The Charles and Jeanette Bonfiglio, et al  vs. Gaston Damian Harreguy, et al

Case Background

On February 22, 20119, Plaintiff  Charles J & Jeanette Bonfiglio Family Limited Part and others filed a breach of contract lawsuit in the Florida State, Broward County, Seventeenth Circuit Court(Case number: CACE22002802). Keathan Frink presided over this case.

Cause

The Charles and Jeanette Bonfiglio Family Limited Partnership filed a comprehensive legal action against Nova Auto Shop LLC, alleging significant breaches of a Commercial Lease Agreement. On August 24, 2019, the partnership signed a fifteen-year lease for a non-residential property located at 12585 West Sunrise Blvd., Sunrise, FL 33323. The lease, effective from September 1, 2019, to September 1, 2034, included robust personal guarantees from three individual defendants: Gaston Damian Harreguy, Lucas Adrian Harreguy, and Bernardo Jose Abramovich.

Injuries

The Plaintiff suffered significant financial losses when Nova Auto Shop failed to meet its contractual payment obligations. The company defaulted on its lease, accruing unpaid rent and late fees totaling $229,374.85. This Commercial Lease Breach severely impacted the partnership’s expected revenue stream and property investment returns. Persistent non-payment created economic hardship, prompting the Plaintiff to pursue legal recourse to recover the funds and protect its commercial real estate interests

Damages

Each personal guarantee claim requested judgments against the guarantors for the full damages, including court costs, attorneys’ fees, and additional relief as deemed appropriate. By pursuing these claims, the Bonfiglio Family Limited Partnership established multiple avenues to recover damages resulting from the Commercial Lease Breach.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Charles J & Jeanette Bonfiglio Family Limited Part | The Charles | Jeanette Bonfiglio
    • Counsel for Plaintiff: Scott M. Behren
  • Defendant(s): Gaston Damian Harreguy | Bernardo Jose Abramovich | Lucas Adrian Harreguy | Nova Auto Shop Llc
    • Counsel for Defendants: Mois Alejandro Saltiel | Elizabeth Taveras | Matthew Carcano

 Claims

The lawsuit outlined four legal claims aimed at maximizing recovery and holding all responsible parties accountable. The first count alleged a direct Commercial Lease Breach, seeking $229,374.85 in damages from Nova Auto Shop LLC. The remaining three counts targeted the individual guarantors—Gaston, Lucas, and Abramovich—through their signed personal guarantees, expanding the potential sources of financial recovery.

Defense

Nova Auto Shop LLC and Bernardo Jose Abramovich mounted a rigorous defense, denying key allegations and challenging the claims in the complaint. The defendants presented eight affirmative defenses, including the “unclean hands” doctrine, accusing the Bonfiglio Partnership of fraudulent inducement. They alleged the landlord’s own actions, such as improper rent increases and inadequate accounting, caused the Commercial Lease Breach.

Procedural defenses played a central role in their strategy. The defendants argued the plaintiff delayed unreasonably, invoking the doctrine of laches. They contended the Bonfiglio Partnership failed to mitigate damages, structured claims improperly, and violated equitable principles governing commercial leases.

Technical challenges further bolstered the defense. They questioned the plaintiff’s legal standing as a foreign business and its authorization to operate in Florida. Additionally, they scrutinized claim documentation and lease terms, identifying procedural inconsistencies that could weaken the plaintiff’s case.

Substantive defenses addressed contract terms. The defendants argued any payment delays were excusable, citing prior agreements and the landlord’s failure to maintain the property. They claimed specific repair directives from the plaintiff further complicated compliance with the lease terms.

Jury Verdict

On November 12, 2024, the  jury determined that Defendant Bernardo Jose Abramovich breached his personal guarantee by failing to fulfill Nova Auto Shop LLC’s payment obligations under the lease. As a result, the jury awarded the Plaintiff $584,774.24 in damages, concluding the claims for Commercial Lease Breach, the COVID Repayment Agreement, and the personal guarantees.

Court Documents:

Available Upon Request