WINFIELD — Hauppauge Properties is suing Italian Grille & Deli claiming it failed to pay rent and must vacate its property.
Timothy L. Eplion II was also named as a defendant in the suit.
Hauppauge claims it and Italian Grille & Deli were in an 18-month contract beginning Oct. 1, 2008, and the contract was regularly renewed, according to a complaint filed in Putnam Circuit Court.
On Feb. 20, 2022, the defendants renewed their lease for five years, beginning on Aug. 1, 2022, however, the defendants failed to perform their obligations as agreed upon in the lease agreement by failing to make the rent payments, according to the suit.
Hauppauge claims the defendant owes $61,549.36 in past rent.
"Pursuant to the terms and conditions of the parties' lease agreement, the Defendants owe a remaining sum of ...$265,927.57...in future rent," the complaint states.
Hauppauge claims the defendants breached their contract and caused Hauppauge to sustain economic harm and damage.
The plaintiff claims the defendant was unjustly enriched at the plaintiff's expense.
"The Defendants have been unjustly enriched in that they have received an economic benefit by way of the real property provided by the Plaintiff, but they have not tendered the agreed upon consideration for the economic benefit bestowed," the complaint states.
Hauppauge claims it is the legal owner of the real estate and that the defendants are in possession of the property. The plaintiff claims the time for the defendants to vacate the property has lapsed.
Hauppauge claims it wants any and all items of personal property, business or trade fixtures, stock in trade or other items that were previously located within the premises to be turned over and sold to the highest bidder.
Hauppauge is seeking damages in the amount of $327,476.93. It is represented by Travis W. Hoffman of Tyree, Embree & Associates in Hurricane.
Putnam Circuit Court case number: 23-C-54