May I interest you in a cup of hot ice cream with a side of real-estate drama? Tyra Banks, the inventor of the baffling new confection, is being sued for breach of contract after allegedly breaking the lease for what was supposed to be her ice-cream parlor’s flagship Washington, D.C., location. In October, Christopher Powell sued Banks; her partner, Louis Martin; and their company, School of Smize LLC, accusing them of bailing on a ten-year lease that was supposed to establish Banks’s ice-cream business, Smize and Dream, in D.C. Banks and Martin — who are partners both in business and life — say that the lawsuit is just an “opportunistic ploy” to “extort money” from them.
According to Powell’s complaint, he met Banks and Martin in March 2024 and they quickly bonded over their strong relationships with their mothers. Powell owns a mixed-use building in D.C.’s Eastern Market area, and in April, the parties signed a lease starting at $20,000 per month, according to the Washington Post. In addition to being an ice-cream store, Banks apparently told Powell that the location would “serve as a launchpad for teaching underprivileged local youth the science of ice cream and the business of selling it.” Powell says he was “moved” by her mission.
But in June 2024, Powell claims that Banks and Martin “abruptly abandoned” the premises and were “refusing to pay rent,” instead offering only their $60,000 security deposit. (According to the lease, they did not actually owe anything until the “rent commencement date,” which was in February 2025.) Shortly after that, Banks opened a Smize and Dream pop-up in a different D.C. neighborhood, which was visited by then-Vice-President Kamala Harris. Then, in September, Banks and Martin allegedly sent Powell a letter explaining their sudden departure, which he claims contained “numerous false accusations against [himself], his building, and the lease.”
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“Although Mr. Powell made repeated good faith efforts to resolve this matter amicably, he is now left with deep financial loss and no choice but to file suit,” the complaint claims.
Banks and Martin went on to open their flagship Smize and Dream store this past June in Sydney, Australia. In November, the pair filed a motion to dismiss Powell’s lawsuit, claiming it was Powell who broke the lease. According to their motion, the lease Smize and Dream signed was for the whole building, but Powell was “entirely unable to deliver” the top two floors, which were occupied by residential tenants. They also said that, despite the lease’s assurance that Powell would deliver “all existing mechanical, electrical, and plumbing systems in good working order,” the building “suffered myriad mechanical, electrical, and plumbing deficiencies” that would have cost approximately $980,000 to repair.
Powell is seeking $140,000 in past-due rent from February through October 2025, $2,571,331 for future monthly rent, and a $120,000 letter of credit. That brings his grand total to $2,831,331, not including interest and attorney fees. Much like the experience of enjoying a steaming cup of hot ice cream, this whole situation is a mess.
Powell’s lawyer declined to comment on the suit. The Cut has reached out to a lawyer for Banks and Martin and will update this post if we hear back.
