Preview
FILED: NEW YORK COUNTY CLERK 06/20/2023 10:32 AM INDEX NO. 651660/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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RYAN URBAN and GIGI GROUP, LLC, Index No. 651660/2023
Plaintiffs,
AMENDED COMPLAINT
-against-
HUDSON CAPITAL GROUP VENTURES, LLC,
Defendant.
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Plaintiffs, Ryan Urban ("Urban") and GiGi Group, LLC ("GiGi"), by their attorneys,
Abrams Fensterman, LLP, as and for their Amended Complaint against the Defendant herein,
allege as follows:
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
1. At all times hereinafter mentioned, Plaintiff, Ryan Urban, was and still is a resident
of the County of New York, and State of New York.
2. At all times hereinafter mentioned, Plaintiff, GiGi Group, LLC, was and still is a
domestic limited liability company, with its principal offices located in the County of New York,
State of New York.
3. At all times hereinafter mentioned, upon information and belief, Defendant Hudson
Capital Group Ventures, LLC ("Hudson"), was and still is a domestic limited liability company,
doing business in the County of New York, State of New York.
4. In or about July, 2021, Plaintiffs and Hudson entered into a contract/Engagement
Letter, pursuant to which, Plaintiffs retained Hudson to provide advisory and capital raising
services in connection with the development and construction of a restaurant and nightclub located
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at 138 Bowery, New York, New York (the "Project"). A true and accurate copy of the parties'
contract/Engagement Letter is annexed hereto as Exhibit "A", and is incorporated herein by
reference.
5. Pursuant to and in accordance with the parties' contract/Engagement Letter,
Plaintiffs made payments to Hudson aggregating the total sum of One Hundred Twenty-Five
Thousand ($125,000.00) Dollars.
6. Hudson breached the parties' contract/Engagement Letter by failing to provide the
advisory and capital raising services as agreed upon.
7. Any services that were provided by Hudson were minimal, deficient, and were
otherwise not to Plaintiffs' benefit.
8. Plaintiffs performed all obligations on their part under the parties'
contract/Engagement Letter.
9. The acts and/or inactions of Hudson as set forth above constitute a breach of the
parties' contract/Engagement Letter.
10. The acts and/or inactions of Hudson as set forth above have caused and continue to
cause Plaintiffs to suffer damages.
11. Plaintiffs have been damaged in an amount to be determined by the Court, but in
any event, not less than the sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars,
plus interest.
AS AND FOR A SECOND CAUSE OF ACTION
(Unjust Enrichment)
12. Plaintiffs repeat and reallege each and every allegation in paragraphs "1" through
"11" of this Complaint, as if more fully set forth at length hereat.
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13. Alternatively, if it be determined that the parties' contract/Engagement Letter is
unenforceable or if for any reason that Plaintiffs may not recover thereunder, Plaintiffs allege that
Hudson has been unjustly enriched, at Plaintiffs' expense, by virtue of Hudson's receipt and
retention of the deposits/payments made to it aggregating the sum of One Hundred Twenty-Five
Thousand ($125,000.00) Dollars.
14. That it would be against equity and good conscience to permit Hudson to retain the
deposits/payments aggregating the sum of One Hundred Twenty-Five Thousand ($125,000.00)
Dollars without having earned or otherwise being entitled to same.
15. That the acts of Hudson as aforesaid constitute unjust enrichment, for which
Plaintiffs have been damaged in the amount of not less than One Hundred Twenty-Five Thousand
($125,000.00) Dollars, plus interest.
WHEREFORE, Plaintiffs demand judgment on their First Cause of Action in the amount
of $125,000.00 plus interest; and, in the alternative, on their Second Cause of Action in the amount
of $125,000.00 plus interest, along with an award of reasonable attorneys' fees and the costs and
disbursements of this proceeding, and such other and further relief as the Court may deem just,
proper and equitable.
Dated: June 20, 2023
ABRAMS FENSTERMAN, LLP
By: __________________________________
Keith J. Singer
3 Dakota Drive, Suite 300
Lake Success, New York 11042
(516) 328-2300
ksinger@abramslaw.com
Attorneys for Plaintiffs
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023
To: GOTTESMAN LEGAL, PLLC
Baruch S. Gottesman, Esq. 11 Broadway, Suite 615
New York, New York 10004
(212) 401-6910
bg@gottesmanlegal.com
Attorneys for Defendant
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Preview
FILED: NEW YORK COUNTY CLERK 06/20/2023 10:32 AM INDEX NO. 651660/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X RYAN URBAN and GIGI GROUP, LLC, Index No. 651660/2023 Plaintiffs, AMENDED COMPLAINT -against- HUDSON CAPITAL GROUP VENTURES, LLC, Defendant. ------------------------------------------------------------------X Plaintiffs, Ryan Urban ("Urban") and GiGi Group, LLC ("GiGi"), by their attorneys, Abrams Fensterman, LLP, as and for their Amended Complaint against the Defendant herein, allege as follows: AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract) 1. At all times hereinafter mentioned, Plaintiff, Ryan Urban, was and still is a resident of the County of New York, and State of New York. 2. At all times hereinafter mentioned, Plaintiff, GiGi Group, LLC, was and still is a domestic limited liability company, with its principal offices located in the County of New York, State of New York. 3. At all times hereinafter mentioned, upon information and belief, Defendant Hudson Capital Group Ventures, LLC ("Hudson"), was and still is a domestic limited liability company, doing business in the County of New York, State of New York. 4. In or about July, 2021, Plaintiffs and Hudson entered into a contract/Engagement Letter, pursuant to which, Plaintiffs retained Hudson to provide advisory and capital raising services in connection with the development and construction of a restaurant and nightclub located 1 of 4 FILED: NEW YORK COUNTY CLERK 06/20/2023 10:32 AM INDEX NO. 651660/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023 at 138 Bowery, New York, New York (the "Project"). A true and accurate copy of the parties' contract/Engagement Letter is annexed hereto as Exhibit "A", and is incorporated herein by reference. 5. Pursuant to and in accordance with the parties' contract/Engagement Letter, Plaintiffs made payments to Hudson aggregating the total sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars. 6. Hudson breached the parties' contract/Engagement Letter by failing to provide the advisory and capital raising services as agreed upon. 7. Any services that were provided by Hudson were minimal, deficient, and were otherwise not to Plaintiffs' benefit. 8. Plaintiffs performed all obligations on their part under the parties' contract/Engagement Letter. 9. The acts and/or inactions of Hudson as set forth above constitute a breach of the parties' contract/Engagement Letter. 10. The acts and/or inactions of Hudson as set forth above have caused and continue to cause Plaintiffs to suffer damages. 11. Plaintiffs have been damaged in an amount to be determined by the Court, but in any event, not less than the sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars, plus interest. AS AND FOR A SECOND CAUSE OF ACTION (Unjust Enrichment) 12. Plaintiffs repeat and reallege each and every allegation in paragraphs "1" through "11" of this Complaint, as if more fully set forth at length hereat. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 06/20/2023 10:32 AM INDEX NO. 651660/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023 13. Alternatively, if it be determined that the parties' contract/Engagement Letter is unenforceable or if for any reason that Plaintiffs may not recover thereunder, Plaintiffs allege that Hudson has been unjustly enriched, at Plaintiffs' expense, by virtue of Hudson's receipt and retention of the deposits/payments made to it aggregating the sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars. 14. That it would be against equity and good conscience to permit Hudson to retain the deposits/payments aggregating the sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars without having earned or otherwise being entitled to same. 15. That the acts of Hudson as aforesaid constitute unjust enrichment, for which Plaintiffs have been damaged in the amount of not less than One Hundred Twenty-Five Thousand ($125,000.00) Dollars, plus interest. WHEREFORE, Plaintiffs demand judgment on their First Cause of Action in the amount of $125,000.00 plus interest; and, in the alternative, on their Second Cause of Action in the amount of $125,000.00 plus interest, along with an award of reasonable attorneys' fees and the costs and disbursements of this proceeding, and such other and further relief as the Court may deem just, proper and equitable. Dated: June 20, 2023 ABRAMS FENSTERMAN, LLP By: __________________________________ Keith J. Singer 3 Dakota Drive, Suite 300 Lake Success, New York 11042 (516) 328-2300 ksinger@abramslaw.com Attorneys for Plaintiffs 3 3 of 4 FILED: NEW YORK COUNTY CLERK 06/20/2023 10:32 AM INDEX NO. 651660/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023 To: GOTTESMAN LEGAL, PLLC Baruch S. Gottesman, Esq. 11 Broadway, Suite 615 New York, New York 10004 (212) 401-6910 bg@gottesmanlegal.com Attorneys for Defendant 4 4 of 4