INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

SUPREME

COURT

COUNTY

OF

OF THE

STATE

NEW YORK

OF

NEW YORK
X

NICHE

MUSIC

GROUP,

Index

No.

LLC,

Plaintiff,

SUMMONS
-against-

PLAINTIFF

DEMANDS
AARON

M.

TRIAL

JURY

ESQUIRE

SCHLOSSBERG,

Defendant.

X
TO THE

ABOVE-NAMED

You

are

LLC

upon

undersigned

the

a copy

Pittsburgh,

PA

exclusive

of the

is made

in any

relief

Dated:

of

manner

other

demanded

in the

respond

is hereby
Niche

of service,

day

to

within

15213-2745,

Complaint

than
of

Music
(20)

by
the

(30)

thirty

personal

after

York,

New

nathan
39

New
(212)

TO:

275

New

Madison
York,

against

you

MUSIC

GROUP

by

service
default

default

York

J

M.

be taken

ESQUIRE

SCHLOSSBERG,
Avenue,

New

York

14th

Floor

10016

1 of 7

East
York,

P. Clunies,
81"
Street,

New

479-7355

York

Managing
Suite

3A

10028

101,

Complâint,

where

of your

#

Complaint.

NICHE

AARON

and

case

response

Suite

of service
In

MUSIC

your

Street,

Summons

state.

the

will

a judgment

Bayard

completion

within

of

copies

serve

of this

service
after

days

to

NICHE

plaintiff

the

4677

LLC,

delivery

plaintiff,

and

you,

Group,
days

of

Complaint

the
upon

served

twenty

or within

to

3, 2019

January

New

which

Plaintiff,

to the

responding
the

summoned

hereby

GROUP,

DEFENDANT:

Member

in
for

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

SUPREME

COURT

OF THE

COUNTY

OF NEW

NEW YORK

OF

STATE

YORK

________

X

NICHE

MUSIC

GROUP,

Index

No.

LLC,

Plaintiff,

COMPLAINT
-against-

AARON

M.

ESQUIRE

SCHLOSSBERG,

Defendant.

X
NICHE

Plaintiff

defendant,

MUSIC

GROUP,

LLC,

THE

times

239

has

E

NICHE

Plaintiff

a domestic

been,

815t

Suite

Street,

2.

limited

recordings,

musical

compositions

distribution

platforms

Upon

Bar

Madison

Upon

New

Upon

authorized

to

label

iTunes,

York

and

City

and

14th

Floor,

information

practice

law

and

in

the

its

initial

and

at

all

headquarters

relevant

located

at

10028.

produces

records,

other

is,

("Niche")

with

York,

that

and

information

Avenue,

5.

as

LLC,

company

New

York,

information

is a

("Schlossberg")

at 275

such

GROUP,

liability

New

3A,

is a recording

4.

above-named

PARTIES

MUSIC

Niche

3.

the

as follows:

alleges,

1.

of

complaining

and

intellectual

Spotify

and

other

belief,

defendant

markets

properties

music

to

M.

sound

online

music

services.

streaming

Aaron

musical

Esquire

Schlossberg,

resident.

belief,

New

belief,

state

has

Schlossberg

York,

New

Schlossberg

of

New
1

2 of 7

York.

York

offices

in

New

York

located

10016.

is a member

of

the

New

York

State

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

BACKGROUND

FACTUAL
On

6.

in

interests

The

against

and

litigation

filed

7.

and

With

it in

filed

8.

of

Supreme

the

the

The

cooperation

full

manner

docket

the

and

New

of

Court

a timely

defendants,

Inc.

in

of

filing

of

above

an

Music

Sony

Niche

by

contract

to

breach

and

of

to

Inc.

Entertainment,

represent

its

contract

be

prepared

York.

at Index

the

with

interference

tortious

Enterprises,

engaged

was

Schlossberg

in

sounding

Orchard

in

2018

8,

January

Niche,

No.:

prepared

Schlossberg

complaint

initial

an

650100/18.

referenced

amended

case

Sony

reflects

and

complaint,

the

the

appearance

initial

of

beginning

discovery

preparation.

As

9.

(Niche)

that

is

plead

by

"has

developed

able

to

significantly

As

plead

the

in

Schlossberg

a reputation

as

a cutting-edge

increase

recording

artists'

its

for

Niche,

label

and

prepared

pleading

online

presence,

since

promoter

2004

that

and

marketability

profitability".

10.

pioneer

in

the

online

by

music

11.

As

plead

12.

On

or

in

Schlossberg

sales

and

for

prepared

pleading

business

marketing

"this

Niche,

by

the

for

business

reputation

was

was

"Niche

Niche,

a

a cappella".

is

valuable

extremely

to

plaintiff".

rant

in

a

New

13.

went

viral

on

York

about

May

16,

2018

Schlossberg

16,

2018

the

observed

on

extended

an

racist

delicatessen.

On

or

the

internet

about

May
and

he

was

Schlossberg

identified

and

2

3 of 7

his

video

identity

recorded

was

made

in

a public

known

place

globally.

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

Upon

14.

occasions

in

involving

racist

which

In

public

17.

18.

as to

not

about

the

against

of

identity

began

to

retention

public

an

published

Variety

Niche

for

propensity

disturbance

Schlossberg,

each

client

that

the

Schlossberg.

2018

continued

Niche's

himself

outbursts

would

In

a duty

or

clients.

his

reflect

skill

or

to Niche

receive

emails

article

and

specifically

phone

calls

from

to

Niche

Schlossberg.

of

racist

to

was

outbursts

on

public

his

himself,

racist

and

knowledge

been

compelled

conduct

should

reasonably

poorly

his

committing

reasonable

owed

knew

Schlossberg

20.

and

public

unknown

2018.

discredit

ordinarily

litigation

Sony

a public

campaign

a

disclosed

by

19,

May

began

and

story

represented

on

Schlossberg

19.

racist

as being

Schlossberg's

16,

the

made

had

other

language.

activists

rights

up

addition,

inquiring

May

civil

identified

researchers

Schlossberg

inflammatory

picked

Niche's

referencing

until

multiple

Internet

belief,

unidentified

ethically

showed

16.

the

and/or

records

and

previously

entities

news

public

the

As

15.

various

information

have

clients

outbursts

himself

in

known

that

and

his

possessed

his

such

multiple

a way

public

profession.

'failed

Schlossberg

commonly

in

public

to

by

a member

time,

money

exercise

of

the

the

legal

profession'.

21.

to

locate,

prejudice

Plaintiff

engage

to

Niche's

has

and

bring

interests

successor

could

to

expend

counsel

be

realized.

3

4 of 7

up

significant

to

speed

so

that

the

and

least

resources

amount

of

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

22.

those

But

specific

enumerated

Plaintiff

has

breach

Agreement,

wrongful

of

conduct,

opportunities

plaintiffs

that

plaintiff

is

but

entitled

to

would

as a result

of

of

not

have

had

relationships

pursuant

to

with

from

the

business

loss

profits;

its

of

to

incur

the

of

loss

Agreement;

of

breach

additional

loss

online

streaming

additional

benefits

business

of

and

money

time,

of

the

and

tortious

reputation;

partner

loss

plaintiff;

defendants'

and

dealing

of

loss

to,

future

poached

fair

and

limited

loss

has

Niche

rants,

damages

faith

good

not

developing

defendant

myriad

of

connections;

to

devoted

artists

duties

racist

above.

suffered

including

and

viral

Schlossberg's

damages

23.

and

for

business

resources

platforms

and

and

relations;

profits

loss

of

goodwill.

AS

AND

FOR A
(BREACH

24.

contained

Plaintiff

in

25.

contractual

The

between

Plaintiff

to

pursuant

27.

has

the

Defendant

in

terms

continues

to

including

but

directly

not

limited

good

of

and

loss

of

of

parties

performed

all

under

obligations

contract

has

cause

proximately

to,

the

each

were

created

and

set

fully

allegation

every

a valid

forth

and

herein.

enforceable

of

its

obligations

to

the

best

of

its

Agreement.

his

breach

as if

each

parties.

faith

the

reiterates

above

between

those

breached

Defendants'

28.

letter

OF ACTION

CONTRACT)
and

"23"

through

engagement

relationship

26.

abilities

"1"

OF

re-alleges,

repeats,

Paragraphs

CAUSE

FIRST

business

4

5 of 7

Agreement

and

directly

plaintiff

reputation;

the

damages

loss

of

as outlined

proximately

and

business

caused

irreparable

opportunities

hereiñ.

and

harm,

and

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 01/03/2019

loss

connections;

to

of

future

successor

obtaining

loss

profits;

and

counsel;

AS AND

of

of

loss

Plaintiff

contained

in

When

30.

prosecute

an

requisite

which

others

manner

the

his

skill

learning,

and

he

client,

and

situated

ability

entrusted

in

the

use

as if

the

of

his

were

of

to

he

(2)

and

him;

skill

and

the

the

will

and

in

that

exert

his

will

the

application

herein.

and

contracts

to

he

possesses

the

(1)

of

he

(3)

forth

law

practice

allegation

every

set

fully

represents

impliedly

necessary

to

each

practice

possess;

ordinarily

litigation

diligence

above

in

each

reiterates

his

profession

best

and

judgmeñt

exercise

in the

reasonable

of

his

and

knowledge

cause.

31.

defendant

of

devoted

OF ACTION

CAUSE

and

engages

attorney

plaintiffs

MALPRACTICE)

"28"

through

behalf

similarly

care

client's

an

in

of

of

ordinary

his

action

degree

prosecution

to

"1"

resources

and

money

goodwill.

re-alleges,

repeats,

Paragraphs

time,

A SECOND

FOR

EGAL

29.

the

By
were

virtue

of

obligated

consistent

with

the

to

fair

Agreement

perform

his

and

dealing

entered

duties

into

and

refrain

from

plaintiff

by

obligations

and

in

in

engaging

good

defendants,

faith

conduct

and

in

detrimental

to

plaintiff.

to

has

32.

Defendant

33.

As

breached

his

duties

inter

by,

alia,

in

engaging

conduct

detrimental

Niche.

been

massively

a direct

and

and

proximate

significantly

result

damaged

of

defendant's

in

an

5

6 of 7

amount

breach

to

be

of

his

determined

duties,

by

plaintiff

the

a

Court,

 INDEX NO. 150065/2019

FILED: NEW YORK COUNTY CLERK 01/03/2019 03:12 PM
NYSCEF DOC. NO. 1

but

not

RECEIVED NYSCEF: 01/03/2019

less

than

$50,000.00

plus

interests,

attorneys'

costs,

fees

and

consequential

damages.

NICHE

plaintiff

WHEREFORE,

MUSIC

GROUP,

LLC,

requests

respectfully

the

that

Court:

A.

judgment

Enter

asserted

numbered
event

less

Award

B.

against

than

herein

in

an

on

each

amount

and
to

cause

every

be

of

determine

above

action

at trial,

but

in

no

$50,000.00;

NICHE

to

defendant

MUSIC

attorneys'

disbursements,

LLC

GROUP,

fees,

interest

and

all

costs,

associated

expenses,

with

this

matter;

and

C.

Grant
this

Dated:

NICHE

Court

deems

MUSIC
just

and

LLC

GROUP,

York,

New

MUSIC

than
9 East

New
(212)

TO:

New

Madison
York,

M.

and

further

relief

York

Jo

275

other

proper.

NICHE

AARON

such

3, 2019

January

New

to

ESQUIRE

SCHLOSSBERG,
Avenue,

New

York

14th

Floor

10016

6

7 of 7

York,

P. Clunies,
81"
Street,

New

479-7355

LL

GROUP,

York

Managing
Suite

3A

10028

Member

as