IN THE UNITED STATES DISTRICT COURT
FClR THE SOUTHERN DlSTRlCT OF FLORlDh cl37
FORT LAUDERDALE DMSION
99-850~
CHARLES EISENBERG and
COSMETIC GALLERY, INC. and
C & L BEhI7I-Y SUPPLY, INC., CIVIL ACTION NO.
Plaintiffs,
KPMG PEAT MARWICK, L.L.P.,
HAROLD M. BXOVICS, and STEPHEN
J. KESH,
Defendants.
COMPLAllYT
J-URY TRLAL DEMANDED
Plaintiffs, CHARLES EISEETBERG ("Eisenberg"), COSMETIC GALLERY, INC., a NW
Jersey Cowration ("Cosmetic NJ") and C & L BEAUTY SUPPLY, lNC., a New Jersey corporation
("C&L NJ"), suedefendants, KPMG PEATMARWICK, L-L-P. ("Peat"), HA'ROLD M. ICKOVICS
("Ickovics"), and STEPHEN J. KESH ("Mesh"), alleging as follows:
GENERAL AND JURISDICTXQNAL ALLEGATIONS
1. This is a diversity action brought by plaintiff under28 USC 3 1332 for
damages in excess of $75,000.00.
2. Plaintiff, Eisenberg, is sui juris and a resident and citizen of the State
residing at 3 Wilderness Drive, Voorhees, New Jersey 08043.
3. Plaintiff, Cosmetic NJ, is a corporation organized and existing under the laws
SNIPPETS:
CHARLES EISENBERG and COSMETIC GALLERY,
KPMG PEAT MARWICK, L.L.P.,
Plaintiffs, CHARLES EISEETBERG, COSMETIC GALLERY, INC., a NW
Jersey Cowration and C & L BEAUTY SUPPLY, lNC., a New Jersey corporation
, and STEPHEN J. KESH, alleging as follows:
This is a diversity action brought by plaintiff under28 USC 3 1332 for compensatory
State of New Jersey, with its principal place of business located at 824 East Gate Drive,
Mount laurel, New Jersey 08054.
Defendant, Ickovics, is sui jurisand aresideat and citizen of the State of Florida, who
Peat is a limited liability partnership organized and existing under the laws of the
g 1332 in that plaintiffs are citizens of New Jersey aad defendants, Tckovics and Kesh, are
For many years prior to 1993 and before its initial public offering, Model Imperial,
business of the sale of brand name fragrances to the retail aud wholesale beauty supply
and related products to the retail public with a sttong retail presence in New Jer.sey.
corporate subsidiaries of Model operating out of Kesb's and Ickovics' offices in Boca Raton,
C&L NJ with Eisenberg to be employed after closing as chief operating officer of two Florida
Model on the other entered into an asset purchase agreement whereby Cosmetic NJ and C&L NJ
of the amount by which annual net sales of Florida Beauty
Plaiutiffs incorporate the allegations of paragraphs 1 through 2EI hereof in bringing
The above-referenced contracts were part of au ambitious business plan to utilize
higher inventory requirements.
levels can be aided by an increase in inventory levels to enable the seller to have a higher
specific obligations of Model, Florida Casmetic, and Florida Beauty to plaintiffs and that
Under the employment agreement, defendants have also deprived Eiscnbcrg of the
Ickovics and Kesh as principals of Model never intended to meet the obligations
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