SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS VALERIE KETO, as Administratrix of the Bstate of JESSICA KETO, Plaintiff, COMPLAINT -against- Index No. 2014/1916 ‘TOM NICCHI, THE STATE ROOM and GRAMRO ENTERTAINMENT CORP., Defendants. Plaintiff, VALERIE KETO, as Administratrix of the Estate of JESSICA KETO, through her attomneys, Corbally, Gartland and Rappleyea, LLP, for her complaint against defendants, states and alleges: 1, Plaintiff is and was at all times hereinafter alleged a resident of the County of Dutchess, State of New York. 2. Upon information and belief, defendants are and were at all times hereinafter alleged residents of the County of Albany, State of New York, doing business in the County of Albany, and holding themselves out to the general public as capable to hosting and ‘managing weddings and catered events. 3. Plaintiff's decedent and defendants entered into an alleged contract whereby defendants agreed, inter alia, to provide catering services and a location for the wedding of Jes ica Keto. Upon information and belief, this alleged contract, and how it was executed by defendants, is a deceptive and misleading business practice. ‘CORBALLY, GARTLAND AND RAPPLEVEA, LLP» ATTORNEYS AND COUNSELORS AT LAW ‘35 MARKET STREET © POUGHKEEPSIE, NEW YORK T2001» as at1904. Approximately six (6) weeks before the scheduled wedding date, Jessica Keto died unexpectedly. 5. Defendants were immediately informed of the death of Jessica Keto and the fact that the wedding would not take place. 6. Atthe time of the death of Jessica Keto, defendants had been paid $19,523.70, the full price for the event which was to include, inter alia, food and alcohol, even though this wedding was many weeks away. 7. Plaintiff, both orally and in writing, requested that defendants refund all or some of said funds, given that, due to Jessica Keto’s death, no wedding would be held. 8. Despite repeated demands, defendants failed and refused to refund any of the funds paid and defendants have retained the entire sum First Cause of Action Plaintiff repeats and reiterates each and every allegation contained in paragraphs “1” through “8” of this complaint as if set forth herein at length, 10. Defendants have breached the parties’ agreement in failing to repay any of the said sums paid. Among other terms, the alleged agreement states that itis “subject to acts of God . . . or other emergencies” which make performance impossible. Here, performance was impossible, thus rendering the agreement void and requiring a full refund of said funds. 11, Defendants have also been unjustly enriched, at plaintiff’s expense, by Virtue of their retention of all funds, as if the wedding had actually occurred. It is against equity and good conscience to permit defendants to retain said funds and refuse to refund any, ‘CORBALLY, GARTLAND AND RAPPLEVER, LLP + ATTORNEYS AND COUNSELORS AT LAW ‘SS MARKET STREET. + POUGHKEEPSIE, NEW YORK 12001.» (a6) 4209190,12, Asaresult of the preceding, plaintiff has been damaged in the amount of $19,523.70, together with interest, Second C: 13, Plaintiff repeats and reiterates each and every allegation contained in paragraphs “1” through “12” of this complaint as if set forth herein at length. 14, Defendants’ alleged contract is void, unconscionable, unenforceable and illegal because, inter alia, it seeks to impose a penalty and allows defendants to retain significant funds they did not eam, Once the wedding was cancelled due the death of Jessica Keto, defendants did not have to pay for the food, liquor or many other costs which were included in part of the sums paid to defendants. Thus, defendants seek to retain an improper and illegal windfall, 15, The controversy between plaintiff and defendants is justiciable and ripe. ‘The parties disagree as to their respective rights and obligations under the alleged agreement. Until this difference is judicially determined, it will continue to cause confusion and dissension between the parties, which is harmful. 16. By reason of the preceding facts, plaintiff requests a determination from this Court that the alleged agreement is void, unconscionable, unenforceable and illegal because, inter alia, it seeks to impose a penalty and allows defendants to retain significant funds they did not earn, and directing defendants to refund $19,523.70, together with interest, rd Cause of Action 17. Pla {T repeats and reiterates each and every allegation contained in paragraphs “1” through “16” of this complaint as if set forth herein at length, ‘CORBALLY, GARTLAND AND RAPPLEVER, LLP + ATTORNEYS AND COUNSELORS AT LAW ‘35 MARKET STREET.» POUGHKEEPSIE, NEW VORK 12601" » (845) 4941110,18. The aforesaid conduct by defendants constitute deceptive and misleading business practices, in violation of § 349 of the New York General Business Law (the “GBL”). 19, Defendants are liable to plaintiff for actual damages of $19,523.70, together with interest, treble damages under the statute, and plaintiff's costs and reasonable attomeys fees, pursuant to GBL § 349. WHEREFORE, Plaintiff demands judgment against defendants as follows: A. On the First Cause of Action, a money judgment of $19,523.70, together with interest; B. —_Onthe Second Cause of Action, a judgment declaring that the alleged agreement is void, unconscionable, unenforceable and illegal because, inter alia, it seeks to impose a penalty and allows defendants to retain significant funds they did not earn, and directing defendants to refund $19,523.70, together with interest; C. On the Third Cause of Action, a money judgment of $19,523.70, together with interest, treble damages under the statute, and plaintiff's costs and reasonable attorneys fees, pursuant to GBL § 349; and D. Judgment for such other and further relief as the Court deems just and proper, including the costs and disbursements of this action. (CORBALLY, GARTLAND AND RAPPLEVEA, LLP. + ATTORNEYS AND COUNSELORS AT LAW ‘SS MARKET STREET” © POUGHKEEPSE NEW VORK 12601» (645) 94-110,Dated: Poughkeepsie, New York July 28, 2014 Corbally, Gartland and Rappleyea, LLP Attorneys for Plaintiff 35 Market Street Poughkeepsie, New York 12601 (845) 454-1110 CORBALLY. GARTLAND AND RAPPLEVEA,LLP_ + ATTORNEYS AND COUNSELORS ATLAW 'S5MINRKET STREET © POUGHKEEPSIE, NEW YORK 12001» (@) 454.1110