Saxbys Back Again?

Following a bankruptcy filing and court order restoring a lease, coffeehouse may return to Main Street.

The restoration of the corporate-owned franchise, which vacated the property following a last month, could hinge on legal maneuvers by the Belvedere Restaurant Group, which previously announced plans to expand its neighboring into the 4343 Main St. property.

Joseph Grasso own Saxbys Coffee Worldwide LLC and affirms his company has the right to the property.

"We have an interest at Saxbys in keeping the Manayunk store open... (Former franchise owner Scott Coles) never should have been evicted. They never had the right," Grasso said, referring to property owner Eadeh Enterprises.

Specific property disbursement was largely at Eadeh's disposal until Coles filed for bankruptcy Jan. 19. According to Section 365 of federal bankruptcy code, the debtor may resume an unexpired lease—potentially voiding entered with Eadeh.

Though unable to go into specifics, Belvedere co-owner Rich Rivera acknowledged the court decision, but remained hopeful about his company's chances.

"We intend to continue planning the expansion of Main Street Market and are currently discussing details/timeline with the property owner," Rivera said in an e-mail Monday.

A Main Street Market sign within 4343 Main St. has since been removed. Eadeh referred requests for comment to its attorney, Scott Yaw, who did not return numerous messages Monday.

In his former role as franchise owner of Bucks County Coffee, Coles racked up considerable debt with his landlord, Neducsin Management. Following a legal battle where Coles was ordered to pay $51,048.75 by Philadelphia Municipal Court to Neducsin Sept. 2, 2009, Coles reportedly fell delinquent in payments.

Grasso said because the matter was related to the previous lease—Neducsin, not Eadeh, sued Coles—a sheriff's sales should not have occurred. The merchandise, he said, was not related at all to Bucks County Coffee and should not have been sold.

However, Coles, as Grasso said, had also fallen "a month or two" behind in rent payments to Eadeh. Though Grasso said this action shoudn't have resulted in eviction, it intensified the situation.

As far as Daniel Neducsin see it, he had every right to take Coles to court and recoup back rent—though the sheriff's sale gave him "pennies on the dollar." Regarding the current state of affairs, he said Monday he's not sure what's going on.

"Bucks County was a past tenant of mine. As far as Saxbys is concerned, I'm kind of out of it. If Grasso is trying to get back in, I don't know," he said.

Although Coles will have some role in the proposed reopening, Grasso said it will be diminished.

"Scott was a poor manager of money... We'll definitely micromanage this store," he said. "Scott is involved, but he's not involved in critical decisions. He sort of put his head in the sand before. He's a nice guy, though."

Employees who lost their jobs after the shop closed have told Patch they didn't receive their last paychecks. Grasso said all former employees will be paid.

Currently, Grasso said, contractors are evaluating the property, and he plans on renovating hardwood floors before reopening sometime over the next few weeks. 

However, what specifically will open, or reopen, at 4343 Main St. could largely depend on any potential litigation.