Preview
INDEX NO. 710970/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/27/2023
EXHIBIT A
INDEX NO. 710970/2023
(FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM
NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023
SUPREME COURT OF THESTATE OF NEW YORK
COUNTY OF QUEENS
A SSR a Sk
A Pe em ek a A OA Wk let th ak EY See EPR NSW fe: ne HL te
X INDEX NO.: }/ U 7? 0/3893
CHRISTOPHER MAGGI,
PLAINTIFF, PLAINTIOF
Fest AMEN OE
~against-
COM PLAL/ IT AS OF
THE CITY OF NEW YORK,; NEW YORK CITY /
HEALTH AND HOSPITAL CORPORATION: TANYA MOORE; IGT
HELEN ORTEGA: MICHAEL MILLINEK; AND SIXTO
VALENTIN:
DEFENDANTS.
em ae HA ae Em Yi ah lh le! ek Snpn se nt
The plaintiff, by and through his attorney Gary S. Fish, Esq., sets forth the following as
n» Ft Arend Gopant eo af Kgl por CPLR Seethon 307SCe)-
AS AND FOR. A FIRST CAUSE OF ACTION:
(HOSTILE WORK ENVIRONMENT, VIOLATION OF SECTION 296 OF NEW YORK
EXECUTIVE LAW, PLAINTIFF against DEFENDANTS)
I From on or about May 2020 . up to and including the present , plaintiff was and is
employed as a Special Police Officer , Division 6, Elmhurst Hospital, Elmhurst, Queens,
New York, by defendant NYCHHC, a division, and/or agency and/or subsidiary of
defendant The City of New York, whichatall times relevant herein , exercised dominion,
possession and/or control over defendant NYCHHC, and/or which exercised dominion,
possession and/or control over defendant Helen Ortega, on information and belief Chief
Executive Officer, and/or over defendant Michael Millinek, on information and belief, a Chief
Operating Officer (COO), and over defendant Sixto Valentin, Captain,, and over defendant
Tanya Moore,.Chief, each ofthe named defendants herein, at all times relevant herein, acted
ina managerial capacity and/or authorized and/or directed and/or ratified each of the below
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(FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM INDEX NO. 710970/2023
NYSCEF DOC. NO. $1 _ RECEIVED NYSCEF: 09/22/2023
described acts of wrongdoing, which were all committed within the scope of agency and/or
authority and/or employment on behalf of defendant NYCHHC, and/or defendant The City of
New York, which also expressly and/or impliedly ratified each below described act of
wrongdoing herein,
? The defendants, and each of them,
fe
from on or about February 2021, and at all times
relevant herein, up to and including the present, created and/or maintained and/or implemented
and/or engaged in a hostile, and/or harassing, and/or degrading and/or retaliatory work
environment directed against the plaintiff, without any bona fide occupational
qualification and/or
purpose and/or without just cause and/or without business justification, in one or more of the
following ways, in that: (a) On or about February 2021 , up to and including the present, then
defendant Sixto Valentin, accused plaintiff, a Caucasian-American, of releasing from the
premises a naked hospital patient, without permission, although the video showed that
said
hospital patient was fully clothed, and that said patient was in fact, released upon proper
hospital authorization, and there existed no bona fide occupational qualification and/or purpose
for such accusation . (b) On or about March 2022, and up to and including the present,
defendant Tanva Moore. Chief. confiscated plaintiff's personal property, including his police
memo book, and failed to safeguard same, without notice and opportunity to be heard,
substantially engaging in conduct detrimental to police functions and activities, and exposing
plaintiff to foreseeable loss of evidence and/or witnesses, and further exposing plaintif
f to
foreseeable disciplinary and/or criminal sanctions, for being without his police memo book.
( c) Nurse Elmarez falsely accused plaintiff of striking on or about December 29,
2022, a
violent individual who attacked plaintiff and spit blood and spittle in his eyes, and who bit
oD
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INDEX NO. 710970/2023
(FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM
NYSCEF DOC. NO. 431 a visu RECEIVED-NYSCEF: 09/22/2023
plaintiff's left wrist, thumb and/or hand, in an effort to deny plaintiff workers compensation
benefits, which said wrongful, intentional, egregious and outrageous conduct , beyond the bounds
of moral probity and civility, was expressly and/or impliedly ratified by defendants. (d)
defendant Tanya Moore, Chief, and defendant Sixto Valentin, Captain, and/or the
aforementioned Elmhurst Hospital defendants personnel, from on or about May 16, 2022, up to
and including the present, wrongfully removed plaintiff from the payroll, singled out
the plaintiff, a Caucasian-American , for retaliatory treatment and discrimination without any bona
fide occupational qualification, and attempted to deny and/or denied him , him his covid first
responder benefits check; and ( e) defendants Moore and/or Valentin engaged in retaliatory
and wrongful and intentional treatment of plaintiff, a Caucasian-American, because he filed
a workers compensation claim, for his on or about 12-29-22 sustained injuries by a violent hospital
patient, by attempting to get plaintiff suspended and/or disciplined, resulting in plaintiff
experiencing severe emotional pain and suffering, which will long continue.
3. The aforesaid conduct was egregious, wanton, willful, and/or oppressive, was calculated
to and did result in loss of property rights to the plaintiff, and the defendants are liable for
punitive and exemplary damages as a result thereof.
4 As aresult of defendants’ hostile work environment against plaintiff , which was
substantial, and/or continuous and/or ratified by the defendants herein, plaintiff was caused
to sustain and will sustain , loss of earnings and/or loss of earning capacity, which will long
continue, injuries to left wrist, left hand, eyes, face and head, sustained emotional patti
and suffering, including depression, incurred reasonable attorney fees and costs, and
incurred medical-related expenses, which will long continue.
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INDEX NO. 710970/2023
(FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM
NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023
Plaintiff (then claimant) timely and properly personally served a notice of claim
-
>
on Office of Corp. Counsel, City of New York, on 3-28-23, at 303PM, and also
timely and properly served a notice of claim on the relevant parties.
6. Plaintiff (then claimant) 50-h hearing was held and compieted on 5-24-23, and plaintiff
has fulfilled any and all conditions precedent to bringing the subject lawsuit herein.
AS AND FOR A SECOND CAUSE OF ACTION:
(INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS)
7. Plaintiff herewith repeats, restates and realleges Paragraphs 1-6 herein above.
8. The aforesaid conduct by defendants, and each of them, was outrageous, beyond all
bounds of moral probity and/or civility and/or righteousness, was calculated to and did result
in plaintiff sustaining severe emotional distress, and defendants are liable for intentional
infliction of severe emotional distress as result thereof.
9. The aforesaid conduct of defendants was wanton, egregious, opprobrious, was calculated
to and did result in loss of plaintiff's property rights, and defendants are liable for punitive and
exemplary damages as a result thereof. res
mC nem
NE CS AOS
smear inet tamale
saieiiniinel aam
~~
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INDEX NO. 710970/2023
(FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM
NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023
AS AND FOR A THIRD CAUSE OF ACTION:
(CONVERSION)
10. Plaintiff herewith repeats, restates and realleges Paragraphs 1-9 herein above.
11. From on or about March 2022, upto andincluding the present, defendant
Tanya Moore, within the scope of her agency and/or authority and/or employment on behalf
of defendant New York City Health and Hospital, wrongfully, intentionally, without
privilege and/or justification, exercised substantial dominion , possession and/or ownership
and/or control over plaintiff's personal property, including his police memo book, and
computer and computer-related equipment, and converted same to her benefit and control.
12. As a result of defendants’ conversion, plaintiff incurred reasonable attorney fees and
costs, and sustained loss of use of property, and incurred loss of economic and business
opportunity costs.
13. Defendants’ conversion was egregious, wanton, heinous, oppressive, was calculated
to and did result in loss of property to plaintiff, and defendants are liable for punitive and
exemplary damages as aresult thereof.
AS AND FOR A FOURTH CAUSE OF ACTION:
(UNJUST ENRICHMENT)
14. Plaintiff herewith repeats, restates and realleges Paragraphs 1-13 herein above.
15. Defendants became inequitably, wrongly, and unjustly enriched by exercising
ownership and/or dominion and/or possession and/or control over plaintiff's personal
property.
16. Plaintiff has no adequate remedy at law.
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INDEX NO. 710970/2023
(FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM
NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023
WHEREFORE, plaintiff prays for relief as follows:
AS AND FOR EACH OF THE FIRST AND SECOND CAUSES OF ACTION:
] General damages in the amount of $5,000,000.00 (Five Million Dollars and Zero Cents);
2 Punitive and exemplary damages in the amount o $15,000,000.00 (Fifteen Million Dollars
and Zero Cents);
3 Disbursements; and
4 Any other just relief deemed proper by the Court.
AS AND FOR A THIRD CAUSE OF ACTION:
| Damages in the amount of $150,000.00 (One Hundred Fifty Thousand Dollars and Zero
Cents);
Reasonable attorney fees and costs;
Pre-judgment interest at maximum rate prevailing under New York law, from March 1,
2022 up to and including the present;
4 Disbursements; and
5 Any other just relief deemed proper by the Court.
AS AND FOR A FOURTH CAUSE OF ACTION:
Damages in the amount of $150,000.00 (One Hundred Fifty Thousand Dollars and Zero
Cents);
Costs;
Disbursements; and
Any other just relief deemed proper by the Court.
DATED: NY, NY; 9-22-23 Respectfully submitted,
\
Gary Fi Sq., O12) 964-5073 Attorney for
Pla iff, Vesey Street, #210, NY, NY 10007
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Preview
INDEX NO. 710970/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/27/2023 EXHIBIT A INDEX NO. 710970/2023 (FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023 SUPREME COURT OF THESTATE OF NEW YORK COUNTY OF QUEENS A SSR a Sk A Pe em ek a A OA Wk let th ak EY See EPR NSW fe: ne HL te X INDEX NO.: }/ U 7? 0/3893 CHRISTOPHER MAGGI, PLAINTIFF, PLAINTIOF Fest AMEN OE ~against- COM PLAL/ IT AS OF THE CITY OF NEW YORK,; NEW YORK CITY / HEALTH AND HOSPITAL CORPORATION: TANYA MOORE; IGT HELEN ORTEGA: MICHAEL MILLINEK; AND SIXTO VALENTIN: DEFENDANTS. em ae HA ae Em Yi ah lh le! ek Snpn se nt The plaintiff, by and through his attorney Gary S. Fish, Esq., sets forth the following as n» Ft Arend Gopant eo af Kgl por CPLR Seethon 307SCe)- AS AND FOR. A FIRST CAUSE OF ACTION: (HOSTILE WORK ENVIRONMENT, VIOLATION OF SECTION 296 OF NEW YORK EXECUTIVE LAW, PLAINTIFF against DEFENDANTS) I From on or about May 2020 . up to and including the present , plaintiff was and is employed as a Special Police Officer , Division 6, Elmhurst Hospital, Elmhurst, Queens, New York, by defendant NYCHHC, a division, and/or agency and/or subsidiary of defendant The City of New York, whichatall times relevant herein , exercised dominion, possession and/or control over defendant NYCHHC, and/or which exercised dominion, possession and/or control over defendant Helen Ortega, on information and belief Chief Executive Officer, and/or over defendant Michael Millinek, on information and belief, a Chief Operating Officer (COO), and over defendant Sixto Valentin, Captain,, and over defendant Tanya Moore,.Chief, each ofthe named defendants herein, at all times relevant herein, acted ina managerial capacity and/or authorized and/or directed and/or ratified each of the below -|- 1 of 6 (FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM INDEX NO. 710970/2023 NYSCEF DOC. NO. $1 _ RECEIVED NYSCEF: 09/22/2023 described acts of wrongdoing, which were all committed within the scope of agency and/or authority and/or employment on behalf of defendant NYCHHC, and/or defendant The City of New York, which also expressly and/or impliedly ratified each below described act of wrongdoing herein, ? The defendants, and each of them, fe from on or about February 2021, and at all times relevant herein, up to and including the present, created and/or maintained and/or implemented and/or engaged in a hostile, and/or harassing, and/or degrading and/or retaliatory work environment directed against the plaintiff, without any bona fide occupational qualification and/or purpose and/or without just cause and/or without business justification, in one or more of the following ways, in that: (a) On or about February 2021 , up to and including the present, then defendant Sixto Valentin, accused plaintiff, a Caucasian-American, of releasing from the premises a naked hospital patient, without permission, although the video showed that said hospital patient was fully clothed, and that said patient was in fact, released upon proper hospital authorization, and there existed no bona fide occupational qualification and/or purpose for such accusation . (b) On or about March 2022, and up to and including the present, defendant Tanva Moore. Chief. confiscated plaintiff's personal property, including his police memo book, and failed to safeguard same, without notice and opportunity to be heard, substantially engaging in conduct detrimental to police functions and activities, and exposing plaintiff to foreseeable loss of evidence and/or witnesses, and further exposing plaintif f to foreseeable disciplinary and/or criminal sanctions, for being without his police memo book. ( c) Nurse Elmarez falsely accused plaintiff of striking on or about December 29, 2022, a violent individual who attacked plaintiff and spit blood and spittle in his eyes, and who bit oD 2 of 6 INDEX NO. 710970/2023 (FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM NYSCEF DOC. NO. 431 a visu RECEIVED-NYSCEF: 09/22/2023 plaintiff's left wrist, thumb and/or hand, in an effort to deny plaintiff workers compensation benefits, which said wrongful, intentional, egregious and outrageous conduct , beyond the bounds of moral probity and civility, was expressly and/or impliedly ratified by defendants. (d) defendant Tanya Moore, Chief, and defendant Sixto Valentin, Captain, and/or the aforementioned Elmhurst Hospital defendants personnel, from on or about May 16, 2022, up to and including the present, wrongfully removed plaintiff from the payroll, singled out the plaintiff, a Caucasian-American , for retaliatory treatment and discrimination without any bona fide occupational qualification, and attempted to deny and/or denied him , him his covid first responder benefits check; and ( e) defendants Moore and/or Valentin engaged in retaliatory and wrongful and intentional treatment of plaintiff, a Caucasian-American, because he filed a workers compensation claim, for his on or about 12-29-22 sustained injuries by a violent hospital patient, by attempting to get plaintiff suspended and/or disciplined, resulting in plaintiff experiencing severe emotional pain and suffering, which will long continue. 3. The aforesaid conduct was egregious, wanton, willful, and/or oppressive, was calculated to and did result in loss of property rights to the plaintiff, and the defendants are liable for punitive and exemplary damages as a result thereof. 4 As aresult of defendants’ hostile work environment against plaintiff , which was substantial, and/or continuous and/or ratified by the defendants herein, plaintiff was caused to sustain and will sustain , loss of earnings and/or loss of earning capacity, which will long continue, injuries to left wrist, left hand, eyes, face and head, sustained emotional patti and suffering, including depression, incurred reasonable attorney fees and costs, and incurred medical-related expenses, which will long continue. -3- 3 of 6 INDEX NO. 710970/2023 (FILED: QUEENS COUNTY CLERK @9722/72023 03:58 RM NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023 Plaintiff (then claimant) timely and properly personally served a notice of claim - > on Office of Corp. Counsel, City of New York, on 3-28-23, at 303PM, and also timely and properly served a notice of claim on the relevant parties. 6. Plaintiff (then claimant) 50-h hearing was held and compieted on 5-24-23, and plaintiff has fulfilled any and all conditions precedent to bringing the subject lawsuit herein. AS AND FOR A SECOND CAUSE OF ACTION: (INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS) 7. Plaintiff herewith repeats, restates and realleges Paragraphs 1-6 herein above. 8. The aforesaid conduct by defendants, and each of them, was outrageous, beyond all bounds of moral probity and/or civility and/or righteousness, was calculated to and did result in plaintiff sustaining severe emotional distress, and defendants are liable for intentional infliction of severe emotional distress as result thereof. 9. The aforesaid conduct of defendants was wanton, egregious, opprobrious, was calculated to and did result in loss of plaintiff's property rights, and defendants are liable for punitive and exemplary damages as a result thereof. res mC nem NE CS AOS smear inet tamale saieiiniinel aam ~~ 4 of 6 INDEX NO. 710970/2023 (FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023 AS AND FOR A THIRD CAUSE OF ACTION: (CONVERSION) 10. Plaintiff herewith repeats, restates and realleges Paragraphs 1-9 herein above. 11. From on or about March 2022, upto andincluding the present, defendant Tanya Moore, within the scope of her agency and/or authority and/or employment on behalf of defendant New York City Health and Hospital, wrongfully, intentionally, without privilege and/or justification, exercised substantial dominion , possession and/or ownership and/or control over plaintiff's personal property, including his police memo book, and computer and computer-related equipment, and converted same to her benefit and control. 12. As a result of defendants’ conversion, plaintiff incurred reasonable attorney fees and costs, and sustained loss of use of property, and incurred loss of economic and business opportunity costs. 13. Defendants’ conversion was egregious, wanton, heinous, oppressive, was calculated to and did result in loss of property to plaintiff, and defendants are liable for punitive and exemplary damages as aresult thereof. AS AND FOR A FOURTH CAUSE OF ACTION: (UNJUST ENRICHMENT) 14. Plaintiff herewith repeats, restates and realleges Paragraphs 1-13 herein above. 15. Defendants became inequitably, wrongly, and unjustly enriched by exercising ownership and/or dominion and/or possession and/or control over plaintiff's personal property. 16. Plaintiff has no adequate remedy at law. 5- 5 of 6 INDEX NO. 710970/2023 (FILED: QUEENS COUNTY CLERK @9/722/2023 3:58 RM NYSCEF DOC. NO. $1 RECEIVED NYSCEF: 09/22/2023 WHEREFORE, plaintiff prays for relief as follows: AS AND FOR EACH OF THE FIRST AND SECOND CAUSES OF ACTION: ] General damages in the amount of $5,000,000.00 (Five Million Dollars and Zero Cents); 2 Punitive and exemplary damages in the amount o $15,000,000.00 (Fifteen Million Dollars and Zero Cents); 3 Disbursements; and 4 Any other just relief deemed proper by the Court. AS AND FOR A THIRD CAUSE OF ACTION: | Damages in the amount of $150,000.00 (One Hundred Fifty Thousand Dollars and Zero Cents); Reasonable attorney fees and costs; Pre-judgment interest at maximum rate prevailing under New York law, from March 1, 2022 up to and including the present; 4 Disbursements; and 5 Any other just relief deemed proper by the Court. AS AND FOR A FOURTH CAUSE OF ACTION: Damages in the amount of $150,000.00 (One Hundred Fifty Thousand Dollars and Zero Cents); Costs; Disbursements; and Any other just relief deemed proper by the Court. DATED: NY, NY; 9-22-23 Respectfully submitted, \ Gary Fi Sq., O12) 964-5073 Attorney for Pla iff, Vesey Street, #210, NY, NY 10007 6- 6 of 6