NORTHAMPTON — A former Serio’s Market vendor who is owed more than $36,000 has asked a court’s permission to take real estate in an effort to recoup its loss.
Bozzuto’s Inc. filed a motion for a real estate attachment against store director Josephine Cavallari in Hampshire Superior Court Thursday.
Bozzuto’s and Serio’s began its business relationship in February 1993, when the grocery wholesaler entered into a contract with the family-owned market that began operation in 1902.
At that time, Cavallari “executed a personal guaranty” making her “liable for full performance and payment in the event of any default by Serio’s Inc.,” according to the complaint filed by Bozzuto’s.
Reached Friday, Cavallari declined to comment.
Hampshire Superior Court Judge Mary-Lou Rup ordered in April that Serio’s Market pay a total of $36,260.87 in damages and statutory costs to the Connecticut wholesale provider. Bozzuto’s says no payments have been made.
A hearing on the motion to attach real estate is scheduled for Wednesday.
Attorney Gary Weiner, who represents Bozzuto’s, said in April his client just wanted to get paid.
“Whether they will be able to collect upon it, I’m not sure,” Weiner said.
When the lawsuit was filed in November 2016, Serio’s General Manager Jaimie Golec said it was just the tip of the iceberg of financial woes for one of the longest continuously run, family-owned businesses in Northampton.
Between Jan. 11 and Oct. 16, Bozzuto’s sold and delivered weekly shipments of various goods to Serio’s, totaling $32,349, according to court documents.
In the months leading up to lawsuit, the store faced mounting financial burdens, slow winter sales and costly broken equipment. The shop ultimately closed its doors for good on March 10.
The neighboring Serio’s Pharmacy remains a successful and viable business, John Serio, the grandson of Serio’s founders Joseph and Maria Serio, said in March and reaffirmed Thursday.
The Serio family owns the 1940s building that houses both the market and pharmacy.
Emily Cutts can be reached at ecutts@gazettenet.com.