INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 SUPREME OF THE COURT OF NEW COUNTY ------------------- OF NEW STATE YORK YORK ------------------------------- Index x No. : CANAL PRODUCTIONS, : INC., : : : Plaintiff, COMPLAINT : : -against- GRAHAM CHASE a/k/a CHASE ----- --- : ROBINSON : : ROBINSON, Defendant. --- Plaintiff as and for : -------------------------- its Canal Inc. ("Canal") Graham Chase Productions, Complaint alleges "Defendant"), ------x against in This a trusted funds 2. expenses frequent flyer 96 acc0üñt days astounding and of on Canal's for personal "unused" hours and for property of TV her LLP, or her damages personal luxury (c) items; vacation time; shows on Netflix. and her abused (a) Express use; a disloyal from employee position despite who, to being misappropriate her gain. Robinson: personal CLAIMS methodically American and OF THE economic specifically, miles for seeks repeatedly More personal cash lawsuit position, employer's Drogin ("Robinson" Robinson Chase a/k/a Robinson & Krinsky as follows: NATURE 1. Tarter its attorneys, by charged card; (b) of hundreds used and converted "reimbursed" improperly (d) (e) submitted loafed { Client/083649/1/01893876.DOC X ;2 ) 1 of 15 false during information working of thousands millions from herself in order hours, in dollars of Canal's Canal's to be paid binge-watching petty for INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 3. Canal this violation duties, fiduciary brings action against faithless of the service The jurisdiction of Venue York has Supreme the 5. in New Court County; subject Court ANE in this is proper and matter of the many acts action the pursuant to the general York. to CPLR pursuant and her breaching conversion. over of New State for employee, VENUE jurisdiction county of the and doctrine J_URISDICTION 4. a former Robinson, transactions §503 because of complained the Plaintiff resides in New occurred York County. PARTIES 6. Canal place principal 7. of is a foreign busiñêss Robinson corporation located at 375 is an adult that registered Greenwich resides to Street in the State do business New in York, with its in Manhattan. of New York, of New County York. FACTUALBACKGROUND Canal 8. In or about 2008, 9. oversee its Robinson From office, is a business was 2008 to arrange that hired by Canal Canal 2019, travel contracts and the to serve would for Robert as an assistant typically scheduling of services Mr. De have three Niro and Niro De to Mr. (3) handle De full third to Niro. time other parties. assistants administrative tasks. 10. operations. Since This in or included (Client/083649/1/01893876.DOCx:2 about 2012, supervising ) Robinson's and directing 2 2 of 15 role evolved employees, to Canal's overseeing developing and office implementing to INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 employment policies, to maintain working In 11. Mr. 12. include use ensuring that Robinson that 14. use made the in her would the finances compensated title generally manner. efficient change in part, and President "Vice to of other over duties (Client/083649/1/01893876.DOCX;2 rate and ) fide In and respect with she short, personal was her of to credit card for responsible position and caused and practices policies, finances, to or expenses. gain evolution Express Mr. De to Canal's to place responsibilities Robinson card. relating Niro her on and responsibilities, expenses and loyalty be a watchdeg of her importance In of staff. Canal's American and that of the at an annual or theft responsibilities in full was to authorized business. faith, Canal's Robinmn request, best trust and confidence interests, mindfully employees. to protect $175,000. of and required her growth waste their for and duties employees. duties bona understood was the Canal's and out In recognition earned to position Canal by her increased employees by other her with carry no misuse, knowledge to all legitimate Robinson role, she known manager for she 17. 2017 not was travel used detailed connection card 16. her were and employment, have Robinson's overseeing a requested reqüêst there airline being her a co-account credit that and/or not to In 15. that was this that ensuring cash petty Canal granted Throughout procedures Robinson 2017, Niro and of 13. required about De monitoring charges, was or and in a smooth operations to day day and decisions, Finance." & Production Canal's discipline and discharge hiring, recommending 2018 she earned $300,000. 3 3 of 15 honesty for were Canal's position, over essential parts of her job, and assets. Robinson $225,000. was In paid 2019 generously. she was In being INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 18. work ethic and resignation concerns not 20. 21. areas of in order He of and her own On services submitted "approve" employees on behalf of to Robinson her own would Canal. submissions request with funds systems not these } for only are resignation and records, for herself letter" mistruths half-truths, for employees for and and including Canal she the precisely "was matters areas that and asked Robinscñ hyperbole, financiãl To obtain for use able but to in did identify the areas and exploited she on her reimbursement from petty 4 4 of 15 funds to documentation position of Exr,cases personal reimbursement, Based directly Personal would expenses. {Client/083649/1/O1893876.DOCX;2 stealing miles. responsibilities and books a "recommendation Sadly, "approval." for mounting sabotage, sudden of various flyer frequent Reimbursement Canal occasion, In nest. Improper 22. and new benefits." corporate of act "ridiculous," as Robinson's with a review peññêd duties implement employee to feather cash Filled her an in connection initiated Robinson off at Canal. position or helpful. in petty refused. as part vulnerability and and card, 2019, it. that of compliance abused June to sign state correctly integrity, honesty, her resigned brushed but engaging professional accountants Canal's Express In De Niro Robinson's regarding abruptly acknowledged, thereafter, Shortly Robinson email, information, diligent, being American Canal's Robins0ñ withholding concerns, mounting Mr. her about via 6, 2019, email, and property arose suspicions 2019, motivation. On April 19. her in early Beginning of trust, to be was Robinson expenses. business-related cash purchase used towards goods required was In Canal's and to to permitted other be cases, business INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 23. From approved and purchases or any as authorized valid about Driver table to some At of his Angeles for personal None sitter. a dog in connection or expended submitted, pretenses false and handbag Robinson 2019, with her of these employment purpose. Charges Robinson's books 25. Los Vuitton 6, under payments permitted or otherwisc business direct a Louis April through on Canal's American De Niro agreed Card Express Books 24. coffee or iPhones, Unauthorized Taxi 2018 January reirebursement such items, were other or received and services in (based on close personal In about or to receive Mr. suggestion, the the "Taxi film to autograph to charities to be donated Driver") of collectable a number and given as gifts friends. March 2018, signed "Taxi Robinson to represented Driver" books and Canal deliver that them she needed to various to people fly to in Los Angeles. 26. be working Express Mr. and the approved the delivering 27. Robinson flew 28. Robinson stayed card 29. pay De Niro $729.28 to pay the Robinson for the (Client/083649/1/01893876.DOCx;2 while to Los Angeles at the rental } based trip books $2,608.66 rented the in Los representation she would that Angeles. on March Montage Robiñsen's upon Hotel 9, 2018 in Los using Angeles Canal's and freqüêñt used flyer Canal's miles. American bill. a car in Los Angeles car. 5 5 of 15 and used Canal's American Express card to INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 30. stay in Los and taxis, despite and Canal's valid aler day to and business Paola's a few on American Canal's her during Express card $604.51 for for Ubers Canal's flew Angeles card Angeles, ostensibly for Angeles to New Los to pay at "business." on York a dinner March 11, on 2018; a flight miles. Driver" "Taxi Express in Los from flyer American books back to at Canal's were New delivered being Upon York. expense to Los information to attend a friend's on March Angeles and Robinson belief, and party birthday 12, for no rather De Niro to Los going not would have Angeles approved to attend the if trip a social event he knew Robinson unrelated to Canal's would not be business. Restau_r_ag 35. Paola's 36. On information blocks 37. proper while returned Los Mr. but used Robinson from $319 incurred she expenses a car. a lunch the additional for cash petty purpose. 34. working and frequent In fact, the traveled for also Robinsoñ 33. 2018, rented $156.05 with for having Robiñscñ 32. paid charged Canal's from $458 and Angeles 31. Nobu took Robinson of Paola's During authorization, to charge is a restaurant and located belief, 1295 at all Avenue Madisoñ times relevant to this in Manhattan. Robiñsoñ action, lived within restaurant. the period permission approximately (Client/083649/1/01893876.DOCX;2 $12,696.65 } between or valid for in or about business food, May purpose, drinks and 6 6 of 15 2017 used gratuities and the April Canal 2019, Robinson, American at Paola's. without Express card INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 Flowers RECEIVED NYSCEF: 08/17/2019 by Philip 38. Flowers 39. During Robiñsoñ, without American Express were delivered treated Philip is a flower period betweeñ by the proper card taken or herself for 40. Whole 41. Dean 42. During her her to 2017 or valid permission over charge June $3,000 residence. for This on or about through busiñêss from items arrangement a $1,311.94 included purpose, other and/or flowers in Manhattan. Avenue Lexington at 1311 located in or about authorization, to store April 6, 2019, used Canal's this to that store she which birthday. Groceries Robinson, without American Express amount is a grocery Foods & Deluca the card between purchase about or from groceries Madison business valid Whole April about purpose, and/or Foods in Manhattan. Avenue through 2017 May in Manhattan. & Dean 2019, used Canal's Deluca in the of $8,923.20. Personal transportation 43. the During proper authorization, to pay for personal period permission taxis and between or valid Uber rides Conversion 44. American or in Avenue Third at 1150 located permission authorization, to at 1551 located store is a grocery period proper store From Express in cards {Client/083649/1/01893876.DOCX·2 or about generated ) 2017 business in the of amount April eight approximately 7 7 of 15 of April 2019, million American Express card $32,000. approximately Flyer without Robinson, 2019, Canal's used purpose, Frequent through through 2017 May Miles use of Canal's (8,000,000) and frequent Mr. De flyer Niro's miles. INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 45. Upon million of (3,000,000) without frequent (5,000,000) 47. valued Upon at more Mr. to do De Niro and end of In 2014 payment known to be false, reveal, Robinson 50. end payment to be false, Robinson and about for the took the Canal took 16 Canal Robinson for 18 flyer frequent to Obtain Robinson 2014, advised In and of 2015 Robinson that million five personal to her the return 2019, accomt. flyer frequent converted miles are Robinson by $125,000. Robiaseñ sought the belief, Falsification 49. demanded 18, so. information than have March and account three vacations. and approximately Express without 2019, approximately trips 2019 28, transferred American Canal's from personal her January Robiaseñ April used Robinson for between belief, authorization, miles and failed has 48. proper flyer Canal she but miles, or permission miles through 2017 about or purpose, flyer frequent and in business valid Niro's information Upon 46. De Mr. from belief, or authorization proper permission, and information "unused" paid several about Canal's advised "unused" for vacations which, Robinson Based Robinson for several vacations which, ) 16 days was 18 days that 8 8 of 15 used 19 paid only exceeded In fact, At days which as her the and is now now emails 19 days. days. vacation 1 vacation day which representation, vacation. days. 3 vacation In fact, exceeded to take she had only vacation representation, vacation. Robinson's aggregate, 19 paid used had aggregate, authorized of unused in the she of unused in the upon to take Robinson's upon accountant Canal's days. that Based Time Vacation authorized accountant days. paid (Client/083649/I/O1893876.DOCX:2 was Robinson 2015, Paid as her 19 days. emails and At the sought is now known now reveal, INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 51. In 2016 Robinson about and advised end of and sought now kñowñ to be false, now reveal, Robinson payment 52. for In and 2017 the "unused" Canal paid took several about 2017, Robinson advised of and sought now known to be false, now reveal, Robinson took several 53. In about 2018, 2018 Robinsoñ for and end of and sought now known to be false, now reveal, Robinson that claiming paid Canal for the Canal took she had not vacations paid used Robinson's coordinating Mr. The of her duration having De her autonomy as to the {Client/083649/1/01893876.DOCX;2 > for 23 96 days vacation between her required while obligations with Mr. De means and manner Niro 2014 Theft to and her 9 9 of 15 of any days. her in excess and 2018. of emails At vacation the days is which as her In fact, 23 is days. representation, exceeded days which as her vacation vacation. her time trust services focused aspects overseeing the 20 the At emails days. $70,000 by falsely of Time spend also used emails vacation In fact, paid aggregate, collected and Loafing of unused in the 23 not days. her exceeded Robinson's upon days which, Robinson work relationship Based foregoing, position Niro's days. had of vacation. to take she vacation any is 19 days. representation, aggregate, authorized that used Robinson's of unused in the acceüñtãnt vacations Binging, 55. was Robinson several 20 days which, Robinson "unused" of for Robinson paid 20 days which as her In fact, the At vacation her exceeded not had upon Based vacation. to take she that of any days. representation, aggregate, authorized days. Canal's 23 a result As "unused" 20 was used Robinson's of unused in the which, accoüñtant Canal's advised payment 54. the vacations 19 days not had upon Based for Robinson end payment days. Robinson she that vacation 19 paid to take authorized accóüñtant Canal's 19 was Robinson 2016, he had were on of instilled performed. scheduling Canal's in and operations. her resulted in INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 56. In with speaking she co-workers, Development," and A 57. Robinson Robinson 2019 from it known made had shows she enjoyed that When office. Canal's the in "Friends," like or office "Arrested Creek." "Schitt's review of Canal's astronomical spent worked rarely Netflix of amounts times she had shows, not which to accoüñt, these accessing access, on only indicates that weekends and holidays. For 58. 11, 2019, Jañüary example, over 55 episodes of episodes on Saturday, January 14 and January 15, yet American Monday, account was 12 on March accessed accessed were episodes Friday, to an impressive over series finale, were accessed in charges from Paola's were also occurrence. and 2019 watch: to carried and on Monday, on placed 32 Tuesday, on Canal's dates. an isolated 25, (27) 8 January the to leading $300 Tuesday, (which accessed Twenty-seven Over these not was were episodes, workday. card This betweeñ episodes example, of "Arrested not in any four during 29 (excluding March Friday, 20 For March of the workdays Netflix Robinson's 27), Development" five and 10 episodes to the duties of Creek." "Schitt's 60. personal shows Watching responsibilities of development 62. any was artistic Upon (Client/083649/1/01893876.DOCX;2 not and Express } was for and card. on and, pleasure responsible material information on its American Netflix employmcat amusement Robinson of on Robinson's entertainment, 61. to Canal another Express 59. final "Friends" between period 4-day 12 alone). January the the part information at times or way when conñêcted of and she in was any or related belief, being way was paid with done and for her to the to work. respect Canal. belief, For Robinson's example, binging it appears 10 10 of 15 also that included on Jañüâry fine food 9, 2019, charged Robinson INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 binge-watched San twelve (12) and thereafter Francisco" charged were associated on with At 63. charges she valid any no dinner did at Paola's ever American FIRST set forth this Plaintiff 65. Defeñdañt 66. As the incoñsistent and to the dinner bills nor permitted, authorized, or offer CAUSE OF ACTION realleges Fiduciary the Mr. to do card of or De for Niro the personal so. Duty) allegations 1 through in paragraphs 63 as if fully of employee Defendant that employed was at Canal Canal, in a position Defendant prohibited Canal owed from in acting of trust a and confidence. a fiduciary disloyal duty. manner, or fiduciary duty By virtue in any of way relationship. fiduciary aforesaid conduct a breach constitutes of the Defendant Plaintiff. has loss, to be proved was Defendant's 68. fiñancial an with 67. Plaintiff and lunch "Caviar herein. duty, owed repeats Canal reimburse Express (Breach 64. neither were and service delivery the Both Restaurant. card the purpose. Robinson Canal's from lunch ordered Express business time on placed had Americañ Canal's "Friends," of episodes As been loss and a for injured, of of consequence good will determined (Client/083649/l/01893876.DOCX:2 which and the Defeñdâñt's it is entitled reputation, to recover compcñsatory at trial. } l 1 11 of 15 breach foregoing damages and of including special her but damages fiduciary not in duty limited an amount to INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 SECOND CAUSE (Breach Plaintiff 69. set forth 70. Defendant 71. As virtue By was and was her Defeñdañt duties, with to prohibited that the 68 as if fully in and inconsistent acting in a disloyal was loyalty, and honesty its obligated or his performance of a violation constitutes or manner, of to loyal be and or trust agency her duties. her duty to of loyaly of her duties. servant. improper activities 75. The Defendant's disleyalty permeated were to the related Defendant's the performance in the services most material parts. As pursuant special of with in the loyalty Defendant's recover from a duty Defendãñt doctrine, conduct aforesaid as a faithless prohibited a manner faith good Defendant's liable servant acting utmost was Canal confidence. relatiomhip. faithless from the trust owed Defendant Canal, The compensation and these of and of trust in a position 74. 76. to of The substantial action employee to exercise 73. rendering an Pursuant bound and 1 through in paragraphs allegations at Canal employed was iñceñsistent way 72. Canal the Loyalty) herein. fidelity. in any Duty realleges and repeats of ACTION OF of a proximate to the damages paid damages faithless result servant including to the Defendant, in an amount (Client/083649/1/01893876.DOCX:2 ) but of the Defendant's Plaintiff doctrine, not limited financial to loss, to be proved and has the loss return of good dctcrmined 12 12 of 15 been for injured, of will constitutes which conduct, wages, and at trial. which bonuses reputation, a cause of it is entitled and other compensatory INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 THIRD CAUSE OF ACTION (Conversion) 77. set forth Plaintiff Canal's Throüghput possession 79. allegations 1 through in paragraphs acts the care, 81. As for which 76 as if fully of loss and were control and of the or possession of are further will from property use. and malicious, to possessicñ is entitled a consequence good illegal, own above-mentioned the with reckless purpose of Plaintiff. custody, they to her same the she took employment, the converted Plaintiff in the proved and damaging 80. injured, Defendant's Defendant's intentionally loss, the realleges herein. 78. remain and repeats the reputation, of the Defendant's entitled cash, damages and compensatory frequent flyer miles that has been Defendant. wrongful to recover and property conduct, but including special the Plaintiff not limited in damay,ve an to financia' amount to be at trial. determined FOURTH OF CAUSE ACTION (Frand) 82. set forth Plaintiff and the realleges allegations in paragraphs 1 through 81 as if fully herein. On various 83. with omissions, have repeats of knowledge 84. Plaintiff conducted itself justifiably differently (Client/083649/1/01893876.DOCX;2 as set occasions } their had on it known Defendant above, with falsity, relied forth the such the to induce Plaintiff's representations and intent false truth. 13 13 of 15 made false statements reliance omissions and/or thereon. and would INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 85. for injured, loss loss, As proved a cõñsequence it are which of and further will good determined of and the to recover entitled reputation, 1. less than 2. not than less by $3 3. miles that 4. of 5. prosecuting to faithless relief an amount to be the claims Plaintiff's but including, or taken servant in their of all Defendant by in doctriñe, an amount disgorgement to, such during to Defendant: and: entirety limited not against be period(s) of her at trial, determined and Defendant damages her during for the value in an amount employment of the funds and to be determined property at trial, but and million; Defendant in her 9.00% the paid meñêtary care, per lawsuit; (Client/083649/l /01893876.DOCX;2 to annum; Plaintiff to to return the Plaintiff or possession; control custody, interest Awarding this the million; Awarding rate statutory of Directing remain following in been RELIEF requests damages form, Awarding misappropriated all monetary whatever $3 damages has to financial limited not special and FOR respectfully granting violation and not a judgment in disloyalty but Plaintiff Awarding compensation, but iñcluding Plaintiff the conduct, at trial. WHEREFORE, of damages compensatory PRAYER Entry wrongful Defendant's Plaintiff on all monies cash, goods and frequent flyer and found to be owed by Defendant at the and recovery of its reasonable and ) all 14 14 of 15 costs and attorneys' fees incurred in INDEX NO. 654711/2019 FILED: NEW YORK COUNTY CLERK 08/17/2019 01:45 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/17/2019 6. Dated: Granting New August York, 16, New such other and further relief as deems Court the pro just, York 2019 etc. Yours, TARTER for Attorneys 15 of 15 S. 1350 Broadway New York, 216-8000 DROGIN Plainti[[ Laurent (212) & KRINSKY New Dro York n 1001