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STATE OF NEW YORK SUPREME COURT

COUNTYOF SCHENECTADY

JOHNR. MASSARONI, MICHAEL GIORGIO and NATIONAL SPORTS MANAGEMENT, LLC, Plaintiffs.
- againstJOHN R. RICKERT,

FILED l)5/??/1012 ?!l?!?7 Counis Clerk J}HHJ. IIOI)DTARD SC}EIIECTAO? I CI}UIITY Inst !tur: 201:

COMPLAINT IndexNo.:

Defendant.

Plaintiffs,by andthroughtheir attorneys, Capasso Massaroni & LLP, uponinformationand belief,statethe following asandfor their Complaint: 1. At all timeshereinafter mentioned and relevant, plaintiff, John R. Massaroni, the resides within the Countyof Schenectady Stateof New York. and 2. At all timeshereinafter mentioned relevant, plaintiff, MichaelGiorgio,resides and the within the Countyof AlbanyandStateof New York.
a

At all times hereinaftermentionedand relevant,the plaintiff, NationalSports Management, LLC, is aLimitedLiabilityCompanydulyorganized existingunder and andby virtueof thelawsof the State New York, with a principalplaceof business of located at2l5 State Street, Schenectady, York 12305. New

4.

At all times hereinafter mentionedand relevant,the defendant, John R. Rickert, resides within the Countyof Schenectady State New York. and of

5.

At all timeshereinafter mentioned relevant, plaintiffs,JohnR. Massaroniand and the MichaelGiorgio,wereandstill areofficers,managers members theplaintifl and of

CAPASSO ta MASSARONI LLP 2I5 STATESTREET PO. BOX 1088 SCHENECIADY NE)(YORK 12301-1088

Natioiral Sports Managemcnt, LLC.

6.

At all times hereinafter mentioned was previously an and relevant,the defendant officer,manager member the plaintiff NationalSports and of Management LLC.

7.

At all timeshereinafter mentionedand relevant, variousdisputes aroseamongthe parties concerning management revenue the and sharing related theabove to Limited Liability Companyas well as compliance with the terms and conditionsof the Operating Agreement the Limited Liability Company of whichwasexecuted the on lst dayof January,2005.

8.

the day Onor about 8'h ofFebilary, 20l2,the plaintiffsandthedefendant entered into Agreement, which is annexed heretoandmadeaparthereofasExhibit a Settlement
nAtr.

AS AND FOR THE FIRST CAUSE OF ACTION FOR BREACII OF CONTRACT

9.

Theplaintiffsrepeat, reiterate reallege eachandeveryallegation, and claim and staternent contained paragraphs in numbered I " through"8", inclusive,with the " same forceandeffectasif fully setforth hereinat length.

10.

At all timeshereinafter mentioned relevant. above and the referenced Settlement Agreement required compliance the defendant by with certaintermsand conditions.

11.

At all timeshereinafter and mentioned relevant, plaintiffshavedemanded the of the defendant attorney complywith thetermsand to and/orthe defendant's

CATASSO

conditions setforth in the Settlement Agreement. as

&
MASSARONI LLP 2I5 STAIE STREET PO. BOX 1088 SCHENECTADY NE\fYORK 12301-1088

t2.

and At all timeshereinafter despite demand mentioned relevant, due for

compliance havingbeenmadeby theplaintiffsto the defendant and/orto the defendant's attorney, defendant failedand/orrefused complywith the the has to same.

13.

As a directresult,thedefendant herebyin breach the above is of referenced Settlement Agreement, the plaintiffshavebeendamaged the sumof five and in hundred ($500,000.00) thousand 00/100 and dollars. AS AND FOR TIIE SECONDCAUSEOF ACTION SOUNDING IN FRAUD

1 4.

Theplaintiffs,repeat, reiterate reallege and eachandeveryallegation, claim and statement contained paragraphs in numbered throughu13",inclusivewith the "1" same forceandeffectasif fully setforth hereinat length.

15.

The defendant madefraudulent falsestatements misrepresentationsthe and and to plaintiffs andfraudulently concealed receipts feesfrom professional of athletes including,but not limited to, NFL footballplayers, professional boxers, professional players, baseball entertainers, others which theplaintiffs are and to entitledto revenue sharing.

t6.

The defendant fraudulently also represented theplaintiffs thattherearevarious to athletes which he doesnot represent, while representing themedia,both social to andpublic,that he in factrepresents thoseplayers.

t7.

The defendant knewthat the staternents representations fraudulent and were and falsewhentheyweremade.

G{PASSO & MASSARONI LLP 2I5 STATESTREET PO. BOX 1088 SCHENECTADY NE\TYORK r2301-1088

18.

Tlie defendant madethestatcments represcntations theintentto deceive and witir

theplaintiffs. 19. These fraudulent falsestatements representations intentionally and and were made to inducetheplaintiffs to enterinto the above-referenced Settlement Agreement. 20. Theplaintiffsbelieved statements representations be true andactedin the and to reliance thernin goodfaith andweredeceived. on 2T. Accordingly, defendant the fraudulently induced plaintiffs into entering the into the above referenced Settlement Agreement makingpromises representations by and which wereuntrueandwhich he neverintended keep. to 22. By reason saidfraudulent falsestatements misrepresentations, of and and the plaintiffs havesustained substantial monetary damages. 23. The actions the defendant of werogross, wantonandwereof high moral culpabilityandroseto the level of willful fraud. 24. By reason the foregoing, plaintiffshavebeendamaged the sumof five of the in hundred thousand 00/100 ($500,000.00) and dollars. 25. By reason the foregoing, plaintiffs areentitledto punitivedamages the of the in amount onemillion dollars of ($1,000,000.00). judgmentagainst defendant follows: wherefore, plaintiffs dernand the the as a) Compensatory damages the amountof five hundred in thousand dollars ($500,000.00);
b)
Q{PASSO & MASSARONI LLP 2I5 STATESTREET PO. BOX 1088 SCHENECIADY NE\vYORK 1230r-1088

Punitive damages theamount onemillion dollars in of ($1,000,000.00); Together with the costsof this actionandsuchotherandfurtherrelief as just the Courtdeems andproper.

c)

Dated:May 18,2012

CA/esSo.& MASSARoNI LLP


Attorneys for Plaintiff 215 StateStreet, P.O.Box 1088 Schenectady, York 12301-1088 New

R. feEbold, Esq.

(5r8) 374-1800

CAPASSO & MASSARONI LI.P 2I5 STAIE STREET PO. BOX lO88 SCHENECIADY NE\TYORK 12301-1088

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