UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

LISA-ATHENA S. ABU HANTASH, in her 

individual capacity and as mother and natural 

guardian of JORDAN-ANNETTEE JAZZMIN 

RICHARDSON, a minor, and JORDAN 

RICHARDSON, INC., a Virginia Corporation, 

 Plaintiffs, -againstV MODEL MANAGEMENT NEW YORK, 

INC. and VNY MODEL MANAGEMENT, 

LLC, 

 Defendants. 

 Docket No.: 07 Civ. 3363 (GBD) (KNF) 

 

PLAINTIFFS’ STATEMENT OF 

UNDISPUTED FACTS PURSUANT 

TO FED. R. CIV. P. 56 AND LOCAL 

RULE 56.1

Plaintiffs, LISA-ATHENA S. ABU HANTASH (“Abu Hantash”), in her individual 

capacity and in her capacity as mother and natural guardian of JORDAN-ANNETTEE 

JAZZMIN RICHARDSON, a minor, and JORDAN RICHARDSON, INC., by and through their 

attorneys, NISSENBAUM LAW GROUP, LLC, as and for their statement of facts for which 

they contend there is no genuine issues to be tried:

1. A true and accurate copy of the complaint (without exhibits) filed with the court is 

annexed to the affirmation of Gavin I. Handwerker, Esq. submitted in connection with the within 

motion as Exhibit A. 

2. A true and accurate copy of Defendants V Models Management New York, Inc. 

and/or V Models Corp. and VNY Model Management, LLC’s answer is annexed to the 

affirmation of Gavin I. Handwerker, Esq. submitted in connection with the within motion as 

Exhibit B. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 1 of 9
-2-

3. A true and accurate copy of the model management agreement dated April 22, 

2005 and the addendum thereto (“2005 Management Agreement”) by and between Jordan 

Richardson and Defendant V Models Management New York, Inc. is annexed to the affidavit of 

Plaintiff Abu Hantash submitted in connection with the within motion as Exhibit A. 

4. At the time that Jordan Richardson executed the 2005 Management Agreement, 

she was fifteen (15) years old. Richardson Affid. at ¶ 4; Handwerker Affirm. Ex. A ¶ 29, Ex. B ¶ 

29. 

5. Plaintiff Abu Hantash signed the 2005 Management Agreement with Defendant V 

Model Management New York, Inc. (“V Management”) in her capacity as Jordan Richardson’s 

parent and legal guardian. Abu Hantash Affid. at ¶ 5, Ex. A at 6; Handwerker Affirm. Ex. A ¶¶ 

30, 31, Ex. B ¶¶ 30, 31. 

6. By signing the 2005 Management Agreement in her capacity as Jordan 

Richardson’s parent and legal guardian, Plaintiff Abu Hantash did not agree nor was obligated to 

perform thereunder. Abu Hantash Affid. at ¶ 6, Ex. A at 6. 

7. On or about August 15, 2005, Defendant V Management was dissolved. 

Handwerker Affirm. Ex. A ¶ 35, Ex. B ¶ 35. 

8. Although Defendant V Management was dissolved in August 15, 2005, it was 

not until June 2006 that Defendant V Management and/or Defendant VNY Model Management, 

LLC (“VNY”) informed Plaintiff Abu Hantash that another management agreement needed to be 

executed because Defendant V Management changed its name to “VNY Model Management, 

LLC.” Handwerker Affirm. Ex. A ¶ 35, Ex. B ¶ 35; Abu Hantash Affid. at ¶¶ 7-8. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 2 of 9
-3-

9. Subsequently, Defendant VNY sent to Plaintiff Abu Hantash a model 

management agreement dated June 19, 2006 (“2006 Management Agreement”). Abu Hantash 

Affid. at ¶ 10; Handwerker Affirm. Ex. A ¶ 46, Ex. B ¶ 46. 

10. At this time, Defendant VNY had not executed the 2006 Management Agreement. 

Abu Hantash Affid. at ¶ 11. 

11. Upon receipt of the 2006 Management Agreement, Plaintiff Abu Hantash 

reviewed it and incorporated her hand-written revisions directly onto the document. Handwerker 

Affirm. Ex. A ¶ 50, Ex. B ¶ 50; Abu Hantash Affid. at ¶ 12. 

12. Specifically, Plaintiff Abu Hantash inserted the following provision onto the 

signature page of the agreement: “Jordan Richardson, Inc. has the right to terminate the 

agreement with VNY Model Mgt, LLC with 30 days prior notification of the conclusion of said 

Agreement” (“Termination Provision”). Handwerker Affirm. Ex. A ¶ 51, Ex. B ¶ 51; Abu 

Hantash Affid. at ¶ 14, Ex. B. 

13. Plaintiff Abu Hantash then signed the 2006 Management Agreement only in her 

capacity as the model’s parent and/or legal guardian. Handwerker Affirm. Ex. A ¶ 52, Ex. B ¶ 

52. 

14. A true and accurate copy of the 2006 Management Agreement containing Plaintiff 

Abu Hantash’s hand-written revisions including the Termination Provision is annexed to the 

affidavit of Lisa-Athena S. Abu Hantash submitted in connection with the within motion as 

Exhibit B. 

15. The insertion of the aforementioned language constituted a counteroffer to the 

proposed 2006 Management Agreement. Abu Hantash Affid. Ex. B. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 3 of 9
-4-

16. Jordan Richardson and/or Jordan Richardson, Inc. did not sign the 2006 

Management Agreement. Handwerker Affirm. Ex. A ¶ 53, Ex. B ¶ 53; Abu Hantash Affid. Ex. 

B. 

17. After Plaintiff Abu Hantash sent the 2006 Management Agreement with the 

Termination Clause to Defendant VNY, Defendant VNY objected to the language of the 

Termination Clause. Abu Hantash Affid. at ¶ 16. 

18. The rejection of the language by Defendant VNY constituted a rejection of 

Plaintiff Abu Hantash’s counteroffer. Abu Hantash Affid. Ex. B. 

19. Therefore, the parties did not enter into a binding contract regarding the 2006 

Management Agreement. Abu Hantash Affid. Ex. B. 

20. Plaintiff Abu Hantash thereafter modified the language of the Termination 

Provision on the signature page of the 2006 Management Agreement to read as follows: “Jordan 

Richardson or representative has the right to cancel the contract with a written notice 30 days 

prior to the expiration of the contract” (“Modified Termination Provision”). Handwerker Affirm. 

Ex. A ¶ 56, Ex. B ¶ 56; Abu Hantash Affid. at ¶ 17, Ex. C at 6. 

21. Solely in her capacity as mother and legal guardian for Jordan Richardson and to 

indicate her assent to her daughter’s entry into the 2006 Management Agreement, Plaintiff Abu 

Hantash signed the 2006 Management Agreement incorporating the Modified Termination 

Clause . Handwerker Affirm. Ex. A ¶¶ 57, 72, 73, Ex. B ¶¶ 57, 72, 73; Abu Hantash Affid. at ¶ 

18, Ex. C. 

22. By signing the 2006 Management Agreement in this capacity, Plaintiff Abu 

Hantash did not agree nor was obligated to perform and/or assume any obligations under the 

2006 Management Agreement. Handwerker Affirm. Ex. A ¶¶ 72-73, Ex. B ¶¶ 72-73. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 4 of 9
-5-

23. After signing the 2006 Management Agreement, Plaintiff Abu Hantash faxed the 

2006 Management Agreement with her hand-written revisions including the Modified 

Termination Provision to Defendant VNY for its signature. Abu Hantash Affid. at ¶ 20. 

24. A true and accurate copy of the 2006 Management Agreement containing Plaintiff 

Abu Hantash’s hand-written revisions including the Modified Termination Provision is annexed 

to the affidavit of Lisa-Athena S. Abu Hantash submitted in connection with the within motion 

as Exhibit C. 

25. The 2006 Management Agreement designated Defendant VNY and Plaintiff 

Jordan Richardson, Inc. as the parties to the agreement. Abu Hantash Affid. Ex. C at 1. 

26. However, Plaintiff Jordan Richardson, Inc. and/or Jordan Richardson, 

individually, did not sign the 2006 Management Agreement. Handwerker Affirm. Ex. A ¶¶ 58, 

70, 71, Ex. B ¶¶ 58, 70, 71; Abu Hantash Affid. at ¶ 19, Ex. C at 6. 

27. Defendant VNY did not immediately execute the 2006 Management Agreement 

or provide a response to Plaintiff Abu Hantash with respect to the insertion of the Modified 

Termination Provision. Abu Hantash Affid. at ¶ 21. 

28. Prior to February 2007, Defendant VNY did not provide Plaintiffs with a copy of 

the executed 2006 Management Agreement. Id. at ¶¶ 21-25. 

29. Several times prior to February 2007, Plaintiff Abu Hantash and/or her mother, 

Rachelle Saunders (Jordan Richardson’s grandmother), requested a copy of the executed 2006 

Management Agreement. Id. at ¶ 23. 

30. On or about February 12, 2007, Defendant VNY informed Plaintiff Abu Hantash 

that she would have a copy of the executed 2006 Management Agreement no later than February 

16, 2007. Id. at ¶ 24. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 5 of 9
-6-

31. Defendant VNY did not provide Plaintiff Abu Hantash with a copy of the 

executed 2006 Management Agreement by February 16, 2007. Id. at ¶ 25. 

32. Via correspondence dated February 16, 2007, Plaintiff Abu Hantash informed 

Defendant VNY that because it failed to provide her with a copy of the executed 2006 

Management Agreement, Plaintiffs were rejecting the 2006 Management Agreement. 

Handwerker Affirm. Ex. A ¶ 66, Ex. B ¶ 66; Abu Hantash Affid. at ¶ 26; Ex. D. 

33. A true and accurate copy of the correspondence dated February 16, 2007 from 

Plaintiff Abu Hantash to Defendant VNY is annexed to the affidavit of Lisa-Athena S. Abu 

Hantash submitted in connection with the within motion as Exhibit D. 

34. The correspondence dated February 16, 2007 was sent via Federal Express on 

February 17, 2007. Abu Hantash Affid. at Ex E. 

35. The letter rejecting the 2006 Management Agreement was accepted by 

Defendants’ attorney, Natalia Nastaskin, Esq., and/or her employees, agents and/or servants on 

February 20, 2007 at 2:11 p.m. Id. at Ex. F. 

36. Via correspondence dated February 27, 2007, Defendant VNY, by and through 

Ms. Nastaskin, provided Jordan Richardson with the executed signature page of the 2006 

Management Agreement containing the Modified Termination Provision. Id. at ¶ 30, Ex. G. 

37. A true and accurate copy of the correspondence dated February 27, 2007 from 

Natalia Nastaskin, Esq. to Jordan is annexed to the affidavit of Lisa-Athena S. Abu Hantash 

submitted in connection with the within motion as Exhibit G. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 6 of 9
-7-

38. The counterpart signed by Defendant VNY was mailed 10 days after the letter 

rejecting the 2006 Management Agreement was sent by Plaintiffs, and 1 week after actual receipt 

of the letter rejecting the 2006 Management Agreement. See Abu Hanatash Affid. at Ex. D, E 

and F; cf. Ex. G. 

39. Plaintiff Abu Hantash had already rejected the 2006 Management Agreement on 

February 17, 2007 and before Defendant VNY accepted the 2006 Management Agreement on 

February 27, 2007. Id. at Ex. D, Ex. E. 

40. By rejecting the 2006 Management Agreement before it was accepted by 

Defendant VNY, the parties did not have an enforceable agreement. Id.

41. Via correspondence dated March 21, 2007, Jordan Richardson, by and through 

her attorneys, notified Defendant VNY Management, by and through its attorney, that Jordan 

Richardson had terminated all agreements with Defendants. Handwerker Affirm. at Ex. C. 

42. A true and accurate copy of the correspondence dated March 21, 2007 from 

Christine M. Yearing Esq., attorney for Plaintiffs, to Natalia Nastaskin, Esq., attorney for 

Defendants, is annexed to the affirmation of Gavin I. Handwerker, Esq. submitted in connection 

with the within motion as Exhibit C. 

43. Again, via correspondence dated April 11, 2007, Defendants, by and through their 

attorneys, were notified that Jordan Richardson had terminated all agreements with Defendant V 

Management and rejected all proposed agreements with Defendant VNY. Handwerker Affirm. at 

Ex. D. 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 7 of 9
-8-

44. A true and accurate copy of the correspondence dated April 11, 2007 from Gavin 

I. Handwerker, Esq., attorney for Plaintiffs, to Natalie Nastaskin, Esq., attorney for Defendants, 

is annexed to the affirmation of Gavin I. Handwerker, Esq. submitted in connection with the 

within motion as Exhibit D. 

45. Defendants admit that the 2005 Model Management Agreement is not enforceable 

as it is “moot and irrelevant” and “dead”. Handwerker Affirm. Ex. A ¶¶ 33, 34, 35, 89, 93-99, 

145-146, Ex. B ¶¶ 33, 34, 35, 89, 93-99, 145-146.

46. Specifically, Defendants assert that the 2005 Model Management Agreement 

ended as of June 18, 2006. Handwerker Affirm. Ex. A ¶¶ 33, 34, 93-99, 145-146, Ex. B ¶¶ 33, 

34, 93-99, 145-146.

47. In addition, Defendants assert that the 2005 Model Management Agreement “is 

null and void and has been null and void since June 18, 2006.” Handwerker Affirm. Ex. A ¶ 

145, Ex. B ¶ 145.

48. Moreover, Defendants, similar to Plaintiffs, also request that the Court “declare 

that the 2005 Management Agreement between Plaintiffs and Defendant, V Models, Corp., is 

null and void and as [sic] been null and void since June 18, 2006.” Handwerker Affirm. Ex. B ¶ 

157 (“Prayer” ¶ 3).

49. With regard to the 2006 Management Agreement, Defendants admit that 

Defendant VNY will continue to hold the infant model Jordan to the terms of the 2006-2008 

Model Management Agreement her mother, Abu Hantash gave her written consent to and will 

seek monetary damages for each and every breach of said Model Management Agreement and 

VNY will remain the infant model, Jordan Richardson, exclusive Model Management Agency 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 8 of 9
-9-

until the current 2006-2008 Model Management Agreement expires on June 18, 2008.” 

Handwerker Affirm. Ex. A ¶ 79, Ex. B ¶ 79. 

Dated: New York, New York 

 May 31, 2007 

 

 NISSENBAUM LAW GROUP, LLC 

 /S/ GAVIN I. HANDWERKER 

 By: Gavin I. Handwerker (GIH6191) 

 Attorneys for Plaintiff

 140 Broadway, 46th Fl. 

 New York, New York 10005 

 (212) 871-5711 

To: Wilmer H. Grier, Esq. 

Attorneys for Defendants 

V MODEL MANAGEMENT NEW YORK, INC. and 

VNY MODEL MANAGEMENT, LLC 

603 Jefferson Avenue 

Brooklyn, New York 11221 

Case 1:07-cv-03363-GBD Document 23 Filed 06/19/2007 Page 9 of 9