NORTHAMPTON – A judge will decide if a former Serio’s Market vendor who is owed more than $36,000 can take real estate in an effort to recoup its loss.
Bozzuto’s Inc. filed a motion for a real estate attachment against Josephine Cavallari in Hampshire Superior Court on June 29. An attorney for Bozzuto’s, Robert Girvan, and Cavallari’s attorney, Judd Peskin, presented their sides before Judge Richard Carey on Friday.
Cavallari, the mother of former Serio’s Market owner Christine Cavallari, who died in 2014, is listed as director of the company in a summary on the state’s corporation database. Serio’s most recent annual report filed in 2016 for fiscal year 2015, lists Gary Golec and Jaimie Golec as the company’s directors.
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 following a November 2016 lawsuit.
Girvan argued that Cavallari was still responsible for a personal guaranty she signed in February 1993, which made 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.
“The defendant never gave notice she was no longer involved,” Girvan said in court Friday.
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. Serio’s Market closed earlier this year.
Peskin argued Cavallari, now 88, divested herself of all shares of the company in 2001 and by the time Serio’s accrued the Bozzuto’s debt, she was no longer listed on Serio’s annual report.
“I don’t see how this personal guarantee can still be valid,” Peskin said.
According to court documents, the more than $30,000 debt came from the sale and delivery of various goods to the market between Jan. 11 and Oct. 16 in 2016.
After hearing from Girvan and Peskin, Carey took the case under advisement.
Emily Cutts can be reached at ecutts@gazettenet.com.