LEASE FRAUD • CONTRACTUAL INTERFERENCE • AVAILING

MR. PADUANO IS:

• NOT ON THE LEASE

• NOT ON THE LIQUOR LICENSE

• NOT THE OWNER OF A SINGLE SHARE OF W&R LLC

• AND NOT MY LAWYER 

WHAT IS HE?  AN AVAILER!

We would not be behind on sales tax or anything else if Mr. Paduano did not unconscionably, unjustifiably, and illegally take micro-maniacal control of my bar with his impossible to fulfill immoral agreement. 

After just three weeks of availing my bar, he committed a plethora of frauds to every entity with which i did business, from vendors to banks to insurance companies to the city, state, and federal government. 

He realized his enormous greed and unethical activity created an "enormous" liability for himself that even his own 'enormous" entitlement born from his wife's enormous power as CFO of GOOGLE, could not unwind. He needed a scapegoat. 

So, he began an 18-month long siege, sabotaging the location to hasten its failure declaring he wanted to sell out to anybody other than me...

And then he refused all offers without discussion because he would not be able to sell the shares, he did not own without revealing his availing. He did not want to sell it anyway, he wanted it all for himself, without me.

Mr. Paduano says he made poor decisions. He made horrible decisions! Then blamed me for their aftermath.

He caused Todd and I to operate the bar thinking that it was going to be closed every day, no matter what we did to succeed. How can 'anybody' work under those conditions - it is impossible.

He said he 'resented me' for his trying to help me since July 19, 2010.

In Mr. Paduano's mind, he was the victim...so he viciously 'retaliated' against 'me' by taking my bar for himself. Such was his convoluted circle of logic. Strike first to take revenge for absolutely no provocation, and then 'blame the victim' for starting it.

Todd and I were crazy working ourselves to death for only Mr. Paduano's sake. But what would be the consequences if we stopped?

He wrote us: "lawsuits." he already had obtained judgements against me for $70,000.00 placing me in veritable bankruptcy. By this time, we thought he probably would try to collect the money by taking our furniture, tv, and puppy.

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We could barely walk to the bar. And it was only two blocks away. It felt like "walking the plank.' it felt like an after-arrest perp walk. We were devastated.

Mr. Paduano fostered an atmosphere that the bar would be closed on a moment's notice every single day.

We could not, ethically, hire a single new professional employee without telling them the situation. We did not need to. They could figure it out for themselves.

We did not want Mr. Paduano walking into the bar with bodyguards, locksmiths, and police while we were sitting there -- just like the former investors so horribly did to us...almost killing Todd, who had serious open-heart surgery just three weeks before.

After their wannabe takeover, the investors were desperate to back their baseless claims of thievery for which they had not a single shred of proof. For the next four years, they hired accountants to repeat unsuccessful audits. There was nothing to find.

In 2013, one of the auditors told me they have never seen a restaurant with records kept as pristine as mine. She told the investors that she did not find one single penny that was not accounted for.

She also told me that she would testify as such. However, when I told the new lawyer (that Mr. Paduano was training using the feckless slander lawsuit) he thought it was necessary to instantly send her an 'unnecessary threatening' deposition notice. She 'ran' into the investor's arms for their lawyer's protection.

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"Poor decision to help us." - we never asked for his help. We asked for Ruth's help because she was arguably the most trusted businesswoman in the country and might be able to bring the parties together and avoid a lawsuit. Instead, Mr. Paduano started one.

"Playing the hero" - to his wife, Ruth, who thought he was helping me.

"INnvoke the (286 LLP) operating agreement" in which he going to do what? Complain to JUDGE COINthat he availed my bar from me before I ever got it back:

RUTKIN VS. REINFELD: 1956

·  "A MEMBER OF AN ILLEGAL PARTNERSHIP IS NOT ENTITLED TO ENFORCEMENT OF ANY RIGHT DEPENDING ON THE PARTNERSHIP AGREEMENT."

JANKE V. JANKE 1975.

·  "1T HAS BEEN HELD THAT ONE WHO HAS FAILED TO REGISTER HIS NAME WITH THE STATE LIQUOR AUTHORITY IN OBTAINING A LICENSE, THEREBY VIOLATING THE ALCOHOLIC BEVERAGE CONTROL LAW, CANNOT INVOKE THE POWER OF THE EQUITY COURT TO IMPOSE A CONSTRUCTIVE TRUST ON HIS SHARE OF THE PROCEEDS OF THAT BUSINESS BEING CONDUCTED IN VIOLATION OF STATUTE"

We were "behind $20,000.00" on the ("former investor's") sales tax that Mr. Paduano failed to collect from current revenues because the bar was closed. According to Mr. Walsh's own email of October 2015 displayed on this site - I was only behind for one month. 

Mr. Paduano pressured me to continue the lawsuit against me former investors even though Iseriously wanted out after two long years of going nowhere by 2012 and reiterated my known sentiment for the next 2 years. But he would not let us because "he would not see a dime.”

Moreover, Mr. Paduano admitted the lawsuit he filed a was "impossible to win," as he finally admitted in his emails above.

He put us in an impossible situation the day he wrote his unconscionable 286 LLC agreement. It was "impossible" for Todd and me (or anybody) to work under the conditions he demanded.  THAT IS WHY HIS MISCONDUCT WAS ILLEGAL, IMMORAL, AND UNETHICAL.

MR. PADUANO, WITHOUT ANY LEGAL AUTHORITY REJECTS ALL PROPOSALS FROM SERIOUS RESTAURATEURS THAT APPROACHED ME.  HE INTENDED TO TAKEOVER 100% OF THE BAR WITH HIS LAW FIRM PARTNER, MR. LEONARD WEINTRAUB.

THE RESTAURATEURS HAD ALREADY NEGOTIATED AND PROVIDED THREE DRAFT TERM SHEETS DURING THE SEVERAL MONTHS THEY WERE IN CLOSE TOUCH WITH TODD AND I.  EACH PROPOSAL PROVIDED A PAYMENT PLAN FOR MR. PADUANO. 

MR. PADUANO SIMPLY RESPONDED THAT THE PROPOSALS WERE ALL "D.O.A."  HE WOULD NOT HAVE A SINGLE CONVERSATION  THEM.   WHY?  WHY DID HE WANT TO GO ON WITH A "DEAD DOG JAKE" COMPANY INSTEAD OF A "GOOD GUY JOE"

MY QUESTION IS:  ON WHAT BASIS DID MR. PADUANO ALSO DECIDE THAT HE COULD RUN MY BAR BETTER THAN TODD AND I?  HAD HE, HIMSELF,  NOT WITNESSED AND LEARNED FROM THE RISE AND FALL OF BOTH MY BARS BECAUSE OF NARCISSISTIC MEDDLING INVESTORS?  

OF COURSE HE DID.  THAT WAS WHAT HIS LAWSUIT AGAINST THEM WAS ALL ABOUT.   BUT, BEING A NARCISSISTIC MEGALOMANIAC, HIMSELF, OF COURSE MR. PADUANO THOUGHT HE WAS BETTER THAN ALL THAT CAME BEFORE HIM.

MR. PADUANO EMAILED ME THAT I SHOULD CUT THE STAFF, AT THE SAME TIME AS I SHOULD INCREASE THE HOURS OF OPERATION.  

HE SENT ME OVER A DOZEN EMAILS COMPLAINING "EVERY SINGLE RESTAURANT" IN THE NEIGHBORHOOD WAS OPEN FOR BREAKFAST EXCEPT WINE & ROSES, WRITING "ALL OF THEM CAN'T BE WRONG."  

THE BAR WAS BARELY OPEN A MONTH...AND MR. PADUANO WAS ALREADY HAMMERING ME FOR NOT FOLLOWING HIS RIDICULOUS AND DESPERATE DEMANDS BEFORE WE HAD A REAL STAFF OR A WORKING POS SYSTEM, A SECURITY SYSTEM, AND NEED I GO ON?

WE DID NOT HAVE A REAL CHEF, MUCH LESS THE MINIMUM OF THREE THAT WE WOULD NEED TO ALTERNATE IN 18 HOUR WORK SHIFTS IF WE OPENED AT 8:00AM IN THE MORNING, IGNORANTLY STATING ALL OTHER BARS DID.

SHOW ME A BAR THAT OPENS IN THE MORNING ON WEEKDAYS IN A 'RESIDENTIAL' NEIGHBORHOOD, AND I WILL SHOW YOU A BAR THAT GOES BANKRUPT.

MR. PADUANO TURNED WINE & ROSES INTO JUST ANOTHER ORDINARY WINE BAR THAT WAS OPENING LIKE A 9TH AVENUE DELI WITH NO FAN FARE IN THE MIDDLE OF THE HOT SUMMER, WITH THE STREET BEING STRIPPED AND PAVED WITH HOT STEAMING TAR FOR MONTHS. 

WHAT RIGHT DID MR. PADUANO HAVE TO TAKE OVER MY BAR IN THE FIRST PLACE?  WHAT BUSINESS WAS IT OF HIS HOW I RAN MY BAR? 

HE WANTED TO RUN IT HIS WAY - WHATEVER THAT WAY WAS SUPPOSED TO BE.  IT WAS NOT EVEN THE WRONG WAY, IT WAS NO WAY.

MR. PADUANO CONCLUDED HIS SHAMELESS  MAY 5, 2014 COURT ROOM SPEECH BY ASKING THESE THREE QUESTIONS:

• "WHO IS PLAYING IT STRAIGHT?"
• "WHO IS BEING FAIR AND HONEST?"
• "WHO IS THE TRUSTWORTHY PARTNER?" 

IS THERE ANY DOUBT?

FOR WHAT GOOD REASON WOULD ANYBODY REJECT AN FOR WHAT GOOD REASON WOULD ANYBODY REJECT AN OFFER FROM THE LANDLORD TO EXTINGUISH $63,900.63 OF PAST DEBT???

INSTEAD, MR. PADUANO VINDICTIVELY FORCED ME INTO BANKRUPTCY.  I WAS THE ONE THAT OWED THE $63,900.63 TO THE LANDLORD AS THE ONLY LEASEHOLDER AND OWNER.  THAT IS WHY HE DID NOT TAKE THE OVERLY GRACIOUS DEAL THE LANDLORD OFFERED.

TODD AND I ALWAYS ACTED WITH GOOD INTENTIONS, EVEN WHILE Mr. Paduano DID NOT.  We did not know how to act with bad intentions to anyone, ever.  

Mr. Paduano expects people to act in bad faith to him - because he is a lawyer CREATING FALSE NARRATIVES and fights with people every day for a living.  Simple.

Todd and I earn our much more modest living by making people happy.  More simple.

FROM DAY ONE MR. PADUANO MADE HIS OWN LAWS IN HIS OWN SELF-INTEREST THAT SUPERSEDED CLEAR GOVERNMENT STATUTES. 

ADDITIONALLY, MR. PADUANO'S LAWS SUPERSEDED EACH OTHER DEPENDING ON WHO HE WAS SPEAKING TO ABOUT WHAT. 

HE BLACKMAILS ME, ORDERS ME NOT TO SPEAK TO MY OWN LANDLORD WHO IS HOLDING MY LEASE DEPOSIT OF APPROXIMATELY $35,000.00. 

MR. PADUANO WROTE HE WAS "WORKING WITH THE LANDLORD." THIS WAS A COMPLETE FABRICATION ACCORDING TO MY LANDLORD. IN FACT, MR. PADUANO RIPPED OFF MY LANDLORD FOR $63,900.63 AND THEN GUTTED THE BAR.

MR. PADUANO WAS DESPERATE TO KEEP ALL PARTIES SEPARATED OR HIS LIES WOULD UNRAVEL. HE EMAILED ME FLAT OUT LIES THAT THE LANDLORD WAS ON HIS SIDE, AGAINST ME.

 HE THREATENED ME IN WRITING WITH BLACKMAIL IF I EVER CONTACTED 'MY' LANDLORD AGAIN. 

MY LANDLORD TOLD ME THAT HE WOULD "NEVER GIVE MR. PADUANO A LEASE."

MR. PADUANO'S OFFERS ME THE PROCEEDS (A FEW HUNDRED DOLLARS I HAD NEVER ASKED FOR) FROM HIS TOTALLY ILLEGAL LIQUIDATION SALE WITHOUT A LIQUIDATION PERMIT FROM THE SLA.  HIS INSULTING OFFER WAS TO TRY TO GET ME INVOLVED IN HIS ILLEGAL ACTIVITY SO THAT HE COULD BLAME ME.  WHAT RIGHT DID HE HAVE TO BLAME ME FOR ANYTHING?  HIS BUSINESS WITH ME SHOULD HAVE ENDED ON MAY 5, 2014 -INSTEAD OF BEGINNING IT.

MR. PADUANO REJECTS ALL PROPOSALS FROM POTENTIAL INVESTORS AS "DEAD ON ARRIVAL."  HE CALLED THEM ALL "NON-STARTERS."

HE WROTE THAT THE DEALS ARE GOOD FOR ME...BUT NOT FOR HIM.  

WHY WOULD HE NOT LET ME PAY HIM OFF THE $150,000 OVER TIME?  HE WAS ON A MISSION TO DESTROY MY REPUTATION AND LIVELIHOOD IN ORDER TO BURY HIS FRAUDS TO DATE.

MR. PADUANO TRIED TO PREVENT ME FROM CONTROLING MY BAR EVEN AFTER HE WAS LONG GONE.

***HIS "OTHER" OPTIONS WERE PLENTIFUL:**** 

FOR ONE, HE COULD STOP THREATENING ME, AND SELL ME BACK HIS ILLEGAL 51% CONTROLLING INTEREST FOR $15O,000.00 OVER TIME.  I NEVER OWED HIM $400,000.00 -- OR MY BAR.

MY LANDLORD SAID MR. PADUANO NEVER CALLED HIM ABOUT ANYTHING INCLUDING THE  LANDLORD'S OFFER TO ERADICATE $63,900.63 INCURRED BY MR. PADUANO CLOSING THE BAR AND ACCUMULATING RENT.   MY LANDLORD SAID THAT "HE WAS 'NOT' WORKING WITH MR. PADUANO" TO TAKE OVER THE BAR.  HE SAID HE WOULD NEVER GIVE HIM THE SPACE. 

In November 2014, the landlord had already given me a proposal for a new lease. 

Mr. Paduano refused to approve it. He wanted to close the bar instead. He demolished and gutted it so that i would be back to square one...'having to pay another several hundred thousand to rebuild it...again.' 

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At the time of the court settlement on May 5, 2014, the landlord had already served a final eviction notice on my former partners. Mr. Paduano knew this.

I could have simply waited a few months for that to happen to own Wine & Roses 100% without any investors, and without having an immediately payable half million-dollar debt to work off for Mr. Paduano's bar.

Instead, Mr. Paduano kept himself in the middle to prevent what was best for me, because "there would be nothing in it for him." and that was his modus-operandi throughout.

My landlord 'discontinued' the litigation CAUSED BY MR. PADUANO against Todd and I ...and 'continued' it against Mr. Paduano, Mr. Weintraub, Paduano & Weintraub LLP, and 286 Columbus Avenue Partners LLC.

My Landlord did not know Paduano had ZERO legal association with Wine & Roses. Everyone was intentionally confused by Mr. Paduano including Todd and me.  At the time we never heard of the crime of AVAILING.

My Landlord said in his whole career managing dozens of buildings he had:

   "never seen anyone act as atrociously as Mr. Paduano."

Mr. Paduano had been holding the location hostage accumulating months of arrears in order to achieve this eviction notice. 

That was what Mr. Paduano wanted. Because I was the only party 100% responsible. So, the made sure to deplete my deposit of $30,000 held by the landlord.

Todd and I were the only LEGAL existing signees on the lease after the settlement.

* (John Gruen is a former investor that no longer had participation and was supposed to be taken off the lease after the May 5, 2014, settlement).

DISCLAIMER:  I am not a lawyer.  My opinions and descriptions of the emails and documents displayed on this website, and my chosen nomenclatures for them, are strictly derived from my own layperson's understanding of the definitions of the applicable statutes and torts in basic legal reference manuals and guides. All references to "crime" are alleged and used in accordance with its colloquial definition: A grave offense, especially against morality. Reprehensible, foolish, or disgraceful. Evil, shameful, or wrong. 

MR. PADUANO DOUBLES HIS EFFORTS TO STEAL W&R 

WHEN HE SEES THE MONTHLY REVENUES, JENNIFER CREATED DESPITE HIS UNETHICAL MISCONDUCT AND ACTIVE SUBTERFUGE TO UNDERMINE THE BAR AND TAKE IT OVER FOR HIMSELF AND HIS PARTNERS. 

UNFORTUNATELY, FOR MR. PADUANO, THE LANDLORD HAD NEVER SEEN SUCH BAD BEHAVIOR AS MR. PADUANO'S, AND SO REFUSED TO GIVE HIM A NEW LEASE  FOR THE LOCATION.  

IN RETALIATION, MR. PADUANO GUTTED THE RESTAURANT DOWN TO ITS SUPPORT BEAMS SO THAT I WOULD HAVE TO WORK ANOTHER 5 YEARS TO PAY OFF ANOTHER SEVERAL HUNDRED THOUSAND TO REBUILD IT FROM SCRATCH.