J.R. Smith hit with $2.5M lawsuit over alleged 2015 choking incident

Brandon Schlager

J.R. Smith hit with $2.5M lawsuit over alleged 2015 choking incident image

J.R. Smith is being sued for $2.5 million by a man who claimed the Cavaliers guard attacked him outside a New York City pizza shop in November.

In a lawsuit filed Thursday and obtained by ESPN.com, Justin Brown accuses Smith of choking him outside Artichoke Basille’s Pizza in Chelsea after Brown cracked a joke about Smith's 2015 trade from the New York Knicks to the Cavaliers. 

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According to the police report, Brown, 19 at the time, sought a photo with Smith around 4 a.m. after spotting the former Knick leaving 1Oak, a popular celebrity nightclub. When Smith declined, Brown remarked, "That’s why you got kicked out of New York." Smith then struck Brown in his head and neck area, the lawsuit alleges.

Brown seeks damages for physical injuries and emotional distress.

Smith, 30, was not arrested, and Manhattan prosecutors decided not to charge him with a crime following a two-month investigation, citing a lack of evidence.

In a cell phone video of the incident, Brown can be heard saying, “I am going to get JR to punch me and sue him for $50,000,” according to the New York Post. The clip did not show Smith choking Brown.

"If they have the audacity to file a frivolous claim against J.R., we will counterclaim for defamation and defend the suit aggressively," Alex Spiro, Smith's attorney, told ESPN. "This was a cash grab from the start."

Brandon Schlager

Brandon Schlager Photo

Brandon Schlager is an assistant managing editor at The Sporting News. A proud Buffalo, N.Y. native and graduate of SUNY Buffalo State, he joined SN as an intern in 2014 and now oversees editorial content strategy.