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FILED: NEW YORK COUNTY CLERK 01/11/2017 08:39 PM

NYSCEF DOC. NO. 2

INDEX NO. 650194/2017


RECEIVED NYSCEF: 01/11/2017

SUPREME COURT OF THE STATE OF


NEW YORK COUNTY OF NEW YORK
--------------------------------------------------ASPIRE MUSIC GROUP, LLC, a Florida
Limited Liability Company
Plaintiff,

Index No.:

COMPLAINT

-againstCASH MONEY RECORDS, INC.,


a Louisiana corporation,
Defendant.
--------------------------------------------------Plaintiff, ASPIRE MUSIC GROUP, LLC (ASPIRE), by and through its undersigned
counsel, as and for its complaint against Defendant CASH MONEY RECORDS, INC., (CASH
MONEY) hereby alleges the following upon information and belief:
INTRODUCTION
1.

This is an action for breach of contract, accounting, unjust enrichment trust,

conversion and constructive.


2.

Venue is proper in New York County because Defendant conducts business in New

York County, a substantial part of the events giving rise to the alleged claims occurred in New
York County and pursuant to CPLR 501.
PARTIES
3.

ASPIRE Music Group, LLC is a Florida Limited Liability Company, with its

principal place of business at 12590 Pines Blvd., Unit 260907, Pembroke Pines, Florida 33026.
4.

CASH MONEY is a Louisiana corporation engaged in the business of marketing,

recording, and distributing musical recordings. CASH MONEY regularly conducts business in
New York and has acted, as shown below.

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STATEMENT OF FACTS
5.

Aubrey Graham (p/k/a Drake) is a popular hip-hop/rap recording artist in North

America.
6.

On or about December 10, 2008, Drake signed an exclusive recording artist

agreement with Plaintiff ASPIRE; said agreement provided Plaintiff, ASPIRE the ability to
negotiate with third parties to furnish Drakes services to others for the purpose of creating musical
recordings.
7.

On or about June 26, 2009, ASPIRE entered into a Memorandum of Agreement

(The Agreement), with Defendant Cash Money Records, Inc./Young Money Entertainment,
LLC (CASH MONEY), pursuant to which ASPIRE furnished the exclusive recording services
of Drake to CASH MONEY. See Exhibit A attached hereto and made a part hereof.
8.

Pursuant to The Agreement, Drakes gross compensation would be paid to CASH

MONEY, that would in turn be responsible for payments to ASPIRE and to the artist. Exhibit A
supra.
9.

On or about August 12, 2009 and August 13, 2009 Defendant CASH MONEY filed

four (4) trademark applications seeking registered trademarks from the United States Patent and
Trademark Office for marks affiliated with Drake, including the word marks DRAKE and
DRIZZY DRAKE.
10.

Pursuant to The Agreement, Defendant has had a continuing obligation to make

payments to Plaintiff ASPIRE and provide accountings related to same ASPIRE Agreement
(Exhibit A supra), up until the present.
11.

Plaintiff now seeks a full accounting, including any and all books and records

regarding: (i) Drakes full sales history; (ii) cumulative mechanical royalties; (iii) marketing costs;

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and, (iv) producer royalties/recording costs and accompanying statements, and any and all of the
relevant financial information regarding any revenue and or profits associated with Drakes music.
12.

Plaintiff hereby demands that Defendant CASH MONEY, account and pay to

Plaintiff its share of revenue from Drakes recording sales.


13.

To date there have been no documents produced that can confirm whether

Plaintiffs proper share of revenue from Drakes recording sales have ever been provided by
Defendant.
14.

Defendant continued to employ stall tactics and repeatedly refused to provide the

aforesaid documents necessary for Plaintiff to determine how much money it is owed from the sale
of Drakes recordings through and including the present.
15.

Defendant has a continuing obligation to pay Plaintiff related to profit advances,

net profits and other advances due to Drake.


16.

As a direct and proximate result of Defendants actions and or inactions complained

of herein, Plaintiff has suffered irreparable harm and damage and has been forced to retain the
undersigned counsel and agreed to pay it a reasonable fee for its services.
17.

All prerequisites to filing suit have been satisfied, have occurred, or have been

waived.

18.

AS AND FOR A FIRST CAUSE OF ACTION


BREACH OF CONTRACT
Plaintiff repeats, reiterates, and realleges each and every allegation contained in

Paragraphs 1-17 as if more fully set forth herein:


19.

On or about June 26, 2009, the parties entered into The Agreement.

20.

Pursuant to The Agreement, paragraph 1, Plaintiff was to receive One Third ()

ownership in the matters.


21.

Pursuant to The Agreement, paragraph 7,

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ASPIRE SHALL BE ENTITLED TO 33.3% OF NET PROFITS


DERIVED FROM THE COMMERCIAL EXPLOITATION OF
RECORDINGS.
22.

That Defendant has breached the Agreement (Exhibit A, supra) by failing to pay

Plaintiff one-third () of the profits described therein.


23.

Plaintiff has complied with all conditions precedent and all its obligations pursuant

to The Agreement or they have been waived.


24.

As a result of the ACTIONS AND OR INACTIONS OF DEFENDANT CASH

MONEY, Plaintiff has been damaged in an amount to be determined at trial.


25.

Plaintiff has retained the services of the undersigned counsel to represent it in this

matter and has agreed to pay all costs and reasonable attorneys fees. No part of said sum has been
paid despite due demand.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment based on the
damages proven at trial, interest costs, attorneys fees and whatever this Court otherwise deems
just and proper.
AS AND FOR A SECOND CAUSE OF ACTION
ACCOUNTING
26.

Plaintiff repeats, reiterates, and realleges each and every allegation contained in

Paragraphs 1-25 as if more fully set forth herein:


27.

This is a Count for an accounting against Defendant CASH MONEY.

28.

Pursuant to the Agreement and based on Defendants acceptance to be obligated to

account to and make payments to Plaintiff based on profit advances, net profits and other advances
in connection with Drake, a fiduciary relationship has been created and does exist between Plaintiff
and Defendant. Exhibit A, supra.

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29.

The sum of money due to Plaintiff from Defendant includes but is not limited to

profit advances, net profits and other advances derived from Drakes recording agreement and
calculated consistent with the terms therein. See Exhibit A, supra.
30.

The sum of money due to Plaintiff from Defendant continues to accumulate and

grow daily. Without a proper accounting, it is impossible for Plaintiff to ascertain the true amount
it is due from Defendant.
31.

Plaintiff currently has no access whatsoever, to any accounting documents

representing funds obtained by or payments made by Defendant as a result of profit advances, net
profits and other advances under Drakes recording agreement, nor the ability to properly calculate
its proper share, since the books and records are solely and exclusively within Defendants control.
Hence Plaintiff has no means by which to determine the true amounts owed and that Defendant
has improperly withheld from disbursement to Plaintiff.
32.

Plaintiff is entitled to appropriate relief in the form of an accounting and inspection

of all relevant books and records, so that the relevant calculations may be properly ascertained and
remitted to Plaintiff from Defendant.
33.

The Court must order an immediate accounting by Defendant CASH MONEY as

to the monies due and owing to Plaintiff from Defendant based on profit advances, net profits and
other advances under Drakes recording agreement, Exhibit A, supra.
WHEREFORE, Plaintiff requests that this Honorable Court order an immediate
accounting of all revenue received by Defendant concerning or related to Drake, and that
Defendant must immediately provide such accounting statements to Plaintiff for review, award
reasonable attorneys fees, costs, and such further relief as this Court may consider just.

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AS AND FOR A THIRD CAUSE OF ACTION


UNJUST ENRICHMENT
34.

Plaintiff repeats, reiterates, and realleges each and every allegation contained in

Paragraphs 1-33 as if more fully set forth herein:


35.

As Defendant has failed to remit to Plaintiff any part of its share of Drake profits

( of the total profits), Defendant has conferred a benefit of which it is completely aware has been
wrongfully retained causing unjust enrichment of Defendant.
36.

As a direct result of its failure to remit to Plaintiff its funds pursuant to The

Agreement, Defendant has retained amounts far in excess of what it is entitled to.
37.

As such, Defendant has been unjustly enriched in an amount to be determined at

trial.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment in favor of
Plaintiff and against Defendants for damages plus interest, reasonable attorneys fees, costs
interests and award such further relief as this Court may consider just and proper.

AS AND FOR A FOURTH CAUSE OF ACTION


CONVERSION

38.

Plaintiff repeats, reiterates, and realleges each and every allegation contained in

Paragraphs 1-37 as if more fully set forth herein:


39.

Defendant has intentionally misappropriated funds belonging to Plaintiff (Exhibit

A, supra) derived directly from the profit advances, net profits and other advances under Drakes
recording agreement for CASH MONEYs own use. Said funds are readily identifiable; however,
Plaintiff has not been provided any accountings or books and or records to allow Plaintiff the

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opportunity to determine the amount of money that has been unjustly converted by Defendant
CASH MONEY.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment in favor of
Plaintiff and against Defendant for compensatory damages, plus interest, costs, reasonable
attorneys fees and award such further relief as this Court may consider just.

AS AND FOR A FIFTH CAUSE OF ACTION


TORTIOUS INTERFERENCE WITH CONTRACTUAL AND ACKNOWLEDGED
BUSINESS RELATIONSHIPS

40.

Plaintiff repeats, reiterates, and realleges each and every allegation contained in

Paragraphs 1-39 as if more fully set forth herein:


41.

This is a Count for Tortious Interference against CASH MONEY with the

contractual advantageous business agreements between ASPIRE and Drake.


42.

At all times relevant, Plaintiff established contractual and advantages business

relationships with Drake which, inter alia, entitled Plaintiff to be paid a sum equal to one third of
Drakes earnings from profit advances, net profits and other advances under the Young Money
Entertainment, LLC/Cash Money recording agreement. (Exhibit A, supra)
43.

CASH MONEY intentionally and unjustifiably interfered with the contractual and

advantageous business relationships between Plaintiff and Drake, of which Plaintiff is intended
beneficiary, Plaintiff has been severely damaged and irreparably harmed.

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WHEREFORE, Plaintiff requests that this Honorable Court render judgment against
CASH MONEY by awarding damages, plus interest, costs, reasonable attorneys fees and such
further relief as the Court may consider just.
DEMAND FOR JURY TRIAL
Plaintiff demands a Jury Trial of all issues so triable.

Dated: January 9, 2017


Steven J. Czik, Esq.
David M. Goldstein, Esq.
CZIK LAW PLLC
Attorneys for Plaintiffs
401 Greenwich Street
New York, New York 10013
(212) 413-4462

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