NYSCEF DOC NO. 1 INDEX NO. UNASSIGNED RECEIVED NYSCEF: STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ALBANY BASKETBALL SPORTS CORPORATION, Plaintiff, SUMMONS ?against? Index No. Date Purchased: Plaintiff Designates Albany County as the Place of Trial MIGOS, MIGOS TOURING, INC, Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), and JOHN DOES 1 through 5, Whose names are presently unknown, individually and/ or as agents, servants, and or employees of the musical group MIGOS. Defendants. 03 To the above?named Defendants: your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on plaintiffs attorney within twenty days after the service of this Summons, exclusive of the day of service (or within thirty days after the 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 appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: March 2, 2018 Law Of?ce of Teresi Little/PLLC aggro William amine Allorneyfor the Plainti? 21 Colvin Avenue Albany, New York 12206 (518) 543?5291 (518) 543?5290 FAX of 14 You are hereby Summoned to answer the Complaint in this action, and to serve a copy of /05/2018 NYSCEF DOC. NO. TO: MIGOS TOURING, INC. 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. MIGOS 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. Quavious Keyate Marshall (Quavo) 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. Kirshnik Khari Ball (Takeoff) 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. Kiari Kendrell Cephus (Offset) 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. John Does 1 through 5 541 Tenth Street, NW Suite 365, Atlanta, Georgia 30309. 2 of 14 RECEIVED NYSCEF: INDEX NO. UNASSIGNED 0: /05/2018 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ALBANY BASKETBALL SPORTS CORPORATION, Plaintiff, VERIFIED COMPLAINT ?against- Index 0.: JURY TRIAL DEMANDED MIGOS, MIGOS TOURING, INC, Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), and JOHN DOES 1 through 5, whose names are presently unknown, individually and/ or as agents, servants, and or employees of the musical group MIGOS. Defendants. Plaintiff ALBANY BASKETBALL SPORTS CORPORATION, by and through its attorneys, THE LAW OFFICE OF TERESI LTITLE, PLLC, respectfully submits the following upon information and belief: NATURE OF ACTION 1. This is a civil action brought to redress the negligence and outright reckless and careless actions of the defendants on the evening of March 6, 2015 and or the early morning hours of March 7, 2015 when the defendants, negligently and without any care, caused a riot at the concert held at the Albany Basketball Sports 3 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 Corporation?s complex (hereinafter ?Washington Avenue Armory?) located at 195 Washington Avenue, in the City of Albany, County of Albany, State of New York. 2. The actions of the defendants caused patrons to be stabbed, robbed, beaten, severely harmed, and injured as the defendants continued to incite a select group of individuals to continue the onslaught of attacks, assaults, and destruction of the premises. 3. Despite the severity of the incident the defendants were seen laughing and egging the crowd on as metal gates were ripped from the ground and thrown into the crowd. 4. Plaintiff brings this action to recover damages suffered as a result of the actions of the defendants including, property, personal, breach of contract, economic, loss of income, and loss of business and further damages to be determined. PARTIES 5. At all times relevant Plaintiff, ALBANY BASKETBALL 8: SPORTS CORPORATION, was at all times relevant a Domestic Business Corporation with a principal place of business located at 195 Washington Avenue, in the City of Albany, County Of Albany, State of New York and within the jurisdiction of the this court. 6. At all times relevant the defendant, MIGOS, was and is an American Rap group composed of three rappers, known by their stage names "Quavo", ?Offset?, and ?Takeoff". 7. That upon information and belief, the defendant Quavious Keyate Marshall (Quavo) was at all times relevant a member of the rap group MIGOS. 4 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 8. That upon information and belief, the defendant Kirshnik Khari Ball (Takeoff) was at all times relevant a member of the rap group MIGOS. 9. That upon information and belief, the defendant Kiari Kendrell Cephus (Offset) was at all times relevant a member of the rap group MIGOS. 10. That upon information and belief, the defendants John Does through were at all times relevant agents, employees, and or servants of the defendants MIGOS and MIGOS TOURING, INC. and were otherwise authorized to act on behalf of the defendants MIGOS and MIGOS TOURING, INC. 11. That upon information and belief, the defendant MIGOS TOURING, INC. is a foreign. business corporation with a principal place of business located at 541 Tenth Street, NW Suite 365, Atlanta, Georgia. 51% 12. The plaintiff contracted with MIGOS and or MIGOS TOURING, INC. to have the rap trio perform a concert at the Washington Avenue Armory on or about March 7, 2015. 13. That as part of the contract, the defendants agreed to engage in a meet and greet with fans prior to the concert wherein fans would have the opportunity to meet and take photographs with the defendants for an additional cost. 14. That the defendants agreed to appear for the meet and greet at the Washington Avenue Armory at or around 7:30 PM. 5 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 15. That the plaintiff relied upon the defendants? representation and contract that the defendants would appear for the meet and greet and the plaintiff collected fees and charged numerous fans admission to attend the meet and greet. 16. That the defendants failed to show for the meet and greet and were approximately three (3) to four (4) hours late for the concert. 17. That upon information and belief, the plaintiff were obligated to reimburse the attendees who were charged for the meet and greet and the fans were extremely disappointed and angered by the defendants actions. 18. That the concert was to begin on or about 9:00 PM. however, the defendants did not arrive until close to midnight. 19. That the plaintiff was required to improvise to calm tensions from an increasingly agitated crowd eager to see MIGOS perform. 20. That several times during the night, and prior to arrival, the plaintiff contemplated cancelling the concert as plaintiff was concerned that the defendants would not attend. 21. That the crowd became increasingly agitated as it appeared that the defendants may not attend and or perform as agreed per the contract. 22. That after several hours the defendants finally appeared with an entourage that appeared intoxicated, wreaked. of marijuana, and reportedly under the in?uence of other controlled substances. 23. That during the defendants? performance the defendants encouraged fans to fight, ?give them hell" and kick ass. 6 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 24. That upon information and belief, members of and or their agents, servants, and employees were seen exiting the stage and attacking members of the crowd. 25. That rather than attempting to dissuade the crowd from fighting and/ or their agents, servants, and employees were heard encouraging, cheering, and inciting the patrons to fight. 26. That as a result of the defendants? actions a brawl erupted and numerous patrons were injured. 27. That as a result of the fight and subsequent negative media attention the plaintiff, lost its liquor license, was forced to cancel several shows and events, and sustained significant economic damages, loss of revenue and income. 28. Further the plaintiff sustained significant property damages, and incurred fees and expenses related to litigation and nuisance violations from the City of Albany. 29. That the plaintiff continues to experience loss of income and revenue directly related to the incident in March 2015. 30. MIGOS is a rap trio based in Atlanta, Georgia and acquired the group name ?Migos? from association to the drug trade in Georgia where the term ?Migos? is referred to as an abandoned house used for the production or consumption of drugs. 31. The rap group has gained a reputation for violence and criminal activity and acting in a manner similar to the March 2015 incident. 32. That on or about April 18, 2015, MIGOS were to perform at Georgia Southern University?s spring concert. 7 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 33. Upon information and belief, the defendants arrived one and a half hours late, performed less than the agreed upon time, and were arrested on school grounds for possession of marijuana, possession of another controlled substance, possession of a firearm on school grounds, possession of a firearm by a convicted felon, and several additional felony and misdemeanor charges. 34. That upon information. and belief on May 2, 2015, the defendant Offset, while in custody, was charged with battery and inciting a riot within a penal facility after attacking another inmate, causing that inmate severe injury. 35. That upon information and belief, on or about October 2014, the defendant Offset was recorded on video jumping off stage and ?superman punching? a fan for no apparent reason causing a brawl. 36. That MIGOS can be found on YouTube, World Star, and various other social media outlets engaging in fights, inciting riots, and committing crimes. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS 37. Plaintiff repeats and realleges paragraphs through ?36? and incorporates the same herein by reference. 38. As set forth above in the description of events at the concert, the defendants MIGOS and defendants individually and as agents of the group MIGOS, were negligent in causing a riot. 39. That the defendants MIGOS, Quavious Keyate Marshall (Quavo), Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), and John Does 1 through 5, in their actions and/ or omissions caused concert goers, supporters, and fans to engage in 8 of 14 INDEX NO. UNASSIGNED NYSCEF DOC NO 1 RECEIVED NYSCEF: 03/05/2018 physical violence, to create a public disturbance which by tumultuous and violent conduct created and caused grave danger of damage and injury. 40. As a result of the defendants actions several patrons were severely injured, property was damaged and the Plaintiff was damaged. 41. The defendants? Speech, as set forth above, caused a riot with violence against the plaintiff and others, and does not constitute speech protected by the First Amendment to the United States Constitution or any analogous provision in the New York State Constitution. 42. As a result of the foregoing, Plaintiff was caused to suffer property, economic, and financial hardship and damages. AS AND FOR A. SECOND CAUSE OF ACTION AGAINST DEFENDANTS NEGLIGENCE AND RECKLESSNESS 43. Plaintiff repeats and realleges paragraphs through ?42" and incorporates the same herein by reference. 44. That the defendants were negligent and breached this duty through their negligent, grossly negligent and/ or reckless actions as set forth in the complaint. 45. That upon information and belief, the defendants were negligent wanton, reckless. and careless herein without any culpable conduct and or actions of the plaintiff. 46. That the defendants knew or should have known that by encouraging members of the audience to get em?, ?give them hell?, and other harmful words, 9 of 14 NYSCEF DOC. INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 these individuals would physically attack and continue to attack other patrons at the facility. 47. In particular the rap group MIGOS can be heard negligently encouraging crowd members to fight and engage in Violent and Vicious behavior. 48. That the defendant was negligent, wanton, reckless, careless, and grossly negligent. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS BREACH OF CONTRACT 49. Plaintiff repeats and realleges paragraphs through ?48? and incorporates the same herein by reference. 50. That on or about January 7, 203 5 the plaintiff and the defendants entered into the ?Artist Engagement Agreement?. 51. That at all times relevant, the plaintiff complied with all provisions of the contract. 52. That the defendants agreed to comply with the contract in good faith and not engage in any actions or behaviors that would be in violation of the contract. 53. That upon information and belief, the defendants breached the contract. 54. That as a result of the defendants breach of the contract the plaintiff sustained economic and property damages. AS AND FOR A FOURTH CAUSE OF ACTION VICARIOUS LIABILITY 55. Plaintiff repeat and realleges paragraphs through ?54? and incorporates the same herein by reference. 10 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 56. That at all times relevant to the claims set forth above, defendants Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), and JOHN DOES 1 through 5, Whose names are presently unknown, were acting as agents, servants, and/0r employees of the defendants MIGOS and MIGOS TOURING, INC. 57. That the defendants MIGOS and MIGOS TOURING, INC. are liable under a theory of respondeat superior or is otherwise vicariously liable for the actions and/ or omissions of the defendants Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), themselves and their agents John Does 1 through 5 on the subject date. 58. That the defendants should have known based on prior actions of the defendants that when they screamed give them hell? and other inciteful language it was reasonable to foresee that a riot would occur and cause injuries to patrons, economic damages, loss of income, revenue, and substantial costs. AS AND FOR A FIFTH CAUSE OF ACTION FOR PUNITIVE DAMAGES 59. Plaintiff repeats and realleges paragraphs through ?58" and incorporates the same herein by reference. 60. Defendants? conduct as alleged herein was wanton, intentional, criminal, malicious, and in reckless disregard for the rights and safety of Plaintiff. 61. Defendants? conduct as alleged herein was of a highly immoral and debased character that reflects utter disregard for the laws, norms, and rules of society and the rights of the plaintiff in. particular. 11 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 62. By reason of the foregoing, defendant is liable to Plaintiff for punitive damages in an amount to be determined at trial. AS AND FOR A SIXTH CAUSE OF ACTION EGLIGENT SUPERVISION 63. Plaintiff repeats and realleges paragraphs through "62? and incorporates the same herein by reference. 64. The above-described acts were due to the negligence, recklessness, and or carelessness of defendant, MIGOS TOURING, INC, in failing to supervise its agents, servants, and or employees, who were placed in their charge. 65. As a result of defendants MIGOS TOURING, failure to fulfill its obligation to supervise its agents, servants. and or employees, all of whom were placed in their charge, the plaintiff sustained damages. 66. The damages sustained by the plaintiff as a result of the negligence, recklessness, and or carelessness of defendant MIGOS TOURING, INC, were foreseeable and MIGOS TOURING, INC, its agents, servants, and or employees knew or should have known of the risks given the defendants? prior actions. AS AND FOUR A SEVENTH CAUSE OF ACTION EGLIGENT SUPERVISION OF EMPLOYEES 67. Plaintiff repeats and realleges paragraphs through ?66? and incorporates the same herein by reference. 68. Defendants, its agents, servants, and or employees were reckless, careless, and negligent in their supervision of those employees, servants, and/ or agents in that its agents, servants, and,? or emple rees lacked the experience, knowledge, and ability to 12 of 14 INDEX NO. UNASSIGNED RECEIVED NYSCEF: 03/05/2018 NYSCEF DOC. NO. 1 be employed by defendants and in that defendants failed to exercise due care in supervising its employees. 69. The above-described occurrences, including the resulting riot were caused by reason of the negligent supervision by defendants, of their agents, servants, and or employees. 70. Due to the negligent supervision on the part of defendants, its agents, servants, and or employees, the plaintiff sustained damages. DEMAND FOR RELIEF WHEREFORE, Plaintiff demands judgment against the Defendants as follows: a) As and for the causes of action enumerated above, Plaintiff demands judgment against the Defendants in an amount to be determined by a jury, plus interest; b) Together with punitive and exemplary damages in an amount to be determined at trial; C) Costs, disbursements and attorney?s fees; and d) Such other and further relief as this Court may deem just and proper. Dated: March 2, 2018 LAW OFFICE OF TERESI 8: LI TLE, PLLC. By: a) I fine, 13qu?? Attorneys for plainti??s 21 Colvin Avenue Albany, New York 12206 Telephone No.2 (518) 543?5291 Fax No: (518) 543-5290 13 of 14 NY SCEF DOC . 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