Nature of The Action

Case 2:18-cv-04114-ADS-GRB Document 1 Filed 07/19/18 Page 1 of 25 PageID #: 1
UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF NEW YORK
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SIDNEY PRICE and RICHARD PRICE,
Index No. ___________

Plaintiffs,
v. COMPLAINT
JURY TRIAL DEMANDED

PARAMOUNT TELEVISION, a division of
PARAMOUNT PICTURES CORPORATION,
Defendant.
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Plaintiffs, Sidney Price and Richard Price (collectively, “Plaintiffs”), by and through their
undersigned counsel, hereby complain of the Defendant, Paramount Television, a division of
Paramount Pictures Corporation (“Paramount” or “Defendant”), alleging as follows:
NATURE OF THE ACTION
1. This is an action for damages incurred by the unlawful acts of Paramount, arising
under contract and tort law, during the course of its filming of the upcoming television series
(“Maniac”) at Sidney Price’s residence in Valley Stream, New York.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to 28 U.S.C. § 1332 because the parties are
diverse and the amount in controversy exceeds $75,000, exclusive of interest and costs.
3. Venue is proper pursuant to 28 U.S.C. § 1391 because a substantial part of the
events or omissions giving rise to the claim occurred in this district.
THE PARTIES
4. Plaintiff Sidney Price, age 92, is an attorney and CPA residing at 729 Sherwood
Street, Valley Stream, New York 11581 (the “Residence”). He is a World War II veteran who
flew forty-four combat missions as a Tail Gunner on a B-24 against Japan over the South Pacific.
1
5. Plaintiff Richard Price is a CPA residing at 930 Jewel Drive, Valley Stream, New
York 11581. Richard Price is the son of Sidney Price. Richard and Sidney Price own Price &
Co., an accounting, auditing, consulting, and tax firm, which maintains its office on the basement
level of the Residence. Price & Co. maintains a website at www.price-co.com. Richard Price
also runs a memorabilia business headquartered at the Residence and he stores its merchandise
on the main level and second floor of the Residence.
6. Defendant Paramount is a Delaware Corporation with its principal place of business
at 5555 Melrose Avenue, Los Angeles, California 90038.
FACTUAL ALLEGATIONS
7. In June 2017, a flyer was left at the Residence, stating that Paramount Pictures was
scouting locations for an upcoming Netflix series entitled “Maniac” that would be starring Emma
Stone and Jonah Hill.
8. Richard Price responded to the flyer, notifying Paramount that Sidney Price was
interested in contracting with Paramount for filming at the Residence.
9. Thereafter, in or about mid-June, various persons from Paramount came to inspect
the Residence, approximately three times. These persons took numerous photographs of the
Residence.
The Location Agreement
10. On or about September 11, 2017, Sidney Price (the “Licensor”) entered into a
contract with Paramount (the “Company”), effective September 11, 2017 (“Location
Agreement”), permitting Paramount certain filming rights regarding Maniac. A copy of the
Location Agreement is attached hereto as Exhibit A
11. Paragraph 1 of the Location Agreement granted Paramount the right “to enter and
use only the first floor” of the Residence. It stated in relevant part as follows:
2
1. Rights Granted: Licensor [Sidney Price] hereby grants to Company, its

employees, agents, contractors and suppliers, and such other parties as it may
authorize or designate, the right to enter and use only the first floor of the property
located at 729 Sherwood St., Valley Stream, NY 11581 (the “Property”) for the
purpose of photographing and filming (whether via motion pictures, still, video,
device or other type of photography scenes of the Production, which permission
includes access to and from the Property, including the interiors and exteriors
thereof, the right to bring and utilize thereon personnel, personal property, material
and equipment, the right to photograph and make sound recordings on the Property,
town) including the furniture, fixtures and other contents (and the right to rearrange
same), the right to use any names verbiage, address, trademarks, logos, signs and
identifying features located on the Property, the right to refer to the Property or any
part thereof by any fictitious name and/or to attribute any fictitious events as
occurring thereon, and the right to otherwise do all things reasonably necessary to
carry out the production of the Production. . . . (emphasis added).
12. The Term of the Location Agreement was for ten days, commencing on or about
September 12, 2017 and ending on or about Thursday September 21, 2017.
13. The Term called for approximately (i) four “prep” days; (ii) one “shoot” day; and
(iii) three “wrap” days, subject to change as required by Paramount.
14. The agreed Location fee was for a flat sum of $15,500, which was calculated as
follows: (i) four “prep” days at $1500 each; (ii) one “shoot” day at $5000; and (iii) three “wrap
days at $1500 each.
15. Paragraph 5 of the Location Agreement stated as follows:
Use and Repairs: Company agrees to leave the Property in as good order as when
received by Company, reasonable wear and tear excepted. Licensor shall submit a
written list notifying Company of all claimed damage to the Property within ten
(10) business days following the date that Company vacates the Property, and
Licensor shall permit Company to inspect the alleged damage, if any. Provided
that Company timely receives a written list of claimed damage and is afforded an
opportunity to inspect same, Company shall repair any actual and verifiable damage
to the Property directly caused by Company’s use thereof (or shall arrange for the
repairs to be made by contractors selected by the Company), provided, however,
that Company shall not be obligated to repair any damage to the Property caused
by or contributed to by Licensor. Company agrees to not smoke inside of the
Property.
3
The Work Notes
16. Following completion of filming, Richard Price found “Work Notes” at the
Residence, which were dated August 2, 2017. A copy of these “Work Notes” is attached hereto
as Exhibit B.
17. These Work Notes, which were written before the Location Agreement was
executed, called for work that far exceeded the Rights Granted clause (Paragraph 1) of the
Location Agreement, including:
• extend the kitchen island;
• remove window for camera access;
• change/fix front door hardware;
• fix existing front door trim;
• paint to match counter top finish;
• paint to match wood stain on counters; and
• paint to tie in new patch of sidewalk concrete to existing
18. The Work Notes called for changes to the outside shrubbery that exceeded the scope
of the Location Agreement, including:
• remove existing tall bushes in front of house; and
• add 16’-0” of 12’-0” high arborvitaes.
19. As is discussed below, Paramount carried out many of the details described in these
Work Notes, even though they contradicted the Location Agreement.
20. On the day before Paramount’s access began, Richard Price, met with the Producer
of Maniac, Christina Jami Alvarado (“Alvarado”), to confirm the details.
4
21. At the meeting, Alvarado assured Richard Price that filming would be limited the
living room, dining room, and kitchen, and no other rooms.
22. Moreover, Alvarado assured Richard Price that access would be limited only to the
first floor.
23. On September 12, 2018, the first day of Paramount’s access, it began to pack up
Plaintiffs’ belongings into boxes, and then to load them on a truck.
24. Richard Price demanded that nothing should be loaded on a truck.
25. A worker at the Residence said, “We’re Netflix. We can do what we want.”
26. Richard Price spoke to the police officer who was securing the area, asking for
intervention.
27. The police officer told Richard Price to make a report at the police station.
28. Richard Price went to the police station in Hewlett New York, whereby a police
officer told him his issue with Paramount was a contractual dispute that did not require police
intervention.
Paramount’s Unlawful Acts
29. As described below, throughout the course of its access to the Residence,
Paramount breached the Location Agreement in multiple ways.
30. Paramount also acted negligently and with willful disregard to Plaintiffs’ rights.
31. Paramount completely disregarded the scope of the agreement, which was limited
to use of “only the first floor.”
32. Paramount also took unauthorized footage of the front and side lawns, front porch,
and driveway, with approximately eight actors, three automobiles, and a boat used for outside
filming.
33. At no time did Plaintiffs permit such footage to be filmed or used.
5
34. Paramount also went on to the staircase and the second floor of the home, even
though it was barricaded by large boxes.
35. These boxes, measuring 25” by 25” by 25”, contained valuable memorabilia, which
was to be sold through Richard Price’s memorabilia business.
36. Paramount recklessly threw these boxes aside in order to access the second floor.
37. Their recklessness caused glass contents inside the boxes to break; cardboard items
to bend and rip; and other memorabilia items such as posters, footballs, basketballs, baseballs,
and guitars, to be damaged. Each of these items contained autographs from famous persons.
38. As an example, various posters signed by Harrison Ford were damaged (with an
undamaged value of $1500 each).
39. Paramount also accessed and boxed up contents of the 2-car garage, loading them
onto a truck. Paramount ultimately cleared out most of the garage, which had stored items from
floor to ceiling, throughout the entire 2-car space.
40. At no time did Plaintiffs permit access to the garage.
41. Nor did they ever permit property to be placed on a truck.
42. Paramount has lost between twenty to thirty boxes that were placed on three trucks.
43. Among the missing items are:
• Photos of Sidney Price’s parents, aunts, uncles, and other family members,
some of whom were Holocaust survivors. Such photos depicted numbers
branded onto their arms by the Nazis while imprisoned in a concentration
camp. Sidney Price now has no such photos to pass down to his grandchildren.
• Other photos of deceased family members. Sidney Price now has no photos
of certain of his loved ones.
• Plaintiffs’ wedding photos.
6
• Pictures of Sidney Price and his late wife Lillian Price when they first met
more than sixty years ago.
• Sidney Price’s grandchildren’s Bar and Bat Mitzvah videos and photos.
• Pictures of Sidney Price’s grandchildren taken over a twenty-year period at
family events, vacations, school graduations, etc.
• Wall photos of Lillian Price.
• A piece of art removed from the wall.
• A chair from the living room.
• Valuable china and other household belongings.
44. Paramount also removed numerous outdoor bushes measuring 8-10 feet in height,
and 15 feet wide. These bushes were sixty years old.
45. The bushes were not only beautiful, but also blocked the view from the street to the
porch. Thus, they sheltered memorabilia deliveries from a street view.
46. Paramount removed these bushes despite protests from Richard Price.
47. Although Paramount later planted new bushes as replacements, the replacement
bushes are only 3 feet tall. They are unsightly and do not provide the privacy and security that
the tall bushes provided.
48. The replacements were planted by an unlicensed landscaper.
49. Paramount failed properly to remove the roots from the prior bushes. As a result,
the new bushes are not growing well.
50. Moreover, on September 15, 2017, Paramount engaged an unlicensed contractor to
begin removing windows from the Residence.
51. Richard Price placed his body in front of the window to prevent their removal.
7
52. He remained there for hours, as different persons strongly tried to convince him to
let Paramount remove the windows.
53. That evening, which was a Friday night, Ryan Smith phoned Richard Price at
approximately 7:30pm, engaging with him in a heated exchange for approximately 30 minutes
regarding window removal.
54. Richard Price said the windows could not be removed.
55. Nonetheless, Ryan Smith insisted that the windows would be removed at 5am the
following Monday morning.
56. Richard Price experienced significant stress as a result.
57. He was rushed to the hospital with chest pain, and suffered from a mild heart attack.
He had never before had any heart problems.
58. Although Richard Price was not discharged from the hospital, he left to ensure that
the windows would not be removed.
59. When he arrived at the Residence, on Monday morning, he was informed that the
windows did not need to be removed.
60. Paramount also caused damaged to the Residence’s concrete steps when it brought
in a large air conditioning unit.
61. It also broke the back fence so as to make room for the unit.
62. Sidney Price timely presented Paramount with itemized damages including the ones
specified above. A copy of his September 29, 2017 letter is attached hereto as Exhibit C.
63. In response, Paramount hired unlicensed contractors to make certain repairs to the
Residence, including electrical repairs, sprinkler repairs and concrete repairs.
64. Plaintiffs did not consent to the use of unlicensed contractors.
8
FIRST CAUSE OF ACTION

Breach of Contract
65. Plaintiffs repeat and reallege all prior paragraphs of this Complaint as if fully set
forth herein.
66. Sidney Price had a written contract with Paramount.
67. Paramount breached the contract by exceeding the scope of access and use.
68. Paramount impermissibly filmed footage on the exterior of the home.
69. Paramount also impermissibly accessed the garage and second floor of the home,
recklessly destroying valuable items.
70. It also loaded furniture, artwork, and boxes from the first floor and garage and
loaded them onto three trucks.
71. Such items were ultimately lost.
72. Moreover, it removed bushes and caused the other damage specified above.
73. Paramount’s breach of contract has caused extensive damages to Plaintiffs.
74. Wherefore, Plaintiffs are entitled to compensatory damages for Paramount’s breach
of contract.
SECOND CAUSE OF ACTION

Unjust Enrichment
forth herein.
76. Upon information and belief, Paramount intends to use footage of the outside of the
Residence, rights to which it did not obtain through contract.
77. Paramount’s use of such footage will work a windfall to it at the expense of Sidney
Price.
78. Accordingly, Paramount is liable to Sidney Price for unjust enrichment.
9
THIRD CAUSE OF ACTION

Trespass to Chattels
forth herein.
80. Paramount has caused damage to Plaintiffs’ personal property, as described above,
by way of intentionally interfering with it, depriving Plaintiffs their rights of use and possession,
and thus causing damages to Plaintiffs.
81. Accordingly, Paramount is liable to Plaintiffs for trespass to chattels.
FOURTH CAUSE OF ACTION

Conversion
82. Plaintiffs repeat and reallege all prior paragraphs as if fully set forth herein.
83. In addition to the trespass to chattels as described above, certain of Plaintiffs’
personal property, as described above, is completely missing and/or destroyed.
84. Accordingly, Paramount is liable to Plaintiffs for conversion.
FIFTH CAUSE OF ACTION

Intentional Infliction of Emotional Distress
86. Defendants’ conduct was extreme and outrageous.
87. The conduct was intended to cause severe emotional distress.
88. A causal connection exits between the conduct and Plaintiffs’ injuries.
89. Plaintiffs have suffered severe emotional distress, mental anguish, humiliation,
emotional pain, physical pain and suffering, convenience, loss of enjoyment of life, and medical
expenses.
90. Accordingly, Plaintiffs are entitled to compensatory, and punitive damages, as well
as and attorney’s fees and costs.
10
SIXTH CAUSE OF ACTION

Negligent Infliction of Emotional Distress
92. Defendants’ conduct was extreme and outrageous.
93. A causal connection exits between the conduct and Plaintiffs’ injuries.
94. Plaintiffs have suffered severe emotional distress, mental anguish, humiliation,
emotional pain, physical pain and suffering, convenience, loss of enjoyment of life, and medical
expenses.
SEVERNTH CAUSE OF ACTION

Negligence
96. By the acts specified above, Paramount has committed acts of negligence, gross
negligence, and willful misconduct.
97. Paramount owed a duty of care to the Plaintiffs when it entered the Residence.
98. Paramount breached that duty, causing resulting harm that was the proximate cause
of Plaintiffs’ damages.
99. Accordingly, Plaintiffs are entitled to compensatory, and punitive damages, as well
as and attorney’s fees and costs.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs request the following relief:
a. Compensatory damages in an amount to be proven at trial;
b. Punitive damages;
c. Attorney’s fees and costs;
d. Pre-judgment and post-judgment interest; and
e. All other relief that the Court deems just and proper.
11
Respectfully submitted:
Dated: July 19, 2018

Great Neck, NY
RACHEL SCHULMAN, ESQ. PLLC
By: /s/ Rachel Schulman

10 Bond Street, Suite 143
Great Neck, NY 11021
(917) 270-7132
[email protected]
Attorney for Plaintiffs
12
EXHIBIT A
due Licensor, provided that there is no increase in the total number of days of the Term. If
additional days are necessary before or after the dates of the Term (which additional days need
not be consecutive to the Term), Licensor agrees to make the Property available to Company at
a mutually agreeable time (which shall not be delayed or unreasonably withheld) in return for
additional payment at the same rate(s) set forth below. Company may at any time prior to
commencement of the Term elect not to use the Property, in which case neither party shall have
any further obligations hereunder.
4. Location Fee: In full consideration for use of the Property, Company will pay to Licensor
the following daily rates for each such day that Company actually uses the Property during the
Term, if and as applicable {collectively, the "Location Fee"):
(i) One Thousand Five Hundred Dollars ($1,500.00) for each "prep" day;
(ii) Five Thousand Dollars ($5,000.00) for each "shoot" day; and
(iii) One Thousand Five Hundred Dollars ($1,500.00) for each "wrap" day.
Cumulatively, the Location Fee shall equal the flat sum of Fifteen Thousand Five Hundred Dollars
($15,500.00) in total, which shall be non-refundable.
Unless the parties agree otherwise in writing, the Location Fee will be payable promptly upon
Company's arrival at the Property on September 12, 2017. Licensor acknowledges and confirms
that the Location Fee constitutes adequate and sufficient consideration for any inconvenience
that may be caused by Company's photography and/or filming of a television production on and
around the Property and surrounding area.
5. Use and Repairs: Company agrees to leave the Property in as good order as when
received by Company, reasonable wear and tear excepted. Licensor shall submit a written list
notifying Company of all claimed damage to the Property within ten (10) business days following
the date that Company vacates the Property, and Licensor shall permit Company to inspect the
alleged damage, if any. Provided that Company timely receives a written list of claimed ·damage
and is afforded an opportunity to inspect same, Company shall repair any actual and verifiable
damage to the Property directly caused by Company's use thereof (or shall arrange for the rep�irs
to be made by contractors selected by Company), provided, however, that Company shall not be
obligated to repair any damage to the Property caused by or contributed to by Licensor. Company
agrees to not smoke inside of the Property.
6. Licensor Representations and Warranties: Licensor represents and warrants that

Licensor is the owner ( or the authorized agent of the owner) of the Property and has the full right
and authority to enter into this Agreement, and that the consent of no other party is necessary to
effectuate the full and complete permissions and grant of rights made by Licensor herein.
Additionally, Licensor represents and warrants that the Property is in good working condition and
has been properly maintained in accordance with all applicable laws and ordinances and all safety
and other regulations.
7. Company Insurance: Company agrees that Licensor shall be named as an additional

insured on Company's Commercial General Liability Insurance, which Company represents has
limits of liability of not less than $1,000,000 per occurrence, with respect to claims that arise out
of Company's negligence or willful misconduct, and shall provide Licensor a Certificate of
Insurance for such policy upon execution of this Agreement.
Page 2 of3
Prlce_LOCATION AGREEMENT TV (DAILY RATES • SHORT FORM)_RONALD_v1 .0_cln_ad.docx
EXHIBIT B
EXHIBIT C

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Case 2:18-cv-04114-ADS-GRB Document 1 Filed 07/19/18 Page 1 of 25 PageID #: 1

UNITED STATES DISTRICT COURT FOR THE

Index No. ___________

JURY TRIAL DEMANDED

undersigned counsel, hereby complain of the Defendant, Paramount Television, a division of

Paramount Pictures Corporation (“Paramount” or “Defendant”), alleging as follows:

NATURE OF THE ACTION

(“Maniac”) at Sidney Price’s residence in Valley Stream, New York.

JURISDICTION AND VENUE

3. Venue is proper pursuant to 28 U.S.C. § 1391 because a substantial part of the

events or omissions giving rise to the claim occurred in this district.

on the main level and second floor of the Residence.

6. Defendant Paramount is a Delaware Corporation with its principal place of business

at 5555 Melrose Avenue, Los Angeles, California 90038.

Stone and Jonah Hill.

interested in contracting with Paramount for filming at the Residence.

9. Thereafter, in or about mid-June, various persons from Paramount came to inspect

The Location Agreement

Location Agreement is attached hereto as Exhibit A

1. Rights Granted: Licensor [Sidney Price] hereby grants to Company, its

(iii) three “wrap” days, subject to change as required by Paramount.

days at $1500 each.

15. Paragraph 5 of the Location Agreement stated as follows:

The Work Notes

Location Agreement, including:

• extend the kitchen island;

• remove window for camera access;

• change/fix front door hardware;

• fix existing front door trim;

• paint to match counter top finish;

• paint to match wood stain on counters; and

• paint to tie in new patch of sidewalk concrete to existing

of the Location Agreement, including:

• remove existing tall bushes in front of house; and

• add 16’-0” of 12’-0” high arborvitaes.

Work Notes, even though they contradicted the Location Agreement.

of Maniac, Christina Jami Alvarado (“Alvarado”), to confirm the details.

living room, dining room, and kitchen, and no other rooms.

Plaintiffs’ belongings into boxes, and then to load them on a truck.

24. Richard Price demanded that nothing should be loaded on a truck.

Paramount’s Unlawful Acts

Paramount breached the Location Agreement in multiple ways.

to use of “only the first floor.”

33. At no time did Plaintiffs permit such footage to be filmed or used.

though it was barricaded by large boxes.

was to be sold through Richard Price’s memorabilia business.

undamaged value of $1500 each).

floor to ceiling, throughout the entire 2-car space.

40. At no time did Plaintiffs permit access to the garage.

41. Nor did they ever permit property to be placed on a truck.

43. Among the missing items are:

some of whom were Holocaust survivors. Such photos depicted numbers

branded onto their arms by the Nazis while imprisoned in a concentration

of certain of his loved ones.

• Plaintiffs’ wedding photos.

more than sixty years ago.

• Pictures of Sidney Price’s grandchildren taken over a twenty-year period at

family events, vacations, school graduations, etc.

• Wall photos of Lillian Price.

• A piece of art removed from the wall.

• A chair from the living room.

• Valuable china and other household belongings.