FILED: NEW YORK COUNTY CLERK 08/12/2015 08:45 AM INDEX NO. 158311/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X LAURA GIBSON-RIMER, JACQUELYN SUN, : Index No. and MATT WIMSATT, : : Plaintiffs, : COMPLAINT : -against- : PLAINTIFFS DEMAND : TRIAL BY JURY ANATOMICAL TRAVELOGUE, LLC d/b/a : TheVISUALMD, ANATOMICAL TRAVELOGUE, : Inc., ALEXANDER TSIARAS, JOHN BENIS, : ROSS RIVIERE, and NANCY TOWBIN, : : Defendants. : ------------------------------------------------------------------X Plaintiffs, Laura Gibson-Rimer, Jacquelyn Sun, and Matt Wimsatt, by their attorneys, Law Office of Andrea Paparella, PLLC, for their Complaint against Anatomical Travelogue, LLC d/b/a TheVisualMD and Anatomical Travelogue, Inc., (collectively referred to as Anatomical ), and Alexander Tsiaras, John Benis, Ross Riviere, and Nancy Towbin alleges as follows: THE PARTIES 1. Anatomical is a covered employer within the meaning of the New York Labor Law 190 et seq. ( NYLL ). At all relevant times, Anatomical was legally responsible for the violations of the NYLL alleged herein. 2. Anatomical has offices in New York, New York. 3. Plaintiff Laura Gibson-Rimer was employed by Anatomical as the Director of 3D Productions at Anatomical from approximately 2005 until April 30, 2015. 4. Gibson-Rimer was a covered employee within the meaning of the NYLL.
5. Plaintiff Jacquelyn Sun was employed by Anatomical as the Senior Art Director at Anatomical from approximately 2004 until April 30, 2015. 6. Sun was a covered employee within the meaning of the NYLL. 7. Plaintiff Matt Wimsatt was employed by Anatomical as the Director of Volumetric Production at Anatomical from approximately 2004 to April 30, 2015. 8. Wimsatt was a covered employee within the meaning of the NYLL. 9. Upon information and belief, Alexander Tsiaras lives in Brooklyn, New York. Tsiaras is Anatomical s Chief Executive Officer/founder/controlling shareholder. Tsiaras has the power to set wages and control the terms and conditions of Plaintiffs employment, and is a covered employer within the meaning of the NYLL. At all relevant times, Tsiaras was legally responsible for Anatomical s alleged violations of the NYLL. 10. Upon information and belief, John Benis lives in New York, New York. Benis is a minority shareholder of Anatomical. Benis is a covered employer within the meaning of the NYLL. At all relevant times, Benis was legally responsible for Anatomical s alleged violations of the NYLL. 11. Upon information and belief, Ross Riviere lives in New York, New York. Riviere Anatomical s Chief Financial Officer. Riviere is a covered employer within the meaning of the NYLL. At all relevant times, Riviere was legally responsible for Anatomical s alleged violations of the NYLL. 12. Upon information and belief, Nancy Towbin lives in New Canaan, Connecticut. Towbin is the President and a minority shareholder of Anatomical. Towbin had the power to set wages and control the terms and conditions of Plaintiffs employment, 2
and is a covered employer within the meaning of the NYLL. At all relevant times, Towbin was legally responsible Anatomical s alleged violations of the NYLL. 13. On information and belief, Defendants were the alter egos of each other and had such unity of interest and ownership with each other such that their continued treatment as separate persons or entities would be unjust. On information and belief, Defendants were the agents, principals, employees, managers, directors and/or officers, and/or were acting on behalf of each other, such that the actions of each Defendants should be imputed to each other. THE NATURE OF THE ACTION 14. Plaintiffs bring this action under the New York Labor Law 190 et seq. Specifically, Plaintiffs worked full time as salaried employees and Anatomical, Alexander Tsiaras, John Benis, Ross Riviere, and Nancy Towbin did not compensate Plaintiffs at all from approximately February 2015 to April 30, 2015. STATEMENT OF FACTS 15. Plaintiffs were Defendants employees who worked full time at an agreed upon salary from approximately February 2015 to April 30, 2015. 16. Gibson-Rimer worked full time from approximately February 1, 2015 to April 30, 2015. In return for her work, Defendants had agreed to pay Gibson-Rimer an annual salary of $100,000.00, paid in bi-monthly installments on the fifteenth day and the last day of every month. 3
17. Defendants failed to pay Gibson-Rimer any wages for the work she performed from approximately February 1, 2015 to April 30, 2015, specifically, Defendants failed to pay Gibson-Rimer for the work she performed from: a. February 1, 2015 to February 15, 2015; b. February 16, 2015 to February 28, 2015; c. March 1, 2015 to March 15, 2015; d. March 16, 2015 to March 31, 2015; e. April 1, 2015 to April 15, 2015; and f. April 16, 2015 to April 30, 2015. 18. Sun worked full time from approximately February 23, 2015 to April 30, 2015. In return for her work, Defendants had agreed to pay Sun an annual salary of $95,000.00, paid in bi-monthly installments on the fifteenth day and the last day of every month. 19. Defendants failed to pay Sun any wages for the work she performed from approximately February 23, 2015 to April 30, 2015, specifically, Defendants failed to pay Sun for the work she performed from: 4
a. February 23, 2015 to February 28, 2015; b. March 1, 2015 to March 15, 2015; c. March 16, 2015 to March 31, 2015; d. April 1, 2015 to April 15, 2015; and e. April 16, 2015 to April 30, 2015. 20. Wimsatt worked full time from approximately February 1, 2015 to April 30, 2015. In return for his work, Defendants had agreed to pay Wimsatt an annual salary of $121,000.00, paid in bi-monthly installments on the fifteenth day and the last day of every month. 21. Defendants failed to pay Wimsatt any wages for the work he performed from approximately February 1, 2015 to April 30, 2015, specifically, Defendants failed to pay Wimsatt for the work he performed from: a. February 1, 2015 to February 15, 2015; b. February 16, 2015 to February 28, 2015; 5
c. March 1, 2015 to March 15, 2015; d. March 16, 2015 to March 31, 2015; e. April 1, 2015 to April 15, 2015; and f. April 16, 2015 to April 30, 2015. 22. From approximately February 2015 to April 30, 2015, Defendants maintained control, oversight, and direction over Plaintiffs. 23. From approximately February 2015 to April 30, 2015, Defendants failed to pay Plaintiffs any wages for their work. 24. Defendants benefited from Plaintiffs work. 25. Defendants received an immediate advantage from Plaintiffs work. 26. At all times material to this action, Plaintiffs were employees of Defendants as defined by the applicable law, and worked for Defendants. 27. Defendants actions in failing to adequately compensate Plaintiffs were willful and Defendants were aware of the obligation to pay employees according to State law. FIRST CAUSE OF ACTION (Violation Of The New York Labor Law) 28. Plaintiffs repeat and reallege all of the allegations contained herein, as if separately alleged. 6
29. Defendants violated the New York Labor Law by depriving employees owed compensation. 30. As a result of Defendants violations of the New York Labor Law, Plaintiffs have suffered damages by failing to receive their lawful wages during the time periods mentioned herein above. Additionally, Plaintiffs are entitled to statutory damages, liquidated damages, prejudgment interest, and attorney s fees. 31. By Defendant s knowing or intentional failure to pay Plaintiffs wages for all of the hours worked, Defendants have willfully violated the NYLL Art. 19 650 et seq. and the supporting New York State Department of Labor regulations. 32. Defendants actions in failing to compensate the Plaintiffs in accordance with NYLL were not in good faith. SECOND CAUSE OF ACTION (Breach of Contract) 33. Plaintiffs repeat and reallege all of the allegations contained herein, as if separately alleged. 34. On information and belief, Anatomical and Plaintiffs entered into an employment contract wherein Anatomical would compensate Plaintiffs in accordance with the NYLL in consideration of work product benefiting Anatomical. 35. Approximately February 2015, through April 30, 2015, Anatomical breached the above mentioned contract by failing to compensate Plaintiffs for work product produced by Plaintiffs during the relevant time period. 7
36. Plaintiffs suffered damages by failing to receive their contracted compensation owed to them by Anatomical during the herein above mentioned timed period. THIRD CAUSE OF ACTION (Quantum Meruit) 37. Plaintiffs repeat and reallege all of the allegations contained herein, as if separately alleged. 38. Plaintiffs produced work product from approximately February 2015, through April 30, 2015, in good faith; Plaintiffs were not compensated during this time. 39. Anatomical accepted the services and work product of Plaintiffs during the same time period. 40. Plaintiffs had a reasonable expectation of compensation for their services during the relevant time period. 41. Plaintiffs suffered damages in failing to receive the compensation during the herein above mentioned time period. 42. Plaintiffs should be compensated by Anatomical for the above work product as the law allows. FOURTH CAUSE OF ACTION (Unjust Enrichment) 43. Plaintiffs repeat and reallege all of the allegations contained herein, as if separately alleged. 8
44. On information and belief, Anatomical has been unjustly enriched by benefiting from Plaintiffs work product produced during the time period of approximately February 2015 through April 30, 2015, and not compensating Plaintiffs for such product. Anatomical benefitted from Plaintiffs work product by being able to fulfill contracts with third parties, such contract would not have been filled without Plaintiffs work. 45. During the above mentioned time period, Plaintiffs produced work product solely for the benefit of Anatomical at the expense of themselves. 46. To date, Plaintiffs have not been compensated for such work product. 47. Anatomical has been unjustly enriched by obtaining any and all benefits from the Plaintiffs uncompensated work product and equity and good conscious require restitution. FIFTH CAUSE OF ACTION (Promissory Estoppel) 48. Plaintiffs repeat and reallege all of the allegations contained herein, as if separately alleged. 49. Anatomical should be estopped from failing to fulfill a promise made to Plaintiffs because Plaintiffs changed their position substantially by acting in reliance upon said promise. 50. Anatomical made a clear and unambiguous promise to Plaintiffs that they would be compensated for Plaintiffs work product to be used for the benefit of Anatomical. 9
51. It was reasonable and foreseeable that Plaintiffs would rely on the hereinabove promise during the relevant time period by producing work product for Anatomical. 52. Plaintiffs have suffered a substantial detriment by failing to be compensated for the herein above mentioned time period. WHEREFORE, Plaintiffs pray that this Court grant judgment to them containing the following relief: A. Unpaid wages; B. Unpaid compensation for work product for the benefit of Defendants; C. Liquidated and statutory damages as permitted by law; D. Pre-judgment and Post-judgment interest; E. Reasonable attorneys fees and costs of the action; and F. Such other relief as this Court shall deems proper. Dated: New York, New York August 12, 2015 Law Office of Andrea Paparella, PLLC By: Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304 Telephone: (212) 675-2523 Facsimile: (914) 462-3287 Email: ap@andreapaparella.com sk@andreapaparella.com 10
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MATT WIMSATT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANATOMICAL TRAVELOGUE, LLC d/b/a TheVISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALE)(ANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant Anatomical Travelogue, LLC d/b/a The VisualMD You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear answer, or judgment will be taken against you by default for the relief demanded in this complaint. Dated, August 12, 2015 Defendant's address: Anatomical Travelogue, LLC d/b/a The VisualMD 174 Hudson Street New York, New York 11232 Law Office of Andrea Paparella, PLLC By: Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304
. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MA TT WIMS A TT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANATOMICAL TRAVELOGUE, LLC d/b/a TheVISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALE)(ANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant Anatomical Travelogue, Inc. You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 3 0 days after the service is complete if this 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 this complaint. Dated, August 12, 2015 Defendant's address: Anatomical Travelogue, Inc. 174 Hudson Street New York, New York 11232 Law 0Jffic :, = ella, PLL By: -, An dr - e a M.Pā- pa re - l - la - Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MATT WIMSATT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANA TOMI CAL TRAVELOGUE, LLC d/b/a The VISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALE)(ANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant Alexander Tsiaras You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this 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 this complaint. Dated, August 12, 2015 Defendant's address: Mr. Alexander Tsiaras 1057 1 Main Street Apt. #2C Brooklyn, New York 11201 Law Office of Andrea Paparella, PLLC By:/d Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MA TT WIMS A TT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANATOMICAL TRAVELOGUE, LLC d/b/a TheVISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALE)(ANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant John Benis You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this 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 this complaint. Dated, August 12, 2015 Defendant's address: Mr. John Benis 174 Hudson Street New York, New York 11232 Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MA TT WIMSATT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANA TOMI CAL TRAVELOGUE, LLC d/b/a TheVISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALE)(ANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant Ross Riviere You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this 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 this complaint. Dated, August 12, 2015 Defendant's address: Mr. Ross Riviere 174 Hudson Street New York, New York 11232 Law Office of Andrea Paparella, PLLC By: Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURA GIBSON-RIMER, JACQUELYN SUN, and MATT WIMSATT, Index No. Date Purchased -against- Plaintiffs, Plaintiffs designate New York County as the place of trial ANATOMICAL TRAVELOGUE, LLC d/b/a TheVISUALMD, ANATOMICAL TRAVELOGUE, Inc., ALEXANDER TSIARAS, JOHN BENIS, ROSS RIVIERE, and NANCY TOWBIN, Defendants. SUMMONS The basis of venue is CPLR 503(c) Anatomical Travelogue, LLC resides in New York County Plaintiffs reside at 45 14th Street Apt. #2C, Brooklyn, New York 11215, 63 Hancock Street Apt. #1, Brooklyn, New York 11216, and 255 79th Street Apt. #A9, Brooklyn, New York 11209 County of Kings To the above named Defendant Nancy Towbin You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this 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 this complaint. Dated, August 12, 2015 Defendant's address: Ms. Nancy Towbin 123 Hemlock Hill Road New Canaan, Connecticut 06840 :: OdaP Andrea M. Paparella Siobhan Klassen 150 West 28th Street, Suite 1603 New York, New York 10001-5304