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Araldica Announces Lawsuit Against Owner of Danielle Cheese Distributors; Rescinds Gold Coast Traders Acquisition.


NEW ROCHELLE New Rochelle (rōshĕl`), city (1990 pop. 67,625), Westchester co., SE N.Y., on Long Island Sound; settled by Huguenots 1688, inc. as a village 1858, as a city 1899. , N.Y.--(BUSINESS WIRE)--April 28, 1998--Araldica Wineries Ltd. announced today that it recently filed a lawsuit in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State Supreme Court, in Goshen, Orange County, N.Y., against Jon L. Swan, the owner of Danielle Cheese Distributors Inc. of Goshen, N.Y., seeking to enforce Swan's specific performance of an executed contract dated 15 January 1998, whereby Araldica purchased 100 percent of the capital stock of Danielle from Swan.

The 20 year old Danielle company, purchased by Swan in 1994, was contracted to be sold to Araldica for $1,800,000 in cash, notes and stock by Swan, of Ambridge, Penn.

In its prior press releases of (i) 16 January 1998, announcing the Danielle acquisition, and (ii) 10 March 1998, announcing the company's unaudited, consolidated financial statements Consolidated Financial Statements

The combined financial statements of a parent company and its subsidiaries.

Notes:
Because consolidated financial statements present an aggregated look at the financial position of a parent and its subsidiaries, they enable you to gauge
 for the year ending 31 January 1998, the company had appropriately assumed that the executed Danielle contract would be honored.

This unexpected subsequent event, whereby Swan has reneged on the January contract that he signed with Araldica, may or may not cause the company to have to restate re·state  
tr.v. re·stat·ed, re·stat·ing, re·states
To state again or in a new form. See Synonyms at repeat.



re·state
 its published financials of 10 March, which included the Danielle operation. Whether or not this proves necessary will be determined by the success or failure of the company's pending specific performance litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 filed against Swan, which is anticipated to be decided by the Court before the end of May, 1998, at which time the company will advise the public of the Court's decision, and any impact such decision may have on the company.

In its litigation against Swan, Araldica claims that Swan has reneged on the January contract, refusing both to accept the company's escrowed funds and to go forward as agreed, despite having executed six different agreements, contracts and contract amendments with Araldica.

Louis D. DeSantis, president of Araldica, remarked that "Araldica has every expectation that it will prevail in its attempt to obtain an immediate Court Order forcing the seller to honor the executed contract with our company. The Court has already issued, at the request of Araldica, a Temporary Restraining Order temporary restraining order: see injunction.  against the defendant, commanding that the assets of the Danielle company be protected.

"Further," DeSantis continued, "regardless of the outcome of our request for immediate specific performance relief, Araldica will be pursuing this litigation on behalf of Araldica and its shareholders, seeking compensation for damages relating exclusively to and as a result of Swan's contract default, in the millions of dollars."

In a related development, the Swan default also caused two of Araldica's financings to collapse, the proceeds from which were to fund, among other things, its recent acquisition agreement with "Gold Coast Traders Inc.", a specialty foods distributor, of Bethel Bethel, in the Bible
Bethel (bĕth`əl) [Heb.,=house of God].

1 Ancient city of central Palestine, the modern Baytin, the West Bank, N of Jerusalem.
, Conn.

The Gold Coast acquisition has now been rescinded by the mutual agreement of the parties involved. This event will cause Araldica to have to amend its recently published financial statements; the company anticipates that such amendment will reflect Balance Sheet (Assets and Liabilities) and Income Statement (Revenues and Earnings) reductions of no more than ten percent in any category.

Araldica Wineries Ltd. (OTC/BB symbol "AWLT") is a public company engaged, since 1993, in the nationwide direct marketing of premium Italian olive oils olive oil, pale yellow to greenish oil obtained from the pulp of olives by separating the liquids from solids. Olive oil was used in the ancient world for lighting, in the preparation of food, and as an anointing oil for both ritual and cosmetic purposes.  and specialty/gourmet foods, as well as the direct marketing of custom-labelled premium Italian wines Italy is one of the oldest wine regions in the world. Etruscans and Greek settlers produced wine in the country long before the Romans started developing their own vineyards in the second century BC.  on a state-by-state basis.

CONTACT: Araldica Wineries, Ltd.

Louis D. DeSantis, 914/636-0500

Fax: 914/636-0518

e-mail: araldica@idsi.net

WWW WWW or W3: see World Wide Web.


(World Wide Web) The common host name for a Web server. The "www-dot" prefix on Web addresses is widely used to provide a recognizable way of identifying a Web site.
: www.araldica.com
COPYRIGHT 1998 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Apr 28, 1998
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