The co-owner of a South Philadelphia pizzeria sued in a partnership dispute for allegedly taking money from the joint enterprise's bank account and trying to cut his partner out of the business denied any wrongdoing in a recent court filing.

Defendant Nicholas Apadula told a Philadelphia judge in his response to a motion for a preliminary injunction Friday that his partner, plaintiff Dejvi Furxhi has no right to any proceeds from Enzo's Pizzata because he "abandoned" the business. Apadula said Furxhi only visited the business on two occasions and never stayed a full day when he did show up.

"Nicholas Apadula withdrew funds from said account since its opening in June 2022 to fund the operation of the business," Apadula's response said. "Plaintiff has abandoned the business and other than 2 days mentioned above, took no part in the operation of the business. Plaintiff was fully reimbursed for his initial interest and then some without ever working at the business which he was required to do. Withdraws were used for business purchases and payroll."

Apadula characterized Furxhi as an investor in the business who benefited from the arrangement. He said Furxhi "has a known history of investing in business and then abandoning them and then making unreasonable demands to the person who actually does all the work at the business."

Furxhi filed his lawsuit against Apadula and Enzo's on Sept. 18. The suit consisted of breach of contract, breach of fiduciary duty and unjust enrichment claims against Apadula and an LLC.

Furxhi said Apadula took more than $170,000 from the business' bank account without permission. Furxhi said he requested that Apadula return the funds, but he failed to do so.

After demanding the money back, Apadula created a new entity called Enzo's Pizza Kitchen LLC, which Furxhi claimed was done to "circumvent" his operation of the pizzeria.

In addition to seeking money damages, Furxhi asked the court for a preliminary injunction requiring Apadula to cease and desist operating under the name Enzo's Pizza Kitchen LLC.

Furxhi is also seeking attorney fees and costs associated with the litigation.

Attorneys for the parties did not immediately respond to requests for comment Tuesday.

Furxhi is represented by Jon A. Thielen of Corporate Counsel LLC.

Apadula and Enzo's are represented by Vincent N. Melchiorre of DeFino Law Associates PC.

The case is Furxhi v. Apadula et al., case number 250901987, in the Court of Common Pleas for Philadelphia, Pennsylvania.