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FLORIDA RECORD

Friday, September 20, 2024

Restaurant Alleges Landlord Fraudulently Induced Lease Despite Known Safety Violations

State Court
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A Florida restaurant is suing its landlord for fraudulent inducement and misrepresentation after being forced to vacate due to safety violations. Juliana's Restaurant, Corp filed the complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida on July 31, 2024, against 1951-1997 S. Military Trail LLC.

According to the complaint, Juliana's Restaurant entered into a lease agreement with the defendant in August 2020 for a commercial space located at 1969-1973 S. Military Trail, West Palm Beach. The plaintiff alleges that they spent over $255,000 on renovations and equipment for their Mexican restaurant and bar. However, in August 2021, they received a Cease and Desist order from Palm Beach County Fire Rescue Bureau of Safety Services due to pre-existing safety issues with the ceiling and roof that dated back to December 2019.

The plaintiff claims that Henri Levy, the managing member of the defendant company, was aware of these safety issues but still proceeded with leasing out the property. "Defendant knew or should have known that the premises...was not allowed to be leased and occupied for use," states the complaint. Juliana's Restaurant accuses the defendant of fraudulent inducement by making false statements about the property's condition and suitability for use as a restaurant.

Juliana's Restaurant is seeking damages exceeding $50,000 along with prejudgment interest on damages, costs, attorney's fees under applicable statutes, and other relief deemed proper by the court. They also accuse the defendant of violating Florida’s Unfair & Deceptive Trade Practices Act (FDUTPA), seeking punitive damages three times the amount of general damages.

The case is being handled by Timothy L. Grice from The Law Office of Timothy L. Grice P.A., while details about defense attorneys are not provided in this document. The case ID is 502024CA007214XXXAMB Div: AK.

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