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"                      <p class=\"imgtitle\">Cates</p>           The owner of a local cafe franchise has responded to a move by a developer to dismiss a breach of contract suit over a failed build-out for a Belleville store.<br /><br />Lebryk Company, owner of the Caffe Avanti chain, alleges that it would have paid a $5,000 lease deposit, at the heart of defendant GLK Development LLC's motion to dismiss, if GLK had not told them not to bother.<br /><br />Lebryk is suing GLK for breach of contract. It alleges that GLK failed to proceed with a build-out for a Caffe Avanti location in Belleville under the terms required by the pair's contract.<br /><br />The location subsequently opened in Edwardsville. The original store is located in O'Fallon.<br /><br />The suit seeks damages of at least $50,000, attorney's fees and costs.<br /><br />GLK filed a motion to dismiss the breach of contract suit Feb. 2.<br />In that motion, GLK argued that because the plaintiff never paid a $5,000 lease deposit, the suit is moot.<br /><br />In its March 3 response, Lebryk cites e-mails between its attorney, David Cates and GLK attorney Thomas Lechien, about the $5,000.<br /><br />In the motion and the e-mails, the company offers to pay the $5,000 immediately.<br /><br />Lechien's response, according to the plaintiff, is that they shouldn't bother because the development had run into problems.<br /><br />The motion goes on to argue that telling Lebryk not to pay the $5,000 does not constitute a defense in the breach of contract claims.<br /><br />The case file does not indicate when St. Clair County Circuit Judge Lloyd Cueto will hear arguments on the motion to dismiss.<br /><br />Lebryk is represented by David and Judy Cates.<br /><br />GLK is represented in the civil suit by Donald Samson.<br /><br /><i>The case is St. Clair case number 09-L-273.</i>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://madisonrecord.com/stories/510568662-cafe-owner-responds-to-defense-motion-to-dismiss>