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Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NY...

Docket 653724/2020, New York State, New York County, Supreme Court (Aug. 11, 2020)
Case TypeCommercial - Contract
TagsCommercial, Civil, Contract
Plaintiff - Petitioner Laura Dusek
Plaintiff - Petitioner Daniel Malloy
Defendant - Respondent Define Your Essence, LLC, doing business as JA STUDIOS NYC
...
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ANSWER

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 9 (N.Y. Sup. Ct., New York County Nov. 10, 2020)
In order for there to be an unjust enrichment, there must be enrichment which offends notions of equity and fairness, and there has been none here.
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THIRD PARTY SUMMONS/COMPLAINT

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 10 (N.Y. Sup. Ct., New York County Nov. 10, 2020)
Third- August 11, 2020 seeking recovery of alleged damages for Dusek and Malloy sounding in claims for breach of contract, fraud, monies had and received and unjust enrichment; all of which resulted from discussions of a business deal that was never finalized.
JA is labor of love which bears her initialsa brand which she created, built and fostered, her reputation garnering acclaim for premier hair salon services and productswhich, since January 2016, operates as a d/b/a of DYE.
Still, and promises to finance and plan , Albert began to permit Rogers involvement overseeing the financial operations of JA Studios, managing its books and securing deals with third parties (lenders, contractors, clients, investors, etc.).
At all times relevant herein, Rogers solely corresponded or interfaced with all pertinent third parties for the purported purpose of growing DYE and the JA Studios Brand, including but not limited to those with the Landlord, providing financial statements and otherwise related to the Lease; as well as with design professionals, contractors, and sub- commercial space.
In order to assist with procuring a loan, Rogers suggested an attorney with whom she had a relationship, to prepare the necessary paperwork and advise DYE in structuring contractual and financial terms thereof, and induced Albert to consent to the use of Greenberg.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 8 (N.Y. Sup. Ct., New York County Sep. 30, 2020)
Frank J. Monteleone, an attorney duly admitted to practice law before the Courts of the State of New York hereby affirms the following under peñâlties of perjury:
I am not a party to this action, I am over 18 years of age and my business address is 33 West 19* Street, 4* Floor, New York, New York 10011.
On September deponent served of
30, 2020, a true copy the Summons and Complaint upon the parties named below by placiñg same in a First Class Mail, postage-paid wrapper bearing the legend "personal and confidential" and not indi~ting on the outside of the envelope that the cess-icnion is from an attorney or concems an alleged debt, addressed to the address stated below and depositing it in a receptacle under the exclusive Care and custody of the United States Postal Service:
Dated: New York, September New York 2020 30, 2"d Floor
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COMPLAINT

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 2 (N.Y. Sup. Ct., New York County Aug. 11, 2020)
Plaintiffs Laura Dusek and Daniel Malloy, by and through their attorney, Frank J. Monteleone, Esq., as and for their Complaint against defendants, Define Your Essence, LLC, doing business as JA Studios NYC, and Jennifer Albert, allege as follows:
Notwithstanding Defendants’ receipt of Plaintiffs’ $75,000.00 investment, Defendants failed to give Plaintiffs an equity interest in DYE and have refused to return Plaintiffs’ money, despite numerous demands.
In order to obtain a lease and build out the salon, Albert, directly and through her agents, sought investors who would provide the financial support to start the business in return for an equity interest in DYE.
It also provides that Plaintiffs could make an additional $75,000.00 investment, contingent upon DYE obtaining signed leases from a minimum of two artists (hairstylists) and progress being made on the buildout of the salon.
In an effort to resolve this matter without the need for litigation, Plaintiffs agreed to remove Defendant Albert personally from the agreement, such that the payment obligation would be limited to DYE.
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15

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 15 (N.Y. Sup. Ct., New York County Jan. 5, 2021)

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13

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 13 (N.Y. Sup. Ct., New York County Nov. 11, 2020)

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14

Document Laura Dusek et al v. Define Your Essence, LLC, doing business as JA STUDIOS NYC et al, 653724/2020, 14 (N.Y. Sup. Ct., New York County Nov. 11, 2020)

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