Last July, days before Mayor Eric Adams announced his appointment of Edward Caban to run the NYPD, the mayor and his new commissioner celebrated at a Bronx hotspot called Con Sofrito. The restaurant and bar features an adjoining 50-by-100-foot dining structure adorned with fake green plastic leaves and pink neon signs.
A few weeks later, in September, the mayor was back at Con Sofrito, sitting at a table in the outdoor space smiling at a white frosted birthday cake adorned with a lit sparkler as an adoring crowd sang “Happy Birthday” to him.
As it happened, the mayor had chosen to celebrate in a space that was at the time — and remains today — in violation of multiple city safety codes, facing more than a dozen citations for dangerous conditions by the Fire Department. The party shed at Con Sofrito has also been deemed an illegally constructed structure by the Department of Buildings.
Also as it happened, Con Sofrito is owned by Commissioner Caban’s ex-cop brother Richard.
In December, a judge ordered Richard Caban to temporarily shut down Con Sofrito’s outdoor space while the building’s landlords proceeded with a legal effort to evict the restaurant, calling the place a hazard to the public. On Wednesday another judge continued that temporary restraining order until the eviction question is resolved.
The restaurant, in an industrial corner of Westchester Square, has for the last couple of years been a favored haunt of New York cops and politicians, including Adams, Commissioner Caban and former police commissioners Keechant Sewell and Dermot Shea and Assemblymember Carl Heastie (D-The Bronx).
Visits by these top officials are often chronicled in social media posts by Jimmy Rodriguez, the former owner of Jimmy’s Bronx Cafe who now lists himself as Con Sofrito’s “creator/manager.”
At the time of the mayor’s visits last year, the restaurant had already been cited first by the Department of Buildings and then by the Fire Department for various code violations. The landlord, Joseph Dedona III, initiated an eviction lawsuit in September.
On Jan. 6, the landlord alleges, the owners ignored the judge’s Dec. 26 order to stop using the outside space and threw a party there that included numerous members of the NYPD. (City building inspectors visited a week later on Jan. 12, but couldn’t gain access to the property. A DOB spokesperson said they plan to revisit the spot “in the coming days.”)
“It is clear the Respondent has no respect for the law or this court,” Dedona stated in court papers filed Monday. “Respondent has and will continue to do as it pleases regardless of the law, the lease or the court’s orders.”
Dedona says the illegally constructed deck has no fire suppression system and takes up much of the restaurant’s parking lot. That would hamper access by first responders in the event of an emergency, he alleges.
“If there was a fire or other catastrophe in the structure or at the property, it is not just possible but likely that there will be serious injury or worse to members of the public,” Dedona stated.
In response to THE CITY’s questions about Adams’ and Commissioner Caban’s visits to Con Sofrito while it faced multiple citations, Adams spokesperson Charles Lutvak stated, “Mayor Adams visits small businesses across the city every day, and his support for local communities along with our administration’s investments in public safety, public spaces and people have helped bring the city back and set a new record for the most private-sector jobs in the city’s history. Any complaint or violation at this location has been handled in line with normal operations.”
Fire Code Violations
The first citation at Con Sofrito came June 28, 2022, after city building inspectors discovered the fully constructed wooden structure built alongside Con Sofrito’s main building taking up much of the restaurant’s parking lot. Records show the outdoor dining area could accommodate up to 150 patrons.
DOB issued one violation, charging that the structure had gone up without permits. The owner paid a $2,500 fine and was supposed to provide evidence that the violation had been corrected, but as of this week had not done so, building department officials told THE CITY. A hearing before the Office of Administrative Trials and Hearings (OATH) is set for Feb. 3.
Then in August 2022, the Fire Department issued a summons citing 17 separate violations of the fire safety code in the restaurant and outdoor space, including failing to install a fire protection system, failing to maintain fire rated construction in the restaurant, failure to store combustibles in an orderly manner, and failing to maintain fire doors and windows in an area where solid fuel is stored.
On Oct. 5 of this year a different unit of the FDNY added one more allegation, citing the owner for failing to provide a certificate of operation for a public assembly space accommodating 161 persons.
All the fire department citations were pending as of Wednesday.
State Liquor Authority licensing documents obtained by THE CITY via the Freedom of Information Law list Richard Caban, a former NYPD lieutenant, as the 100% owner of Con Sofrito. The records assert that there are no others with a financial stake in the popular restaurant/bar.
But Rodriguez, the former owner of Jimmy’s Bronx Cafe, lists himself on Linkedin as “creator/manager” of Con Sofrito since September 2021. On multiple social media posts, Rodriguez presents photos of himself at Con Sofrito with numerous New York politicians — including Adams — and top cops, among them current Police Commissioner Caban, as well as former Police Commissioners Keechant Sewell and Dermot Shea.
In 1995 Major League Baseball advised players to avoid Jimmy’s Bronx Cafe due to what it termed its reputation for hosting “unsavory characters,” including suspected drug dealers. The restaurant, also popular with politicians, closed in 2004.
Richard Caban did not return THE CITY’s calls seeking comment. His attorneys at the firm of Novick Edelstein did not respond to a request for comment, but in court papers filed in December, they argued against the requested temporary restraining order barring use of the outdoor space.
Lawyers for the 1315 Restaurant Group LLC claimed the exterior area was “only used on Fridays and Saturdays” and stated that the structure was “expected” to be removed “on or about Jan. 22.”
The structure remained in place Tuesday.