Martino Auto Concepts, Inc and Joseph Lapadula, Plaintiffsv.Sean Berberich, a.k.a. Sean Sullivan, Defendant
Papers Read on these Motions:Affirmation in Support XAffidavit in Support, and Exhibits X This matter is before the Court on plaintiffs Martino Auto Concepts, Inc. (“MAC”) and Joseph LaPadula’s (“LaPadula” and, collectively, “Plaintiffs”) motion seeking an Order pursuant to CPLR §3215 granting default judgment against defendant Sean Berberich a/k/a Sean Sullivan (“Berberich” or “Defendant”) and setting down an inquest for damages. For the reasons set forth below, Plaintiffs’ motion is denied.BACKGROUNDThe Complaint alleges that LaPadula is the founder and President of MAC, which provides collision reconstruction and refinishing services for high-end automobiles, including restyling services that involve elaborate paint schemes. LaPadula is also involved in the New York art community and collaborates with up-and-coming artists to sell their work at galleries or charity events. LaPadula and Berberich met in 2015 and began collaborating on projects, including the First City Project at the historic Glen Cove property LaPadula owns and uses as a space for artists to display artwork. LaPadula also assembled a group of artists that he frequently collaborated with and promoted that included Berberich (the “Art of MAC Artists”).In or about March 2016, LaPadula and Berberich began discussing a partnership to promote the Art of MAC Artists and provide galleries with a catalog of work (the “Partnership”). In August 2016, LaPadula arranged a meeting attended by Berberich regarding the contribution of work by Art of MAC Artists to gallery space in the Four World Trade Center tower (the “WTC Project”). LaPadula was named as a contributing artist and project curator of the WTC Project and MAC, Berberich, and another Art of MAC Artist contributed a mural. In or about September 2016, LaPadula, on behalf of the Partnership, began negotiating a business deal with the World Trade Gallery (“WT Gallery”) in which the Partnership would supply the gallery with artwork and would in turn receive commissions from any resulting sales. However, in early 2017, Berberich “usurped the Partnership’s business opportunity with WT Gallery, and he entered into his own agreement with WT Gallery to provide artwork from the Art of MAC artists.” (Compl. 34).In or about May 2017, Berberich “received studio space on the 69th floor [of Four World Trade Center] to continue his work.” (Compl. 31). Berberich subsequently severed his “collaborative relationship” with LaPadula, Compl. 32, and began a social media attack campaign against LaPadula. Berberich used social media, particularly his Instagram account, to falsely allege that LaPadula had stolen artwork from Berberich and other artists. Berberich sought to dissuade other artists and curators from working with LaPadula and to drive LaPadula away from the WTC Project.In April 2018, Plaintiffs agreed to work with the Sunrise Association (“Sunrise”), a charitable organization, on their annual fundraiser. Plaintiffs planned to host an art charity auction at the First City Project, provide street-art style murals and artwork for London Jewelers, one of Sunrise’s primary sponsors, and have the First City Project reflect a London Jewelers-themed facade. This event would be featured in local magazines and London Jewelers planned to display a Lamborghini created by Plaintiffs at certain of its locations. Plaintiffs discussed the possible commission of future projects with London Jewelers.Berberich made several posts threatening London Jewelers with protests and vandalism based on Plaintiffs’ involvement in the Sunrise event and London Jewelers and/or Plaintiffs’ failure to give credit to Brandon Aviles (“Aviles”), an artist and then-MAC employee. Berberich engaged in a private message exchange with London Jewelers and directly contacted a Sunrise board member to demand that LaPadula acknowledge Aviles’ work. As a result of Berberich’s harassment and threats to London Jewelers and Sunrise, the Glen Cove Police Department responded to the Sunrise event. London Jewelers “demanded that Sunrise terminate its relationship with LaPadula and MAC” and the art displays were removed. (Compl.
