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 Post subject: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Sat May 10, 2008 9:32 pm 
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Joined: Sat May 10, 2008 9:11 pm
Posts: 1
Hello,
My name is Ben S. I am a small business owner; I was a franchisee of Elliott's Off Broadway Deli which is headquartered in Oakbrook, IL. I've owned this business for five years and invested over $70,000 in it. A little over a month ago, I lost it all.
The reason is that the leaseholder of Elliott's Off Broadway, Daniel Perillo who owns Brandino Corporation, told me that he would not continue the sublease for me. As a result, he mandated that I move out Friday, March the 21st.
Ever since my opening, each month I have paid the rent, franchise royalties, maintained my license, paid the taxes; however Perillo required me to pay additional rent to his company. He claims that I owe him backpay on the additional rent and told me to move out. There was a prospective buyer whom I had made a deal with and was willing to take over the business, however Perillo had secretly made a deal with the buyer - that he would force me out and sell the business to the buyer for a lower price. Perillo knew that I had invested over $70,000 in my business, and he wanted to take over my investments.
As there were never any eviction proceedings or court order returning possession, I still had the legal right to possess the premises; and as such had the legal right to protect and move out my investments. However by that Friday night, he had already changed the locks on the business illegally without a court order or eviction notice in order to obstruct me from taking back out my investments. Anyway, I did my best to protect my investments and move out everything during the Easter weekend.
This is not the first time that he has done this; I am not the first victim of this. I also know of other franchisees who were forced to walk away from their businesses and investments in similar manners. In each case, he would resell the business and the investments to a new owner. That's the way they really make money from the businesses. This trauma has given me the feeling that this corporation is not legally and morally running a business; they are scamming and exploiting the weakness of the small business owners. This franchise has about 80 establishments in suburbian office buildings and a few in Chicago downtown. Majority of the business is low at each location. Daniel Perillo is very good at tactly getting people to buy into this franchise business. Because the approximate startup is from $50,000 many first time small business owners can afford it so hence they buy into it. However once you are in the business, it is very difficult to get out of it unless there is someone else to take over your business, otherwise you would lose all of your investments. That's why there are many of the franchisees who do their best to hold on to their business and the others try their best to sell their business. Daniel Perillo then uses this point to eat each of the franchisees and take over their investments. I feel that I am being robbed of five years of my hard work by Daniel Perillo and all of my investments around $70,000 have all but vanished.
I wish that I will be able to let other be aware of this company and its actions. I would hope that this would never happen to anyone else.

Sincerely,
Ben S.


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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Mon May 12, 2008 8:08 am 
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Joined: Mon Mar 31, 2003 10:09 pm
Posts: 2921
WOW! That is terrible! Can you report this to the BBB?

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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Mon May 12, 2008 8:27 am 
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Joined: Mon Sep 10, 2007 10:50 am
Posts: 291
Location: WI
admin wrote:
WOW! That is terrible! Can you report this to the BBB?


Couldn't you file a lawsuit to get your belongings out of the building since this person did not legally evict you. I would think you have a good suit on your hands. Plus if there are others then maybe you could get a class action started against this guy.


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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Wed Jul 02, 2008 12:10 am 
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Joined: Tue Jul 01, 2008 11:07 pm
Posts: 2
As always there are two sides to every story. Ben Sitt signed a Sublease Agreement and did not pay the rent to Brandino Corporation for five years. Keep in mind the rent was ONLY $300.00 per month (including utilities and CAM) including the mark up of the rent by Brandino Corporation. After waiting Five years for the rent, he was asked to come current with the rent. He refused and left willingly. He even refused to pay the past due rent even if he sold his business. Brandino Corporation is liable for the lease agreement and does mark up the lease between $50.00 and $100.00 per month as stated in the sublease agrement in which Mr. Sitt signed. He willingly left the location after the the two sides could not reach an agreement as his attorney has stated in writing. Mr. Sitt had only 5 months remaining on his lease agreement and was able to take all of his equipment and counters out of the location in which he did purchase from the previous seller in an assets purchase agreement. Also, in a letter from the Landlord Mr. Sitt was using the business (deli in an office building) as a place to sleep at night for months at a time. The LANDLORD ALSO STATES IN A LETTER THAT BEN SITT WAS SEEN BY THE TENANTS SLEEPING ON THE COUNTERS WHERE THE FOOD IS PREPARED! THIS WAS CONFIRMED VERBALLY WITH THE BUILDING ENGINEER AS MR. SITT ADMITTED IT. In a letter dated February 2004 the Landlord requested in writing that MR. Sitt be replaced by a new operator immediately. In the Landlords words "his quality of food and service is having an impact on our leasing renewals". Brandino Corporation has received numerous complaints via email from the tenants in the building that Mr. Sitt is keeping his food too long and serving old food to the customers. Mr. Sitt wrote a letter to Brandino Corporation in 2003 thanking the company for temporarly reducing his rent and agreed to send $300.00 a month rent to Brandino Corporation each month. Mr Sitt's remarks are without meritt and should be removed from this website and could be considered slander. To date Brandino Corporation has not received any back rent due ($6,000.00) as Mr. Sitt refused to pay any of the back rent after making all the money the past 5 years. The one that should be owed money is Brandino Corporation, not Ben Sitt as he was able to get all of his assets out of the location. In a letter dated March 22, 2008, his attorney stated that Mr. Sitt has agreed to avoid any litigation and and will surrender possession of the premises. Mr. Sitt's attorney was to set a time for Mr. Sitt to move out the equipment, instead Mr. Sitt broke into the office building and removed all of the assets. In doing so, he broke all the locks in the office building and deli, where if he were to call Brandino Corporation and set a time, he could of removed all his assets without breaking into an office building on a Sunday when the building was closed.

THERE ARE ALWAYS 2 SIDES TO EVERY STORY


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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Tue Sep 21, 2010 12:45 pm 
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Joined: Tue Sep 21, 2010 12:27 pm
Posts: 2
I found this original post interesting as the same D. Perillo requested some graphics work to be done for one of his delis. He approved the graphics, had them printed and used them in the deli. Despite several requests for payment ($1,000+) including stock photography, and several promises on his part to send payment, I never received a penny.

Beware of this person... to avoid being taken advantage of, accept COD only.


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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Thu Sep 22, 2011 9:59 am 
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Joined: Tue Jul 01, 2008 11:07 pm
Posts: 2
Who would pay $1,000 for this project in which should of taken her 2 hours? This work was worth $100 and she was not willing to take. I almost had a heart attack receiving the price and once finished I had to pay to have the graphics put on boards. This was ALL LABOR, no materials. I should be on this website reporting her for way over charging customers. Be aware of graphic artists over charging and charging for pictures she found on the internet in which I can get FREE on the internet! My current graphic artist charges $100-150 for the same thing! This lady should be ASHAMED of even charging this much and trying to take advantage of customers.


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 Post subject: Re: Brandino Corporation and Elliotts' Off Broadway Deli's.
PostPosted: Fri Feb 17, 2012 2:14 pm 
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Joined: Tue Sep 21, 2010 12:27 pm
Posts: 2
Get your facts straight ginamarie...
1. All the unpaid invoicing ($1016.00) was for FOUR projects that included design, typesetting, file production and customer revisions, stock photo research and purchases for a large 40x27 menu board (that had to be re-done because Mr. Perillo provided the wrong size), 4 smaller signs and a menu.

2. Mr. Perillo wanted to manage the printing and mounting directly with his printer (it was this same printer who referred Mr. Perillo to me). All he had me do was design and file production.

3. I run a business. $1000.00 for design, typesetting, file production and stock photo purchases (12 hours total billable time) for a menu, large menu board and 4 signs is not over-priced by any means.

4. "Pictures she found on the internet"???? What??????? I researched, used and PAID FOR ELEVEN stock photographs through iStock Photo. Using any photography found on the internet as "free" is copyright infringement.

To reiterate Madam, Mr. Perillo wanted to handle all the printing. Mr. Perillo was provided with ESTIMATES on all projects prior to proceeding, which he APPROVED. Mr. Perillo requested STOCK PHOTOGRAPHY. Mr. Perillo, on THREE OCCASIONS promised payment to come, and I never received a penny. So again, get your facts straight.

I will be more than happy to provide anyone that requests it, documentation on any of the above.


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