Preview
INDEX NO. 150182/2017
FILED: NEW YORK COUNTY CLERK 01/06/2017 03:04 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF 01/06/2017
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
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Conway and Conway Index No.
Plaintiff,
COMPLAINT
v
Robert Ehrlich, SexyPop Popcorn, LLC,
and RAGEF, Inc.,
Defendant.
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Plaintiff Conway and Conway (“Plaintiff”), a law firm located in New York, New York,
submits this instant Complaint against Robert Ehrlich (“Mr. Ehrlich”), SexyPop Popcorn, LLC
(“SexyPop Popcorn”), and RAGF, Inc. (“RAGF” or collectively “Defendants”) and alleges as
follows:
PARTIES
1 Plaintiff Conway and Conway, is a law firm located at 122 E.42nd Street, Suite 1612,
New York, New York 10068.
Defendant Mr. Ehrlich is an individual, upon information and belief, residing in Sea
Cliff, New York.
Defendant SexyPop Popcorn, LLC is a New York limited liability corporation located in
Sea Cliff, New York, 11579.
Defendant RAGF, Inc. is a New York corporation, located in Sea Cliff, New York,
11579.
JURISDICTION AND VENUE
This Court has jurisdiction over this case under § 301 of New York's Civil Practice Laws
and Rules ("CPLR").
lof5
Venue is proper in the Supreme Court of New York, New York County under §503 of
New York's CPLR in that Plaintiffs principal place of business is located in New York,
New York.
Plaintiff hereby waives a jury trial.
FACTS
Plaintiff is a law firm in New York, New York, since 1989, specializing in securities and
commodities litigation, as well as general commercial litigation.
On or around December 28, 2015, Defendants retained Plaintiff to represent them in an
arbitration action before JAMS, a private alternative dispute resolution provider, (“JAMS
Arbitration”) and in an action before the United States District Court, Southern District of
New York (the “S.D.N.Y. Action”).
10. Defendants retained Plaintiff by signing a retainer agreement (the “Retainer Agreement”)
and thereby agreed that in exchange for Plaintiffs services in representing them in the
JAMS arbitration and S.D.N.Y. Action. See Exhibit J, Retainer Agreement.
11 The Retainer Agreement stated that Defendants would pay a retainer of Twenty-Five
Thousand Dollars ($25,000.00) and would be billed hourly for legal services for set rates
for partners, associates, and other staff members.
12. The Retainer Agreement further stated that for the nonpayment of fees an interest rate of
1.5% would accrue from the date of nonpayment until the date of payment.
13. On or around December 28, 2016, Plaintiff began providing legal services to represent
Defendants in the JAMS Arbitration and S.D.N.Y. Action, including communicating with
Defendants, communicating with opposing counsel of the JAMS Arbitration and
S.D.N.Y. Action, drafting and filing pleading documents, drafting and filing motion
2 0f 5
documents and reviewing discovery documents related to the JAMS arbitration and
S.D.N.Y. Action.
14 Ultimately, Plaintiff represented Defendants in the JAMS Arbitration and S.D.N.Y.
Action until the respective forums issued orders containing final dispositions. Plaintiff
also represented Defendants in the confirmation proceedings regarding the JAMS
Arbitration, until the opposing side withdrew the action.
15. Plaintiff is precluded from revealing the underlying facts and conclusions of the JAMS
Arbitration and S.D.N.Y. action due to a confidentiality agreement between Defendant
and the opposing parties.
16 Between December 28, 2015 and December 1, 2016, Plaintiff billed Defendants for legal
services provided, by first billing against the initial retainer of $25,000.00 and then by
sending periodic invoices, containing the outstanding balances Defendants owed to
Plaintiffs.
17 While Defendants made some payments to Plaintiff, Defendants currently have an
outstanding balance of $27,947.75. See Exhibit 2, Invoices.
18, From August 2016 to the present, Plaintiff has attempted to recover the outstanding
balance from Defendants by communicating via e-mail and telephone. Despite the
numerous attempts to recover the funds, Defendants have not remitted any funds to
Plaintiff for the outstanding balance.
19, On or around December 1, 2016, Plaintiff served Defendants with a Notice of Client's
Right to Arbitrate for the outstanding balance. See Exhibit 3.
20. As of January 1, 2016, Plaintiff has not received demand from Defendants to arbitrate the
outstanding balance.
3 0f 5
COUNT I
BREACH OF CONTRACT
21 Plaintiff realleges each and every allegation contained and set forth in paragraphs “p>
through “19” as if fully set forth herein.
22. Plaintiff and Defendants en:ered into a Retainer Agreement, whereby Defendants agreed
to pay Plaintiff an hourly rate in exchange for legal services rendered for the
representation of Defendantin the JAMS Arbitration and S.D.N.Y Action.
23 At the conclusion of Plaintiff's representation of Defendants, Defendants had an
outstanding balance of $27.947.75, for which, Defendants have not remitted payment to
Plaintiff.
24. Plaintiff did indeed provide legal services to Defendants regarding the JAMS Arbitration
and S.D.N.Y. Action and thus, fulfilled its obligations under the Retainer Agreement.
25 Defendants, however, have breached their obligations under the Retainer Agreement by
failing to remit payment for Plaintiff's legal services.
26. Thus, Plaintiff has been damaged in excess of $27,947.75.
COUNT TWO
ACCOUNT STATED
27 Plaintiff realleges each and every allegation contained and set forth in paragraphs “1”
through “25” as if fully set forth herein.
28 During the attorney-client relationship, Plaintiff issued Defendants invoices informing
them of the legal services provided and the legal fee resulting from those services.
29 After the conclusion of the attorney-client relationship, Plaintiff continued to send
invoices to Defendants stating the outstanding balance that Defendants owes to Plaintiff.
30 Defendants have not remitted payment for the outstanding balance.
4o0f 5
31. Thus, Plaintiff has been damaged in excess of $27,947.75.
WHEREFORE, the Plaintiff demand judgment as follows:
a. On the First Count, awarding compensatory damages in an amount to be
determined at trial, but not less $27,947.75.
b On the Second Count, awarding compensatory damages in an amount to be
determined at trial, but not less $27,947.75.
c. As to all Counts, awarding Plaintiff interest, costs, reasonable attorneys' fees and
punitive damages; and
d As to all Counts, awarding such other and further relief as the Court deems just
and fair.
DATE: New York, New York
January 4, 2017
Respectfully submitted,
L
Ba
Kevin P. Conws
CONWAY & CONWAY
Attorney for Plaintiff
122 E.42nd Street, Suite 1612
New York, New York 10068
Tel: (212) 938-1080
Fax: (212) 938-1207
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Preview
INDEX NO. 150182/2017 FILED: NEW YORK COUNTY CLERK 01/06/2017 03:04 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF 01/06/2017 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY mew ee nee enna enew nen ne nen ee nenene nee nenenneneninaneneenenenenenuenen, Conway and Conway Index No. Plaintiff, COMPLAINT v Robert Ehrlich, SexyPop Popcorn, LLC, and RAGEF, Inc., Defendant. wewnenennenenccnennienenennecnenennenenene cnc centineneenennnenneneneenn K Plaintiff Conway and Conway (“Plaintiff”), a law firm located in New York, New York, submits this instant Complaint against Robert Ehrlich (“Mr. Ehrlich”), SexyPop Popcorn, LLC (“SexyPop Popcorn”), and RAGF, Inc. (“RAGF” or collectively “Defendants”) and alleges as follows: PARTIES 1 Plaintiff Conway and Conway, is a law firm located at 122 E.42nd Street, Suite 1612, New York, New York 10068. Defendant Mr. Ehrlich is an individual, upon information and belief, residing in Sea Cliff, New York. Defendant SexyPop Popcorn, LLC is a New York limited liability corporation located in Sea Cliff, New York, 11579. Defendant RAGF, Inc. is a New York corporation, located in Sea Cliff, New York, 11579. JURISDICTION AND VENUE This Court has jurisdiction over this case under § 301 of New York's Civil Practice Laws and Rules ("CPLR"). lof5 Venue is proper in the Supreme Court of New York, New York County under §503 of New York's CPLR in that Plaintiffs principal place of business is located in New York, New York. Plaintiff hereby waives a jury trial. FACTS Plaintiff is a law firm in New York, New York, since 1989, specializing in securities and commodities litigation, as well as general commercial litigation. On or around December 28, 2015, Defendants retained Plaintiff to represent them in an arbitration action before JAMS, a private alternative dispute resolution provider, (“JAMS Arbitration”) and in an action before the United States District Court, Southern District of New York (the “S.D.N.Y. Action”). 10. Defendants retained Plaintiff by signing a retainer agreement (the “Retainer Agreement”) and thereby agreed that in exchange for Plaintiffs services in representing them in the JAMS arbitration and S.D.N.Y. Action. See Exhibit J, Retainer Agreement. 11 The Retainer Agreement stated that Defendants would pay a retainer of Twenty-Five Thousand Dollars ($25,000.00) and would be billed hourly for legal services for set rates for partners, associates, and other staff members. 12. The Retainer Agreement further stated that for the nonpayment of fees an interest rate of 1.5% would accrue from the date of nonpayment until the date of payment. 13. On or around December 28, 2016, Plaintiff began providing legal services to represent Defendants in the JAMS Arbitration and S.D.N.Y. Action, including communicating with Defendants, communicating with opposing counsel of the JAMS Arbitration and S.D.N.Y. Action, drafting and filing pleading documents, drafting and filing motion 2 0f 5 documents and reviewing discovery documents related to the JAMS arbitration and S.D.N.Y. Action. 14 Ultimately, Plaintiff represented Defendants in the JAMS Arbitration and S.D.N.Y. Action until the respective forums issued orders containing final dispositions. Plaintiff also represented Defendants in the confirmation proceedings regarding the JAMS Arbitration, until the opposing side withdrew the action. 15. Plaintiff is precluded from revealing the underlying facts and conclusions of the JAMS Arbitration and S.D.N.Y. action due to a confidentiality agreement between Defendant and the opposing parties. 16 Between December 28, 2015 and December 1, 2016, Plaintiff billed Defendants for legal services provided, by first billing against the initial retainer of $25,000.00 and then by sending periodic invoices, containing the outstanding balances Defendants owed to Plaintiffs. 17 While Defendants made some payments to Plaintiff, Defendants currently have an outstanding balance of $27,947.75. See Exhibit 2, Invoices. 18, From August 2016 to the present, Plaintiff has attempted to recover the outstanding balance from Defendants by communicating via e-mail and telephone. Despite the numerous attempts to recover the funds, Defendants have not remitted any funds to Plaintiff for the outstanding balance. 19, On or around December 1, 2016, Plaintiff served Defendants with a Notice of Client's Right to Arbitrate for the outstanding balance. See Exhibit 3. 20. As of January 1, 2016, Plaintiff has not received demand from Defendants to arbitrate the outstanding balance. 3 0f 5 COUNT I BREACH OF CONTRACT 21 Plaintiff realleges each and every allegation contained and set forth in paragraphs “p> through “19” as if fully set forth herein. 22. Plaintiff and Defendants en:ered into a Retainer Agreement, whereby Defendants agreed to pay Plaintiff an hourly rate in exchange for legal services rendered for the representation of Defendantin the JAMS Arbitration and S.D.N.Y Action. 23 At the conclusion of Plaintiff's representation of Defendants, Defendants had an outstanding balance of $27.947.75, for which, Defendants have not remitted payment to Plaintiff. 24. Plaintiff did indeed provide legal services to Defendants regarding the JAMS Arbitration and S.D.N.Y. Action and thus, fulfilled its obligations under the Retainer Agreement. 25 Defendants, however, have breached their obligations under the Retainer Agreement by failing to remit payment for Plaintiff's legal services. 26. Thus, Plaintiff has been damaged in excess of $27,947.75. COUNT TWO ACCOUNT STATED 27 Plaintiff realleges each and every allegation contained and set forth in paragraphs “1” through “25” as if fully set forth herein. 28 During the attorney-client relationship, Plaintiff issued Defendants invoices informing them of the legal services provided and the legal fee resulting from those services. 29 After the conclusion of the attorney-client relationship, Plaintiff continued to send invoices to Defendants stating the outstanding balance that Defendants owes to Plaintiff. 30 Defendants have not remitted payment for the outstanding balance. 4o0f 5 31. Thus, Plaintiff has been damaged in excess of $27,947.75. WHEREFORE, the Plaintiff demand judgment as follows: a. On the First Count, awarding compensatory damages in an amount to be determined at trial, but not less $27,947.75. b On the Second Count, awarding compensatory damages in an amount to be determined at trial, but not less $27,947.75. c. As to all Counts, awarding Plaintiff interest, costs, reasonable attorneys' fees and punitive damages; and d As to all Counts, awarding such other and further relief as the Court deems just and fair. DATE: New York, New York January 4, 2017 Respectfully submitted, L Ba Kevin P. Conws CONWAY & CONWAY Attorney for Plaintiff 122 E.42nd Street, Suite 1612 New York, New York 10068 Tel: (212) 938-1080 Fax: (212) 938-1207 5 of 5