PHILADELPHIA – A recently-filed lawsuit from Sysco claims a Philadelphia restaurant and its owner did not complete its financial obligations to them in exchange for the provision of goods and services, per a contract the parties entered earlier this year.
Sysco Philadelphia, LLC of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Oct. 18 versus IMLI Kitchen, LLC (doing business as “Village Taverna”) and Konstantin Dalamagas, both also of Philadelphia.
The suit states on Oct. 21, 2016, the parties entered into a contract whereby Sysco would supply goods to the defendants on an account basis in exchange for payment from Village Taverna. From March 17 to March 23 of this year, Sysco delivered the goods to Village Taverna and periodically invoiced them as needed, but claims the defendants never compensated it for doing so.
As of Oct. 9, the defendants allegedly owe the plaintiff $1,529.50, with interest continuing to accrue at a rate of $0.69 per day and the contract permitting the recovery of reasonable attorney’s fees. In addition to the contract supposedly being breached, the suit says Dalamagas failed to make payment on his pledged guaranty.
For counts of breach of contract, breach of guaranty, account stated and unjust enrichment, the plaintiff is seeking damages, jointly and severally, not in excess of $50,000, plus attorney’s fees, interest, costs and such other and further relief as may be just and equitable.
The plaintiff is represented by Sergio I. Scuteri of Capehart & Scatchard, in Mount Laurel, N.J.
Philadelphia County Court of Common Pleas case 171002234
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com