # 5 Exhibit E - 04/05 Deli Menu, # 6 Exhibit F - 8/10/05 Menu Invoice, # 7 Exhibit G - 1/6/06 NY Times Article, # 8 Exhibit H - 12/18/07 - Bloomberg Article, # 9 Exhibit I - Triple Bypass Sandwich Trademark App., # 10 Exhibit J - Excerpts From Basso Depo. Tr.)(Chuang, Willliam)

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Deli Delights

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Morning Calm (Korean Airlines), July 2004

Deli Delights

For a slice of New York Life, prepare . our stomach and head to the
nearest delicatessen.
By Gail Harrington
Just as a sushi bar in Tokyo or a
dim sum restaurant in Hong Kong
provides a slide of local life, the
traditional New York delicatessen
provides a taste of a culture that
you can.t experience anywhere
else in the world. Pastrami, corned
beef or brisket sandwiches piled
high, bagels filled with lox,
chopped liver, matzo ball soup,
chicken in the pot, cheese blintzes
—these and many other deli
specialties are New York traditions
that date back to the late 19th
century, when Eastern European
immigration was booming and Manhattan s Lower East Side was a microcosm with
dozens of ethnic groups.
A Russian immigrant family opened Katz s Delicatessen in 1888, bringing familiar foods
redolent with memories of the homeland to the New World s new immigrants. By the
early 20th century, waves of newcomers could choose from dozens of delis
specializing in many Old World and Jewish delicacies.
When New York s first delicatessens emerged in the pre-refrigeration era, meat was
preserved by slow pickling and smoking, and these methods are still used by authentic
delis today. Corned beef is actually beef brisket that is soaked for weeks in brine with
sugar and spices, although the commercially prepared variety is pressure injected and
cured in 36 hours. Smoking and steaming corned beef with sweat and peppery spices
results in a more flavorsome meat called pastrami, although it comes from a fattier cut
of meat next to the brisket.
If you want to do things the right—meaning the New York—way, pastrami and corned
beef should be served on rye bread with spicy mustard on the side. Don t even think of
asking for mayonnaise if you want genuine deli fare. Bustling and noisy, new York delis
have eccentricities, and table service can be abrupt, even grumpy. But deli
aficionados hold that a crotchety, impatient server barking out orders is just part of the
charm, though that would be unacceptable anywhere else. New Yorkers will argue
about where to find the tastiest pastrami or corned beef, the finest cheesecake, and
even the best pickles and mustard, but taste your way through these favorite
Manhattan delis and decide for yourself.
When Meg Ryan faked an orgasm in When Harr ̀ Met Sall , she and Billy Crystal were
dining at Katz s Delicatessen on East Houston at Ludlow Street—perhaps the beef
brisket, a house specialty, was a factor. The no-frills décor hasn t changed for
decades: walls are plastered with vintage signs and photos of famous guests,
including movie stars, athletes, and four U.S. presidents. Enter this legendary Jewish
deli through a turnstile and you ll be given a ticket that is coded when you order your
food. But don t lose the ticket after you pay because they won t let you leave the
restaurant without it.

gailharrington.net/delidelights.asp

Only tables along one wall get service, but it s more fun to join the regulars lined up at
the cafeteria-style counter, beneath the hanging Katz salamis. Watch the counterman
hand slice steaming hot meat, and if you re lucky you may even get a sample of
pastrami, corned beef or brisket before you order. A one-pound sandwich will set you
back $11.75, while a garlicky grilled kosher beef hot dog with mustard, sauerkraut,
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back $11.75, while a garlicky grilled kosher beef hot dog with mustard, sauerkraut,
onions, and ketchup costs only $2.50, accompanied by the customary free bowl of
pickles. Finish it off with a slice of New York cheesecake for $3.75, and you.ll be raring
to go for your shopping spree on Ludlow and Orchard streets.
Opened in the early 1930s, the original Stage Deli on Broadway and 48th Street was
a 40-seat restaurant where actors and comedians ate between theater rehearsals and
performances. But when its Russian immigrant owner max Asnas lost his lease in
1943, he moved the Stage Deli to a new location on Seventh Avenue, where loyal
customers such as Milton Berle came for house-cured corned beef, salamis, and
hand-pickled smoked fish. Joe DiMaggio brought his dates for blintzes, and
Mohammed Ali would order an open-faced chicken sandwich with sliced tomatoes and
Muenster cheese, and argue with Max about who was the greatest.
These days the 134-seat deli with full bar attracts more tourists and theater-goers
than stars, but do check out the Hall of Fame Polaroid shots of celebrity diners such
as Jerry Seinfeld and Sarah Jessica Parker. The 12-ounce pastrami and corned beef
sandwiches are $11.95, but 16-ounce triple-decker sandwiches created by stars such
as Tom Hanks and Julia Roberts range from $15.95 to $18.95—a tradition that dates
back to 1937, when the owner would invite his famous clientele to the carving board to
crate their favorite combinations.
One block north of Stage Deli, you can t miss the 1937 landmark Carnegie Deli, with
its flashy red and yellow exterior, and windows filled with cheesecakes and salamis.
Inside, the walls are plastered with celebrity photos, but you re much more likely to see
tour groups than superstars. Take plenty of cash to Carnegie, which has the steepest
deli prices and doesn t accept credit or debit cards. New Yorkers may scoff at the price
of oversized combos such as the Carnegie Haul, a triple-decker sandwich of pastrami,
tongue, and salami, and the Brisketball sandwich with white turkey meat and brisket of
beef, which both cost $19.95. But remember that even the $11.95 one-meat
sandwiches are large enough to share. Call before you go—an institution it may be,
but Carnegie Deli has been closed three times this year for health violations.
Not far from Katz s in the East Village, the Second Av enue Deli has just celebrated
its 50th anniversary minus the restaurant s beloved founder Abe Lebewohl, who died
in 1996. His brother and daughter took over the deli to continue the tradition, serving
boiled beef in the pot, chicken matzo ball soup, Hungarian beef goulash, and the
dishes Abe served for decades. The 135-seat deli was redesigned in 1967 by worldrenowned designer Adam Tihany, mixing a contemporary décor of dark wood and
etched-glass partitions with traditional Jewish home cooking.
For $16.95 you can have an Instant Heart Attack, your choice of corned beef,
pastrami, turkey, or salami between two potato pancakes. Try the 8-ounc pastrami or
corned beef sandwich on a rye or white bread for $10.75, or pay $12.50 for a half
sandwich and bowl of soup—Abe s hearty mushroom and barley soup flavored with
dried Italian porcinis is a favorite with regulars. This kosher-style deli serves no dairy,
but still offers deli classics like cheesecake and cheese blintzes. How does it pull this
off? Instead of cheese, these favorites are made with tofu.
In the heart of the garment district, the marquee entrance of Ben.s Kosher
Delicatessen proclaims, “We cure our own corned beef and our chicken soup cures
the rest.” The offspring of a Long island deli chain, Ben s Manhattan opened in 1996
after the $2 million transformation of a space occupied since 1926 by Lou G. Siegle,
the neighborhood s former kosher king. Known for delectable corned beef and tongue
cured on the premises, and coleslaw and French fries made from scratch, the jumbosized Ben s offers a quirky take on deli dining, with an Art Deco décor that includes
colorful ceiling murals backlit to resemble stained glass, towering metal-detailed
columns, harp-shaped booths, an old copper ceiling over the deli counter, a 242-seat
dining room, and a full bar with television.
Choose from menu favorites such as Ronnie s Tastemaster, a combination of meats
piled high on r ye with Russian dressing and coleslaw for $12.95, the $5.95 cabbage
stuffed with meat and rice, a broiled Romanian tenderloin steak priced at $16.95, and
the seven-layer chocolate cake for $3.25 per slice.
Established in 1999, Artie s Delicatessen on Broadway may be the newcomer to the
New York pastrami pack, but this Upper West Side deli with black-and-white 1930s
retro décor has the real thing—hundreds of heirloom recipes, house-cured corned
beef, and tasty Romanian-style pastrami made from a secret recipe bought from
Bernstein s on Essex, a much-loved Lower East Side deli that is no longer around.

gailharrington.net/delidelights.asp

It s as if Arties has been serving well-steamed pastrami, brisket, potato knishes,
bagels and lox, and chopped liver for decades. The $11.95 corned beef and pastrami
Reuben combo, stuffed cabbage, chicken matzo ball soup, and 8-ounce pastrami
sandwich for $l8.95 are among blue-star favorites of the restaurant s late namesake
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sandwich for $l8.95 are among blue-star favorites of the restaurant’s late namesake
Artie Cutler, whose partners in seven other West Side eateries built Artie’s as a tribute
to the legendary restaurateur who always wanted his own deli. Save room for dessert:
Arties does excellent New York cheesecake and sliced birthday cake…no birthday
required. A recent expansion onto the sidewalk gave Arties’ 60 more seats and large
windows that open for fresh air. Artie would be proud. .
FILLING . A ION
No visitor to New York should forget to stop off for a deli experience—try any one of
these Big Apple favorites:
Katz’s Delicatessen, 204 East Houston at Ludlow Street; 212-254-2246
Stage Deli, 834 Seventh Avenue at 54th Street; 212-245-7850
Carnegie Deli, 854 Seventh Avenue at 55th Street; 212-757-2245
Second Avenue Deli, 156 Second Avenue at 10th Street; 212-677-0606
Ben’s Kosher Delicatessen, 209 West 38th Street; 212-398-2367
Artie’s Delicatessen, 2290 Broadway at 83rd Street; 212-579-595

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