FILED: NEW YORK COUNTY CLERK 11/08/2018 06:45 PM INDEX NO.

655574/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/08/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
-------------------------------------------------------------X Index #:
DINI VON MUEFFLING CONSULTING, LLC, Purchased on:

Plaintiff,
COMPLAINT
-against-

DANIEL BOICE,

Defendant.
-------------------------------------------------------------X

Plaintiff Dini von Mueffling Communications, LLC (“DVM”), as and for its Complaint

against Defendant Daniel Boice hereby alleges as follows:

1. Defendant Daniel Boice is a Founder and owner of an online private

investigator platform called Trustify (www.trustify.info) (“Trustify”).

2. Upon information and belief, Mr. Boice is a domiciliary of Virginia, located at

200 12th Street S., Arlington, Virginia 22202.

3. DVM is a domestic limited liability company with offices in Manhattan.

4. DVM is a highly respected, award-winning full service boutique public

relations firm which includes crisis management.

5. Mr. Boice (and Trustify) has had a long history of public relations issues

requiring an incisive public relations and crisis management team.

6. On or about July 30, 2018, pursuant to a written contract, Mr. Boice retained

DVM to perform public relations services (the “Contract”).

7. The Contract provided for DVM to provide public relations services to Mr.

Boice and Trustify for fifteen thousand ($15,000.00) per month.

8. The first such payment was to be made simultaneously with the execution of

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the Contract.

9. Invoice #694 in the amount of fifteen thousand dollars ($15,000.00) was

emailed to Mr. Boice on July 30, 2018.

10. In spite of numerous oral and written reminders and demands, no portion of

this Invoice has been paid.

11. Invoice #710 in the amount of fifteen thousand dollars ($15,000.00) was

emailed to Mr. Boice on September 1, 2018.

12. In spite of numerous oral and written reminders and demands, no portion of

this Invoice has been paid.

13. Invoice #731 in the amount of fifteen thousand one hundred and fifty two

dollars and sixty-three cents ($15,152.63) was emailed to Mr. Boice on October 1, 2018.1

14. In spite of numerous oral and written reminders and demands, no portion of

this Invoice has been paid.

15. Invoice #750 in the amount of fifteen thousand dollars ($15,000.00) was

emailed to Mr. Boice on November 1, 2018.

16. In spite of numerous oral and written reminders and demands, no portion of

this Invoice has been paid.

17. Between August 1, 2018 and November 5, 2018, DVM provided a massive

amount of public relations services, social media strategy, and nonprofit initiatives, as well

as extensive crisis managment to Mr. Boice – always with the absolute promise that DVM

would be paid.

18. By way of limited example, the magazine The Washingtonian was going to do

1 The additional amount due was for expenses.

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a big take down of Mr. Boice and Trustify. DVM spent dozens of hours in interviewing crisis

firms, working with a new defamation attorney on Mr. Boice’s behalf, working with the

company's CMO who recently resigned over ethical issues, and crafting messaging for the

lawyer to relay to the Editor in Chief of the magazine to successfully shut down the worst

elements of the story.

19. DVM always worked in good faith.

20. DVM secured pending press for Mr. Boice in such prominent publications and

outlets as Fast Company, Bloomberg, CNN, CBS This Morning and many more.

21. DVM’s good faith began to rupture when, on October 15, 2018 Mr. Boice sent

DVM’s principal a fake and intentionally falsified receipt purporting to be from bill.com and

showing that Invoices #694 and 710 (referenced above) had been paid on September 1 and

October 1, 2018 respectively.

22. Neither these nor any of the 4 Invoices were paid.

AS AND FOR A FIRST CAUSE OF ACTION

(Breach of Contract)

23. DVM repeats and re-alleges each of the foregoing paragraphs as though fully

set forth herein.

24. The Contract constitutes a fully valid and binding contract, fully enforceable

pursuant to law.

25. DVM fully performed pursuant to the Contract.

26. Invoices were sent by DVM in a timely fashion and were always pursued.

27. Notwithstanding the foregoing, the Contract was breached by Mr. Boice.

28. Accordingly, DVM is owed sixty thousand one hundred and fifty two dollars

and sixty-three cents ($15,152.63).

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29. The Term of the Contract is twelve (12) months.

30. In the event of early termination by Mr. Boice, the remaining payments due

under the Contract for the entirety of the Term “accelerate and become immediately due

and payable.”

31. As a direct and proximate result of the foregoing, DVM has been damaged in

an amount to be proven at trial, but in no event less than one hundred and eighty thousand

one hundred and fifty two dollars and sixty three cents ($180,152.63).

AS AND FOR A FIRST CAUSE OF ACTION

(Account Stated)

32. DVM repeats and re-alleges each of the foregoing paragraphs as though fully

set forth herein.

33. Mr. Boice did not protest when either of the Invoices referenced above were

emailed to him.

34. Mr. Boice did not protest when he heard any of the numerous oral and

written complaints from DVM concerning non-payment of the invoices.

35. Quite the opposite, understanding plainly that there was a debt due, Mr.

Boice went so far as to falsify and fake purported receipts of payment.

36. As a direct and proximate result of the foregoing, DVM has been damaged in

the amount of sixty thousand one hundred and fifty two dollars and sixty three cents

($60,152.63).

WHEREFORE, Plaintiff Dini Von Mueffling Communications, LLC hereby demands

judgment against Defendant Daniel Boice as follows:

On the first cause of action in an amount to be proven at trial but in no event

less than one hundred and eighty thousand one hundred and fifty two dollars

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and sixty three cents ($180,152.63), together with attorney’s fees as

provided by the Contract, and statutory interest; and

On the second cause of action in the amount of sixty thousand one hundred
and fifty two dollars and sixty three cents ($60,152.63), together with
attorney’s fees as provided by the Contract, and statutory interest; and

Such other and further relief as to this Court seems just and proper.

Dated: New York, New York
November 8, 2018

Yours, etc.


___________________________
M W MOODY LLC
By: Mark Warren Moody
43 West 43d Street
New York, New York 10036
t. 917-414-7886
e. mwm@mwmoody.com
TO: Daniel Boice
c/o Trustify
200 12th Street S.
Arlington, Virginia 22202

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