FILED: ALBANY COUNTY CLERK 03/05/ :30 PM INDEX NO NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2018

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1 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY I ALBANY BASKETBALL & SPORTS CORPORATION, Plaintiff, SUMMONS -against- Index Date No. Purchased: Plaintiff Designates Albany County as Place of Trial MIGOS, MIGOS TOURING, INC., Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell C phus (Offset), JOHN DOES 1 5, whose names are presently ll unknown, /or individually as agents, servants, II or employees of musical group MIGOS Defendants. To above-named Defendants: You are here Summoned to answer Complaint in this action, to serve a copy of your Answer, or, if Complaint is not served with this Summons, to serve a Notice of Appearance, on plaintiff's attorney within twenty days after service of this Summons, exclusive of day of service (or within thirty days after service is complete if this Summons is not personally delivered to you within State of New York);, in case of your failure to appear or answer, judgment will be taken against you default for relief demed in Complaint. Dated: March 2, 2018 Law Office of Teresi 0 Little LLC William. fittle Attorney for Plaintiff 21 Colvin Avenue Albany, New York (518) (518) FAX Filed in Albany County Clerk's Office 03i05i :30:10 PM 1 of 14 Index Clerk: SP

2 1 TO: MIGOS TOURING, INC. 541 Tenth Street, NW Suite 365, Atlanta, Georgia MIGOS 541 Tenth Street, NW Suite 365, Atlanta, Georgia Quavious Keyate Marshall (Quavo) 541 Tenth Street, NW Suite 365, Atlanta, Georgia Kirshnik Khari Ball (Takeoff) 541 Tenth Street, NW Suite 365, Atlanta, Georgia Kiari Kendrell Cephus (Offset) 541 Tenth Street, NW Suite 365, Atlanta, Georgia John Does Tenth Street, NW Suite 365, Atlanta, Georgia of 14

3 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ALBANY BASKETBALL & SPORTS CORPORATION, Plaintiff, VERIFIED COMPLAINT -against- Index No.: JURY TRIAL DEMANDED MIGOS, MIGOS TOURING, INC., Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), JOHN DOES 1 5, whose names are presently individually /or as agents, servants, or employees of musical group MIGOS. unknown, Defendants. Plaintiff ALBANY BASKETBALL & SPORTS CORPORATION, its attorneys, THE LAW OFFICE OF TERESI & LTITLE, PLLC, respectfully submits following upon information belief: NATURE OF ACTION 1. This is a civil action brought to redress negligence outright reckless careless actions of defendants on evening of March 6, 2015 /or early morning hours of March 7, 2015 when defendants, negligently without any care, caused a riot at concert held at Albany Basketball & Sports 3 of 14

4 Corporation's complex (hereinafter "Washington Avenue Armory" Armory") located at 195 Washington Avenue, in City of Albany, County of Albany, State of New York. 2. The actions of defendants caused patrons to be stabbed, robbed, beaten, severely harmed, injured as defendants continued to incite a select group of individuals to continue onslaught of attacks, assaults, destruction of premises. 3. Despite severity of incident defendants were seen laughing egging crowd on as metal gates were ripped from ground thrown into crowd. 4. Plaintiff brings this action to recover damages suffered as a result of actions of defendants including, property, personal, breach of contract, economic, loss of income, loss of business furr damages to be determined. PARTIES 5. At all times relevant Plaintiff, ALBANY BASKETBALL & SPORTS CORPORATION, was at all times relevant a Domestic Business Corporation with a principal place of business located at 195 Washington Avenue, in City of Albany, County of Albany, State of New York within jurisdiction of this court. 6. At all times relevant defendant, MIGOS, was is an American Rap group composed of three rappers, known ir stage names "Quavo", "Offset", "Takeoff". 7. That upon information belief, defendant Quavious Keyate Marshall (Quavo) was at all times relevant a member of rap group MIGOS. 4 of 14

5 I FILED: ALBANY COUNTY CLERK 03/05/ :30 PM INDEX NO That upon information belief, defendant Kirshnik Khari Ball (Takeoff) was at all times relevant a member of rap group MIGOS. 9. That upon information belief, defendant Kiari Kendrell Cephus ' (Offset) was at all times relevant a member of rap group MIGOS. 10. That upon information belief, defendants John Does "1" "5" were at all times relevant agents, employees, /or servants of defendants MIGOS MIGOS TOURING, INC. were orwise authorized to act on behalf of defendants MIGOS MIGOS TOURING, INC. 11. That upon information belief, defendant MIGOS TOURING, INC. is a foreign business corporation with a principal place of business located at 541 Tenth Street, NW Suite 365, Atlanta, Georgia. FACTS 12. The plaintiff contracted with MIGOS /or MIGOS TOURING, INC. to have rap trio perform a concert at Washington Avenue Armory on or about March 7, That as part of contract, defendants agreed to engage in a meet greet with fans prior to concert wherein fans would have opportunity to meet take photographs with defendants for an additional cost. 14. That defendants agreed to appear for meet greet at Washington Avenue Armory at or around 7:30 P.M. 5 of 14

6 15. That plaintiff relied upon defendants' representation contract that defendants would appear for meet greet plaintiff collected fees charged numerous fans admission to attend meet greet. 16. That defendants failed to show for meet greet were approximately three (3) to four (4) hours late for concert. 17. That upon information belief, plaintiff were obligated to reimburse attendees who were charged for meet greet fans were extremely disappointed angered defendants actions. 18. That concert was to begin on or about 9:00 P.M. however, defendants did not arrive until close to midnight. 19. That plaintiff was required to improvise to calm tensions from an increasingly agitated crowd eager to see MIGOS perform. 20. That several times during night, prior to MIGOS' arrival, plaintiff contemplated cancelling concert as plaintiff was concerned that defendants would not attend. 21. That crowd became increasingly agitated as it appeared that defendants may not attend /or perform as agreed per contract. 22. That after several hours defendants finally appeared with an entourage that appeared intoxicated, wreaked of marijuana, reportedly under influence of or controlled substances. 23. That during defendants' performance defendants encouraged fans to fight, "give m hell" kick ass. 6 of 14

7 24. That upon information belief, members of MIGOS /or ir agents, servants, employees were seen exiting stage attacking members of crowd. 25. That rar than attempting to dissuade crowd from fighting MIGOS /or ir agents, servants, employees were heard encouraging, cheering, inciting patrons to fight. 26. That as a result of defendants' actions a brawl erupted numerous patrons were injured. 27. That as a result of fight subsequent negative media attention plaintiff, lost its liquor license, was forced to cancel several shows events, sustained significant economic damages, loss of revenue income. 28. Furr plaintiff sustained significant property damages, incurred fees expenses related to litigation nuisance violations from City of Albany. 29. That plaintiff continues to experience loss of income revenue directly related to incident in March MIGOS is a rap trio based in Atlanta, Georgia acquired group name "Migos" from association to drug trade in Georgia where term "Migos" is referred to as an aboned house used for. production or consumption of drugs. 31. The rap group has gained a reputation for violence criminal activity acting in a manner similar to March 2015 incident. 32. That on or about April 18, 2015, MIGOS were to perform at Georgia Sourn University's spring concert. 7 of 14

8 33. Upon information belief, defendants arrived one a half hours late, performed less than agreed upon time, were arrested on school grounds for possession of marijuana, possession of anor controlled substance, possession of a firearm on school grounds, possession of a firearm a convicted felon, several additional felony misdemeanor charges. 34. That upon information belief on May 2, 2015, defendant Offset, while in custody, was charged with battery inciting a riot within a penal facility after attacking anor inmate, causing that inmate severe injury. 35. That upon information belief, on or about October 2014, defendant Offset was recorded on video jumping off stage "superman punching" a fan for no apparent reason causing a brawl. 36. That MIGOS can be found on YouTube, World Star, various or social media outlets engaging in fights, inciting riots, committing crimes. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS 37. Plaintiff repeats realleges paragraphs "1" "36" incorporates same herein reference. 38. As set forth above in description of events at concert, defendants MIGOS defendants individually as agents of group MIGOS, were negligent in causing a riot. 39. That defendants MIGOS, Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), John Does 1 5, in ir actions /or omissions caused concert goers, supporters, fans to engage in 8 of 14

9 physical violence, to create a public disturbance which tumultuous violent conduct created caused grave danger of damage injury. 40. As a result of defendants actions several patrons were severely injured, property was damaged Plaintiff was damaged. 41. The defendants' speech, as set forth above, caused a riot with violence against plaintiff ors, does not constitute speech protected First Amendment to United States Constitution or any analogous provision in New York State Constitution As a result of foregoing, Plaintiff was caused to suffer property, economic, financial hardship damages. ASANDFOR A SECOND CAUSEOFACTION AGAINST DEFENDANTS NEGLIGENCF/GROSS NEGLIGENCE AND RECKLESSNESS 43. Plaintiff repeats realleges paragraphs "1" "42" incorporates same herein reference. 44. That defendants were negligent breachedthis duty ir negligent, grossly negligent /or reckless actions as set forth in complaint. 45. That upon information belief, defendants were negligent wanton, reckless, careless herein without any culpable conduct or actions of plaintiff. 46. That defendants knew or should have known that encouraging members of audience to "get em", "give m hell", or harmful words, 9 of 14

10 I se individuals would physically attack continue to attack or patrons at facility. 47. In particular rap group MIGOS can be heard negligently encouraging crowd members to fight engage in violent vicious behavior. 48. That defendant was negligent, wanton, reckless, careless, grossly negligent. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS BREACH OF CONTRACT 49. Plaintiff repeats realleges paragraphs "1" "48" incorporates same herein reference. 50. That on or about January 7, 2015 plaintiff defendants entered into "Artist Engagement Agreement". 51. That at all times relevant, plaintiff complied with all provisions of contract. 52. That defendants agreed to comply with contract in good faith not engage in any actions or behaviors that would be in violation of contract. 53. That upon information belief, defendants breached contract. 54. That as a result of defendants breach of contract plaintiff sustained economic property damages. AS AND FOR A FOURTH CAUSE OF ACTION VICARIOUS LIABILITY 55. Plaintiff repeat realleges paragraphs. "1" "54" incorporates same herein reference. 10 of 14

11 56. That at all times relevant to claims set forth above, defendants Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), JOHN DOES 1 5, whose names are presently unknown, were acting as agents, servants, /or employees of defendants MIGOS MIGOS TOURING, INC. 57. That defendants MIGOS MIGOS TOURING, INC. are liable under a ory of respondeat superior or is orwise vicariously liable for actions /or omissions of defendants Quavious Keyate Marshall (Quavo), Kirshnik Khari Ball (Takeoff), Kiari Kendrell Cephus (Offset), mselves ir agents John Does 1 5 on subject date. 58. That defendants should have known based on prior actions of defendants that when y screamed "give m hell" or inciteful language it was reasonable to foresee that a riot would occur cause injuries to patrons, economic damages, loss of income, revenue, substantial costs. AS AND FOR A FIFTH CAUSE OF ACTION FOR PUNITIVE DAMAGES 59. Plaintiff repeats realleges paragraphs "1" "58" incorporates same herein reference. 60. Defendants' conduct as alleged herein was wanton, intentional, criminal, malicious, in reckless disregard for rights safety of Plaintiff. 61. Defendants' conduct as alleged herein was of a highly immoral debased character that reflects utter disregard for laws, norms, rules of society rights of plaintiff in particular. 11 of 14

12 62. By reason of foregoing, defendant is liable to Plaintiff for punitive damages in an amount to be determined at trial. AS AND FOR A SIXTH CAUSE OF ACTION NEGLIGENT SUPERVISION 63. Plaintiff repeats realleges paragraphs "1" "62" incorporates same herein reference. 64. The above-described acts were due to negligence, recklessness, /or carelessness of defendant, MIGOS TOURING, INC., in failing to supervise its agents, servants, /or employees, who were placed in ir charge. 65. As a result of defendants MIGOS TOURING, INC.'s failure to fulfill its obligation to supervise its agents, servants, /or employees, all of whom were placed in ir charge, plaintiff sustained damages. 66. The damages sustained plaintiff as a result of negligence, recklessness, /or carelessness of defendant MIGOS TOURING, INC., were foreseeable MIGOS TOURING, INC., its agents, servants, /or employees knew or should have known of risks given defendants' prior actions. AS AND FOUR A SEVENTH CAUSE OF ACTION NEGLIGENT SUPERVISION OF EMPLOYEES 67. Plaintiff repeats realleges paragraphs "1" "66" incorporates same herein reference. 68. Defendants, its agents, servants, /or employees were reckless, careless, negligent in ir supervision of those employees, servants, /or agents in that to its agents, servants, /or employees lacked experience, knowledge, ability 12 of 14

13 be employed defendants in that defendants failed to exercise due care in supervising its employees. 69. The above-described occurrences, including resulting riot were caused reason of negligent supervision defendants, of ir agents, servants, /or employees. 70. Due to negligent supervision on part of defendants, its agents, servants, /or employees, plaintiff sustained damages. DEMAND FOR RELIEF follows: WHEREFORE, Plaintiff dems judgment against Defendants as a) As for causes of action enumerated above, Plaintiff dems judgment against Defendants in an amount to be determined a jury, plus interest; b) Toger with punitive at trial; exemplary damages in an amount to be determined c) Costs, disbursements attorney's fees; d) Such or furr relief as this Court may deem just proper. Dated: March 2, 2018 LAW OFFICE OF TERESI & LI E, PLLC. By: WILEAM T. FI'TTLE, Esq. Attorneys for plaintiffs. 21 Colvin Avenue Albany, New York Telephone No.: (518) Fax No.: (518) of 14

14 VERIFICATION STATE OF NEW YORK ) ) ss: ALBANY' COUNTY OF ALBANY ) undei. of: MICHAEL CORTS being duly sworn, deposes says under penalties of perjury:,deponent'has has read foregoing VERIFIED COMPLAINT knows contents reof; same is true to deponent's own knowledge, except as to matters rein stated to be alleged on information belief; that as to those matters, deponent believes it to be true. M' M hael Corts Sworn to before me this day of Mw¼ NOTARY PUBLI. STATE OF NEW YORK William Little Notary Public State of NewYork NO.02L Qualified in Albany County Commission Bxpire5~6/1 7/20'~ I I 1I 14 of 14