NY BAGEL SCAM WARNING Joe Smith Dennis Mason Franchise Lawsuits
The NY Bagel Café franchise opportunity is marketed and sold by president Joseph Smith (aka Joe Smith) and franchise salesman Dennis Mason (aka Ken Mason, aka Keith Samuels, aka Denis Mason, aka Brian Scofield). Prospective franchisees should be aware that not only does the franchise have an extraordinarily high failure rate, Joe Smith and Dennis Mason have had more than numerous franchise lawsuits and many franchise complaints against them.
(NY BAGEL SCAM) NY Bagel Café president Joe Smith and infamous franchise scammer Dennis K. Mason have a rather lengthy list of franchise disputes, lawsuits & controversies.
Finding and verifying all of the lawsuits is a difficult and time-consuming process, but here is our working list to date.
Be sure to also read: NY Bagel Café Franchise Scam Overview
Please share anything you know about these or other legal actions with a comment below or by emailing us at NYBagelFranchiseScam[at]gmail.com.
2017 – NY Bagel Scam Fined More than $700,000
This investigation was the result of a complaint filed and information provided by UnhappyFranchisee.Com.
Also read: NY BAGEL CAFÉ Guilty of Fraud, Fined $764,899.33
2015 – NY Bagel Café Scam Exposed by Maryland Attorney General
State of Maryland Enforcement Order – Final Order to Cease & Desist 10/8/15, The Office of the Attorney General of Maryland issued a Final Order to Cease and Desist In the Matter of: NY Bagel Enterprises, Inc., SMS, Inc., Joseph V. Smith, Dennis Kenneth Mason, finding that Dennis Mason has continued his pattern of disregarding franchise laws and deceiving would-be franchisees with illegal earnings claims.
This investigation was the result of a complaint filed and information provided by UnhappyFranchisee.Com.
Also read: NY BAGEL CAFÉ Franchise Fraud Investigation by MD Attorney General
2013 NY Bagel Scam Loses Multiple Lawsuits, Judgements of $400,000
Huebner v. NY Bagel Enterprises, Inc. NJ Court (LCV) County: Morris Docket # L 001814 12 In 2013, an arbitrator awarded Rockaway, NJ franchisee Min Huebner $385,000 in Huebner v. NY Bagel Enterprises, Inc. Dennis Mason was named as a co-defendant.
MOHAMED ELSAID, v. NY BAGEL ENTERPRISES, INC., JOSEPH SMITH and DENNIS MASON L – 7968-11 SUPERIOR COURT OF NEW JERSEY LAW DIVISION – BERGEN COUNTY NJ resident Mohamed Elsaid, he was sold a NY Bagel franchise in 2011 by Dennis Mason & Joe Smith. His contract stated that his franchise fee was refundable if he failed to get funding but they refused to honor the agreement. He took them to court and won a judgement but has been unsuccessful in collecting.
RIMA ALBARQAWI, BASSAM M. BARQAWI, BASIL M. ALBARQAWI v. NEW YORK BAGEL ENTERPRISES, INC. AND JOE SMITH UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Joe Smith’s New York Bagel Enterprises, Inc. was sued by Bassam M. Barqawi, Basil M. AlBarqawi, Rima AlBarqawi, for a $29,500 franchise fee in 2011 which was not returned. Neither Smith nor Mason would return their calls once they had the money, forcing the AlBarqawi’s to sue.
2011 NY Bagel Scam Loses Lawsuits, Ordered to Pay Hundreds of Thousands
Jeanette Mora v. New York Bagel Enterprises, Inc., et al., American Arbitration Case No. 18 114 e 730 10, decided in January 2011. Ms. Mora brought a claim against us for a refund of her franchise fee of $29,500 because she was unable to obtain financing for her franchise. We had made her franchise contingent on Ms. Mora being able to obtain financing, after she had provided us with information about her creditworthiness. While we presented evidence showing that the information she had provided us was
incorrect, the arbitrator ruled in favor of Ms. Mora and awarded her $29,500 in damages. We are paying off the award to Ms. Mora at the rate of $1,000 per month. (Source: 2012 FDD, Maryland)
GORDON CUNNINGHAM, CHRISTINE MASON and NYB (KENNETT) LLC v. N.Y. BAGEL ENTERPRISES, INC., JOSEPH SMITH, and DENNIS MASON
The lawsuit states: “When Cunningham inquired about purchasing an NY Bagel franchise in the Summer of 2009, Defendant Mason told him that NY Bagel franchised stores were earning $10 ,000 to $15,000 per week in revenue.
When Cunningham visited franchised locations in September 2009 with Mason and Smith, Mason repeated the representation that franchised locations were earning $10,000 to $15,000 per week… After opening the franchise, Plaintiffs learned that the financial performance representations, the representations about food costs, and representations in the FDD were false, misleading, and often incomplete… In total, Plaintiffs have invested and lost roughly $230,000 in the business and Cunningham has taken on personal lease obligations of which roughly $150,000 remain…”
2009 Dennis Mason Sued by Java’s Brewin’ Franchisees, Goes Bankrupt
Dennis Mason sued by Java’s Brewin franchisee
Cutrone v. Java’s Brewin Development, et al, case number MON-L-4639-06
Superior Court of NJ, Docket No. L-4639-06 (N.J. Super. April 7, 2009) (Jamie S. Perri, P.J.Cv., entered a judgment for Plaintiffs against franchisor, principal in franchise company and franchise sales person for fraud and various contract claims, with interest, attorney’s fees and costs in the amount of $241,646 on behalf of three individuals who invested money to purchase and operate a Java’s Brewin’ franchise).
Dennis Mason – Chapter 7 Bankruptcy
New Jersey 09-11934-KCF Judge: Kathryn C. Ferguson
Date filed: 01/29/2009 Debtor discharged: 05/20/2009 Date terminated: 06/17/2009
Cafe Brewing Int’l v. Java’s Brewin Development, et al, case number not available
Superior Court of NJ, Law Division, Middlesex County
2008 Dennis Mason Sued by Franchisees of Multiple Companies
Dennis Mason sued in franchise dispute
Russell Caporelli v. Dennis Mason, et al, case number BER-L-7179-08
Superior Court of NJ, Law Division, Bergen County
Dennis Mason sued by Java’s Brewin franchisees
DiPietro, et al v. Java’s Brewin Development, et al, case number 1:08-cv-1620 US District Court, Eastern District of NY Division, Monmouth County This lawsuit involved allegations of an illicit scheme that Mason and others employed to deceive and induce the plaintiffs into purchasing franchises.
Read the complaint: DiPietro, et al v. Java’s Brewin Development
NY Bagel, Joe Smith, Dennis Mason sued by Franchisee
Jhagroop v. New York Bagel Franchise, et al, case number 2008-01358
Supreme Court of the State of New York, Orange County
2007 Dennis Mason Sued by Java’s Brewin’ & Amazon Café Franchisees
Dennis Mason sued by Amazon Café franchisee
Abate v. Amazon Systems, L.L.C., et al, case number AAA 14 114 Y 00399 07
American Arbitration Association
Dennis Mason sued by Java’s Brewin franchisee
Venturine v. Java’s Brewin Development, et al, case number MON-L-385-07
Superior Court of NJ, Law Division, Monmouth County
2000 Dennis Mason Sued by Petrucci’s Franchise Owners
Dennis Mason sued by Petrucci’s franchisees (Stewart, Michele S., MSDS Holdings, Inc. vs. Petrucci’s Franchising, Inc., Petrucci, Michael W., Petrucci, Michael D., Mason, Dennis, Franchises Unlimited, Inc.)
Date filed: 12/26/2000 Date of last filing: 04/10/2003 Date terminated: 04/10/2003
Dennis Mason sued by Petrucci’s franchisees (That’s The Scoop Enterprises, Inc. vs. Petrucci’s Franchising, Inc. , Petrucci, Michael D. , Petrucci, Michael W. , Mason, Dennis, Franchises Unlimited, Inc.)
Filed: 12/26/2000 Terminated: 11/09/2001 Office: Camden, NJ
Dennis Mason Lawsuits & Bankruptcy Prior to 2000
1997
Dennis Mason – Mike Schmidt’s Philadelphia Hoagies failed franchises controversy
Philly.com article: Franchisees Strike Out Despite Hall Of Fame Name
The Mousleys had operated one of 10 franchises bearing the Schmidt name, all in eastern Pennsylvania and South Jersey. Now, all but one of them have closed – victims of lagging sales and, the franchisees say, too little help from the company… Four franchisees in the group were forced to close their stores and are preparing to file for bankruptcy.
They also are preparing to sue Mike Schmidt’s Philadelphia Hoagies and its owners, Richard Speeney and his sons, alleging misrepresentation, deception and possible fraud. They also plan to sue Dennis Mason, the salesman who sold them the franchises… Mason said he was not liable, because he had given the franchisees the information given to him by the franchiser.
Dennis Mason & his company sued (DGG Inc. et al v. Motorwerks Inc, Dennis Mason, Franchises Unlimited et al)
Filed: 7/10/1997 in Baltimore County, MD Demand: $250,000
1988
Windmill Franchise Corporation Vs. Mason
State of New Jersey # ESX L 012985 96 Mason was sued by the franchisor of Windmill Hot Dogs.
1987
Dennis Kenneth Mason – Chapter 7 bankruptcy
New Jersey 87-00121-JHW
Dennis Kenneth Mason Chapter 7 bankruptcy Judge: Judith H. Wizmur
Date filed: 01/08/1987 Date discharged: 08/07/1987
ARE YOU FAMILIAR WITH THE NY BAGEL SCAM, NY BAGEL FRANCHISE, DENNIS MASON OR JOE SMITH?
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Email: NYBagelFranchiseScam[at]gmail.com.
Also read:
NY BAGEL CAFÉ Franchise Graveyard
NY BAGEL CAFÉ Franchise: How Many Have Closed?
How NY BAGEL CAFÉ Hides its Franchise Failures Part 1
How NY BAGEL CAFÉ Hides its Franchise Failures Part 2
[UPDATED] Joe Smith, Dennis Mason & NY Bagel Café Franchise Exposed: 10 Things You Should Know