Florida man sues former partners in Peabody restaurant

PEABODY – A Florida resident who claims he provided $50,000 in capital as well as restaurant equipment to a partner to operate a Newbury Street establishment in 2001 has filed a lawsuit to get his money back with costs.Stephen D. Caiazzo, of 2106 SW 49th St., Cape Coral, Fla., filed the court action this week in Salem Superior Court against Joseph A. Boccelli, of 120 Butler Ave., Wakefield, along with Hercon Management, Inc., located at 222 Central St., Saugus, and a third party, 222 Central Storage, LLC.In his six-count complaint, Caiazzo states in September of 2001 he agreed to enter into a partnership with Boccelli and or Hercon to operate a restaurant/ lounge known as the Blue Parrot, at 265 Newbury St.As part of the agreement, the suit states, Caiazzo provided $50,000 in capital, certain restaurant equipment and fixtures as well as his business expertise in operating restaurants and bars.The $50,000 payment was an investment that Boccelli represented would be repaid, Caiazzo states.From September through December of 2001, Caiazzo maintains he devoted all his time and talent to building up the business of the Blue Parrot, working seven days a week and most without compensation.Then in December, the lawsuit states, the two men reached an impasse in the management and operation of the establishment and Boccelli froze Caiazzo out of the business and partnership.Thereafter Boccelli and or Hercon removed all alcoholic beverages, equipment and fixtures from the Blue Parrott and stored them at 222 Central Storage, LLC, in Saugus, of which Boccelli is the principal, according to the complaint.Caiazzo accuses Boccelli of removing and transferring the equipment to another location without his knowledge or permission.In 2004, Caiazzo learned the equipment and items were sold at auction without his authority or knowledge.The complaint alleges breach of contract, fraudulent misrepresentation, conversion and trespassing.Attorney Frank E. Russell of Malden, who filed the court action on behalf of Caiazzo, seeks a trial before a jury to recover damages. The court documents list $60,000 in capital retribution for equipment.