Preview
FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
–––––––––––––––––––––––––––––––– X
NATURAL ORGANICS, INC., GLOBAL HEALTH
LABORATORIES, LLC, NATURAL ORGANICS
LABORATORIES, INC., INTEGRATED PUBLISHING, Index No.
INC., 2500 GRAND AVENUE CORP., EXECUTIVE
BOULEVARD LLC, CBS DEVELOPMENT, LLC, MY Date of Purchase:
STAR ENTERTAINMENT II, INC., and CIRCLE K
RANCH CORP., SUMMONS
WITH NOTICE
Plaintiffs,
-against-
JAMES GIBBONS, ISLERO GROUP, LLC, and
MINOTAUR MANAGEMENT GROUP, LLC,
Defendants.
–––––––––––––––––––––––––––––––– X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint is not served with
this summons, to serve a notice of appearance and/or a demand for the
complaint, upon plaintiffs’ attorney within twenty (20) days after the service of
this summons, exclusive of the day of service, or within thirty (30) days after
service is complete if this summons is not personally delivered to you within the
State of New York. In the event of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded herein.
Dated: Uniondale, New York
October 29, 2021
RUSKIN MOSCOU FALTISCHEK, P.C.
Mark S. Mulholland
By:
Mark S. Mulholland, Esq.
John A. DeMaro, Esq.
Attorney for Plaintiffs
1425 RXR Plaza
East Tower, 15th Floor
Uniondale, New York 11556
(516) 663-6600
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FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021
To: JAMES GIBBONS
Defendant
7 Nadia Court
Smithtown, NY 11787
ISLERO GROUP, LLC
Defendant
7 Nadia Court
Smithtown, NY 11787
MINOTAUR MANAGEMENT GROUP, LLC
Defendant
7 Nadia Court
Smithtown, NY 11787
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FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021
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PLEASE TAKE NOTICE
I. Nature of Action
This state law action concerns defendant James Gibbons’ faithless
misconduct while serving as the President of plaintiff Natural Organics, Inc.
(“NOI”) and as a controlling officer or manager of NOI’s affiliated co-
plaintiffs, for which NOI seeks compensation, including as to causes of action
against Gibbons and his wholly owned companies, Islero Group, LLC (“Islero”)
and Minotaur Management Group, LLC (“Minotaur”), for breach of contract,
breach of fiduciary duties, actual and constructive fraud, conversion, unjust
enrichment, monies had and received, replevin, aiding and abetting breach of
fiduciary duty, aiding and abetting fraud, and aiding and abetting
conversion, with specific claims based on, inter alia, (a) defendant Gibbons’
expenditure of $627,000 of plaintiffs’ funds to buy and renovate his private
residence; (b) defendant Gibbons’ misappropriation of what he improperly
sought to justify as “commissions” totaling approximately $609,162; (c)
unauthorized purported “management” fees totaling approximately $384,000;
(d) payments of approximately $43,909 to Gibbons’ personal acquaintance for
no valid corporate or business purpose; (e) payment of storage-unit lease
expenses for defendants’ private benefit in the approximate amount of
$83,150 for no valid corporate or business purpose; (f) payments to defendant
Gibbons in the approximate amount of $99,175 under the guise of expense
reimbursements with no corporate or business purpose; (g) payments of
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FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021
$690,194 and borrowings of $298,082 for luxury automobiles for defendant
Gibbons’ personal use with no corporate or business purpose; and (g)
payments of approximately $223,200 to purchase artwork selected by
defendant Gibbons for his personal use with no corporate or business
purpose.
II. Relief Sought
In this action, plaintiffs demand and seek: (1) money damages in an
amount to be finally proven at trial and known to exceed $3,057,872 plus pre-
judgment and post-judgment interest as allowed by law; (2) declaratory relief
adjudicating and determining that Ilsero and Minotaur are alter egos of
Gibbons and liable for any judgments herein entered against Gibbons
individually; (3) an order directing defendants to return to plaintiffs all
property proven to be in defendants’ custody or control belonging to plaintiffs;
(4) punitive damages; (5) an award of attorney’s fees, costs and expenses
incurred by plaintiffs in connection with this action as authorized by law; and
(6) such other and further relief as the Court deems just and proper.
TAKE FURTHER NOTICE that, upon your failure to appear,
judgment will be taken against each and all of you by default for the
relief sought herein, together with interest, costs and disbursements.
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Preview
FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK –––––––––––––––––––––––––––––––– X NATURAL ORGANICS, INC., GLOBAL HEALTH LABORATORIES, LLC, NATURAL ORGANICS LABORATORIES, INC., INTEGRATED PUBLISHING, Index No. INC., 2500 GRAND AVENUE CORP., EXECUTIVE BOULEVARD LLC, CBS DEVELOPMENT, LLC, MY Date of Purchase: STAR ENTERTAINMENT II, INC., and CIRCLE K RANCH CORP., SUMMONS WITH NOTICE Plaintiffs, -against- JAMES GIBBONS, ISLERO GROUP, LLC, and MINOTAUR MANAGEMENT GROUP, LLC, Defendants. –––––––––––––––––––––––––––––––– X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance and/or a demand for the complaint, upon plaintiffs’ attorney within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In the event of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: Uniondale, New York October 29, 2021 RUSKIN MOSCOU FALTISCHEK, P.C. Mark S. Mulholland By: Mark S. Mulholland, Esq. John A. DeMaro, Esq. Attorney for Plaintiffs 1425 RXR Plaza East Tower, 15th Floor Uniondale, New York 11556 (516) 663-6600 1 of 4 FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021 To: JAMES GIBBONS Defendant 7 Nadia Court Smithtown, NY 11787 ISLERO GROUP, LLC Defendant 7 Nadia Court Smithtown, NY 11787 MINOTAUR MANAGEMENT GROUP, LLC Defendant 7 Nadia Court Smithtown, NY 11787 2 of 4 FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021 PLEASE TAKE NOTICE I. Nature of Action This state law action concerns defendant James Gibbons’ faithless misconduct while serving as the President of plaintiff Natural Organics, Inc. (“NOI”) and as a controlling officer or manager of NOI’s affiliated co- plaintiffs, for which NOI seeks compensation, including as to causes of action against Gibbons and his wholly owned companies, Islero Group, LLC (“Islero”) and Minotaur Management Group, LLC (“Minotaur”), for breach of contract, breach of fiduciary duties, actual and constructive fraud, conversion, unjust enrichment, monies had and received, replevin, aiding and abetting breach of fiduciary duty, aiding and abetting fraud, and aiding and abetting conversion, with specific claims based on, inter alia, (a) defendant Gibbons’ expenditure of $627,000 of plaintiffs’ funds to buy and renovate his private residence; (b) defendant Gibbons’ misappropriation of what he improperly sought to justify as “commissions” totaling approximately $609,162; (c) unauthorized purported “management” fees totaling approximately $384,000; (d) payments of approximately $43,909 to Gibbons’ personal acquaintance for no valid corporate or business purpose; (e) payment of storage-unit lease expenses for defendants’ private benefit in the approximate amount of $83,150 for no valid corporate or business purpose; (f) payments to defendant Gibbons in the approximate amount of $99,175 under the guise of expense reimbursements with no corporate or business purpose; (g) payments of 3 of 4 FILED: SUFFOLK COUNTY CLERK 10/29/2021 12:36 PM INDEX NO. 620566/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/29/2021 $690,194 and borrowings of $298,082 for luxury automobiles for defendant Gibbons’ personal use with no corporate or business purpose; and (g) payments of approximately $223,200 to purchase artwork selected by defendant Gibbons for his personal use with no corporate or business purpose. II. Relief Sought In this action, plaintiffs demand and seek: (1) money damages in an amount to be finally proven at trial and known to exceed $3,057,872 plus pre- judgment and post-judgment interest as allowed by law; (2) declaratory relief adjudicating and determining that Ilsero and Minotaur are alter egos of Gibbons and liable for any judgments herein entered against Gibbons individually; (3) an order directing defendants to return to plaintiffs all property proven to be in defendants’ custody or control belonging to plaintiffs; (4) punitive damages; (5) an award of attorney’s fees, costs and expenses incurred by plaintiffs in connection with this action as authorized by law; and (6) such other and further relief as the Court deems just and proper. TAKE FURTHER NOTICE that, upon your failure to appear, judgment will be taken against each and all of you by default for the relief sought herein, together with interest, costs and disbursements. 4 of 4