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SRC Arena Lawsuit

SRC Arena Lawsuit

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Published by The Post-Standard
AMP Entertainment vs. SRC Arena and Events Center
AMP Entertainment vs. SRC Arena and Events Center

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Published by: The Post-Standard on Jun 04, 2012
Copyright:Attribution Non-commercial

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10/08/2013

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SUPREME COURTSTATE OF NEW YORK COUNTY OF ONONDAGA___________________________________________________SEBBY R. ABBATE and SCOTT MASHAW d/b/aAMP ENTERTAINMENT,Plaintiffs,
COMPLAINT
-against-Index No.SRC ARENA
AND
EVENTS CENTER, ONONDAGA HON. ____________ENTERPRISES, INC., THE STATE UNIVERSITY OF NEWYORK – ONONDAGA COMMUNITY COLLEGE, and
JURY TRIAL
DAVID W. MURPHY,
DEMANDED
Defendants.___________________________________________________Plaintiffs Sebby R. Abbate and Scott Mashaw, jointly and severally doing business asAMP Entertainment, by and through their attorneys Melvin & Melvin, PLLC, complaining of theDefendants SRC Arena and Events Center, Onondaga Enterprises, Inc., The State University of New York – Onondaga Community College, and David W. Murphy, hereby allege as follows:
THE PARTIES
1.
 
Plaintiff Sebby Abbate (hereinafter, “
Plaintiff 
” or “
Abbate
”) is a plaintiff in thisaction, and is a co-owner of AMP Entertainment, with its principal place of business located atP.O. Box 464, Watertown, NY 13061.2.
 
Plaintiff Scott Mashaw, professional known as “Scott Ozzborn,” (hereinafter,
Plaintiff 
” or “
Mashaw
”) is a plaintiff in this action, and is a co-owner of AMP Entertainment,with its principal place of business located at P.O. Box 464, Watertown, NY 13061.
 
23.
 
Plaintiff 
AMP Entertainment
is an unincorporated “d/b/a” under which Abbateand Mashaw jointly and severally do business as concert promoters.4.
 
Defendant Onondaga Enterprises, Inc. (“
Onondaga Enterprises
”) is a not-for-profit corporation established and existing under the laws of the State of New York, with itsprincipal place of business located at 4585 West Seneca Turnpike, Syracuse, New York 13215.5.
 
Upon information and belief, Defendant SRC Arena and Events Center (”
SRCArena
”) is a “d/b/a” under which Onondaga Enterprises, Inc. operates the arena of the samename, located at 4585 West Seneca Turnpike, Syracuse, New York 13215.6.
 
Upon information and belief, Defendant the State University of New York –Onondaga Community College (“
OCC
”) is the owner or partial owner of Onondaga Enterprises,and is a community college organized and existing as part of the State University of New York (“
SUNY
”) system of higher education institutions, established by act the New York Statelegislature in 1948, and is located at 4585 West Seneca Turnpike, Syracuse, NY 13215.7.
 
Upon information and belief, Defendant David W. Murphy (“
Murphy
”) is anindividual employed by OCC as the senior vice president for college-affiliated enterprises andasset management, responsible for overseeing the operations of three separate not-for-profit OCCentities responsible for the college’s dining, dormitories and sports & event managementactivities, including serving as de facto president of Onondaga Enterprises, which operates SRCArena.
JURISDICTION AND VENUE
8.This court is the proper venue for this action by virtue of being the county whereDefendants Onondaga Enterprises, SRC Arena and SUNY-OCC’s principal places of businessare located, pursuant to CPLR § 503 (venue based on residence).
 
39.This court may assert personal jurisdiction over the defendants as the owners of the real property that is the subject of this dispute, which is situated in Onondaga County, Stateof New York, pursuant to the provisions of CPLR § 301, and each defendant is a domiciliary of the State of New York, County of Onondaga.
STATEMENT OF FACTS
10.Plaintiffs are in the business of concert promotion, and have previously donebusiness with Defendants, scheduling, promoting and staging events at Defendants’ SRC Arena.11.Defendants, or some of them, own and operate SRC Arena. SRC Arena is a60,000 square-foot multipurpose facility with flexible seating for 6,500 people, used for hostingmajor college and community events, musical performances and the arts, commencement andaward ceremonies, athletic events and more.12.Plaintiffs successfully promoted and staged a prior event with SRC Arena, TheMax and Ruby Show, on March 16, 2012 (the “
Prior Show
”).13.On or about May 2, 2012, Plaintiffs entered into an agreement with Defendants tostage a concert at SRC Arena called the “Trespass America Tour,” to be held on Tuesday,August 7, 2012, as part of a twenty-five city tour. The concert features five heavy metal bands,including the headliner act, “Five Finger Death Grip.”14.In connection with the scheduled Trespass America / Five Finger concert (the
Five Finger Concert
”). Steve Hyman, the sales representative of SRC Arena who books eventsat the facility, sent Plaintiff Sebby Abbate a “Confirmation Sheet” dated May 2, 2012 thatconfirmed the scheduling of the Five Finger Concert.15.This Confirmation Sheet sent by SRC Arena to Plaintiffs noted that the FiveFinger Concert would be a “co-promotion which will include the sharing of all net revenues

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