src arena lawsuit

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 TRIALDAVID W. MURPHY, DEMANDED

Defendants.___________________________________________________

Plaintiffs Sebby R. Abbate and Scott Mashaw, jointly and severally doing business as

AMP Entertainment, by and through their attorneys Melvin & Melvin, PLLC, complaining of the

Defendants 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 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.

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.

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3. Plaintiff AMP Entertainment is an unincorporated “d/b/a” under which Abbate

and 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 its

principal place of business located at 4585 West Seneca Turnpike, Syracuse, New York 13215.

5. Upon information and belief, Defendant SRC Arena and Events Center (”SRC

Arena”) is a “d/b/a” under which Onondaga Enterprises, Inc. operates the arena of the same

name, 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 State

legislature in 1948, and is located at 4585 West Seneca Turnpike, Syracuse, NY 13215.

7. Upon information and belief, Defendant David W. Murphy (“Murphy ”) is an

individual employed by OCC as the senior vice president for college-affiliated enterprises and

asset management, responsible for overseeing the operations of three separate not-for-profit OCC

entities responsible for the college’s dining, dormitories and sports & event management

activities, including serving as de facto president of Onondaga Enterprises, which operates SRC

Arena.

JURISDICTION AND VENUE

8. This court is the proper venue for this action by virtue of being the county where

Defendants Onondaga Enterprises, SRC Arena and SUNY-OCC’s principal places of business

are located, pursuant to CPLR § 503 (venue based on residence).

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9. 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, State

of 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 done

business 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 a

60,000 square-foot multipurpose facility with flexible seating for 6,500 people, used for hosting

major college and community events, musical performances and the arts, commencement and

award ceremonies, athletic events and more.

12. Plaintiffs successfully promoted and staged a prior event with SRC Arena, The

Max and Ruby Show, on March 16, 2012 (the “Prior Show”).

13. On or about May 2, 2012, Plaintiffs entered into an agreement with Defendants to

stage 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 events

at the facility, sent Plaintiff Sebby Abbate a “Confirmation Sheet” dated May 2, 2012 that

confirmed the scheduling of the Five Finger Concert.

15. This Confirmation Sheet sent by SRC Arena to Plaintiffs noted that the Five

Finger Concert would be a “co-promotion which will include the sharing of all net revenues

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generated by SRC Arena and Events Center to include Parking, Facility Fees, Convenience Fees

and Concessions. In return, the promoter will share all of its net revenue including net ticket

sales, sponsorship and any related revenue.”

16. Shortly after sending the Confirmation Sheet to Plaintiffs, Defendants began

selling tickets to the Five Finger Concert through their box office, and listed the event on their

web site for upcoming events at the SRC Arena.

17. On or about May 3, 2012, Plaintiffs began promoting the Five Finger Concert,

incurring costs to place advertisements on radio, cable television and in local print media.

18. On or about May 14, 2012, an unknown person presumably employed by

Defendants, contacted local radio station WAQX-FM, “95X,” where the concert was being

advertised and told them that the concert would no longer be held at SRC Arena.

19. Also on or about May 14, 2012, Plaintiff Mr. Mashaw spoke on the phone with

Steve Hyman, the SRC Arena sales representative who had prepared the agreement and sent the

Confirmation Sheet to Mr. Abbate, telling Mr. Abbate that Mr. Hyman “apparently did not have

the authority” to book the Five Finger Concert, contrary to his representations to the Plaintiffs,

and contrary to their past business dealings.

20. Just prior to their phone conversation, Mr. Hyman wrote an email to radio station

95X that said:

“With all the controversy recently involving the college, and the entertainment contractsat SRC Arena, and the need to maintain continuity in our mission, they will not contractfor Five Finger. You will need to find an alternative venue.”

21. In the email, Mr. Hyman advised Plaintiff that although SRC Arena and the

Defendants had cancelled the Five Finger Concert, they approved another concert being

promoted by Plaintiffs AMP Entertainment, by hip-hop artist Bow Wow, scheduled for June 19,

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2012. Mr. Hyman had offered, and Mr. Abbate had accepted, promotion of the Bow Wow

concert on the same terms and conditions as the Five Finger Concert – a co-promotion with

sharing of revenues between the promoter and the venue.

22. On or about May 15, 2012, Plaintiff Mr. Abbate attempted to contact SRC Arena

to attempt to confirm whether or not the Five Finger Concert had indeed been cancelled. Mr.

Abbate was unable to obtain any information from the box office, which reported to him that

tickets were still available for sale, and that the box office employee had heard nothing about the

cancellation of the concert.

23. Upon information and belief, tickets to the Five Finger Concert continued to be

sold by the SRC Arena box office until at least May 18, 2012.

24. Upon information and belief, several hundred tickets to the Five Finger Concert

were sold through the SRC Arena box office in the month of May 2012.

25. Plaintiffs engaged attorney Matthew Van Ryn, Esq. of Melvin & Melvin, PLLC

to represent them and authorized Mr. Van Ryn to contact SRC Arena and attempt to gather more

information and confirm whether, indeed, the Five Finger Concert had been cancelled.

26. Plaintiffs’ attorney researched the ownership of SRC Arena, and determined that

Onondaga Enterprises, Inc. was the owner / operator of the arena, and that David W. Murphy

was the person who had ordered the cancellation of the event.

27. On or about May 17, 2012, Plaintiffs’ attorney spoke personally with Mr. Murphy

to inquire whether the Five Finger Concert had indeed been cancelled. When informed by Mr.

Murphy that the event had been cancelled, Mr. Van Ryn inquired whether there was anything the

promoters could do to address any concerns that Mr. Murphy might have regarding the event

(e.g., provide extra security, obtain greater insurance, etc.). Plaintiffs’ attorney advised Mr.

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Murphy that the tour was of nationally recognized musical acts, and would be a professional

production that was going to 25 cities. Mr. Murphy only replied that there was no signed

contract for the concert, and the event would not be held at SRC Arena.

28. Upon learning through their attorney that the Five Finger Concert had been

cancelled without any form of notice from Defendants, Plaintiffs began looking into other places

to stage the concert.

29. Over the next several days, Plaintiffs sought to make arrangements to stage the

event at Onondaga County War Memorial (OnCenter), as well as at the New York State

Fairgrounds, but ultimately settled on the Oswego Speedway, located in Oswego, NY,

approximately 35 miles from the intended location of the event.

30. Plaintiffs will incur additional costs to pay for the outdoor staging of the Five

Finger Concert that they would not have incurred at an indoor arena such as SRC Arena.

31. Plaintiffs believe that this relocation of the Five Finger Concert from Syracuse to

Oswego will have a negative impact on ticket sales. In addition, the Plaintiffs lost the benefit of

the “co-promotion” 50% of share of concessions, parking and other revenue generated by the

arena that they would have been paid under their contract with SRC Arena and the Defendants.

32. On or about May 29, 2012, Plaintiff Mr. Mashaw gave an interview to the

Syracuse Post-Standard newspaper regarding the cancellation of the Five Finger Concert. In the

interview, Mr. Mashaw noted that although SRC Arena and the Defendants had cancelled the

Five Finger Concert, they approved another concert being promoted by Plaintiffs AMP

Entertainment, by hip-hop artist Bow Wow. Plaintiff Mr. Mashaw expressed

concern that the Bow Wow Concert might similarly be cancelled, and whether he should

consider moving the event to another venue.

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33. Upon information and belief, on or about May 29, 2012, Glenn Coin, the writer of

the article for the Post-Standard, contacted Mr. Hyman at SRC Arena for comment on the story.

The newspaper reported that Mr. Hyman advised the reporter that “the college does not want the

show. They’ve taken some steps I’m not really at liberty to talk about, but thank you,” and then

Mr. Hyman hung up the phone on the reporter.

34. A short time later, the Bow Wow Concert was removed from SRC Arena’s web

site listing of upcoming events. Upon information and belief, Plaintiffs believe that the Bow

Wow Concert has been cancelled as a result of the aforementioned newspaper article.

35. As with the Five Finger Concert, upon information and belief, Defendants have

sold an unknown number of tickets to the Bow Wow Concert, and are currently in possession of

those funds, which rightfully belong to Plaintiffs.

36. To date, Plaintiffs have received no further communication from SRC Arena or

any of the other Defendants.

AS AND FOR A FIRST CAUSE OF ACTION –BREACH OF CONTRACT – FIVE FINGER CONCERT

37. Plaintiffs repeat and re-allege paragraphs 1 through 36 as if fully set forth herein.

38. Defendants entered into the Five Finger Concert agreement by offering the terms

and conditions for the show, which were accepted by Plaintiffs, sending Plaintiffs a

Confirmation Sheet relating to the Five Finger Concert agreement, listing the concert on the SRC

Arena web site as an upcoming event, selling tickets to the concert and retaining the revenue

from such sales.

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39. Defendants then breached the Five Finger Concert agreement by cancelling the

event without cause, after hundreds of tickets had been sold by Defendants to the general public,

and retaining the revenue from such ticket sales.

40. Defendants’ actions have harmed Plaintiffs’ reputation and standing in the concert

and live event promotion business with nationally recognized talent providers, such as the

William Morris Agency, who assembled the talent for the Trespass America Tour / Five Finger

Concert.

41. By reason of the cancellation of the Five Finger Concert, questions regarding the

legitimacy of tickets sold by Defendants will require Plaintiffs to incur added time and expense

to ensure that tickets that have already been sold are not counterfeit, have not been the subject of

refunds and will be honored for the event at its new location.

42. By reason of Defendants’ breach of the Five Finger Concert agreement, Plaintiffs

have incurred the following damages: loss of co-promotion revenues from concessions, parking

and fees; incurring additional costs for advertising to inform the public of the change of venue;

incurring additional costs related to staging and security for an outdoor event which would not

have been incurred if the Five Finger Concert had been held indoors at SRC Arena, such as

rental of an outdoor stage and lighting, labor to assemble the stage, trailer rental for the talent,

including shower trailers; and lost ticket sales revenues that are currently being retained by

Defendants. Plaintiffs estimate their damages from cancellation of the Five Finger Concert by

Defendant to be approximately $100,000.

AS AND FOR A SECOND CAUSE OF ACTION –BREACH OF CONTRACT – BOW WOW CONCERT

43. Plaintiff repeats and re-alleges paragraphs 1 through 42 as if fully set forth herein.

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44. Defendants entered into the Bow Wow Concert agreement by offering the terms

and conditions for the show, which were accepted by Plaintiffs, sending Plaintiffs a

Confirmation Sheet relating to the Bow Wow Concert agreement, listing the concert on the SRC

Arena web site as an upcoming event, selling tickets to the concert and retaining the revenue

from such sales.

45. Defendants then breached the Bow Wow Concert agreement by cancelling the

event without cause, after hundreds of tickets had been sold by Defendants to the general public,

and retaining the revenue from such ticket sales.

46. Defendants’ actions have harmed Plaintiffs’ reputation and standing in the concert

and live event promotion business with nationally recognized talent providers, radio stations and

others in the industry.

46. By reason of the cancellation of the Bow Wow Concert, questions regarding the

legitimacy of tickets sold by Defendants will require Plaintiffs to incur added time and expense

to ensure that tickets that have already been sold are not counterfeit, have not been the subject of

refunds and will be honored for the event at its new location.

47. By reason of Defendants’ breach of the Bow Wow Concert agreement, Plaintiffs

have incurred the following damages: loss of co-promotion revenues from concessions, parking

and fees; incurring additional costs for advertising to inform the public of the change of venue;

incurring additional costs related to staging and security for an outdoor event which would not

have been incurred if the Bow Wow Concert had been held indoors at SRC Arena, such as rental

of an outdoor stage and lighting, labor to assemble the stage, trailer rental for the talent,

including shower trailers; and lost ticket sales revenues that are currently being retained by

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Defendants. Plaintiffs estimate their damages from cancellation of the Bow Wow Concert by

Defendant to be approximately $100,000.

AS AND FOR A THIRD CAUSE OF ACTION – CONVERSION OF GOODS


49. On or about May 2, 2012, goods in the form of tickets to the Bow Wow and Five

Finger Concerts were placed in the possession of Defendants, to be sold for the benefit of

Plaintiffs in performance of the Bow Wow and Five Finger concert agreements.

50. Thereafter, Defendants sold hundreds of tickets to both the Bow Wow and Five

Finger concerts.

51. As described above, Defendants cancelled both concerts without cause, have

wrongfully continued to sell tickets to the general public after the cancellation of the concerts,

retained the revenues from said ticket sales, have not refunded the revenues from such ticket

sales to the general public, nor paid over the revenues to the Plaintiffs, retaining these funds for

their own account.

52. By reason of such wrongful conversion of tickets for concerts that Defendants

canceled, continuing to sell such concert tickets after the cancellation of these events, and the

retention of said ticket sales revenues, Plaintiffs have been damaged in an amount to be

determined, at the rate of $40 per ticket, plus Plaintiffs’ share of applicable handling and

processing fees, as per the co-promotion provisions of their respective agreements with

Defendants for the Five Finger Concert and the Bow Wow Concert.

AS AND FOR A FOURTH CAUSE OF ACTION –LOSS OF BUSINESS OPPORTUNITY


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54. By reason of Defendants’ breaches of the Five Finger Concert and Bow Wow

Concert agreements without cause as set forth above, and Plaintiffs’ inability to hold these

concerts at the venue where they have been advertised and for which tickets have been sold to

the general public, Plaintiffs have suffered the loss of two distinct business opportunities from

which they expected to profit, but for the acts of Defendants.

55. As a result of Defendants’ cancellation of these concerts without cause, after

tickets had gone on sale to the general public, after advertising had been paid for and placed in

the appropriate cable television, radio, newspaper, and other print media Plaintiffs, and after the

talent had been secured for these venues on these dates, Plaintiffs have suffered damage to their

professional reputations in an amount that cannot easily be determined, plus the loss of

anticipated profits from the staging of these two events in an amount to be determined according

to the proof at trial, but believed to be in excess of $200,000.

AS AND FOR A FIFTH CAUSE OF ACTION –DEMAND FOR ACCOUNTING AGAINST PERSON

COLLECTING MONEY IN A FIDUCIAR CAPACITY


57. On or about May 2, 2012, Defendants began selling tickets to the Five Finger

Concert and the Bow Wow Concert, in performance of their obligations under the respective

agreements with Plaintiffs to stage these events at SRC Arena.

58. On or about May 14, 2012, Defendants unilaterally decided to cancel the Five

Finger Concert. However, they continued selling tickets to the event for at least another 4 or 5

days following said cancellation.

59. On or about May 29, 2012, Defendants pulled the Bow Wow Concert from their

online calendar of upcoming events.

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60. As of May 31, 2012, a phone call to the SRC Arena box office requesting to

purchase tickets for the Bow Wow Concert was met with the response that tickets are not

currently available, but it is anticipated that they may be in the near future, because the event is

being rescheduled.

61. Upon information and belief, Defendants have sold several hundred tickets to

these two events, and an accounting is due to Plaintiffs with respect to such ticket sales.

62. Plaintiff has demanded an accounting of such ticket sales from Defendants.

63. Defendants have failed and refused to render such an accounting.

64. Defendants have failed and refused to pay to Plaintiffs any money received by

Defendants for Plaintiffs in connection to these two concerts.

65. Plaintiffs have no adequate remedy at law, and respectfully request the Court to

order Defendants to render a full accounting of all monies received and disbursed by Defendants

on behalf of Plaintiffs.

AS AND FOR A SIXTH CAUSE OF ACTION –UNJUST ENRICHMENT AND DISGORGEMENT

OF MONIES WRONGFULLY RETAINED BY DEFENDANTS


67. The elements of unjust enrichment are: (1) a benefit is conferred upon the

Defendant by the Plaintiff; (2) an appreciation or knowledge by the Defendant of the benefit; and

(3) acceptance or retention by the Defendant of the benefit under circumstances making it

inequitable for the Defendant to retain the benefit without payment of its value.

68. Plaintiffs entered into a contract with third parties to provide the talent to SRC

Arena to stage the Five Finger Concert and the Bow Wow Concert, which conferred a benefit

upon Defendants.

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69. Defendants were aware and appreciated the fact that Plaintiffs were securing

talent, obtaining insurance, and expending monies to promote and advertise the upcoming events

to be held at SRC Arena.

70. Defendants have sold tickets to the public for both concerts, and then cancelled

the concerts without cause, while retaining the revenues from such ticket sales and failing to

provide an accounting (or an explanation for the cancellations) to Plaintiffs.

71. Defendant has been wrongly and unjustly enriched by its conduct and its

fraudulent misrepresentations to public, which induced Plaintiffs to expend approximately

$50,000 to date, advertise and promote these two events to the public, and to begin making

logistical preparations to stage these events.

72 Defendant has retained the benefit of Plaintiffs’ efforts to promote these two

events by selling tickets to these events to the public – even after they had been cancelled by

Defendants - and retaining the revenues from said ticket sales. It is inequitable and unjust for the

Defendants to retain the benefit of Plaintiffs’ efforts and expenditures in relation to the staging of

these events at SRC Arena.

73. By reason of the foregoing, Plaintiffs are entitled to reimbursement of the funds

they expended in connection with its promotion of these two events, along with interest on such

amount dating to the date of such expenditures.

AS AND FOR A SEVENTH CAUSE OF ACTIONAGAINST DAVID W. MURPHY INDIVIDUALLY FOR TORTIOUS I NTERFERENCE

WITH AN EXISTING CONTRACTUAL RELATIONSHIPAND FOR INDUCING BREACH OF CONTRACT BY THE OTHER DE FENDANTS


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75. Plaintiffs enjoy a national reputation as concert promoters, having worked

successfully with some of the major talent agencies and talent in the music industry.

76. At all relevant times herein, Defendant David W. Murphy had knowledge and

notice of the agreements between Plaintiffs and Defendants to stage the Five Finger and Bow

Wow concerts.

77. On or about May 14, 2012, Defendant David W. Murphy wrongfully,

intentionally and maliciously induced, and indeed ordered, the other Defendants to cancel their

agreement with Plaintiffs to Five Finger Concert, due to concern over public scrutiny over the

contracting process to procure events at SRC Arena in competition with other Syracuse area

concert and event venues. Simply put, Defendant Mr. Murphy, who had been the subject of

several investigative reports by the Syracuse Post-Standard newspaper, was concerned at the

negative publicity he might face for holding a heavy metal concert at the SRC Arena, forgetting

perhaps that this is among the styles and genres of music that are popular with a segment of

today’s student and young adult audience that one would expect to see staged at a college arena.

78. On May 17, 2012, conversations were held with Defendant Mr. Murphy by

Plaintiffs’ counsel, to make inquiries as to what specific concerns Mr. Murphy might have

regarding the concert, which is a professionally staged and promoted national tour, with the

talent assembled by the nationally-recognized William Morris Agency, with whom Plaintiffs

worked to promote the Syracuse stop on a 25 city tour. Mr. Murphy said there was nothing that

could be done to change his mind; the concert would not take place at SRC Arena.

79. As a direct result of Mr. Murphy’s acts and instructions, Defendants breached

their agreement with Plaintiffs for the Five Finger Concert, cancelling the event, despite

Defendants having begun selling tickets to the general public through the SRC Arena box office.

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80. After the Post-Standard story regarding the cancellation of the Five Finger

Concert was published on May 29, 2012, sales of tickets to the Bow Wow Concert were placed

on hold by the SRC Arena box office and withdrawn as an upcoming from the SRC Arena web

site, in breach of the Bow Wow Concert agreement. The future status of the event is uncertain,

but appears to have been unilaterally cancelled by Defendants. Upon information and belief,

such cancellation was at the direction of Mr. Murphy as a result of the negative publicity from

the Post-Standard story of May 29, 2012.

81. By reason of the foregoing, Plaintiffs have suffered damages in the amount of

approximately $100,000 per cancelled concert, in addition the sum of $500,000 in compensatory

damages attributable to the damage to Plaintiffs’ reputation in the music industry as a result of

cancellation of these events after tickets have gone on sale to the public.

AS AND FOR AN EIGHTH CAUSE OF ACTION –VIOLATION OF NEW YORK GENERAL BUSINESS LAW § 349


83. Defendants acts have violated the provisions of New York’s General Business

Law (“GBL ”) forbidding deceptive trade acts and practices. The statute provides as follows:

§ 349. Deceptive acts and practices unlawful

(a) Deceptive acts or practices in the conduct of any business, trade or commerceor in the furnishing of any service in this state are hereby declared unlawful.

84. Defendants’ action to continue to sell tickets to the public to concerts that it had

knowingly cancelled constitute a deceptive and unlawful act under GBL § 349.

85. GBL § 349 (h) authorizes individuals who have been injured by reason of any

violation of this statute to bring a cause of action against the person or entity committing the

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violation to recover the actual damages incurred. Furthermore, this section of the statute also

authorized the Court, in its discretion, to award treble damages if the Defendant willingly or

knowingly committed the violation. Finally, GBL § 349 (h) also authorizes the award of

attorney’s fees to the prevailing Plaintiff.

WHEREFORE , Plaintiffs Sebby Abbate and Scott Mashaw, professionally known as

“Scott Ozzborn”, jointly and severally doing business as AMP Entertainment., demand judgment

against Defendants as follows:

1. On Plaintiff’s First Cause of Action for Breach of Contract with respect to the

Five Finger Concert, Plaintiffs are entitled to recovery of (a) the monies it expended on

advertising and promotion of the event at SRC Arena; (b) costs of moving the event to the

Oswego Speedway, including the additional costs associated with the staging and security for an

outdoor event; (c) reimbursement of the monies collected by SRC Arena from ticket sales for the

Five Finger Concert; and (d) its lost profits attributable to Defendant’s breach of contract.

2. On Plaintiff’s Second Cause of Action for Breach of Contract with respect to the

Bow Wow Concert, Plaintiffs are entitled to recovery of (a) the monies it expended on

advertising and promotion of the event at SRC Arena; (b) costs of moving the event to the

another venue yet to be determined, including the additional costs associated with the staging

and security for an outdoor event; (c) reimbursement of the monies collected by SRC Arena from

ticket sales for the Bow Wow Concert; and (d) its lost profits attributable to Defendant’s breach

of contract.

3. On Plaintiff’s Third Cause of Action, Conversion of Goods, Plaintiffs are entitled

to recover of the monies paid to SRC Arena in connection with the sale of tickets to the Five

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Finger and Bow Wow Concerts, plus interest from the date of said sales, in an amount to be

determined.

4. On Plaintiff’s Fourth Cause of Action, Loss of Business Opportunity, plaintiffs

are entitled to recovery of approximately $100,000 per concert in lost profits, plus an amount to

be determined by the Court with respect to the harm to Plaintiffs’ business reputation and future

ability to conduct business with top talent suppliers due to Defendants’ unprofessional acts to

cancel event without just cause after tickets to those events had been put on sale to the general

public..

5. On Plaintiffs’ Fifth Cause of Action, payment in full of the monies collected by

SRC Arena and Defendants in relation to ticket sales for the Five Finger Concert and Bow Wow

Concert without offset, fees or charges of any kind by Defendants.

6. On Plaintiffs’ Sixth Cause of Action, Plaintiff is entitled to payment in full of the

monies collected by SRC Arena and Defendants in relation to ticket sales for the Five Finger

Concert and Bow Wow Concert without offset, fees or charges of any kind by Defendants.

7. On Plaintiff’s Seventh Cause of Action, $100,000 in damages per concert for lost

profits attributable to the Bow Wow Concert and the Five Finger Concert, plus the sum of

$500,000 in compensatory damages for damage to Plaintiffs’ professional standing and

reputation, due to Defendant Mr. Murphy’s tortious interference and inducement to the other

Defendants to breach their agreements with Plaintiffs for the staging and promotion of these

events. award of attorneys’ fees and the costs of bringing this action.

8. On Plaintiff’s Eighth Cause of Action, Plaintiffs respectfully request treble

damages be awarded pursuant to the provisions of NY GBL § 349(h), along with the award of

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attorney’s fees, together with the costs and disbursements of this action and such other and

further relief, which this Court may deem just and proper.

Respectfully submitted,

Dated: June 1, 2012 Matthew Van Ryn, Esq.MELVIN & MELVIN, PLLCAttorneys for Plaintiffs AMP Entertainment217 South Salina Street, Seventh FloorSyracuse, New York 13202Telephone (315) 422-1311

src arena lawsuit

Documents

incur added time

confirmation sheet relating

including shower trailers

bow wow concert

lost profits attributable

contact src arena

incurring additional costs

bow wow concerts