Judge denies move to block sale of Upper Crust restaurant leases

By Jenn Abelson, Globe Staff

A Suffolk Superior Court judge has rejected an attempt to block the sale of leases at four bankrupt Upper Crust restaurants to a private equity firm with ties to the pizza chain’s ousted founder.

UC Acquisition, which plans to work with founder Jordan Tobins, submitted the winning bids at a December auction of leases for the South End, Watertown, Wellesley, and Lexington locations.

But Shannon Liss-Riordan, an attorney representing former Upper Crust workers in a class action lawsuit, had argued the sale should be stopped because Tobins was allegedly violating an injunction she obtained last year that prohibited him from transferring assets with a fair market value of $2,500 or more. Liss-Riordan contended UC Acquisition was a front for Tobins and noted a licensing agreement Tobins has already signed with UC Acquisition allows it to use the Upper Crust name. That agreement, she alleged, constitutes a transfer of assets.

Tobins and officials at UC Acquisition, who could not immediately be reached for comment, have denied Tobins is using any of his own money.

Suffolk Superior Court Judge Bonnie H. MacLeod offered no explanation in her denial, according to a copy of the order.

Liss-Riordan said she planned to appeal the decision.