Case #0104225/2004 · N.Y. Sup. Ct., New York County (Commercial Division)

Kirk Burrowes v. Sean Combs a/k/a "Puff Daddy", "Puffy", "P Diddy", "Sean John", Kenneth Meiselas, and Bad Boy Entertainment, Inc.

Filed N/A Judge Justice Charles Edward Ramos
Open Sean Combs Kenneth Meiselas Bad Boy Entertainment, Inc.
Parties
Kirk Burrowes Plaintiff
Sean Combs a/k/a "Puff Daddy", "Puffy", "P Diddy", "Sean John"
Kenneth Meiselas Attorney for Bad Boy and Combs; alleged to have joined Combs in the May 1996 office visit and intimidation.
Bad Boy Entertainment, Inc. Record company; Burrowes's former employer.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.

Burrowes was Bad Boy Entertainment's general manager (later president), 1992-1997. He alleges Combs promised him an ownership interest and at least 25% of profits, and that in May 1996 Combs -- allegedly carrying a baseball bat -- and attorney Kenneth Meiselas made a surprise visit to his office and intimidated him into surrendering his Bad Boy share certificate and signing a release of his interest. He alleges Combs continued to promise him equity through April 2001. He also alleges Combs and Meiselas tortiously interfered with his November 1997 agreement to manage/produce Mary J. Blige, causing her to breach with him and sign with Combs instead. This 2004 state contract/fraud/conversion suit followed a June 2003 federal RICO suit against the same defendants (S.D.N.Y.) that was dismissed for lack of a RICO cause of action in March 2004 (state claims dismissed without prejudice); Burrowes's federal appeal was itself later dismissed. This case predates by two decades, and closely corroborates key details (the May 1996 baseball-bat incident) of, Burrowes's 2025 sexual-assault suits against Combs (152856/2025 and 1:25-cv-07795) -- filed independently, as a contract/business dispute, with no sexual-assault allegations of its own. Not sexual-assault-related. A related 2006 suit (0602066/2006, "Other Torts") against the same three defendants was discontinued with prejudice by stipulation in 2007, without any monetary payment. FINAL OUTCOME: the Appellate Division, First Department reversed the trial court and dismissed Burrowes's complaint entirely (25 AD3d 370 [2006 NY Slip Op 00108], Jan. 10, 2006), holding that most claims arising from the 1996 incident were time-barred, that collateral estoppel (from the prior federal RICO action) barred Burrowes's equitable-estoppel argument for tolling, and that his tortious-interference claim over the Mary J. Blige contract was speculative. This is a legal/procedural dismissal on limitations grounds -- it does not adjudicate whether the underlying baseball-bat incident occurred.

Docket
Date No. Description
Jun 1, 2004 1 RJI filed. Commercial Division. No document
Jun 3, 2004 2 Motion Seq. 1 (Dismiss Action), filed by Defendants Combs and Bad Boy; Motion Seq. 2 (Dismiss Action), filed by Defendant Meiselas. No document
Jun 11, 2004 2-a Commercial Initial Motion Cal. — Motion Seq. 1, adjourned. No document
Jun 21, 2004 2-b Commercial Submission Cal. — Motion Seq. 1 and Seq. 2, adjourned (S). No document
Jul 9, 2004 2-c Submissions Part — Motion Seq. 1 and Seq. 2, adjourned (S). No document
Aug 6, 2004 2-d Submissions Part — Motion Seq. 1 and Seq. 2, adjourned (S). No document
Aug 20, 2004 2-e Submissions Part — Motion Seq. 1 and Seq. 2, adjourned (S). No document
Aug 23, 2004 2-f Submissions Part — Motion Seq. 1 and Seq. 2, oral argument (60 Centre St, 9:30 a.m.). Before Justice Charles E. Ramos. No document
Sep 30, 2004 2-g IAS Motion 53M — Motion Seq. 1 and Seq. 2, adjourned (9:30 a.m.). No document
Oct 13, 2004 2-h IAS Motion 53M — Motion Seq. 1 and Seq. 2, submitted. No document
Feb 18, 2005 3 MEMORANDUM DECISION AND ORDER — motions to dismiss the complaint (Seq. 1, Combs/Bad Boy; Seq. 2, Meiselas), or in the alternative to stay pending determination of a parallel federal RICO appeal (Burrowes v. Combs et al., S.D.N.Y., filed 06/10/2003, dismissed for lack of RICO cause of action, March 2004; state claims dismissed without prejudice), are GRANTED to the extent that this action and the motions to dismiss are stayed pending determination of the federal appeal. Before Justice Charles E. Ramos. [Underlying allegations: Burrowes, formerly Bad Boy's general manager/president (1992-1997), alleges Combs promised him an ownership interest and 25% profit share in Bad Boy; that in May 1996 Combs and attorney Kenneth Meiselas made a surprise visit to Burrowes's office, with Combs allegedly carrying a baseball bat, and intimidated him into surrendering his Bad Boy share certificate and signing a release; that Combs continued to promise an equity stake through April 2001; and that Combs and Meiselas tortiously interfered with Burrowes's November 1997 agreement to manage/produce Mary J. Blige, causing Blige to breach with Burrowes and sign with Combs instead.] No document
Apr 11, 2005 4 Order restoring the action to the calendar — the action had been stayed by the 02/18/2005 order pending resolution of the federal appeal; that appeal was dismissed. Parties directed to appear for argument 04/18/2005. Before Justice Charles E. Ramos. No document
Apr 18, 2005 5 Compliance Conference held (9:30). Before Justice Charles E. Ramos. No document
Apr 27, 2005 6 IAS Motion 53M — Motion Seq. 3, submitted (PREV 002). No document
Apr 28, 2005 7 Order on the underlying motions (Seq. 1/2) entered, apparently denying dismissal in relevant part; defendants-appellants appealed this order to the Appellate Division, First Department, and moved for a stay pending appeal (see 08/11/2005 entry below). No document
May 3, 2005 8 Motion documents scanned (Motion No. 3). No document
Jun 6, 2005 9 Motion Seq. 4 (Reargument/Reconsideration), filed by Defendant. No document
Jun 10, 2005 10 Motion Seq. 5 (Reargument/Reconsideration), filed by Defendant. No document
Jun 15, 2005 11 Status Conference 53 adjourned (9:30); Commercial Submission Cal. — Motion Seq. 4, adjourned (VAC). Before Justice Charles E. Ramos. No document
Jun 24, 2005 12 Commercial Submission Cal. — Motion Seq. 5, adjourned. No document
Jun 29, 2005 13 Commercial Submission Cal. — Motion Seq. 4, oral argument (60 Centre St, 9:30 a.m.). Before Justice Charles E. Ramos. No document
Jul 7, 2005 14 Commercial Submission Cal. — Motion Seq. 5, oral argument (60 Centre St, 9:30 a.m.). Before Justice Charles E. Ramos. No document
Jul 18, 2005 15 Status Conference 53 — action STAYED (9:30). Before Justice Charles E. Ramos. No document
Aug 11, 2005 16 Appellate Division, First Department order (M-2864) — on defendants-appellants' motion pursuant to CPLR 5519(c) for a stay of all proceedings pending their appeal from the Supreme Court's order entered on or about 04/28/2005: motion granted on condition the appeal is perfected for the November 2005 Term, on pain of the stay being vacated on failure to so perfect. Signed by Clerk Catherine O'Hagan Wolfe; panel present: Andrias (P.J.), Marlow, Gonzalez, Sweeny, Catterson. No document
Jan 10, 2006 16-a Appellate Division, First Department decision, Burrowes v. Combs, 25 AD3d 370 (2006 NY Slip Op 00108) -- REVERSED and complaint DISMISSED, with costs. Held: most claims arising from the 1996 baseball-bat incident were time-barred; collateral estoppel (from the dismissed federal RICO action) barred Burrowes's equitable-estoppel tolling argument; the tortious-interference claim over the Mary J. Blige management contract was speculative, lacking factual support that the contract would have continued but for defendants' conduct. No document
Sep 8, 2005 17 IAS Motion 53M — Motion Seq. 4, submitted. No document
Sep 13, 2005 18 Decision on Motion Seq. 5 (Reargument/Reconsideration) — DENIED, with leave to renew on 5 days' notice; action noted as stayed by the Appellate Division's 08/11/2005 order until decision by the Appellate Division. Before Justice Charles E. Ramos. No document
Sep 13, 2005 19 IAS Motion 53M — Motion Seq. 5, submitted. No document
Sep 14, 2005 20 Decision on Motion Seq. 4 (Reargument/Reconsideration). Before Justice Charles E. Ramos. No document
May 3, 2006 21 Motion Seq. 6 (Other Reliefs), filed by Plaintiff, oral argument (60 Centre St, 9:30 a.m.). Before Justice Charles E. Ramos. No document
Jun 1, 2006 22 IAS Motion 53M — Motion Seq. 6, adjourned (9:30 a.m.). No document
Jun 15, 2006 23 IAS Motion 53M — Motion Seq. 6, submitted. No document
Jun 29, 2006 24 Decision on Motion Seq. 6 (Other Reliefs) — motion granted as reflected in the Court's transcript. Before Justice Charles E. Ramos. No document
Nov 16, 2006 25 IAS Part 53 — stay removed. Before Justice Charles E. Ramos. No document
Nov 17, 2006 26 IAS Part 53 — Other final disposition (pre-note); disposed (DIS SFO). Before Justice Charles E. Ramos. [Exact final resolution -- e.g. settlement vs. dismissal -- not established from documents reviewed.] No document
Attorneys
G. Oliver Koppell & Associates
Plaintiff
Jonathan D. Davis
Jonathan D. Davis P.C.
Civil Defense