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FILED: NEW YORK COUNTY CLERK 02/22/2018 11:11 AM INDEX NO.

650854/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2018

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF NEW YORK
-----------------------------------------------------------------------X

Index No.:

THE ALGERIAN, LLC,

Plaintiff,
SUMMONS WITH
NOTICE
-against-

Plaintiff designates New York

HANNOVER HOUSE, INC., FRED SHEFTE, ERIC


1-10"
PARKINSON, "JOHN DOE and "ABC CORP. 1-10",
Basis of venue is Choice of

Law Clause in Agreement

Defendants.

------------------------------------------------------------------------X X

TO THE ABOVE- NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of

appearance on the Plaintiff's Attorney(s) at the address set forth below, and to do so within

twenty (20) days after the service of this Summons, exclusive of the date of service (or within

thirty (30) days after the service is complete if this Summons is not personally delivered to you

within the State of New York).

YOU ARE HERBY NOTIFIED THAT should you fail to appear or answer, judgment

will be entered against you by default for the relief demanded below.

Dated: New York, New York

February 20, 2018

Respectfully submitted,

Andrew Borsen

Borsen Law, LLC


60 S. 8th Street, Unit 309

Brooklyn, New York 11249

212.774.7717

Attorney for Plaintiff

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FILED: NEW YORK COUNTY CLERK 02/22/2018 11:11 AM INDEX NO. 650854/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2018

Defendants'
Addresses:

HANNOVER HOUSE INC. FRED SHEFTE


300 N College Avenue Suite 311 300 N College Avenue Suite 311

Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72701

ERIC PARKINSON
300 N College Avenue Suite 311

Fayetteville, Arkansas 72701

NOTICE:

The nature of this action is for a breach of a "USA & Canada Theatrical, Home Video, V.O.D. &
Agreement"
Television Distribution dated January 14, 2015 and amended November 15, 2016
(" Agreement"
("Agreement").

Plaintiff is the authorized copyright proprietor of the full length motion picture entitled "The
Cell" (" Picture"
Algerian a/k/a Sleeper ("Picture"). Defendant, Hannover House Inc. ("Hannover") agreed

to release and distribute the Picture for home media / home video - on - demand
theatrical, video,
and television markets in the United States and Canada. The Agreement specifically required

Hannover House to, among other things, a) release the Picture onto DVD and BluRay in North

America and endeavor to obtain placement of videos at Walmart, Best Buy, Target, Barnes &
Noble, Hastings, Family Video, Amazon.com, as well as other major retailers and internet sellers

of video products, b) release the Picture in North America through Netflix SVOD (Streaming
Video On Demand,) c) deliver regular financial statements to Plaintiff and d) generate gross

revenue of a minimum of $1,290,339 USD to Plaintiff. This Complaint is for (i) breach of said

Agreement, (ii) negligent misrepresentation by the individual Defendants, (iii) breach of implied

covenant of good faith and fair dealing, (iv) breach of fiduciary duty, and accounting.

THE RELIEF SOUGHT IS:

1. A money judgment in the sum of one million, two hundred and ninety thousand, three hundred

and thirty nine ($1,290,339.00) USD, plus interest and costs for the breach of Agreement.

2.A money judgment in the sum of one million, two hundred and ninety thousand, three hundred

and thirty nine ($1,290,339.00) USD, plus interest and costs for negligently misrepresenting
that Plaintiff shall have its movie distributed to North American Amazon, Walmart and Netflix.

3.A money judgment in the sum of one million, two hundred and ninety thousand, three hundred

and thirty nine ($1,290,339.00) USD, plus interest and costs for violating the implied covenant

of good faith and fair dealing.

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FILED: NEW YORK COUNTY CLERK 02/22/2018 11:11 AM INDEX NO. 650854/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2018

4.A money judgment in the sum of one million, two hundred and ninety thousand, three hundred

and thirty nine ($1,290,339.00) USD, plus interest and costs for breach of duty of loyalty owed

to Plaintiff.

Defendants'
5. Order compelling accounting of all of accounts from January 2015 through

present.

6. Awarding attorney's fees and the costs and disbursements of this action; and

7. For such other and further relief as this Court may deem just and proper.

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