N 712412008

www.courthousenews.com

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

: Purchased / /OS
Plaintiff, : SUMMONS
0 8 11 0’12 5
- against - : Plaintiff designates
New York Counity as
INGA MARCHAND, dk/a “Foxy Brown”, : the p{&e of trial

e
ic
Defendant.
x Basis of‘venue:
x-----------------------------””””----------------------------------------

rv
Agreement of Parti

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 complet5:‘ifthis summons is
not personally delivered to you within 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 22,2008 MARK J. LAWLESS

se

1
ou

250 West Fifty Seventh Street, Suite 1316

rth

New York, NY 10107

Tel. 212-754-0665
ou

Defendant’s address: 151 St. Marks Avenue, Brooklyn, NY 11238

C
 www.courthousenews.com

7 U

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

SIMON & SCHUSTER, INC.,

Plaintiff . + Index No. 08-
r-

against

INGA MARCHAND a/k/a/ “Foxy Brown,”

Defendant.

the defendant INGA MARCHAND (&a “Foxy Brown”) alleges:

1. S&S and defendant Inga Marchand (“Marchand”) are parties to a Publishing Agreement
dated October 18,2005 (the “Publishing Agreement”).
2. Pursuant to the Publishing Agreement, Marchand was to deliver to S&S a complete and
acceptable manuscript for a literary work tentatively entitled BROKEN SILENCE (the “Literary
Work”), on or before February 1,2006
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 $75,000.00.
4. The Publishing Agreement made specific provision for the rights of the parties in the
event Marchand should not deliver the complete and acceptable manuscript by the date it was
due, as follows:

“8. (a) If Author shall fail to deliver the complete manuscript within 30 days after
the date herein provided, then Publisher may at any time thereafter terminate this
Agreement, and upon such termination all sums paid to Author shall be repayable
to Publisher. Upon full repayment Author’s obligations hereunder shall
terminate.”

5. S&S exercised its option to terminate the Agreement and made due demand upon
 www.courthousenews.com

Marchand for the repayment of $75,000.00 by letter of July 20, 2006, Marchand thereupon
became liable to Publisher for the repayment of the $75,000.00 that had been advanced for her
account.
6. Despite demand therefor, Marchand has failed and refused to repay to S&S the
$75,000.00 so advanced to her account.
FIRST CAUSE OF ACTION
7. The allegations of Paragraphs 1-6 are repeated as if hlly set forth.
8. Marchand has breached her agreement to repay the $75,000.00 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 $75,000.00.
SECOND CAUSE OF ACTION
10. The allegations of Paragraphs 1-9 are repeated as if fully set forth.
11. Marchand has been unjustly enriched by the retention of $75,000.00 paid to her account
by S&S.
12. By reason of the foregoing, Marchand owes S&S $75,000.00.
WHEREFORE, plaintiff Simon & Schuster, Inc. demands judgment against defendant INGA
MARCHAND, dk/a “Foxy Brown” awarding to Simon & Schuster, Inc. the amount of
$75,000.00, plus interest from July 20,2006, the costs and disbursements of this action, and such
further relief as the court might deem just.

Dated: July 22, 2008 MARK J. LAWLESS

Attorney for Plaihtiff

250 West 57” Street, Suite 1316
New York, NY 10107
(212)754-0665
www.courthousenews.com