The model and the presenter Zuleyka Rivera He still has a chance to collect the money the Kress stores allegedly owe him after the United States Court of Appeals for the First Circuit dismissed the suit for breach of contract and damages in federal court in Puerto Rico to proceed.
The United States Court of Appeals for the First Circuit did not accept the order to dismiss the lawsuit granted by the federal court on the island, so the Miss Universe 2006 millionaire lawsuit is still active.
Rivera maintained an agreement with Kress from 2009 to 2012. After that date, the agreement was verbally amended, specifying a fixed payment and extended through 2018. Payment for the final year of the contract was not met, so in 2020 Rivera filed a breakdown for the money owed and a request to stop and desist from advertising and selling items under its brand. Mr. Edwin Prado, representing Rivera, indicated this Wednesday that the amount owed is no less than $200,000.
Puerto Rico’s Kress Stores and its general manager, Mark Berezdivin, then acknowledged the debt and made a partial payment with the intention of paying it off through a payment plan. Rivera later explained that he did not agree to a revised payment plan and that his goods would continue to be available for sale in physical stores and online. He then turned to the court with a millionaire lawsuit for breach of contract and damages for allegedly using his image without his permission.
In the middle of this month it became apparent that Kress would close its branches after 50 years of history in the local trade. Regarding how this will affect collecting the money Rivera is asking for, his attorney indicated that the Kress stores have not filed for bankruptcy, and yet there will be some insurers that should respond on the matter. The claim also extends to the managing director Mark Berezdivin in his personal capacity.