www.courthousenews.

com

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

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

Plaintiff,
: Purchased / f b $.^ ~ ~ “ o. l ~
: SUMMONS..-,..--”.

1LED
~ ” ” -\--

- against - : Plaintiff d e s i g n a F
New York Corn
KIMBERLY JONES, dk/a “Lil’ Kim”, : the place of trial

ce
Defendant.

i
rv
Se
TO THE ABOVE NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy

s
of your answer on the Plaintiffs attorney within 20 days after the service of this Summons,
ew
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you d h i n the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
N
complaint.

Dated: July 23. 2008 MARK J. LAWLESS

se
ou

250 West 57* Street, Suite 1316

rth

New York, NY 10107

Tel. 212-754-0665
ou

I Defendant’s address: c/o Vigliano Associates, Ltd., 584 Broadway, Suite 809, New York, NY
10012
C
 www.courthousenews.com

SIMON & SCHUSTER, INC.,

Plaintiff Index No. 08-

1. S&S and defendant Kimberly Jones (“Jones”) are parties to a Publishing Agreement
dated November 26,2003 (the “Publishing Agreement”). -
2. Pursuant to the Publishing Agreement, Jones was to deliver to S&S a complete and
acceptable manuscript for a literary work tentatively entitled Untitled Novel (the “Literary
Work”) on or before June 30,2004.
3. Pursuant to the Publishing Agreement, S&S paid to Author’s account advances against
royalties to be earned from the exploitation of the Literary Work in the amount of $40,000.00.
4. The Publishing Agreement made specific provision for the rights of the parties in the
event Jones (identified in the Publishing Agreement as “Author”) should not deliver the
complete and acceptable manuscript by the date it was due, as follows:

“1 1. Timely delivery of the Work, editorially satisfactory to the Publisher in

length, content and form, is essential to the Publisher and is of the essence of this
Agreement. If Author fails to deliver the complete manuscript of the Work,
editorially satisfactory to the Publisher in length, content and form, within 30 days
of the time specified, the Publisher shall have the option to give Author a notice in
writing terminating this Agreement, and in such event the Publisher may then
recover and the Author shall repay within a reasonable period of time all amounts
advanced to the Author.* * *’”’
 www.courthousenews.com

5. S&S exercised its option to terminate the Agreement and made due demand upon Jones
for the repayment of $40,000.00 by letter of July 28, 2004. Jones did not complete the Work
within the ensuing 30 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 to S&S the $40,000.00 so
advanced to her account.
FIRST CAUSE OF ACTION
7. The allegations of Paragraphs 1-6 are repeated as if fully set forth.
8. Jones has breached her agreement to repay the $40,000.00 advanced to her account upon
demand by S&S made after S&S elected to exercise its option to terminate the Agreement.
9. By reason of the foregoing, S&S has been damaged in the amount of $40,000.00.
SECOND CAUSE OF ACTION
10. The allegations of Paragraphs 1-9 are repeated as if fully set forth.
11. Jones has been unjustly enriched by the retention of $40,000.00 paid to her account by
S&S.
12. By reason of the foregoing, Jones owes S&S $40,000.00,
WHEREFORE, plaintiff Simon & Schuster, Inc. demands judgment against defendant
KIMBERLY JONES, a/k/a “Lil’ Kim” awarding to Simon & Schuster, Inc. the amount of
$40,000.00, plus interest from August 28,2004, the costs and disbursements of this action, and
such further relief as the court might deem just.

Dated: July 23,2008 MARK J. LAWLESS

250 Wek 57’ $keet, Suite 1316

New York, NY 10107
(212)754-0665
 www.courthousenews.com

SIMON & S(‘I II JSTER, INC’.,

11
’ aint iff

against

M A R K J . LAWLUSS
Attoriicy lbr Plaintiff
SO West 57”’ Strcct, Siiiie I 3 1 A
New Yolk, NY 1 01 07
(212) 754-0665