PHILADELPHIA – A recently filed lawsuit from Sysco claims a Delaware County 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 July 27 versus Shoo Fry, Inc. (a.k.a. Shoo Fry, LLC) and Matthew Baiada, both of Springfield.
The suit states on Nov. 2, 2016, the parties entered into a contract whereby Sysco would supply goods to the defendants on an account basis in exchange for payment from Shoo Fry, Inc. From Oct. 19, 2017 through at least April 23, 2018, Sysco delivered the goods to Shoo Fry and periodically invoiced them as needed, but claims the defendants never compensated it for doing so.
As of July 26, the defendants allegedly owe the plaintiff $22,102.82, inclusive of accrued interest to date and with further interest continuing to accrue at a rate of $9.76 per day, and the contract permitting the recovery of reasonable attorney’s fees. In addition to the contract supposedly being breached, the suit says Baiada 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 180703167
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com