SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROBERT KELLY pMa “R. KELLY,”
Plaintiff,
against
TYR4N SMITH a/k/a “TY TY”, SHAWN
CARTER pMa “JAY-Z” and MARCY
PROJECTS PRODUCTIONS, INC.,
Defendants.
Plaintiff Robert Kelly pMa “R. Kelly” (“R. Kelly”), b! hi attorneys, Manatt, Phelp &
Phillips, LLP, as and for his Complaint against Defendants Tyran “Ty Ty” Smith (“Smith”),
Shawn Carter pMa “Jay-Z” and Marcy Projects Productions, hc. (together with Shawn Carter,
“Jay-Z”), alleges the following:
Nature of the Action
1. This action arises from an incident that took place on the evening of October 29,
2004, when Defendant Tyran “Ty Ty” Smith, an employee of rap star Jay-Z, viciously attacked
rhythm and blues megastar R. Kelly with pepper spray during R. Kelly and Jay-Z’s sold-out
concert at Madison Square Garden on a tour the artists were co-headlining. Smith was acting
within the scope and course of his employment by Jay-Z and undertook the attack on R. Kelly to
whether Jay-Z’s business interests in the tour.
2. As a result of this attack, R. Kelly was rushed to the hospital for treatment and
could not finish his performance. After the attack, rather than terminate Smith’s employment or
denounce his conduct, Jay-Z ratified Smith’s actions. lay-Z failed to dismiss or reprimand Smith
for his conduct despite the fact that Smith was charged with third-degree assault by the New
York District Attorney’s Office for his outrageous behavior. Instead, Jay-Z forced the tour’s
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