Peter Fiumara
Peter Fiumara , born September 25th, 1918, was the previous boss of the Fiumara Family located in Boston, Massachusetts, The United States of America. Fiumara owned numerous businesses, and was most known for being the previous owner of the Golden Banana. Fiumara was a highly repected business man in the Boston area. Fiumara died on July 4th, 2005.
Golden Banana Dispute
Efforts to re-open the Golden Banana strip club have been put on hold once again, as the club's owners have filed another suit against the building's landlords.
Rosemarie Fiumara and her sister Nina Fiumara-Cameron, who have been in charge of the defunct club since 2005, filed suit in Peabody District Court Friday alleging that building owners DiBella Realty Trust have refused to provide consent for repairs and licenses needed to reopen the club and unjustly attempted to evict the Fiumara's on several occasions.
The Golden Banana, located at 151 Newbury St., which is also Route 1 North, has been closed due to building and fire code violations since 2003. The Fiumara family, led by Peter Fiumara who died in 2005, has been caught up in a legal battle since 2002, when DiBella Realty attempted to evict Fiumara from the building just one year into a five-year lease.
While a judge eventually ruled in favor of the Fiumara family, the club has been struggling to get back on its feet after Peter's death. Club owners announced earlier this year plans to renovate and bring the building up to code by a Nov. 11 city deadline, but the plan stalled in front of the City Council last month when DiBella refused to sign off on the renovation plans.
The family is suing DiBella on five separate counts, claiming the landlords violated an implied covenant of quiet enjoyment by constantly harassing the lessees, did not keep up an agreement to keep the building up to code for the first five years of the lease, have been unreasonably preventing the lessees from making repairs to the building, violated an agreement of good faith and fair dealing, and is refusing to provide relief.
The lawsuit states that the Fiumaras were willing to pay for the necessary repairs themselves, and only requested the approval from the landlords, despite the initial agreement to keep the building up to code for five years.
According to the lawsuit, the Fiumaras submitted A Plan and building permit to DiBella in June detailing the nearly $500,000 in repairs slated for the club. In order for the club to retain its occupancy permit, entertainment and liquor license, all of the necessary repairs must be completed. The club has already obtained a liquor license, but it will not go into effect until an official occupancy permit is issued.
DiBella's first attempt to evict the club owners came after Peter Fiumara allegedly attempted to open up a second club under the D & B Corporation name, and a second attempt came after Peter's death. According to the lawsuit, the Fiumaras were supposed to have five years at the club with an option to pay $500,000 for another five-year extension, taking the agreement to 2011.
The Fiumaras are seeking "equitable relief" for repair costs and monies lost while waiting for repair approval, and a subsequent approval to go forward with renovations and permit to re-open the club this fall.
A phone call to DiBella Trustee Frances DiBella went unanswered Friday afternoon.