Escolar Documentos
Profissional Documentos
Cultura Documentos
SUPREME COURT
COUNTY OF ERIE
KIMBERLY SNICKLES,
Plaintiff.
vs
VERIFIED COMPLAINT
Index No. - - - - - -
DENNIS GABRYSZAK;
ADAM LOCHER;
SHELDON SILVER;
NEW YORK STATE ASSEMBLY, and
STATE OF NEW YORK
Defendants.
1.
Assembly and State of New York at all times pertinent to this complaint.
3.
the State of New York and at all times pertinent to this complaint, was a member of the
New York State Assembly, representing the 143rd District.
4.
Defendant, former New York State Assemblyman, Dennis Gabryszak at all times
pertinent to this complaint.
5.
resident of the State of New York, and was, at all times pertinent to this complaint and
supervise, and, if necessary, discipline members of the New York State Assembly for
any inappropriate behavior.
7.
York State government which is established under the New York State Constitution.
Both Defendants Gabryszak and Silver were members of Defendant Assembly at all
times pertinent to this matter.
America.
Defendant, New York State Assembly is created under the laws of the
NATURE OF ACTION
9.
k.
I.
m.
n.
o.
p.
Sexual Discrimination
Intentional Infliction of Emotional Distress
Negligent Infliction of Emotional Distress
Discrimination Under State Law Under New York State
Executive Law Section 296
Discrimination Under State Law Under New York State
Executive Law Section 296(7)
Civil Assault
Civil Battery
Negligent Supervision and Retention
Vicarious Liability
Prima Facie Tort
Retaliation
Breach of Contract
Defamation
Slander and Libel
Violation of Statute
Disability Discrimination
2
q.
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pp.
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rr.
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iii.
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III.
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10.
The causes of action brought against all Defendants are thusly brought as
a result of all Defendants acting in concert with one another and/or their respective
predecessors to further and/or carryout the scheme concocted and/or established by
one or more of such Defendants and/or their respective predecessors.
11.
The causes of actions brought against the public officials individually are
also brought as a result of the conduct, acts and/or actions of such individuals by the
use of their public office and facilities and authorities thereunder and/or outside of their
scope or authority.
12.
To the extent that any cause of action is inconsistent with any other cause
To the extent that relief requested for any cause of action is inconsistent
with relief requested for any other cause of action, such inconsistent relief is being
sought alternatively.
FACTUAL ALLEGATIONS
14.
York State Assembly and State of New York, from May 20, 2013 to October 15, 2013.
15.
Locher, who served as Chief of Staff for Defendant, Gabryszak and was employed by
Defendants, Gabryszak, New York State Assembly and State of New York.
5
18.
That throughout
with
the
Defendants,
Gabryszak, Locher, New York State Assembly and State of New York, Defendant,
Silver's duty and responsibility was to oversee Defendant, Gabryszak and other
members of the Defendant, Assembly and their specific behaviors.
19.
Assembly and State of New York, and during working hours and during other work
related activities, Plaintiff was repeatedly, intentionally, and maliciously harassed by
Defendant, Gabryszak, with harassing conduct.
limited to:
inquiries, sexually oriented physical contact and gestures, sexually oriented practical
jokes, the posting and presence of pornographic pictures, and the exposing of sexual
artifacts to Plaintiff.
20.
woman.
21.
That Defendant, Locher failed to take any necessary steps to stop the
When Plaintiff Snickles informed Defendant, Locher of Defendant,
Gabryszak's behavior, his response to her was that "he didn't want to be a part of a
sexual harassment complaint" and that "she should talk to the Assemblyman herself".
23.
former New York State Assemblyman, Dennis Gabryszak, Adam Locher, Sheldon
Silver, Speaker of the Assembly, New York State Assembly, and the State of New York,
had knowledge of the sexual harassment of the Plaintiff by Defendant Gabryszak.
24.
former New York State Assemblyman, Dennis Gabryszak, Adam Locher, Sheldon
Silver, Speaker of the Assembly, New York State Assembly, and State of New York,
refused to take corrective or remedial action.
25.
action, Defendants, former New York State Assemblyman, Dennis Gabryszak, Adam
6
Locher, Sheldon Silver, Speaker of the Assembly, New York State Assembly, and State
of New York acquiesced in the sexual harassment of the Plaintiff by Defendant
Gabryszak.
26.
environment for Plaintiff, made daily work difficult for her, and forced her to resign her
position as Director of Communications for Defendants, Gabryszak, New York State
Assembly and State of New York.
27.
Gabryszak, Adam Locher, Sheldon Silver, Speaker of the Assembly, New York State
Assembly, and State of New York, knew of the harassment Plaintiff was subjected to
but refused to take corrective or remedial action, the conduct became a term and
condition of the Plaintiff's employment with Defendant, Gabryszak.
28.
salary of $26,000.00.
29.
resign her position with the Defendants, Gabryszak, New York State Assembly and
State of New York, and take other employment. Said employment provided Plaintiff
with a lower salary than Plaintiff earned with Defendants, Gabryszak, New York State
Assembly and State of New York.
30.
31.
Gabryszak, Adam Locher, Sheldon Silver, Speaker of the Assembly, New York State
Assembly, and State of New York is specifically described as follows:
a.
At her first week on the job in May, 2013, Plaintiff was asked by the
Assemblyman to join him in Albany for a massage. Not knowing anyone in Albany, or
any better, she accompanied him to a massage parlor in Albany.
b.
On her second week on the job, in June, 2013, Plaintiff was taken to
dinner by the Assemblyman TO a local restaurant, the Rusty Nail. The topic of the
conversation at dinner made her very uncomfortable. She was asked questions such
as, "would a man still find a woman attractive if they had a nice set of breasts, but an
7
unattractive face?"
On the way home from the restaurant that same evening, the
Assemblyman told Plaintiff that he was more of a "butt" guy than a "boobs" guy.
c.
In June, 2013, as Plaintiff was being dropped off to her hotel by the
Assemblyman, she became aware that the power in the building was out due to
inclement weather. He invited her to stay with him that evening in his apartment.
d.
and one of his interns a joke about him "having a tattoo on his penis".
e.
and they walked past a set of train tracks, the Assemblyman asked her if she "would like
to be tied up to them".
f.
On or about June 20, 2013, since the session had ended, Plaintiff
intended on spending the night at one of the intern's homes. The intern however, was
going out for the evening and Plaintiff simply wanted to go to sleep. As a result, she
purchased her own hotel room. Upon hearing what she had done, the Assemblyman
said to her, "Why would you do that?
Plaintiff politely responded that she would feel more comfortable in her own room
because she needed to shower. The Assemblyman quickly responded to her, "I have a
shower".
She was so upset by the Assemblyman's behavior that she called her
On July 30, 2013, Plaintiff and the Assemblyman were in New York City
spending the evening at her grandmother's house in Brooklyn. Despite her plans, the
Assemblyman still invited her to sleep in his hotel room. Later the same day, she was
using the office camera that had recently been purchased for her to use during events
and press conferences. Plaintiff saw photos in the camera of women in New York City
that the Assemblyman had taken the night before. When she asked him about the
pictures, he showed her his iPhone and said that these women had given him their
phone numbers. From looking at the photos it was her belief that these women were
prostitutes.
h.
On July 31, 2013 on the plane ride home back from New York City, the
8
Assemblyman spoke explicitly about his activities the night before in which he had a
"happy ending" from the massage lady in his hotel room that night. This conversation
was very upsetting to Plaintiff.
i.
During the time period from June, 2013 through August, 2013, if Plaintiff
and one of her female co-workers rode in the back seat of the Assemblyman's vehicle,
he would regularly look in the rear view mirror and ask them "if they were kissing each
other".
k.
accompanied the Assemblyman as part of the Salute to Our Veterans Trip to West Point
and New York City. On the first day they arrived with the veterans at the hotel, the
Assemblyman texted her and asked what room she was in. Plaintiff ignored the text.
Later that day, they were out to lunch and the waitress asked them if they were
together, actually meaning did they want one bill or two. Upon hearing the waitress, the
Assemblyman said, "You hear that Kimberly, we are together. Does that mean we are
getting one room tonight?" Plaintiff responded, "No, she was talking about the bill".
Later on the same trip as they were riding on the ferry to the Statute of Liberty, the
Assemblyman asked her if she would prefer to go on the top of the ferry or the bottom.
She replied the top. The Assemblyman responded, "Oh, you like it on top huh."
I.
The next week at lunch with the staff, the Assemblyman became aware
that one of the staff members, was having a garage sale. He began making fun of her
and said a number of times that she was going to "sell her panties at the garage sale".
The comments made Plaintiff very uncomfortable.
m.
jokes about the Plaintiff. He told those present that when they were in New York City,
she wanted to see the "naked lady" (an attraction in Time Square of a woman who was
covered in body paint). The Assemblyman proceeded to tell the others at the table that
Plaintiff "tried to stick her tongue down the naked lady's throat". These comments were
obviously untrue and very degrading to Plaintiff. They made her very upset.
9
n.
Locher, to express her disgust with the Assemblyman's behavior. Mr. Locher advised
her that "he did not want to be involved in a sexual harassment complaint and to speak
with the Assemblyman directly".
Assemblyman. It appeared that he was tipped off to the subject of the meeting by Mr.
Locher.
She waited patiently in the Assemblyman's office for him to appear for the
On or about October 15, 2013, Plaintiff met once again with the
Assemblyman's Chief of Staff, Adam Locher. This time, it was to advise him that she
was leaving her position because of the Assemblyman's inappropriate behavior. After
hearing of the most recent incidents, Mr. Locher told her that he "did not blame her for
leaving" and he "apologized on behalf of the Assemblyman".
p.
number of fainting spells. She met with her doctor who advised Plaintiff that the spells
were the result of stress at work.
q.
experienced severe stomach pains. On one occasion, the pain was so sharp that she
passed out. Plaintiff underwent a number of tests for her condition. Said tests were
negative and she was advised by her doctor that her illness was due to stress and
anxiety.
Plaintiff's stomach problems completely went away after she left her
Each and every Defendant conspired with each other Defendant and
acted in concert with one another in an express and/or implied agreement to carry out a
common scheme to create a hostile and offensive workplace for Plaintiff.
33.
reckless and negligent behavior from at least August, 2007 through October, 2012
though his position as New York State Assemblyman.
34.
harass and harm his female employees on a regular and continuous basis.
10
35.
Time Administrator, Emily Trimper and continued until she was constructively
discharged in March, 2008. Said behavior is detailed in Exhibit "A" attached hereto.
36.
Director of Communications, Kristy L. Mazurek during her tenure from October, 2008
through her constructive discharge in May, 2009. Said behavior is detailed in Exhibit
"8" attached hereto.
37.
employees with Trina Tardone, who served as Director of Communications from June,
2009 through her constructive discharge in January, 2011. Said behavior is detailed in
Exhibit "C" attached hereto.
38.
in June, 2010 with Jamie Campbell, who served as Legislative Director, persisted until
her constructive discharge on October 25, 2013. Said behavior is detailed in Exhibit "D"
attached hereto.
39.
May, 2013, with Plaintiff, who served as Director of Communications. Said behavior
continued until her constructive discharge on October 15, 2013. The details of Plaintiff's
hostile and offensive workplace are detailed above.
41.
43.
Defendants, Silver, New York State Assembly and State of New York, also
That the sexual harassment and failure to take reasonable remedial action
prOXimately caused Plaintiff to leave the Defendants Gabryszak, New York State
Assembly and State of New York's employ, to suffer physically and emotionally, and to
lose esteem, future professional options, future earnings and creative fulfillment in her
chosen career.
45.
Defendants former New York State Assemblyman, Dennis Gabryszak, Sheldon Silver,
Speaker of the Assembly, former Chief of Staff, Adam Locher, New York State
Assembly and State of New York.
46.
contained in Paragraphs 1 through 45, inclusive, as though they were fully here set
forth.
47.
Defendants are employers within the meaning of the New York State
Defendants, Locher, Silver, New York State Assembly and State of New
York failed and/or refused to protect Plaintiff from the aforesaid sexual harassment
and/or abate the aforesaid sexual harassment and instead, permitted Defendant,
12
emotionally abused her, his continued comments toward her, and the retaliation he took
against her when she refused to acquiesce to his sexual advances amounted to quid
pro quo sexual harassment.
51.
The foregoing acts and/or omissions by the defendants violated the New
York State Executive Law which prohibits sexual discrimination in employment. The
Defendants' conduct constituted gross negligence and was intended to bring about the
harm to the Plaintiff.
52.
54.
contained in Paragraphs 1 through 53, inclusive, as though they were fully here set
forth.
55.
conduct (as outlined in the above Statement of Facts) with intent to cause or disregard
of the substantial probability of causing, severe emotional distress to the Plaintiff.
56.
57.
severally, for the Plaintiffs suffering as aforesaid and such an amount as has been lost
economically by the Plaintiff and as a result of the evident distress that was inflicted
upon her by the Defendants in the amount of $10,000,000.
58.
contained in Paragraphs 1 through 57, inclusive, as though they were fully here set
forth.
59.
. Defendants wrongfully, in full site of others, created a hostile and offensive workplace
and failed to take action to stop said behavior upon receiving notice of the conduct
60.
Defendants (as outlined above in the Statement of Facts), the Plaintiff has suffered
mental pain and anguish.
62.
severally, for the Plaintiff's suffering as aforesaid and such an amount has been lost
economically by the Plaintiff and as a result of the evident distress that was inflicted
upon her by the Defendants in the amount of $10,000,000.
14
63.
contained in Paragraphs 1 through 62, inclusive, as though they were fully here set
forth.
64.
discriminatory practice: (a) For an employer or licensing agency, because of the age,
race, creed, color, national origin, sexual orientation, military status, sex, disability,
genetic predisposition or carrier status, or marital status of any individual, to refuse to
hire or employ or to bar or to discharge from employment such individual or to
discriminate against such individual in compensation or in terms, conditions or privileges
of employment.
65.
Defendants Gabryszak, New York State Assembly and State of New York
That as a direct result of the foregoing, the Plaintiff has been damaged in
67.
contained in Paragraphs 1 through 66, inclusive, as though they were fully here set
15
forth.
68.
New York State Executive Law Section 296(7) provides that it shall be an
Defendant, Gabryszak, New York State Assembly and State of New York
That as a direct result of the foregoing, the Plaintiff has been damaged in
an amount of $10,000,000.
71.
contained in Paragraphs 1 through 70, inclusive, as though they were fully here set
forth,
72.
On
numerous
occasions
throughout
Plaintiff's
employment,
the
Defendants assaulted the Plaintiff and created a hostile offensive work environment,
including inappropriate comments, jokes and physical touching and touching in such a
manner as would constitute a civil assault.
73.
16
74.
contained in Paragraphs 1 through 73, inclusive, as though they were fully here set
forth.
75.
Each time Gabryszak threatened to, and in fact, did inflict physical abuse
on Plaintiff's person including inappropriate comments, jokes and physical touching and
touching in such a manner, that he gave Plaintiff reason to fear and expect bodily injury
the next time she was in Gabryszak's presence.
76.
Such conduct and constitutes Civil Battery which has resulted in grave
79.
contained in Paragraphs 1 through 78, inclusive, as though they were fully here set
forth.
80.
Defendants Locher, Silver, New York State Assembly and State of New
York, knew of defendant, Gabryszak's abusive and harassing conduct toward Plaintiff.
17
Upon information and belief, Gabryszak had a long history of abusive conduct that
predated Plaintiff's appointment as Director of Communications.
82.
prior to and during Plaintiff's employment, Defendants negligently retained and/or failed
to supervise the actions of Gabryszak, Silver was grossly negligent in his failure to
supervise and remove Gabryszak and intended the harm to the Plaintiff.
83.
85.
contained in Paragraphs 1 through 84, inclusive, as though they were fully here set
forth.
86.
Assembly and State of New York. Locher was also employed by Defendant, New York
State Assembly and State of New York.
within and outside of the scope of his authority as a New York State Assemblyman. As
a result, Defendants, New York State Assembly, State of New York and Silver were
vicariously liable for the behaviors of Defendants, Gabryszak and Locher.
87.
Upon
information and belief, Defendant, Gabryszak had a long history of abusive conduct that
18
much of Defendant Gabryszak and Locher's actions were committed within the scope of
their employment, Defendants, New York State Assembly, State of New York and Silver
are liable for Defendant Gabryszak and Locher's actions under the doctrine of
respondeat superior.
89.
The foregoing actions by the Defendants caused Plaintiff grave injury and
91.
contained in Paragraphs 1 through 90, inclusive, as though they were fully here set
forth.
92.
The above conduct and acts by the Defendants, individually and in concert
As a result of the tortious conduct against the Plaintiff, the Plaintiff has
95.
contained in Paragraphs 1 through 94, inclusive, as though they were fully here set
forth.
96.
Gabryszak.
Plaintiff
has
served
as
Communications
Director for
Defendant,
Gabryszak's egregarious conduct, including his sexual abuse and harassment of her.
Defendants repeatedly refused to take any action to prevent Gabryszak from harassing
and abusing Plaintiff.
97.
retaliated against her by forcing her to pay for her travel and accommodations when in
Albany. These expenses were to have been paid for by Defendant Gabryszak.
98.
she was forced to quit her employment with the Defendant, Gabryszak.
99.
Such retaliatory discharge violated New York State Human Rights Law
Section 296(1 )(e) and caused Plaintiff grave injury to her person, property and
employment and emotional distress.
100.
101.
contained in Paragraphs 1 through 100, inclusive, as though they were fully here set
forth.
20
102.
Defendants, Gabryszak, New York State Assembly and State of New York was and is
subject to a contract of employment which covers the terms and conditions of Plaintiff's
employment, including implicitly a prohibition of sexual harassment in the implied
covenant of good faith and fair dealing in the contract.
103.
under the contract. They breached their covenant of good faith and fair dealing in their
employment contract with Plaintiff. They imposed undue burdens on the performance
of Plaintiff's duties under the employment contract, denied her service and support and
a safe place of employment within which to perform her duties.
104.
condition that no retaliation or other adverse employment action be taken against the
Plaintiff as a result of her making complaints about sexual harassment in the workplace.
105.
in her employment, in her person, property and denied her the benefits of her
agreement.
107.
108.
contained in Paragraphs 1 through 107, inclusive, as though they were fully here set
forth.
109.
The Plaintiff has been forced to defend public comments made against her
the Defendants' improper purpose and scheme against the Plaintiff, to defame and
disparage and wrongfully discharge and inflict emotional distress and unfairly compete
and tortuously interfere with prospective business advantage by assisting in the
preparation and disbursement of the false and disparaging statements which constitute
defamation all to the detriment and damage of the Plaintiff.
111.
112.
contained in Paragraphs 1 through 111, inclusive, as though they were fully here set
forth.
113.
The Plaintiff has been forced to defend herself with the public and local
media due to the fact that Defendant, Gabryszak pUblicly denied Plaintiff's allegations
and stated that they were "patently untrue".
114.
was brought to accomplish Defendants' improper purpose and scheme against the
Plaintiff, to defame and disparage and wrongfully discharge and inflict emotional
distress and unfairly complete and tortuously interfere with prospective business
advantage by assisting in the preparation and disbursement of the false and
disparaging statements and such use of civil process constitutes slander and libel, all to
the detriment and damage of the Plaintiff.
115.
22
116.
contained in Paragraphs 1 through 115, inclusive, as though they were fully here set
forth.
117.
number of New York State laws, statutes, rules and relations which provide for the
health, welfare and protection of the public and the Plaintiff.
118.
The Defendants have violated the laws, rules and regulations of the State
of New York by subjecting Plaintiff to a hostile and offensive work environment as well
as direct acts of sexual harassment by Defendant, Gabryszak.
119.
These violations of the laws of the State of New York have damaged the
Plaintiff in that the Plaintiff was unable to continue her employment and further that the
Defendants' scheme has now progressed to the level of all of the other torts alleged in
this Complaint.
120.
statutes and laws and the Defendants must compensate the Plaintiff for her direct
damages resulting from these violations of statutes and from other claims alleged in the
Complaint which arise from these statute and law violations by the Defendants in the
amount of $4,000.000.
AS AND FOR A SIXTEENTH CAUSE OF ACTION:
DISABILITY DISCRIMINATION
AGAINST ALL DEFENDANTS
121.
contained in Paragraphs 1 through 120, inclusive, as though they were fully here set
23
forth.
122.
of defendant Gabryszak's sexual harassment which impaired her ability to perform her
duties as Communication Director for Defendant Gabryszak.
123.
that it would stop and that she would not need an accommodation for her disability.
125.
against discrimination on the basis of disability causing plaintiff grave injury to her
person and property and emotional distress.
127.
128.
contained in Paragraphs 1 through 127, inclusive, as though they were fully here set
forth.
129.
Assembly and State of New York, Defendant Gabryszak continuously invaded Plaintiff's
privacy and personal space.
130.
131.
contained in Paragraphs 1 through 130, inclusive, as though they were fully here set
forth.
132.
Defendant Gabryszak during and through his numerous trips to New York
That as a direct result of the foregoing, the Plaintiff has been damaged in
25
136.
contained in Paragraphs 1 through 135, inclusive, as though they were fully here set
forth.
137.
The New York City Administrative Code Title 8, 8-1 07(1 )(e) provides that
Defendant Gabryszak during and through his numerous trips to New York
140.
contained in Paragraphs 1
through~ 139,
forth.
141.
State Assembly, and State of New York, she was subjected to such a hostile and
26
offensive environment at the hands of Defendant Gabryszak, that it was unbearable for
her to work for said Defendants.
142.
That because of her being forced to leave her employment with the
145.
contained in Paragraphs 1 through 144, inclusive, as though they were fully here set
forth.
146.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
147.
Defendant and acted in concert with one another to commit Sexual Discrimination
against the Plaintiff.
148.
27
149.
contained in Paragraphs 1 through 148, inclusive, as though they were fully here set
forth.
150.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another in an express or implied agreement to carry out their
scheme.
151.
Specifically, each and every Defendant conspired with each other and
acted in concert with one another to intentionally inflict emotional distress on the
Plaintiff.
152.
153.
contained in Paragraphs 1 through 152, inclusive, as though they were fully here set
forth.
154.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another in an express or implied agreement to carry out their
scheme.
155.
Specifically, each and every Defendant conspired with each other and
acted in concert with one another to negligently inflict emotional distress on the Plaintiff.
28
156.
157.
contained in Paragraphs 1 through 156, inclusive, as though they were fully set forth.
158.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another in an express of implied agreement to carry out their
scheme.
159.
Defendant and acted in concert with one another to commit discrimination under State
Law under New York State Executive Law Section 296 against the Plaintiff.
160.
161.
contained in Paragraphs 1 through 160, inclusive, as though they were fUlly set forth.
162.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another in an express of implied agreement to carry out their
scheme.
163.
29
Defendant and acted in concert with one another to commit discrimination under State
Law under New York State Executive Law Section 296(7) against the Plaintiff.
164.
165.
contained in Paragraphs 1 through 164, inclusive, as though they were fully here set
forth.
166.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
167.
Defendant and acted in concert with one another to commit civil assault against the
Plaintiff.
168.
169.
contained in Paragraphs 1 through 168, inclusive, as though they were fully here set
forth.
170.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
30
their scheme.
171.
Defendant and acted in concert with one another to commit civil battery against the
Plaintiff.
172.
173.
contained in Paragraphs 1 through 172, inclusive, as though they were fully here set
forth.
174.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
175.
Defendant and acted in concert with one another to commit Negligent Supervision and
Retention against the Plaintiff.
176.
177.
contained in Paragraphs 1 through 176, inclusive, as though they were fully here set
forth.
31
178.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
179.
vicariously liable to the Plaintiff for the respective acts of each other Defendant.
180.
181.
contained in Paragraphs 1 through 180, inclusive, as though they were fully here set
forth.
182.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
183.
Defendant and acted in concert with one another to commit prima facie tort against the
Plaintiff.
184.
185.
contained in Paragraphs 1 through 184, inclusive, as though they were fully here set
forth.
186.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
187.
Defendant and acted in concert with one another to commit retaliation against the
Plaintiff.
188.
189.
contained in Paragraphs 1 through 188, inclusive, as though they were fully here set
forth.
190.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
191.
Defendant and acted in concert with one another to commit breach of contract against
the Plaintiff.
192.
33
193.
contained in Paragraphs 1 through 192, inclusive, as though they were fully here set
forth.
194.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
195.
Defendant and acted in concert with one another to commit defamation against the
Plaintiff.
196.
197.
contained in Paragraphs 1 through 196, inclusive, as though they were fully set forth.
198.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
199.
Defendant and acted in concert with one another to commit slander and libel against the
Plaintiff.
200.
201.
contained in Paragraphs 1 through 200, inclusive, as though they were fully here set
forth.
202.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
203.
Defendant and acted in concert with one another to commit violation of statute against
the Plaintiff.
204.
205.
contained in Paragraphs 1 through 204, inclusive, as though they were fully here set
forth.
206.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
207.
Defendant and acted in concert with one another to commit disability discrimination
against the Plaintiff.
208.
209.
contained in Paragraphs 1 through 208, inclusive, as though they were fully here set
forth.
210.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
211.
Defendant and acted in concert with one another to commit interference with right of
privacy against the Plaintiff.
212.
213.
contained in Paragraphs 1 through 212, inclusive, as though they were fully here set
forth.
214.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
36
215.
Defendant and acted in concert with one another to commit discrimination under the
New York City Administrative Code Section 8-107(1) against the Plaintiff.
216.
217.
contained in Paragraphs 1 through 216, inclusive, as though they were fully here set
forth.
218.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
219.
Defendant and acted in concert with one another to commit discrimination under the
New York City Administrative Code Section 8-107(1)(e) against the Plaintiff.
220.
221.
contained in Paragraphs 1 through 220, inclusive, as though they were fully here set
forth.
37
222.
Each and every Defendant conspired with each other Defendant and
acted in concert with one another, in an express and/or implied agreement, to carry out
their scheme.
223.
Defendant and acted in concert with one another to commit constructive wrongful
discharge against the Plaintiff.
224.
225.
contained in Paragraphs 1 through 224, inclusive, as though they were fully here set
forth.
226.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes sexual
discrimination against the Plaintiff.
228.
229.
contained in Paragraphs 1 through 228, inclusive, as though they were fully here set
forth.
230.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
intentional infliction of emotional distress against the Plaintiff.
232.
233.
contained in Paragraphs 1 through 232, inclusive, as though they were fUlly here set
forth.
234.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes negligent
infliction of emotional distress against the Plaintiff.
236.
39
237.
contained in Paragraphs 1 through 236, inclusive, as though they were fully here set
forth.
238.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
discrimination under State Law Under New York Executive Law Section 296 against the
Plaintiff.
240.
241.
contained in Paragraphs 1 through 240, inclusive, as though they were fully here set
forth.
242.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
discrimination under State Law Under New York Executive Law Section 296(7) against
40
the Plaintiff.
244.
245.
contained in Paragraphs 1 through 244, inclusive, as though they were fully here set
forth.
246.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes civil
assault against the Plaintiff.
248.
249.
contained in Paragraphs 1 through 248, inclusive, as though they were fully here set
forth.
250.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes civil
41
253.
contained in Paragraphs 1 through 252, inclusive, as though they were fully here set
forth.
254.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes negligent
supervision and retention against the Plaintiff.
256.
257.
contained in Paragraphs 1 through 256, inclusive, as though they were fully here set
forth.
258.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that results in respective
42
vicarious liability of each Defendant for the respective acts of each other Defendant.
260.
261.
contained in Paragraphs 1 through 260, inclusive, as though they were fully here set
forth.
262.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes prima
facie tort against the Plaintiff.
264.
265.
contained in Paragraphs 1 through 264, inclusive, as though they were fully here set
forth.
266.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
43
269.
contained in Paragraphs 1 through 268, inclusive, as though they were fully here set
forth.
270.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes breach of
contract against the Plaintiff.
272.
273.
contained in Paragraphs 1 through 272, inclusive, as though they were fully here set
forth.
274.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
44
277.
contained in Paragraphs 1 through 276, inclusive, as though they were fully here set
forth.
278.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes slander
and libel against the Plaintiff.
280.
281.
contained in Paragraphs 1 through 280, inclusive, as though they were fully here set
forth.
282.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes violation
45
285.
contained in Paragraphs 1 through 284, inclusive, as though they were fully here set
forth.
286.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes disability
discrimination against the Plaintiff.
288.
289.
contained in Paragraphs 1 through 288, inclusive, as though they were fully here set
forth.
290.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
46
293.
contained in Paragraphs 1 through 292, inclusive, as though they were fully here set
forth.
294.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
discrimination under the New York City Administrative Code Section 8-107(1) against
the Plaintiff.
296.
297.
contained in Paragraphs 1 through 296, inclusive, as though they were fully here set
forth.
298.
Each and every Defendant has aided and abetted each and every other
47
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
discrimination under the New York City Administrative Code Section 8-107(1 )(e) against
the Plaintiff.
300.
301.
contained in Paragraphs 1 through 300, inclusive, as though they were fully here set
forth.
302.
Each and every Defendant has aided and abetted each and every other
Specifically, each and every Defendant aided and abetted every other
Defendant in committing the acts and engaging in the conduct that constitutes
constructive wrongful discharge against the Plaintiff.
304.
305.
contained in Paragraphs 1 through 304, inclusive, as though they were fully here set
forth.
48
306.
Plaintiff are so egregious and conducted with such recklessness, malice and intent to
harm that punitive damages must be awarded.
307.
308.
contained in Paragraphs 1 through 307, inclusive, as though they were fully here set
forth.
309.
distress against Plaintiff are so egregious and conducted with such recklessness,
malice and intent to harm that punitive damages must be awarded.
310.
311.
contained in Paragraph 1 through 310, inclusive, as though they were fully here set
forth.
312.
distress against Plaintiff are so egregious and conducted with such recklessness,
malice and intent to harm that punitive damages must be awarded.
49
313.
314.
contained in Paragraphs 1 through 313, inclusive, as though they were fully here set
forth.
315.
Under New York State Executive Law Section 296 against Plaintiff are so egregious and
conducted with such recklessness, malice and intent to harm that punitive damages
must be awarded.
316.
317.
contained in Paragraphs 1 through 316, inclusive, as though they were fully here set
forth.
318.
Under New York State Executive Law Section 296(7) against Plaintiff are so egregious
and conducted with such recklessness, malice and intent to harm that punitive damages
must be awarded.
50
319.
320.
contained in Paragraphs 1 through 319, inclusive, as though they were fully here set
forth.
321.
The acts of the Defendants in committing civil assault against Plaintiff are
so egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
322.
323.
contained in Paragraphs 1 through 322, inclusive, as though they were fully here set
forth.
324.
The acts of the Defendants in committing civil battery against Plaintiff are
so egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
325.
51
326.
contained in Paragraphs 1 through 325, inclusive, as though they were fully here set
forth.
327.
retention against Plaintiff are so egregious and conducted with such recklessness,
malice and intent to harm that punitive damages must be awarded.
328.
329.
contained in Paragraphs 1 through 328, inclusive, as though they were fully here set
forth.
330.
Defendant in concert with one another and was against Plaintiff so egregious and
conducted with such recklessness, malice and intent to harm, that punitive damages
must be awarded against each Defendant for the respective acts of each other
Defendant.
331.
52
332.
contained in Paragraphs 1 through 331, inclusive, as though they were fully here set
forth.
333.
The acts of the Defendants in committing prima facie tort against Plaintiff
are so egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
334.
335.
contained in Paragraphs 1 through 334, inclusive, as though they were fully here set
forth.
336.
egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
337.
53
338.
contained in Paragraphs 1 through 337, inclusive, as though they were fully here set
forth.
339.
Plaintiff are so egregious and conducted with such recklessness, malice and intent to
harm that punitive damages must be awarded.
340.
341.
contained in Paragraphs 1 through 340, inclusive, as though they were fully here set
forth.
342.
so egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
343.
54
344.
contained in Paragraphs 1 through 343, inclusive, as though they were fully here set
forth.
345.
The acts of the Defendants in committing slander and libel against Plaintiff
are so egregious and conducted with such recklessness, malice and intent to harm that
punitive damages must be awarded.
346.
347.
contained in Paragraphs 1 through 346, inclusive, as though they were fully here set
forth.
348.
Plaintiff are so egregious and conducted with such recklessness, malice and intent to
harm that punitive damages must be awarded.
349.
55
350.
contained in Paragraphs 1 through 349, inclusive, as though they were fully here set
forth.
351.
Plaintiff are so egregious and conducted with such recklessness, malice and intent to
harm that punitive damages must be awarded.
352.
353.
contained in Paragraphs 1 through 352, inclusive, as though they were fully here set
forth.
354.
against Plaintiff are so egregious and conducted with such recklessness, malice and
intent to harm that punitive damages must be awarded.
355.
56
356.
contained in Paragraphs 1 through 355, inclusive, as though they were fully here set
forth.
357.
York City Administration Code Section 8-107(1) against Plaintiff are so egregious and
conducted with such recklessness, malice and intent to harm that punitive damages
must be awarded.
358.
359.
contained in Paragraphs 1 through 358, inclusive, as though they were fully here set
forth.
360.
York City Administrative Code Section 8-107(1)(e) against Plaintiff are so egregious and
conducted with such recklessness, malice and intent to harm that punitive damages
must be awarded.
361.
57
362.
contained in Paragraphs 1 through 361, inclusive, as though they were fully here set
forth.
363.
against Plaintiff are so egregious and conducted with such recklessness, malice and
intent to harm that punitive damages must be awarded.
364.
and every one of the Defendants, individually and joint and separately:
(1)
State Law Under New York State Executive Law Section 296 in the amount of
$4,000,000.
(5)
State Law Under New York State Executive Law Section 296(7) in the amount of
$10,000,000.
(6)
On the sixth cause of action by Plaintiff Snickles for Civil Assault in the
amount of $3,000,000.
(7)
On the seventh cause of action by Plaintiff Snickles for Civil Battery in the
58
amount of $4,000,000.
(8)
On the tenth cause of action by Plaintiff Snickles for Prima Facie Tort in
amount of $4,000,000.
(12)
amount of $4,000,000.
(14)
Discrimination in $4,000,000.
(17)
Under the New York City Administrative Code Under Section 8-107(1) in an amount of
$4,000,000.
(19)
Under the New York City Administrative Code Under Section 8-107(1)(e) in the amount
of $4,000,000.
(20)
59
Commit Discrimination Under State Law Under New York State Executive Law Section
296 in the amount of $4,000,000.
(25)
Commit Discrimination Under State Law Under New York State Executive Law Section
296(7) in the amount of $4,000,000.
(26)
60
Commit Discrimination Under the New York City Administrative Code Under Section 8107(1) in the amount of $4,000,000.
(39)
Commit Discrimination Under the New York City Administrative Code Under Section
8-107(1)(e) in the amount of $4,000,000.
(40)
On the forty second cause of action by Plaintiff Snickles for Aiding and
On the forty third cause of action by Plaintiff Snickles for Aiding and
On the forty fourth cause of action by Plaintiff Snickles for Aiding and
Abetting in Discrimination Under State Law Under New York State Executive Law
Section 296 in the amount of $4,000,000.
(45)
On the forty fifth cause of action by Plaintiff Snickles for Aiding and
Abetting in Discrimination Under State Law Under New York State Executive Law
Section 296(7) in the amount of $4,000,000.
(46)
On the forty sixth cause of action by Plaintiff Snickles for Aiding and
On the forty seventh cause of action by Plaintiff Snickles for Aiding and
On the forty eighth cause of action by Plaintiff Snickles for Aiding and
61
On the forty ninth cause of action by Plaintiff Snickles for Aiding and
On the fiftieth cause of action by Plaintiff Snickles for Aiding and Abetting
On the fifth first cause of action by Plaintiff Snickles for Aiding and
On the fifty second cause of action by Plaintiff Snickles for Aiding and
On the fifty third cause of action by Plaintiff Snickles for Aiding and
On the fifty fourth cause of action by Plaintiff Snickles for Aiding and
On the fifty fifth cause of action by Plaintiff Snickles for Aiding and
On the fifty sixth cause of action by Plaintiff Snickles for Aiding and
Abetting in Discrimination Under the New York City Administrative Code Under Section
8-107(1) in the amount of $4,000,000.
(59)
On the fifty ninth cause of action by Plaintiff Snickles for Aiding and
Abetting in Discrimination Under the New York City Administrative Code Under Section
8-107(1)(e) in the amount of $4,000,000.
(60)
On the sixtieth cause of action by Plaintiff Snickles for Aiding and Abetting
62
Damages: Discrimination Under State Law Under New York State Executive Law
.Section 296 in the amount of $4,000,000.
(65)
Damages: Discrimination Under State Law Under New York State Executive Law
Section 296(7) in the amount of $4,000,000.
(66)
Damages: Discrimination Under the New York City Administrative Code Under Section
8-107(1) in the amount of $4,000,000.
(79)
Damages: Discrimination Under the New York City Administrative Code Under Section
8-107(1)(e) in the amount of $4,000,000.
(80)
. BARTOLOMEI, ESQ
LAW FFICES OF
~ HN P. BARTOLOMEI & ASSOCIATES
Atto eys for Plaintiff
335 'Buffalo Avenue
Niagara Falls, New York 14303
(716)282-2774
64
VERIFICATION BY ATTORNEY
penalties of perjury that: I am an attorney duly admitted to practice in the courts of New
York State and am the attorney of record for the Plaintiff, KIMBERLY SNICKLES, in the
within action;
I have read read the foregoing, COMPLAINT, and knows the contents thereof;
that the same is true to my own knowledge, except as to the matters stated to be
alleged upon information and belief; and that as to those matters he believes them to be
true.
The reason this verification is made by me and not by the plaintiff is that the
plaintiff resides in a county other than where we maintain our office.
The grounds of my belief as to all matters not stated upon my own knowledge
are as follows: Conversations with the plaintiff, other witnesses, review of file and all
pleadings and proceedings heretofore had herein.
II 'IIA.-
d~~
Notary Public
MARIA ;... NUCHERENO
NOTARY PUBLlCSiATE of NEW YORK
No. 01 NU4858634
Qualified in Erie County
My Commission Expires May 12, 2018
65