lilkim

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SUPREMECOURTOF TH E STATE OF NEW YORKCOUNTYOF NEW YORK

Defendants address: c/o Vigliano Associates, Ltd.,584 Broadway, Suite809, New York, NY10012

SIMON& SCHUSTER,INC., : IndexNo. 08-: Purchased /

f b $ ~ ~^

Plaintiff, : SUMMONS .-,..--. -\--

- against-

KIMBERLY JONES, d k/ a Lil Kim,

Defendant.

: Plain tiff d e s i g n a F1LEDNew YorkC o r n

: the place of trial

TO THEABOVE NAMED DEFENDANT:

YOU ARE HEREBYSUMMONEDto answer the complaint inthis action and to servea copyof your answer on the Plaintiffs attorney within20 days after the serviceof this Summons,exclusiveof the dayof service (or within30 days after the service is complete if thissummonsisnot personally delivered to you d h i n the Stateof New York); and in case of your failure toappear or answer, judgment will be taken againstyou by default for the relief demandedin thecomplaint.

Dated: July 23.2008 MARK J. LAWLESS

250 West 57* Street, Suite1316New York,NY 10 107Tel. 212-754-0665

www.courthousenews.com

Cour

thouse

New

s Ser

vice
http://www.courthousenews.com/http://www.courthousenews.com/

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SIMON& SCHUSTER, INC.,Plaintiff IndexNo. 08-

1.

dated November26,2003 (the Publishing Agreement).-

S&S and defendant Kimberly Jones (Jones) are parties toa Publishing Agreement

2. Pursuant to the Publishing Agreement, Jones was to deliver toS& S a complete and

acceptable manuscript for a literary work tentatively entitledUntitled Novel (the Literary

Work) on or before June30,2004.

3 . Pursuant to the Publishing Agreement,S&S paid to Authors account advances against

royalties to be earned from the exploitationof the Literary Work in the amount of$40,000.00.

4. The Publishing Agreement made specific provision for the rights of the parties in th

event Jones (identified in the Publishing Agreement as Author) should not deliver th

complete and acceptable manuscript by the date it was due, as follows:

1 1. Timely deliveryof the Work, editorially satisfactory to the Publisher inlength, content and form, is essential to the Publisher and isof the essence of thisAgreement. If Author fails to deliver the complete manuscript of the Workeditorially satisfactory to the Publisher in length, contentand form, within30 daysof the time specified, the Publisher shall have the option to give Authora notice inwriting terminating this Agreement, and in such event the Publisher may therecover and the A uthor shall repay withina reasonable periodof time all amountsadvanced to the Author.***


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5 . S & S exercised its option to terminate the Agreement and made due demandupon Jones

for the repayment of $40,000.00 by letter of July28, 2004. Jones did not complete the Work

within the ensuing30 day period, and became liable to Publisher for the repayment of the

$40,000.00 that had been advanced for her account.

6. Despite demand therefor, Jones has failed and refused to repay toS&S the $40,000.00so

advanced to her account.

FIRST CAUSE OF ACTION

7.

8 .

demand byS& S made afterS&S elected to exercise its option to terminatethe Agreement.

9.

The allegationsof Paragraphs1-6 are repeatedas if fully set forth.

Jones has breached her agreement to repay the $40,000.00 advanced to her accountupon

By reason of the foregoing,S& S has been damaged in the amount of$40,000.00.

SECOND CAUSEOF ACTION

10.

1 1.

S&S.

12.

WHEREFORE, plaintiff Simon& Schuster, Inc. demands judgment against defendant

KIMBERLY JONES, a/k/a Lil Kim awarding to Simon& Schuster, Inc. the amoun tof

$40,000.00, plus interestfrom August28,2004,the costs and disbursementsof this action, and

such further relief as the court might deemjust.

The allegationsof Paragraphs1-9 are repeatedas if fully set forth.

Jones has been unjustly enriched by the retentionof $40,000.00paid to her accountby

By reasonof the foregoing, Jones owesS&S $40,000.00,

Dated: July 23,20 08 MARK J. LAWLESS

250 W ek 57 $keet, Suite 1316New York, NY 10107(212)754-0665


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SIMON& S(I I I JSTER,INC.,11 aint iff

against

M A R K J . LAWLUSSAttoriicylbr Plaintiff

SO West 57 Strcct, Siiiie I 3 1 AN ew Yo l k , NY 0107

(212) 754-0665


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