Cafe owner responds to defense motion to dismiss

Amelia Flood Mar. 30, 2010, 8:56am


The owner of a local cafe franchise has responded to a move by a developer to dismiss a breach of contract suit over a failed build-out for a Belleville store.

Lebryk Company, owner of the Caffe Avanti chain, alleges that it would have paid a $5,000 lease deposit, at the heart of defendant GLK Development LLC's motion to dismiss, if GLK had not told them not to bother.

Lebryk is suing GLK for breach of contract. It alleges that GLK failed to proceed with a build-out for a Caffe Avanti location in Belleville under the terms required by the pair's contract.

The location subsequently opened in Edwardsville. The original store is located in O'Fallon.

The suit seeks damages of at least $50,000, attorney's fees and costs.

GLK filed a motion to dismiss the breach of contract suit Feb. 2.
In that motion, GLK argued that because the plaintiff never paid a $5,000 lease deposit, the suit is moot.

In its March 3 response, Lebryk cites e-mails between its attorney, David Cates and GLK attorney Thomas Lechien, about the $5,000.

In the motion and the e-mails, the company offers to pay the $5,000 immediately.

Lechien's response, according to the plaintiff, is that they shouldn't bother because the development had run into problems.

The motion goes on to argue that telling Lebryk not to pay the $5,000 does not constitute a defense in the breach of contract claims.

The case file does not indicate when St. Clair County Circuit Judge Lloyd Cueto will hear arguments on the motion to dismiss.

Lebryk is represented by David and Judy Cates.

GLK is represented in the civil suit by Donald Samson.

The case is St. Clair case number 09-L-273.

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