McClafferty files counterclaim against Pulp Smoothie owner

by Bob Gaetjens | editor Published:

Streetsboro -- Streetsboro businessman Brett McClafferty and his father, Thomas McClafferty, have filed counterclaims against Pulp Smoothie & Juice Bar owner Chris Muraco, saying a legal action Muraco filed against them is frivolous.

Muraco's legal complaint, filed in December, is, effectively, a refiling of a complaint dating to 2011 which alleged Brett McClafferty falsified sales figures of Pulp Smoothie & Juice Bar, which Muraco purchased in Sept. 8, 2010.

It named Brett McClafferty, Thomas McClafferty and Mac & Mac Properties as defendants. Plaintiffs were Muraco, C.P. Muraco Enterprises P.S.P. and C.P. Muraco Enterprises Inc.

Brett McClafferty filed a counterclaim individually against Muraco Jan. 16, and Thomas McClafferty filed a separate counterclaim on his behalf Jan. 15, individually, and on behalf of Mac & Mac Properties.

Both counterclaims allege Muraco's complaint is a "frivolous" action. The counterclaims deny many of the individual allegations made in Muraco's December 2012 complaint.

Muraco's complaint alleged breach of contract by the McClaffertys because it claimed they did not provide a period of training after he took possession of the business.

Both counterclaims refute that claim and allege Muraco is in breach of contract because he allegedly failed to meet due diligence provisions in the asset purchase agreement associated with his acquisition of the smoothie shop.

Brett McClafferty's counterclaim also denies some of the main points in Muraco's complaint -- that he allegedly misrepresented the business and that he allegedly "changed the information" on seven months worth of sales by range reports.

Thomas McClafferty's counterclaim also states he shouldn't be party to the complaint and that the "corporate veil" shouldn't have been broken in this case.

According to evidence found during the discovery phase of the 2011 case (which was voluntarily dismissed in December and refiled), "defendant Thomas McClafferty never made any representations to plaintiffs, played little or no part in the negotiations or sale of the Pulp store, did not participate in the daily operations of the Pulp store and did not exercise control over the business," states the elder McClafferty's counterclaim.

Thomas McClafferty's counterclaim states Muraco's complaint is "obviously intended merely to harass or maliciously injure" the McClaffertys.

Brett McClafferty's counterclaim seeks $25,000, "plus attorney fees, court costs and interest." Thomas McClafferty's seeks "attorneys' fees and litigation expenses."

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