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Lease lawsuit in the works

Melissa Topey • Aug 27, 2014 at 2:40 PM

4920 Milan Investments, a company of Hoty Enterprises Inc., is suing Cold Stone Creamery Leasing Co. for back rent.

Kula Hoty Lynch declined to comment about pending litigation.

Cold Stone Creamery did not return repeated emails over two days asking for an interview.

The lawsuit recently filed in Erie County Common Pleas Court states Cold Stone Creamery violated its current lease, in effect until September 2016. It states the franchise agreed to lease the space at 4912 Milan Road for $29,700 a year at $2,475 a month.

The complaint states Cold Stone subleased the property to franchisee Yummy Delights, operated by John Holland until October 2013, at which time Holland attempted to improperly sell the business to a third property.

Cold Stone Creamery closed in December 2013, the lawsuit states.

   Hoty’s lease on the property is with Cold Stone Creamery, and as such the ice cream franchise owes the rent, maintenance, taxes, insurance and water bills through Feb. 5 totaling $16,515, the lawsuit states.

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