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FILED: NEW YORK COUNTY CLERK 10/26/2011NYSCEF DOC. NO. 1

INDEX NO. 652945/2011 RECEIVED NYSCEF: 10/26/2011

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------x BJ 3 REST CORP., P.G.M. RESTAURANT CORP., : JOHN FRASER, ANTOINETTE ALTIERI, and : REBEKAH ALTIERI, : : Plaintiffs, : : -against: : BRUNO V. GIOFFRE, JR., ANTHONY J. DiFIORE, : THE QUINN LAW FIRM, P.L.L.C., GUY T. PARISI, : and LAW OFFICE OF BRUNO V. GIOFFRE, JR., LLC, : : Defendants. : -----------------------------------------x To the above-named defendants:

Index No. SUMMONS

YOU ARE HEREBY SUMMONED to answer the annexed Complaint in this action and to serve a copy of your answer upon counsel for plaintiffs within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after service is complete if this Summons is not personally delivered to you within the State of New York) and in case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. The action will be heard in the Supreme Court of the State of New York, New York County. The basis for venue is that plaintiffs BJ 3 Rest Corp. and P.G.M. Restaurant Corp. both have places of business in New York County. Dated: New York, New York October 26, 2011 SCHWARTZ & PONTERIO, PLLC Attorneys for Plaintiffs

By:

___________________________ Matthew F. Schwartz 134 West 29th Street Suite 1006 New York, New York 10001 Telephone: (212) 714-1200

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------x BJ 3 REST CORP., P.G.M. RESTAURANT CORP., : JOHN FRASER, ANTOINETTE ALTIERI, and : REBEKAH ALTIERI, : : Plaintiffs, : : -against: : BRUNO V. GIOFFRE, JR., ANTHONY J. DiFIORE, : THE QUINN LAW FIRM, P.L.L.C., GUY T. PARISI, : and LAW OFFICE OF BRUNO V. GIOFFRE, JR., LLC, : : Defendants. : -----------------------------------------x

Index No. COMPLAINT

Plaintiffs BJ 3 Rest Corp., P.G.M. Restaurant Corp., Antoinette Altieri, John Fraser, and Rebekah Altieri, as and for their Verified Complaint against defendants Bruno V. Gioffre, Jr., Anthony J. DiFiore, The Quinn Law Firm, PLLC, Guy T. Parisi, and Law Office of Bruno V. Gioffre, Jr., LLC, hereby allege upon personal knowledge and upon information and belief: The Parties 1. Plaintiff BJ3 Rest Corp. (BJ3) is, and at all times relevant to this lawsuit, was, a

corporation organized and existing under the laws of the State of New York. 2. Plaintiff P.G.M. Restaurant Corp. (PGM) is, and at all times relevant to this

lawsuit, was, a corporation organized and existing under the laws of the State of New York. 3. 4. 5. 6. Plaintiff John Fraser (Fraser) is a resident of the State of New York. Plaintiff Antoinette Altieri (Antoinette) is a resident of the State of New York. Plaintiff Rebekah Altieri (Rebekah) is a resident of the State of New York. Upon information and belief, defendant Bruno V. Gioffre, Jr. (Gioffre) is a

resident of the State of New York. 1

7.

At all times relevant to this lawsuit, defendant Gioffre was an attorney admitted to

practice law in the State of New York. 8. Upon information and belief, defendant Anthony J. DiFiore (DiFiore) is a

resident of the State of New York. 9. At all times relevant to this lawsuit, defendant DiFiore was an attorney admitted

to practice law in the State of New York. 10. Upon information and belief, defendant The Quinn Law Firm, PLLC (the Quinn

firm) is a professional limited liability company formed under the laws of the State of New York. 11. Upon information and belief, defendant Guy T. Parisi (Parisi) is a resident of

the State of New York. 12. At all times relevant to this lawsuit, defendant Parisi was an attorney admitted to

practice law in the State of New York. 13. Upon information and belief, defendant Law Office of Bruno V. Gioffre, Jr. (the

Gioffre firm) is a limited liability company formed under the laws of the State of New York. 14. At all times relevant to this lawsuit, Gioffre was either a member, owner, counsel

to, or employee of the Gioffre firm and all the actions of defendant Gioffre described in this Complaint were undertaken in such capacity. 15. At all times relevant to this lawsuit, Gioffre, the Gioffre firm, and DiFiore were

either employed by, members of, counsel to, or otherwise associated with, the Quinn firm and all the actions of defendants Gioffre, the Gioffre firm, and DiFiore described in this Complaint were undertaken in such capacity.

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John Frasers Background 16. John Fraser is a premier New York chef. He began in the culinary industry

working as a bartender and line cook while pursuing a degree in Anthropology from the University of California, San Diego. Fraser went on to cook for two notable Los Angeles establishments, Cocco Pazzo and Raffles LErmitage Beverly Hills, rising through the ranks to become sous chef at both locations. 17. In 2000, Fraser moved to Napa Valley to become a chef de partie under Thomas

Keller at French Laundry, where he worked for two years. 18. Fraser came to New York in 2003 and established Snack Taverna, an intimate

Greek trattoria, with a friend. Two years later, he moved to Compass where he drew critical acclaim, and 2 stars from The New York Times. In 2006, John was named as one of only four young chefs to watch in America, by Esquire magazine which called Compass, the best restaurant on the Upper West Side. 19. Frasers passion and growth as a chef and restaurant owner were realized in

December, 2007 with the opening of Dovetail in New York. In addition to a slew of accolades, Dovetail has received three stars from The New York Times as well as its first Michelin star in the 2011 New York Guide. Rebekah Altieri 20. Rebekah Altieri has an extensive background in accounting and in the New York

restaurant industry. Beginning in 1992, she oversaw operation of the family-owned restaurant Champs Sport Rock Cafe in Croton, New York. From 1993 to 1995, she worked as a waitress at Spiga in Scarsdale.

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21.

In 1995, she attended The Chubb Institute where she studied accounting and

computer programming. From 1996 to 1999, she was finance director for White Plains Hyundai White Plains NY and Fuciello Dodge New Rochelle NY 22. From 2002 to present, she has been the owner and operator of R and R Tax

Service, a small business accounting and tax firm. 23. In 2006, Rebekah purchased an interest in Destino from Eytan Sugarman and

Justin Timberlake. Since then, she has operated Destino to excellent reviews. 24. In 2007, she assisted in the build out and grand opening of Justin Timberlakes

new restaurant, Southern Hospitality. In 2008, she reorganized Islero restaurant and was responsible for daily operations of the restaurant. In 2009, she worked on the reorganization of Cain Leisure and took charge of all financial operations for three venues, including The Surf Lodge in Montauk and Gold Bar in New York. What Happens When 25. Fraser, Antoinette, and Rebekah came together to create a new restaurant and the

project developed into What Happens When. Their idea was to create a temporary restaurant installation that was to transform every 30 days into an entirely new restaurant. 26. Plaintiffs found a location for the restaurant on the ground floor of 25 Cleveland

Place, the former home to the restaurant Le Jardin Bistro. Their plan was to have the space for 9 months in a reclaimed space in New York City and change focus with a new movement every month in order to explore what it means to feed people within the traditional constructs of dining, as well as creativity. 27. At the end of the initial nine months, plaintiffs planned to continue the operation

by picking one theme for the restaurant, either the most successful monthly movement or a more 4

traditional theme, perhaps operating as a steakhouse, for as long as their landlord would allow them to remain in the space. Le Jardin Bistro 28. In November, 2010, plaintiffs found the perfect location for their planned

restaurant, the space previously occupied by Le Jardin Bistro at 25 Cleveland Place (the Cleveland Place premises). 29. In October, 2010, Gerald Katz (Katz) was the principal owner of PGM which

had operated Le Jardin Bistro. PGM held the On Premises Liquor License for le Jardin Bistro (License No. 1025134)(the PGM license) issued by the New York State Liquor Authority (NYSLA). A copy of the PGM license is annexed as Exhibit 1. 30. In October, 2010, PGM was losing its lease because the owner of the Cleveland

Place premises intended to redevelop the property. The Cleveland Place premises were therefore available for a short term lease, through the fall of 2011 and on a month to month basis thereafter. 31. In November, 2010, plaintiffs entered negotiations with Katz to purchase PGM,

and along with it, the PGM liquor license, and with PGMs landlord, in order to lease the Cleveland Place premises for What Happens When. Retainer of Defendants Gioffre, DiFiore, and The Quinn firm 32. In or around November, 2010, plaintiffs retained Gioffre and the Gioffre firm, in

their capacities as attorneys, to represent and advise them in connection with the creation of What Happens When, and related matters, including the purchase of PGM stock and liquor license, the negotiation and execution of a lease for the Cleveland Place premises, and the corporate change application for the PGM license and all related matters. 5

33.

At that time, Gioffre was limited in his ability to practice before the NYSLA

because of a prior criminal conviction. Specifically, on or about Dece