Convenience store owner sued by partner for allegedly terminating ownership interest

By Gloria Parker | Jul 7, 2015

NEW ORLEANS – A man is suing his partner at a convenience store in which he claims he had an ownership stake for allegedly terminating his rights to the business and not providing him with a percentage of a insurance claim after the store was damaged.

Ana M. Rabee filed suit against Sameer S. Mohammed and McKenzie Food Store Inc. on April 15 in the Orleans Parish District Court.

The plaintiff claims that on Jan. 1, 2012 he and Mohammed entered into an agreement whereby they would be partners and co-owners of McKenzie Food Store Inc. according to the percentage of money paid by each party. Rabee alleges he paid $70,000 for his share in the business and that the percentage stake was reduced in writing on Sept. 30, 2011. The plaintiff also asserts he made payments under the agreement to purchase a share of this business, and for lease payments, utilities, licensing, insurance, deposits and taxes. In addition, Rabee contends the defendant knowingly accepted the payments without any complaints or refusal of same and as a result the defendants have been enriched by the payments.

After the parties entered into the agreement the business was allegedly damaged and as a result of the damage an insurance claim was submitted to the its commercial carrier. As a shareholder/owner the plaintiff claims he is entitled to his share of the claim associated with the business.Further, the plaintiff alleges he was ejected from the business without cause. The defendant allegedly refused to honor the parties written agreement while the plaintiff was employed by the defendant McKenzie Food Store Inc. and did not pay the plaintiff $700 weekly for employment.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for financial loss, loss of past wages, loss of enjoyment and loss of profits.

Plaintiff is represented by Hester R. Hilliard of New Orleans-based Hilliard Law Firm.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2015-3528.

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