Preview
FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY
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Index No.
AMY TICHENOR,
Plaintiff, VERIFIED
COMPLAINT
-against-
Plaintiff Requests
HOG ISLAND LLC d/b/a BREEZY’S BBQ and JEFFREY A Jury Trial.
SIBREE,
Defendants.
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Plaintiff, AMY TICHENOR (“Ms. Tichenor”), by and through her counsel, Bhavleen
Sabharwal, Esq. of the Law Office of Bhavleen Sabharwal, P.C. hereby files this Complaint against
Defendants, HOG ISLAND LLC d/b/a BREEZY’S BBQ (“Hog Island LLC”), and Jeffrey Sibree
(“Mr. Sibree”), in his individual capacity and as the sole member /owner of Hog Island LLC
(collectively, “Defendants”). Plaintiff alleges the following factual allegations and corresponding
causes of action, as follows:
NATURE AND SUMMARY OF THE ACTION
1. This is an action to recover substantial unpaid wages, including unpaid minimum wages,
and unpaid overtime pay, over a period of years, along with liquidated damages, plus
attorney’s fees and costs pursuant to the New York Labor Law (“NYLL”), § 650 et seq.
Moreover, Defendants failed to provide Ms. Tichenor with the statutorily mandated wage
notification upon hire and failed to provide proper wage statements during Plaintiff’s
employment, in violation of NYLL §195.
2. Defendants, Jeffrey Sibree (“Sibree”) and Hog Island LLC, DBA Breezy’s BBQ (herein
“Breezy’s BBQ”) as employers, are not above the law, and are not entitled to free labor.
Yet, both defendants employed Ms. Tichenor from late May through September for the
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years 2014 through 2020, and defendants intentionally failed to pay her for the substantial
time, hours of work, and effort that she put into performing labor, first directly for the
individual, Jeffrey Sibree (DBA Breezy’s BBQ), and subsequently for Hog Island LLC,
DBA Breezy’s BBQ.
3. Breezy’s BBQ is a seasonal establishment/concession stand on the boardwalk of Far
Rockaway Beach, New York, selling cooked food and beverages to beachgoers and
patrons, in operation annually between May and September each year, from 2014 through
the2020. . From 2014 through 2020, Plaintiff, Ms. Tichenor, was in a seven-year personal
relationship with the individual Defendant, Jeffrey Sibree, the owner of Breezy’s BBQ.
Throughout the six years in question, Defendant, Jeffrey Sibree, frequently promised
Amy Tichenor the possibility of a future together, and throughout her working for no
payment at Breezy’s BBQ, Defendant Sibree had dangled the promise to Ms. Tichenor that
the money brought in through Breezy’s BBQ would go towards a house for them to live
in, as a married couple, and would further serve as a property investment for both
Defendant Sibree and Plaintiff, Ms. Tichenor to share (via cohabitating and vis-à-vis rental
usage for said property) in their future.
4. In reliance on such promises by her then-boyfriend, Defendant Jeffrey Sibree, Plaintiff,
Amy Tichenor did the work of a full-time employee, first for Defendant Sibree from 2014
through 2016, and then for Hog Island, LLC DBA Breezy’s BBQ that Sibree created from
2016 through 2020. Defendant Jeffrey Sibree asked Ms. Tichenor to perform work as a
full-time employee for Breezy’s BBQ, as Ms. Tichenor was never a member, officer, or
owner of Hog Island, LLC DBA Breezy’s BBQ. Nor was she ever deemed a business
partner through any legal documents (i.e., no partnership agreements, operating agreement,
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or other such instruments that would reflect any ownership by Ms. Tichenor in the Breezy
BBQ concession stand / beach boardwalk establishment.
5. Ms. Tichenor worked grueling 60-hour weeks for Breezy BBQ’s each year of operation
during the summer seasons, while the Defendants, Jeffree Sibree, as sole owner of
Breezy’s BBQ, performed hardly any functions at all, and further failed to pay Plaintiff
any compensation: to wit, Plaintiff was not paid any wages, nor any 1099 compensation,
nor profit shares or other money for her work performed, in violation of the New York
Labor Law, Section 650 et seq. Nor was she paid any time-and-a-half rate of pay for the
hours beyond 40 per week that Ms. Tichenor worked practically every week for eight
summer seasons – including years 2017, 2018, 2019, and 2020
6. Specifically, Ms. Tichenor undertook substantial job duties and tasks for Breezy’s BBQ
and for Mr. Sibree during the hot summer months on the boardwalk of Rockaway Beach.
Temperatures would often be in the 80s and 90s on the days Ms. Tichenor worked, and
there was no air conditioner at Breezy’s BBQ as it was an outdoor concession stand on the
boardwalk. Plaintiff’s daily tasks included standing for at least eight hours a day at the
front counter to take orders from customers; mopping floors; cleaning dishes; opening and
closing; prepping food; making cornbread; cleaning the soda machines; making ice tea;
making sure the kitchen was clean; making sure the dumpsters were clean; organizing
walk-ins; chopping onions; chopping collard greens; wiping the counters, and taking out
the garbage among other tasks. After her workday ended which normally began
approximately an hour or two before officially opening or from 9:30 am-10 am until close
which was 8 pm on weekdays and on weekends from 9-10 pm. Due to the many physically
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demanding tasks Ms. Tichenor performed, it is estimated she walked approximately 11
miles a day.
7. In 2020, Defendant, Jeffrey Sibree, broke off his relationship with Plaintiff, Amy Tichenor.
Prior to the breakup, Defendant Sibree purchased a house and failed to provide Ms.
Tichenor with any of the promised ownership interest, nor any profits from any rentals of
said house. While initially disappointed by the breakup, Ms. Tichenor has been gainfully
employed over the past three years in a satisfying corporate position and has moved on
with her life. However, when the Plaintiff, Amy Tichenor, requested that Defendant Jeffrey
Sibree compensate her for the years of 60-hour workweeks that she provided for Breezy’s
BBQ (first for Mr. Sibree, directly, and then for the LLC DBA Breezy’s BBQ) from 2014
through 2020, Defendant, Jeffrey Sibree, at first ignored her requests, and then rebuffed
them.
8. Defendants have not provided Ms. Tichenor with any compensation for her years of labor
and job functions performed for Breezy’s BBQ, and Ms. Tichenor’s demands for payment
from Defendants have been futile/wrongfully ignored. Defendants’ disregards for Ms.
Tichenor’s rights, and their blatant and intentional violations of the NYLL, left Plaintiff,
Amy Tichenor, with no other option but to seek recourse from the Courts, for her
substantial economic damages, loss of opportunities for other seasonal work from 2014
through 2020 (particularly 2017 through 2020 for purposes of the within Complaint), and
for other related financial damages.
9. Further, Ms. Tichenor sacrificed a career in jewelry design for a prestigious salon in
Tribeca to work for Defendants during the summer months. Ms. Tichenor also gave up
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part-time and freelance positions she had including work at other food establishments and
freelance jewelry projects.
JURISDICTION AND VENUE:
10. This Court has jurisdiction over the within lawsuit as the controversy / dispute arises from
Defendants’ violations of the New York Labor Law (NYLL), and the matter is timely, and
the parties reside in New York State. Venue is proper in Queens County, because: (a)
Defendants transact business in this County; (b) the conduct and acts of Defendants
complained of herein occurred in all or in substantial part in Queens County; and (c)
Plaintiff, Ms. Tichenor, resides in Queens County.
PARTIES
11. Plaintiff, Ms. Tichenor is an experienced, successful businesswoman, and is presently
employed full time in a corporate management role. She is a resident of 454 Beach 129th
Street, Queens, New York. Ms. Tichenor was employed with Defendants, Mr. Jeffrey
Sibree (2014 through 2016), and by Jeffrey Sibree in his sole-member LLC, Hog Island
LLC DBA Breezy’s BBQ (2016 through-2020), often working seven days a week during
the summer season, either on location at Breezy’s BBQ concession stand at the beach, or
in a managerial/operations capacity. Ms. Tichenor is over the age of 18 years old.
12. Defendant, Hog Island LLC DBA Breezy’s BBQ, is a limited liability company
incorporated in 2016 under the laws of the State of New York, with a principal place of
business at 97-01 Shorefront Parkway, Rockaway, NY 11693. Hog Island LLC does
business as (DBA) Breezy’s BBQ, a boardwalk concession stand / BBQ joint, operating
primarily during the summer season from May through September. The business was
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operational from the years 2014 – 2020, and its financial success and staying power
throughout the years was based upon the arduous work and long hours of labor-intensive
tasks performed by Ms. Tichenor.
13. Defendant, Jeffrey Sibree (“Mr. Sibree”), is an individual and resident of the State of New
York with an address at 1788 Relyea Drive, Merrick, NY 11566. Mr. Sibree is the sole
owner/sole member of Hog Island LLC, DBA Breezy’s BBQ. Prior to organizing said LLC
entity, Mr. Sibree operated Breezy’s BBQ as a sole proprietorship from the years 2014-
2016. While said years are not covered under the NYLL, Mr. Sibree exploited Plaintiff,
Amy Tichenor, during those years as well – having her work for Breezy’s BBQ for zero
pay, while dangling a promise of a future house that they would buy, live-in, and rent out
together at times as an investment property. Upon information and belief, the Defendant,
Mr. Sibree, knowingly made such false promises of future compensation / future
connection to Plaintiff in an attempt to induce the Plaintiff, Amy Tichenor, into working
for him and for his company without any minimum wages, overtime pay, compensation or
benefits, and Ms. Tichenor relied on said promises to her detriment, as discussed below.
ADDITIONAL FACTUAL BACKGROUND
14. Hog Island LLC is a New York business organized under the laws of the State of New
York, owned by Mr. Sibree as the LLC’s sole member. Between 2014 and 2020, Plaintiff,
Ms. Amy Tichenor, and Defendant, Mr. Jeffrey Sibree, were in a long-term relationship in
contemplation of marriage.
15. From 2014 through 2020, Mr. Sibree, and subsequently Hog Island LLC DBA Breezy’s
BBQ, employed Ms. Tichenor at Breezy’s BBQ in a “jack of all trades” capacity, wherein
she worked 60-hour weeks in various roles, both behind-the-scenes and at the BBQ /
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concession stand itself, preparing and cooking food, or overseeing staff in such cooking,
ordering food and supplies, and dealing with administrative paperwork to keep the BBQ
concession stand going, all while receiving zero pay or wages for her work. Neither was
Ms. Tichenor provided 1099 payment or compensation for six years of blood, sweat, and
tears that made Breezy’s BBQ a known staple at Far Rockaway Beach, NY.
16. Defendants willfully violated the NYLL by failing to pay Ms. Tichenor minimum wages,
or any over-time pay for hours worked beyond 40 hours in a week, during years 2014,
2015, 2016, and for the years covered by the NYLL, including 2017, 2018, 2019, and 2020.
17. Defendants did not provide Ms. Tichenor with a wage notice at the time of hiring her, nor
did they provide such a wage notice throughout her employment. Defendants further failed
to provide Plaintiff with a wage statement with each week that she would have been entitled
to wages (had the Defendants been paying her, which they were not).
18. Ms. Tichenor continued assisting at Breezy’s BBQ in reliance on her future with Mr. Sibree
and promises that she would be compensated for her substantial investment.
Based upon increasing minimum wage pay rates between years 2017 and 2020, and over-
time pay rates of 1.5 X any such pay rate, multiplied by the number of hours worked by
Plaintiff over eighteen week seasons for more than six years of operations (including years
2017, 2018, 2019, and 2020), (accounting for adjustments in minimum wage rates from
2017 through 2020, Ms. Tichenor is entitled to back wages, over-time pay, in an amount
not less than $500,000 (Five-Hundred Thousand Dollars), and potentially far more, when
factoring in liquidated damages per NYLL Statute, costs, and interest, and attorney’s fees,
and upon further analysis by a professional financial expert at trial.
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19. During the 2018 and 2019 summer seasons, Defendant Jeffrey Mr. Sibree stepped further
back from any functioning, contributory role in operating Breezy’s BBQ, and Ms. Tichenor
upped her oversight of the BBQ establishment to 75% - managing every aspect except for
the smoked meats. During these years, Defendant, Mr. Sibree participated in recreational
events on Saturdays and Sundays, and refrained from staying at the establishment during
any of the operating hours, opting instead to patronize a local brewery and tend to his
garden while Plaintiff, Amy Tichenor, worked tirelessly at Breezy’s BBQ.
20. Breezy’s BBQ was open from 12pm-9pm during the summer months from years 2014
through 2020, with Plaintiff, Ms. Tichenor, arriving two hours prior to opening (10am)
each day to set up and prepare. Other than sleeping, Ms. Tichenor was tending to Breezy’s
BBQ every day of each week, on a regular seasonal basis, from May through September
of 2014 through 2020.
21. Ms. Tichenor performed job duties / work as a non-exempt employee, for substantially
long hours for Breezy’s BBQ over a six-year period, only to be falsely promised a future
payout, without being paid a dime by Defendants in wages or over-time pay for six years.
22. Several employees/witnesses, inclusive of Jhana Hutchinson, Alberto Laburu and Melinda
Sparks have and will attest to and confirm Ms. Tichenor’s efforts, responsibilities, and long
hours spent working at Breezy’s BBQ for the aforementioned summer months.
23. In addition, Ms. Tichenor advertised Breezy’s BBQ extensively on Instagram, posting near
daily photos of her workdays that showed her tending to customers, cooking, and related
tasks. Defendants cannot show any paper trail of wages or 1099 compensation to Plaintiff
from 2014 through 2020 (or from 2017 through 2020 specifically), because Defendants
never made such payments.
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24. During the off-season, Ms. Tichenor held numerous secondary marketing/hospitality
jobs, using her salaries and wages, in large, to satisfy her student loan payments and
household expenses, joint living expenses, restaurant, travel, and pet expenses.
25. Breezy’s BBQ and Hog Island LLC consistently generated a profit annually. Mr. Sibree
and his father handled all cash deposits; Ms. Tichenor would collect all cash and provide
it to Defendant, Mr. Sibree, and Defendant’s father, Mr. James Sibree, on a weekly basis.
26. After two seasons of operating Breezy’s BBQ, in or about 2016, Plaintiff, Ms. Amy
Tichenor, and Defendant, Mr. Jeffrey Sibree, put money towards the down payment of a
property located at 68-10 Almeda Ave, Arverne, NY 11692 (the “Property”) to live in /
rent out as an Airbnb/vacation property. This down payment was provided via a
corporation, 68-10 Almeda LLC, wherein Mr. Sibree and his father (James Sibree) were
sole members. Despite having initial contact with the real estate agent, being present for
all meetings, and managing the property, when Ms. Tichenor requested to be a part of the
LLC, she was denied any official ownership interest, and was instead told that “you are
already family.”
27. Ms. Tichenor believed her efforts at Breezy’s BBQ and in managing the property would
result in partial ownership of the Property.
28. In 2020, Mr. Sibree ended his seven-year relationship with Ms. Tichenor, without
providing her any ownership or other interest in the Property (despite promises to the
contrary). Ms. Tichenor subsequently vacated the Property and rented a space in Far
Rockaway.
29. On October 5, 2023, Ms. Tichenor, via her legal counsel, sent a letter to Mr. Jeffrey Sibree,
requesting that he provide unpaid wages due and owing her for the duration of her
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employment with himself and Hog Island LLC. Mr. Sibree failed to respond to Ms.
Tichenor’s demand. Ms. Tichenor is now forced to bring this action to recover
compensation for the years of services and labor that she rendered for Defendant’s benefit
and profits, without any payment by Defendants.
FIRST CAUSE OF ACTION
Violation of Overtime Provisions, NYLL §652 and 12 NYCRR § 137-1.3
30. Plaintiff, Ms. Tichenor, repeats and re-alleges each and every allegation made in the above
paragraphs of this Complaint against the Defendants, as if more fully set forth herein.
31. Defendants employed Ms. Tichenor in various roles from the years 2014 – 2020.
32. Plaintiff’s duties, tasks, and functions were that of a non-exempt, FLSA and NYLL covered
employee, who would thus be legally entitled to receive 150% of her hourly rate for each
hour of work she performed that exceeded 40 (forty) hours in a work week.
33. Plaintiff, Amy Tichenor, regularly worked 60 hours per week, thus working 20 (twenty)
hours of over-time on a regular basis but was not paid the legally required overtime rate of
time and a half for all hours worked over 40 (in fact, she was paid nothing at all).
34. Defendants failed to pay Ms. Tichenor at the legally required overtime rate, pursuant to the
NYLL § 652 and 12 NYCRR § 137-1.3.
35. Defendants did not pay Ms. Tichenor overtime at a rate of time and a half per hour for the
hours worked over 40 in a given week.
36. Ms. Tichenor is entitled to be paid the overtime she worked as an employee for the hours
worked from May through September, for the years 2014 through 2020 (2017 through 2020
based on NYLL, and 2014 through 2020 based on the causes of action set forth, below),
along with 100% liquidated damages, penalties, punitive damages, attorney’s fees, costs,
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and interest, as permitted by NYLL §§ 650 and 652 et seq., based on Defendants’
intentional and repeated failure to pay Plaintiff, Ms. Tichenor, for her work performed at
Breezy’s BBQ.
THIRD CAUSE OF ACTION
Wage Notice Penalties, NYLL §195(1)
37. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of
this Complaint against each of the Defendants, as if more fully set forth herein.
38. Pursuant to NYLL § 652, employees must be paid at least the minimum hourly wage for
each hour that they work.
39. At all times relevant to Ms. Tichenor’s claims, Defendants were required to pay her a
minimum hourly wage, at the rate for said minimum wage in each calendar year that Ms.
Tichenor worked (i.e., 2014, 2015, 2016, 2017, 2018, 2019, and 2020).
40. Defendants wilfully failed to pay Ms. Tichenor minimum wages for all hours worked.
41. Defendants’ actions herein violated NYLL § 652. As a proximate result of Defendants’
aforementioned violations, Ms. Tichenor is entitled to recover the unpaid balance of wages
owed to her in an amount according to proof at trial, plus interest, penalties, attorneys’ fees,
expenses, and costs of suit. Moreover, Defendant Jeffrey Sibree is an “employer” within
the meaning contemplated by the NYLL, and thus, NYLL permits the recovery of such
damages from the entity (Hog Island, LLC DBA Breezy’s BBQ), and/or from the
individual owner/employer, Defendant Jeffrey Sebree. Plaintiff seeks compensation and
damages from both Defendants, who have joint and severable liability for Plaintiff’s unpaid
wages and unpaid overtime compensation.
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THIRD CAUSE OF ACTION
Wage Notice Penalties, NYLL §195(1)
42. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of
this Complaint against each of the Defendants, as if more fully set forth herein.
43. NYLL §195(1)(a) requires that at time of hire, employers provide their employees a written
notice of the employee’s “rate or rates of pay and basis thereof, whether paid by the hour,
shift, day, week, salary, piece, commission, or other . . . prevailing wage supplements, if
any, claimed as part of any prevailing wage . . . the regular pay designated by the employer
. . . the name of the employer; any “doing business as” names used by the employer; the
physical address of the employer’s main office or principal place of business, and a mailing
address if different; the telephone number of the employer . . . for each type of [prevailing
wage] supplement claimed: (i) the hourly rate claimed; (ii) the type of supplement
including when applicable but not limited to, pension or healthcare; (iii) the names and
addresses of the person or entity providing such supplement; and (iv) the agreement, if any,
requiring or providing for such supplement together with information on how copies of
such agreements or summaries thereof may be obtained by an employee.
44. Defendants violated the aforesaid NYS statutory requirement by failing to provide any
initial pay notice to Plaintiff, Ms. Tichenor, at any time in 2014, 2015, 2016, 2017, 2018,
2019, or 2020.
45. NYLL §198 empowers employees to sue their employers for violations of NYLL
§195(1)(a).
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46. As Ms. Tichenor worked at Defendants’ restaurant for over 100 workdays, she is entitled
to recover the statutory maximum of $5,000, plus attorneys’ fees and costs against the
Defendants under the within cause of action.
FOURTH CAUSE OF ACTION
Wage Statement Violation, NYLL § 195(3)
47. Ms. Tichenor repeats and re-alleges each and every allegation made in the above
paragraphs of this Complaint as if more fully set forth herein.
48. NYLL §195(3) requires that with each paycheck, employers provide employees with an
accurate statement of “their regular hourly rate or rates of pay; the overtime rate or rates of
pay; the number of regular hours worked, and the number of overtime hours worked.”
49. Defendants violated this requirement by failing to provide accurate paystubs to Ms.
Tichenor from the years 2014 – 2020, including failing to provide all money earned, all tax
deductions and proper overtime pay.
50. NYLL §198 empowers employees to sue their employers for violations of NYLL §195(3).
51. As Ms. Tichenor worked at Defendants’ restaurant for over 100 workdays, she is entitled
to recover the statutory maximum of $5,000, plus attorneys’ fees and costs, said $5,000 in
Cause of Action #4 is in addition to the $5,000 that Plaintiff, Amy Tichenor, is entitled to
under the third Cause of Action pleaded above.
FIFTH CAUSE OF ACTION
Unjust Enrichment
52. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of
this Complaint against each of the Defendants as if more fully set forth herein.
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53. From 2014 through 2020, Ms. Tichenor, through her work for Jeffrey Sibree and for
Breezy’s BBQ concession stand / food establishment, conferred substantial economic
benefits on Defendants by her labor for which she is entitled as-yet unpaid compensation.
54. Defendants accepted, indeed required, the services from Ms. Tichenor as part of her
employment.
55. Ms. Tichenor reasonably expected to be compensated for her labor, which reasonable
expectation Defendants fostered.
56. Defendants were unjust enriched by requiring and permitting labor from Ms. Tichenor.
57. Plaintiff is entitled to the reasonable value of the unpaid time may be readily calculated
from the value of Ms. Tichenor’s labor, combined with the value of profits that Breezy
BBQ incurred from years 2014 through 2020, in an amount to be determined at trial by a
jury, but of an amount no less than $500,000, prior to liquidated damages, costs and related
damages available under the NYLL.
SIXTH CAUSE OF ACTION
State Minimum Wage Violation Against Both Defendants
58. Plaintiff incorporates by reference and reallege each and every allegation contained above,
as though fully set forth herein.
59. Defendants have repeatedly and willfully failed to pay to Plaintiff the wages owed to her
Defendants have failed to pay Plaintiff the minimum wage as required under the New
York Labor Law for the years 2014 through 2020.
60. Demand has been made on Defendants, but they have failed and refused to pay the wages.
61. By failing to pay Plaintiff’s minimum wages Defendants have violated New York
Labor Law § 650 et seq.
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62. Plaintiff is entitled to minimum wages and liquidated damages in accordance with New
York Labor Law § 650 et seq.
SEVENTH CAUSE OF ACTION
Breach of Contract or, in the alternative, Unjust Enrichment
63. Plaintiff incorporates by reference and reallege each and every allegation contained
above, as though fully set forth herein.
64. Plaintiff and Defendant Jeffrey Sibree formed a contract when he promised to
reimburse Plaintiff in exchange for the years of unpaid labor she expended for his benefit
and specifically promised to purchase and/or obtain a house for them to both live in, have
Plaintiff represented as a partial owner of said house on the deed, and would share in any
rental profits from using said house/property, at times, as a rental property.
65. By providing services and labor for Mr. Sibree, Plaintiff performed her contractual
obligation.
66. Mr. Sibree’s failure to reimburse Plaintiff for the services and labor incurred breaches
the contract.
67. As a result of this breach of contract, Plaintiff has suffered damages and worsened
Plaintiff’s financial condition.
68. As a result if the conduct described above, Defendants have been unjustly enriched at
the expense of Plaintiff.
69. By reason of the foregoing, Plaintiff has been damaged in an amount to be
determined at trial, but in no event less than $500,000.
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EIGHTH CAUSE OF ACTION
Constructive Trust
70. Plaintiff incorporates by reference and reallege each and every allegation contained
above, as though fully set forth herein.
71. As a consequence of Defendants’ actions, Plaintiff is entitled to the imposition of a
constructive trust upon the property owned by Defendant Jeffrey Sibree (or any entity
owned or controlled by Jeffree Sibree) which was earned through the unpaid labor and
services performed by Plaintiff.
NINTH CAUSE OF ACTION AGAINST DEFENDANT, JEFFREE SIBREE
Fraud / Fraudulent Inducement in Employment:
72.Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs
of this Complaint against each of the Defendants as if more fully set forth herein.
73. The Defendant, Jeffrey Sibree, knowingly made false, material misrepresentations of
fact to Plaintiff, Amy Tichenor, stating that if she worked for Breezy’s BBQ during the
summer months, without pay, and made the business profitable, then Defendant, Jeffrey
Sibree stated that he would compensate Plaintiff at a future date / future point in time
by (a) purchasing and/or obtaining a house for them to both live in; (b) having Plaintiff,
Amy Tichenor represented as a partial owner of said house on the deed; and (c) would
share in any rental profits from using said house / property, at times, as a rental
property.
74. Although Defendant Jeffrey Sibree’s above-referenced, knowingly false promise did
not negate Defendants’ legal obligation to pay wages to Plaintiff, Amy Tichenor, as a
non-member / non-owner of Breezy’s BBQ who worked tirelessly in an employee
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capacity, Defendant Sibree still knowingly made such a false promise, with the
intention of inducing Plaintiff, Amy Tichenor, into benefitting Defendant Sibree by
inducing Ms. Tichenor to agree to work up to 60 hours per week, almost every day at
times, for seven consecutive May-through-September beach seasons at Breezy’s BBQ
concession stand / joint at the Far Rockaway Beach in Far Rockaway, New York.
75. Plaintiff, Amy Tichenor, did reasonably rely upon Defendant, Jeffrey Sibree’s false
promises of future compensation / future economic reward in her decision to be an
employee at Breezy’s BBQ, providing free labor to Breezy’s BBQ and accepting the
unlawful failure of defendants to pay her, and Plaintiff, Amy Tichenor, as a result of
said detrimental reliance upon Defendant Jeffrey Sibree’s knowingly false promises,
did incur damages including a loss of other job opportunities during the summer months
between 2014 and 2020.
76. As a result of the aforementioned fraudulent inducement into employment / fraudulent
inducement into working for free at Breezy’s BBQ establishment, the Plaintiff is
entitled to compensatory and punitive damages, in an amount not less than $500,000,
or an amount to be determined by a jury at trial.
DEMAND FOR RELIEF
WHEREFORE, Ms. Tichenor respectfully makes demand as follows:
a. Damages in an amount to be determined at a jury trial, plus pre-judgment interest, to
compensate Plaintiff for all monetary and/economic damages, including but not limited to,
back pay and overtime wages per Plaintiff’s first and second causes of action, but in an
amount no less than $500,000; plus
b. Liquidated damages pursuant to statute; plus
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c. Statutory damages pursuant to the Wage Theft Prevention Act, NYLL §198, to compensate
Plaintiff for her damages pursuant to Plaintiff’s third and fourth causes of action, in an
amount of no less than $10,000 per violation; plus
d. Compensatory damages for Plaintiff’s fifth and sixth causes of action, as pleaded above, in
an amount to be determined by a jury at trial, but no less than an additional $500,000, plus
e. Compensatory damages for Plaintiff’s seventh cause of action for breach of contract, in an
amount to be determined by a jury at trial, but no less than an additional $500,000.
f. Compensatory damages for Plaintiff’s eighth cause of action imposing a constructive trust
upon any profits that Defendants (or any entity owned or controlled by Jeffree Sibree) may
have earned through the failure to pay wages to Plaintiff.
g. Compensatory damages for Plaintiff’s ninth cause of action for fraudulent inducement, in
an amount to be determined by a jury at trial, but no less than an additional $500,000.
h. Costs incurred in this action, as well as reasonable attorneys’ fees; and
i. Such other and further relief as this Court deems just and proper.
Dated: April 10, 2024
New York, New York
By: _______________________
Bhavleen Sabharwal, Esq.
Law Office of Bhavleen Sabharwal, P.C.
Attorney For Plaintiff,
Ms. Amy Tichenor
261 Madison Avenue, Suite 1063
New York, NY 10016
Tel: (917) 597-5984
Email: Bsabharwal@bsablaw.com
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Preview
FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY -------------------------------------------------------------------X Index No. AMY TICHENOR, Plaintiff, VERIFIED COMPLAINT -against- Plaintiff Requests HOG ISLAND LLC d/b/a BREEZY’S BBQ and JEFFREY A Jury Trial. SIBREE, Defendants. -------------------------------------------------------------------X Plaintiff, AMY TICHENOR (“Ms. Tichenor”), by and through her counsel, Bhavleen Sabharwal, Esq. of the Law Office of Bhavleen Sabharwal, P.C. hereby files this Complaint against Defendants, HOG ISLAND LLC d/b/a BREEZY’S BBQ (“Hog Island LLC”), and Jeffrey Sibree (“Mr. Sibree”), in his individual capacity and as the sole member /owner of Hog Island LLC (collectively, “Defendants”). Plaintiff alleges the following factual allegations and corresponding causes of action, as follows: NATURE AND SUMMARY OF THE ACTION 1. This is an action to recover substantial unpaid wages, including unpaid minimum wages, and unpaid overtime pay, over a period of years, along with liquidated damages, plus attorney’s fees and costs pursuant to the New York Labor Law (“NYLL”), § 650 et seq. Moreover, Defendants failed to provide Ms. Tichenor with the statutorily mandated wage notification upon hire and failed to provide proper wage statements during Plaintiff’s employment, in violation of NYLL §195. 2. Defendants, Jeffrey Sibree (“Sibree”) and Hog Island LLC, DBA Breezy’s BBQ (herein “Breezy’s BBQ”) as employers, are not above the law, and are not entitled to free labor. Yet, both defendants employed Ms. Tichenor from late May through September for the 1 1 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 years 2014 through 2020, and defendants intentionally failed to pay her for the substantial time, hours of work, and effort that she put into performing labor, first directly for the individual, Jeffrey Sibree (DBA Breezy’s BBQ), and subsequently for Hog Island LLC, DBA Breezy’s BBQ. 3. Breezy’s BBQ is a seasonal establishment/concession stand on the boardwalk of Far Rockaway Beach, New York, selling cooked food and beverages to beachgoers and patrons, in operation annually between May and September each year, from 2014 through the2020. . From 2014 through 2020, Plaintiff, Ms. Tichenor, was in a seven-year personal relationship with the individual Defendant, Jeffrey Sibree, the owner of Breezy’s BBQ. Throughout the six years in question, Defendant, Jeffrey Sibree, frequently promised Amy Tichenor the possibility of a future together, and throughout her working for no payment at Breezy’s BBQ, Defendant Sibree had dangled the promise to Ms. Tichenor that the money brought in through Breezy’s BBQ would go towards a house for them to live in, as a married couple, and would further serve as a property investment for both Defendant Sibree and Plaintiff, Ms. Tichenor to share (via cohabitating and vis-à-vis rental usage for said property) in their future. 4. In reliance on such promises by her then-boyfriend, Defendant Jeffrey Sibree, Plaintiff, Amy Tichenor did the work of a full-time employee, first for Defendant Sibree from 2014 through 2016, and then for Hog Island, LLC DBA Breezy’s BBQ that Sibree created from 2016 through 2020. Defendant Jeffrey Sibree asked Ms. Tichenor to perform work as a full-time employee for Breezy’s BBQ, as Ms. Tichenor was never a member, officer, or owner of Hog Island, LLC DBA Breezy’s BBQ. Nor was she ever deemed a business partner through any legal documents (i.e., no partnership agreements, operating agreement, 2 2 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 or other such instruments that would reflect any ownership by Ms. Tichenor in the Breezy BBQ concession stand / beach boardwalk establishment. 5. Ms. Tichenor worked grueling 60-hour weeks for Breezy BBQ’s each year of operation during the summer seasons, while the Defendants, Jeffree Sibree, as sole owner of Breezy’s BBQ, performed hardly any functions at all, and further failed to pay Plaintiff any compensation: to wit, Plaintiff was not paid any wages, nor any 1099 compensation, nor profit shares or other money for her work performed, in violation of the New York Labor Law, Section 650 et seq. Nor was she paid any time-and-a-half rate of pay for the hours beyond 40 per week that Ms. Tichenor worked practically every week for eight summer seasons – including years 2017, 2018, 2019, and 2020 6. Specifically, Ms. Tichenor undertook substantial job duties and tasks for Breezy’s BBQ and for Mr. Sibree during the hot summer months on the boardwalk of Rockaway Beach. Temperatures would often be in the 80s and 90s on the days Ms. Tichenor worked, and there was no air conditioner at Breezy’s BBQ as it was an outdoor concession stand on the boardwalk. Plaintiff’s daily tasks included standing for at least eight hours a day at the front counter to take orders from customers; mopping floors; cleaning dishes; opening and closing; prepping food; making cornbread; cleaning the soda machines; making ice tea; making sure the kitchen was clean; making sure the dumpsters were clean; organizing walk-ins; chopping onions; chopping collard greens; wiping the counters, and taking out the garbage among other tasks. After her workday ended which normally began approximately an hour or two before officially opening or from 9:30 am-10 am until close which was 8 pm on weekdays and on weekends from 9-10 pm. Due to the many physically 3 3 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 demanding tasks Ms. Tichenor performed, it is estimated she walked approximately 11 miles a day. 7. In 2020, Defendant, Jeffrey Sibree, broke off his relationship with Plaintiff, Amy Tichenor. Prior to the breakup, Defendant Sibree purchased a house and failed to provide Ms. Tichenor with any of the promised ownership interest, nor any profits from any rentals of said house. While initially disappointed by the breakup, Ms. Tichenor has been gainfully employed over the past three years in a satisfying corporate position and has moved on with her life. However, when the Plaintiff, Amy Tichenor, requested that Defendant Jeffrey Sibree compensate her for the years of 60-hour workweeks that she provided for Breezy’s BBQ (first for Mr. Sibree, directly, and then for the LLC DBA Breezy’s BBQ) from 2014 through 2020, Defendant, Jeffrey Sibree, at first ignored her requests, and then rebuffed them. 8. Defendants have not provided Ms. Tichenor with any compensation for her years of labor and job functions performed for Breezy’s BBQ, and Ms. Tichenor’s demands for payment from Defendants have been futile/wrongfully ignored. Defendants’ disregards for Ms. Tichenor’s rights, and their blatant and intentional violations of the NYLL, left Plaintiff, Amy Tichenor, with no other option but to seek recourse from the Courts, for her substantial economic damages, loss of opportunities for other seasonal work from 2014 through 2020 (particularly 2017 through 2020 for purposes of the within Complaint), and for other related financial damages. 9. Further, Ms. Tichenor sacrificed a career in jewelry design for a prestigious salon in Tribeca to work for Defendants during the summer months. Ms. Tichenor also gave up 4 4 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 part-time and freelance positions she had including work at other food establishments and freelance jewelry projects. JURISDICTION AND VENUE: 10. This Court has jurisdiction over the within lawsuit as the controversy / dispute arises from Defendants’ violations of the New York Labor Law (NYLL), and the matter is timely, and the parties reside in New York State. Venue is proper in Queens County, because: (a) Defendants transact business in this County; (b) the conduct and acts of Defendants complained of herein occurred in all or in substantial part in Queens County; and (c) Plaintiff, Ms. Tichenor, resides in Queens County. PARTIES 11. Plaintiff, Ms. Tichenor is an experienced, successful businesswoman, and is presently employed full time in a corporate management role. She is a resident of 454 Beach 129th Street, Queens, New York. Ms. Tichenor was employed with Defendants, Mr. Jeffrey Sibree (2014 through 2016), and by Jeffrey Sibree in his sole-member LLC, Hog Island LLC DBA Breezy’s BBQ (2016 through-2020), often working seven days a week during the summer season, either on location at Breezy’s BBQ concession stand at the beach, or in a managerial/operations capacity. Ms. Tichenor is over the age of 18 years old. 12. Defendant, Hog Island LLC DBA Breezy’s BBQ, is a limited liability company incorporated in 2016 under the laws of the State of New York, with a principal place of business at 97-01 Shorefront Parkway, Rockaway, NY 11693. Hog Island LLC does business as (DBA) Breezy’s BBQ, a boardwalk concession stand / BBQ joint, operating primarily during the summer season from May through September. The business was 5 5 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 operational from the years 2014 – 2020, and its financial success and staying power throughout the years was based upon the arduous work and long hours of labor-intensive tasks performed by Ms. Tichenor. 13. Defendant, Jeffrey Sibree (“Mr. Sibree”), is an individual and resident of the State of New York with an address at 1788 Relyea Drive, Merrick, NY 11566. Mr. Sibree is the sole owner/sole member of Hog Island LLC, DBA Breezy’s BBQ. Prior to organizing said LLC entity, Mr. Sibree operated Breezy’s BBQ as a sole proprietorship from the years 2014- 2016. While said years are not covered under the NYLL, Mr. Sibree exploited Plaintiff, Amy Tichenor, during those years as well – having her work for Breezy’s BBQ for zero pay, while dangling a promise of a future house that they would buy, live-in, and rent out together at times as an investment property. Upon information and belief, the Defendant, Mr. Sibree, knowingly made such false promises of future compensation / future connection to Plaintiff in an attempt to induce the Plaintiff, Amy Tichenor, into working for him and for his company without any minimum wages, overtime pay, compensation or benefits, and Ms. Tichenor relied on said promises to her detriment, as discussed below. ADDITIONAL FACTUAL BACKGROUND 14. Hog Island LLC is a New York business organized under the laws of the State of New York, owned by Mr. Sibree as the LLC’s sole member. Between 2014 and 2020, Plaintiff, Ms. Amy Tichenor, and Defendant, Mr. Jeffrey Sibree, were in a long-term relationship in contemplation of marriage. 15. From 2014 through 2020, Mr. Sibree, and subsequently Hog Island LLC DBA Breezy’s BBQ, employed Ms. Tichenor at Breezy’s BBQ in a “jack of all trades” capacity, wherein she worked 60-hour weeks in various roles, both behind-the-scenes and at the BBQ / 6 6 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 concession stand itself, preparing and cooking food, or overseeing staff in such cooking, ordering food and supplies, and dealing with administrative paperwork to keep the BBQ concession stand going, all while receiving zero pay or wages for her work. Neither was Ms. Tichenor provided 1099 payment or compensation for six years of blood, sweat, and tears that made Breezy’s BBQ a known staple at Far Rockaway Beach, NY. 16. Defendants willfully violated the NYLL by failing to pay Ms. Tichenor minimum wages, or any over-time pay for hours worked beyond 40 hours in a week, during years 2014, 2015, 2016, and for the years covered by the NYLL, including 2017, 2018, 2019, and 2020. 17. Defendants did not provide Ms. Tichenor with a wage notice at the time of hiring her, nor did they provide such a wage notice throughout her employment. Defendants further failed to provide Plaintiff with a wage statement with each week that she would have been entitled to wages (had the Defendants been paying her, which they were not). 18. Ms. Tichenor continued assisting at Breezy’s BBQ in reliance on her future with Mr. Sibree and promises that she would be compensated for her substantial investment. Based upon increasing minimum wage pay rates between years 2017 and 2020, and over- time pay rates of 1.5 X any such pay rate, multiplied by the number of hours worked by Plaintiff over eighteen week seasons for more than six years of operations (including years 2017, 2018, 2019, and 2020), (accounting for adjustments in minimum wage rates from 2017 through 2020, Ms. Tichenor is entitled to back wages, over-time pay, in an amount not less than $500,000 (Five-Hundred Thousand Dollars), and potentially far more, when factoring in liquidated damages per NYLL Statute, costs, and interest, and attorney’s fees, and upon further analysis by a professional financial expert at trial. 7 7 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 19. During the 2018 and 2019 summer seasons, Defendant Jeffrey Mr. Sibree stepped further back from any functioning, contributory role in operating Breezy’s BBQ, and Ms. Tichenor upped her oversight of the BBQ establishment to 75% - managing every aspect except for the smoked meats. During these years, Defendant, Mr. Sibree participated in recreational events on Saturdays and Sundays, and refrained from staying at the establishment during any of the operating hours, opting instead to patronize a local brewery and tend to his garden while Plaintiff, Amy Tichenor, worked tirelessly at Breezy’s BBQ. 20. Breezy’s BBQ was open from 12pm-9pm during the summer months from years 2014 through 2020, with Plaintiff, Ms. Tichenor, arriving two hours prior to opening (10am) each day to set up and prepare. Other than sleeping, Ms. Tichenor was tending to Breezy’s BBQ every day of each week, on a regular seasonal basis, from May through September of 2014 through 2020. 21. Ms. Tichenor performed job duties / work as a non-exempt employee, for substantially long hours for Breezy’s BBQ over a six-year period, only to be falsely promised a future payout, without being paid a dime by Defendants in wages or over-time pay for six years. 22. Several employees/witnesses, inclusive of Jhana Hutchinson, Alberto Laburu and Melinda Sparks have and will attest to and confirm Ms. Tichenor’s efforts, responsibilities, and long hours spent working at Breezy’s BBQ for the aforementioned summer months. 23. In addition, Ms. Tichenor advertised Breezy’s BBQ extensively on Instagram, posting near daily photos of her workdays that showed her tending to customers, cooking, and related tasks. Defendants cannot show any paper trail of wages or 1099 compensation to Plaintiff from 2014 through 2020 (or from 2017 through 2020 specifically), because Defendants never made such payments. 8 8 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 24. During the off-season, Ms. Tichenor held numerous secondary marketing/hospitality jobs, using her salaries and wages, in large, to satisfy her student loan payments and household expenses, joint living expenses, restaurant, travel, and pet expenses. 25. Breezy’s BBQ and Hog Island LLC consistently generated a profit annually. Mr. Sibree and his father handled all cash deposits; Ms. Tichenor would collect all cash and provide it to Defendant, Mr. Sibree, and Defendant’s father, Mr. James Sibree, on a weekly basis. 26. After two seasons of operating Breezy’s BBQ, in or about 2016, Plaintiff, Ms. Amy Tichenor, and Defendant, Mr. Jeffrey Sibree, put money towards the down payment of a property located at 68-10 Almeda Ave, Arverne, NY 11692 (the “Property”) to live in / rent out as an Airbnb/vacation property. This down payment was provided via a corporation, 68-10 Almeda LLC, wherein Mr. Sibree and his father (James Sibree) were sole members. Despite having initial contact with the real estate agent, being present for all meetings, and managing the property, when Ms. Tichenor requested to be a part of the LLC, she was denied any official ownership interest, and was instead told that “you are already family.” 27. Ms. Tichenor believed her efforts at Breezy’s BBQ and in managing the property would result in partial ownership of the Property. 28. In 2020, Mr. Sibree ended his seven-year relationship with Ms. Tichenor, without providing her any ownership or other interest in the Property (despite promises to the contrary). Ms. Tichenor subsequently vacated the Property and rented a space in Far Rockaway. 29. On October 5, 2023, Ms. Tichenor, via her legal counsel, sent a letter to Mr. Jeffrey Sibree, requesting that he provide unpaid wages due and owing her for the duration of her 9 9 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 employment with himself and Hog Island LLC. Mr. Sibree failed to respond to Ms. Tichenor’s demand. Ms. Tichenor is now forced to bring this action to recover compensation for the years of services and labor that she rendered for Defendant’s benefit and profits, without any payment by Defendants. FIRST CAUSE OF ACTION Violation of Overtime Provisions, NYLL §652 and 12 NYCRR § 137-1.3 30. Plaintiff, Ms. Tichenor, repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint against the Defendants, as if more fully set forth herein. 31. Defendants employed Ms. Tichenor in various roles from the years 2014 – 2020. 32. Plaintiff’s duties, tasks, and functions were that of a non-exempt, FLSA and NYLL covered employee, who would thus be legally entitled to receive 150% of her hourly rate for each hour of work she performed that exceeded 40 (forty) hours in a work week. 33. Plaintiff, Amy Tichenor, regularly worked 60 hours per week, thus working 20 (twenty) hours of over-time on a regular basis but was not paid the legally required overtime rate of time and a half for all hours worked over 40 (in fact, she was paid nothing at all). 34. Defendants failed to pay Ms. Tichenor at the legally required overtime rate, pursuant to the NYLL § 652 and 12 NYCRR § 137-1.3. 35. Defendants did not pay Ms. Tichenor overtime at a rate of time and a half per hour for the hours worked over 40 in a given week. 36. Ms. Tichenor is entitled to be paid the overtime she worked as an employee for the hours worked from May through September, for the years 2014 through 2020 (2017 through 2020 based on NYLL, and 2014 through 2020 based on the causes of action set forth, below), along with 100% liquidated damages, penalties, punitive damages, attorney’s fees, costs, 10 10 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 and interest, as permitted by NYLL §§ 650 and 652 et seq., based on Defendants’ intentional and repeated failure to pay Plaintiff, Ms. Tichenor, for her work performed at Breezy’s BBQ. THIRD CAUSE OF ACTION Wage Notice Penalties, NYLL §195(1) 37. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint against each of the Defendants, as if more fully set forth herein. 38. Pursuant to NYLL § 652, employees must be paid at least the minimum hourly wage for each hour that they work. 39. At all times relevant to Ms. Tichenor’s claims, Defendants were required to pay her a minimum hourly wage, at the rate for said minimum wage in each calendar year that Ms. Tichenor worked (i.e., 2014, 2015, 2016, 2017, 2018, 2019, and 2020). 40. Defendants wilfully failed to pay Ms. Tichenor minimum wages for all hours worked. 41. Defendants’ actions herein violated NYLL § 652. As a proximate result of Defendants’ aforementioned violations, Ms. Tichenor is entitled to recover the unpaid balance of wages owed to her in an amount according to proof at trial, plus interest, penalties, attorneys’ fees, expenses, and costs of suit. Moreover, Defendant Jeffrey Sibree is an “employer” within the meaning contemplated by the NYLL, and thus, NYLL permits the recovery of such damages from the entity (Hog Island, LLC DBA Breezy’s BBQ), and/or from the individual owner/employer, Defendant Jeffrey Sebree. Plaintiff seeks compensation and damages from both Defendants, who have joint and severable liability for Plaintiff’s unpaid wages and unpaid overtime compensation. 11 11 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 THIRD CAUSE OF ACTION Wage Notice Penalties, NYLL §195(1) 42. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint against each of the Defendants, as if more fully set forth herein. 43. NYLL §195(1)(a) requires that at time of hire, employers provide their employees a written notice of the employee’s “rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other . . . prevailing wage supplements, if any, claimed as part of any prevailing wage . . . the regular pay designated by the employer . . . the name of the employer; any “doing business as” names used by the employer; the physical address of the employer’s main office or principal place of business, and a mailing address if different; the telephone number of the employer . . . for each type of [prevailing wage] supplement claimed: (i) the hourly rate claimed; (ii) the type of supplement including when applicable but not limited to, pension or healthcare; (iii) the names and addresses of the person or entity providing such supplement; and (iv) the agreement, if any, requiring or providing for such supplement together with information on how copies of such agreements or summaries thereof may be obtained by an employee. 44. Defendants violated the aforesaid NYS statutory requirement by failing to provide any initial pay notice to Plaintiff, Ms. Tichenor, at any time in 2014, 2015, 2016, 2017, 2018, 2019, or 2020. 45. NYLL §198 empowers employees to sue their employers for violations of NYLL §195(1)(a). 12 12 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 46. As Ms. Tichenor worked at Defendants’ restaurant for over 100 workdays, she is entitled to recover the statutory maximum of $5,000, plus attorneys’ fees and costs against the Defendants under the within cause of action. FOURTH CAUSE OF ACTION Wage Statement Violation, NYLL § 195(3) 47. Ms. Tichenor repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint as if more fully set forth herein. 48. NYLL §195(3) requires that with each paycheck, employers provide employees with an accurate statement of “their regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular hours worked, and the number of overtime hours worked.” 49. Defendants violated this requirement by failing to provide accurate paystubs to Ms. Tichenor from the years 2014 – 2020, including failing to provide all money earned, all tax deductions and proper overtime pay. 50. NYLL §198 empowers employees to sue their employers for violations of NYLL §195(3). 51. As Ms. Tichenor worked at Defendants’ restaurant for over 100 workdays, she is entitled to recover the statutory maximum of $5,000, plus attorneys’ fees and costs, said $5,000 in Cause of Action #4 is in addition to the $5,000 that Plaintiff, Amy Tichenor, is entitled to under the third Cause of Action pleaded above. FIFTH CAUSE OF ACTION Unjust Enrichment 52. Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint against each of the Defendants as if more fully set forth herein. 13 13 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 53. From 2014 through 2020, Ms. Tichenor, through her work for Jeffrey Sibree and for Breezy’s BBQ concession stand / food establishment, conferred substantial economic benefits on Defendants by her labor for which she is entitled as-yet unpaid compensation. 54. Defendants accepted, indeed required, the services from Ms. Tichenor as part of her employment. 55. Ms. Tichenor reasonably expected to be compensated for her labor, which reasonable expectation Defendants fostered. 56. Defendants were unjust enriched by requiring and permitting labor from Ms. Tichenor. 57. Plaintiff is entitled to the reasonable value of the unpaid time may be readily calculated from the value of Ms. Tichenor’s labor, combined with the value of profits that Breezy BBQ incurred from years 2014 through 2020, in an amount to be determined at trial by a jury, but of an amount no less than $500,000, prior to liquidated damages, costs and related damages available under the NYLL. SIXTH CAUSE OF ACTION State Minimum Wage Violation Against Both Defendants 58. Plaintiff incorporates by reference and reallege each and every allegation contained above, as though fully set forth herein. 59. Defendants have repeatedly and willfully failed to pay to Plaintiff the wages owed to her Defendants have failed to pay Plaintiff the minimum wage as required under the New York Labor Law for the years 2014 through 2020. 60. Demand has been made on Defendants, but they have failed and refused to pay the wages. 61. By failing to pay Plaintiff’s minimum wages Defendants have violated New York Labor Law § 650 et seq. 14 14 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 62. Plaintiff is entitled to minimum wages and liquidated damages in accordance with New York Labor Law § 650 et seq. SEVENTH CAUSE OF ACTION Breach of Contract or, in the alternative, Unjust Enrichment 63. Plaintiff incorporates by reference and reallege each and every allegation contained above, as though fully set forth herein. 64. Plaintiff and Defendant Jeffrey Sibree formed a contract when he promised to reimburse Plaintiff in exchange for the years of unpaid labor she expended for his benefit and specifically promised to purchase and/or obtain a house for them to both live in, have Plaintiff represented as a partial owner of said house on the deed, and would share in any rental profits from using said house/property, at times, as a rental property. 65. By providing services and labor for Mr. Sibree, Plaintiff performed her contractual obligation. 66. Mr. Sibree’s failure to reimburse Plaintiff for the services and labor incurred breaches the contract. 67. As a result of this breach of contract, Plaintiff has suffered damages and worsened Plaintiff’s financial condition. 68. As a result if the conduct described above, Defendants have been unjustly enriched at the expense of Plaintiff. 69. By reason of the foregoing, Plaintiff has been damaged in an amount to be determined at trial, but in no event less than $500,000. 15 15 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 EIGHTH CAUSE OF ACTION Constructive Trust 70. Plaintiff incorporates by reference and reallege each and every allegation contained above, as though fully set forth herein. 71. As a consequence of Defendants’ actions, Plaintiff is entitled to the imposition of a constructive trust upon the property owned by Defendant Jeffrey Sibree (or any entity owned or controlled by Jeffree Sibree) which was earned through the unpaid labor and services performed by Plaintiff. NINTH CAUSE OF ACTION AGAINST DEFENDANT, JEFFREE SIBREE Fraud / Fraudulent Inducement in Employment: 72.Plaintiff repeats and re-alleges each and every allegation made in the above paragraphs of this Complaint against each of the Defendants as if more fully set forth herein. 73. The Defendant, Jeffrey Sibree, knowingly made false, material misrepresentations of fact to Plaintiff, Amy Tichenor, stating that if she worked for Breezy’s BBQ during the summer months, without pay, and made the business profitable, then Defendant, Jeffrey Sibree stated that he would compensate Plaintiff at a future date / future point in time by (a) purchasing and/or obtaining a house for them to both live in; (b) having Plaintiff, Amy Tichenor represented as a partial owner of said house on the deed; and (c) would share in any rental profits from using said house / property, at times, as a rental property. 74. Although Defendant Jeffrey Sibree’s above-referenced, knowingly false promise did not negate Defendants’ legal obligation to pay wages to Plaintiff, Amy Tichenor, as a non-member / non-owner of Breezy’s BBQ who worked tirelessly in an employee 16 16 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 capacity, Defendant Sibree still knowingly made such a false promise, with the intention of inducing Plaintiff, Amy Tichenor, into benefitting Defendant Sibree by inducing Ms. Tichenor to agree to work up to 60 hours per week, almost every day at times, for seven consecutive May-through-September beach seasons at Breezy’s BBQ concession stand / joint at the Far Rockaway Beach in Far Rockaway, New York. 75. Plaintiff, Amy Tichenor, did reasonably rely upon Defendant, Jeffrey Sibree’s false promises of future compensation / future economic reward in her decision to be an employee at Breezy’s BBQ, providing free labor to Breezy’s BBQ and accepting the unlawful failure of defendants to pay her, and Plaintiff, Amy Tichenor, as a result of said detrimental reliance upon Defendant Jeffrey Sibree’s knowingly false promises, did incur damages including a loss of other job opportunities during the summer months between 2014 and 2020. 76. As a result of the aforementioned fraudulent inducement into employment / fraudulent inducement into working for free at Breezy’s BBQ establishment, the Plaintiff is entitled to compensatory and punitive damages, in an amount not less than $500,000, or an amount to be determined by a jury at trial. DEMAND FOR RELIEF WHEREFORE, Ms. Tichenor respectfully makes demand as follows: a. Damages in an amount to be determined at a jury trial, plus pre-judgment interest, to compensate Plaintiff for all monetary and/economic damages, including but not limited to, back pay and overtime wages per Plaintiff’s first and second causes of action, but in an amount no less than $500,000; plus b. Liquidated damages pursuant to statute; plus 17 17 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 c. Statutory damages pursuant to the Wage Theft Prevention Act, NYLL §198, to compensate Plaintiff for her damages pursuant to Plaintiff’s third and fourth causes of action, in an amount of no less than $10,000 per violation; plus d. Compensatory damages for Plaintiff’s fifth and sixth causes of action, as pleaded above, in an amount to be determined by a jury at trial, but no less than an additional $500,000, plus e. Compensatory damages for Plaintiff’s seventh cause of action for breach of contract, in an amount to be determined by a jury at trial, but no less than an additional $500,000. f. Compensatory damages for Plaintiff’s eighth cause of action imposing a constructive trust upon any profits that Defendants (or any entity owned or controlled by Jeffree Sibree) may have earned through the failure to pay wages to Plaintiff. g. Compensatory damages for Plaintiff’s ninth cause of action for fraudulent inducement, in an amount to be determined by a jury at trial, but no less than an additional $500,000. h. Costs incurred in this action, as well as reasonable attorneys’ fees; and i. Such other and further relief as this Court deems just and proper. Dated: April 10, 2024 New York, New York By: _______________________ Bhavleen Sabharwal, Esq. Law Office of Bhavleen Sabharwal, P.C. Attorney For Plaintiff, Ms. Amy Tichenor 261 Madison Avenue, Suite 1063 New York, NY 10016 Tel: (917) 597-5984 Email: Bsabharwal@bsablaw.com 18 18 of 19 FILED: QUEENS COUNTY CLERK 04/10/2024 09:38 PM INDEX NO. 707743/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2024 19 19 of 19