Last year, plans for a Shake Shack at Grand Central Terminal were confirmed and approved by the MTA. But the burger-and-shake temple hasn't been able to cater to commuters because the current tenant of the downstairs space, Mexican eatery Zocalo, is protesting its eviction notice.

According to Crain's New York, Zocalo owner Robert Shapiro "filed a lawsuit in the Supreme Court of the State of New York against the Metropolitan Transportation Authority and Shake Shack," claiming that the "bidding process [for retail space in Grand Central] is corrupted." Zocalo, has been on a month-to-month lease for many months now (its minimum annual rent is about $333,000/year), had submitted a bid for the space in early 2011, but Shake Shack's offer—$435,000/year for year one, increasing over 10 years to $567,000—was more attractive to the MTA because the board felt it would attract more business overall to the food area.

However, Zocalo contests that Shake Shack is a chain and shouldn't have been bidding, since it has 15 locations. The MTA told Crain's, "Zócalo is desperately pursuing any possible means to remain in possession of space it no longer has the legal right to occupy, contrary to the legal rights of the MTA and Shake Shack," and noted that a civil court found Zocalo to be unlawfully occupying the space.