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FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
K. N.,
Index no.
Plaintiff,
VERIFIED COMPLAINT
v.
NEW YORK CITY HEALTH + HOSPITALS, NYC
HEALTH+ HOSPITALS/ KINGS COUNTY, NURSE
STAFFING, LLC, d/b/a NURSES 24/7 TANIA
HERNANDEZ, and THE CITY OF NEW YORK,
Defendants.
Plaintiff K. N., by her attorneys SONIN & GENIS, LLC., as and for her
VERIFIED COMPLAINT sets forth and alleges as follows:
CONDITIONS PRECEDENT TO THIS ACTION
1. On or about January 22, 2024, pursuant to Gen. Mun. Law §50-e, a duly
executed Notice of Claim was properly and timely served upon defendants THE
CITY OF NEW YORK, NEW YORK CITY HEALTH + HOSPITALS, NYC
HEALTH+ HOSPITALS/ KINGS COUNTY. (Exhibit A).
2. That said Notice of Claim was served more than sixty (60) days prior to the
commencement of this action.
3. On or about April 12, 2024, a hearing of K. N. was held pursuant to Gen. Mun.
§50.
4. Pursuant to Gen. Mun. §50-I, at least thirty (30) days have elapsed since the
service of the Notices of Claim.
5. That said claim remains unadjusted and/or payment thereof has been neglected
or refused by Defendants.
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6. This action was commenced within one (1) year of the date of the occurrence
herein.
THE PARTIES
7. Plaintiff is a resident of the State of New York, residing in Kings County.
8. The Defendant CITY OF NEW YORK was and still is a municipal corporation
duly organized and existing under and by virtue of the laws of the State of New
York.
9. At all times mentioned, defendant the NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION. (“HHC”), was and is a public benefit corporation
duly existing under and by virtue of the laws of the State of New York.
10. Defendant NYC HEALTH+ HOSPITALS/ KINGS COUNTY (“KINGS
HOSPITAL”) was and is owned, operated, managed, maintained and controlled
by defendant HHC.
11. Defendant KINGS HOSPITAL by its agents, servants, and/or employees was
and still is a division of HHC duly organized and licensed under and by virtue of
the laws of the State of New York, operating as a hospital and is located at 451
Clarkson Avenue Brooklyn, NY 11203
12. Defendant KINGS HOSPITAL was and is a Level 1 Trauma Center, organized
and operated under the laws of the State of New York.
13. Defendant, KINGS HOSPITAL was and is accredited by the Joint Commission
on the Accreditation of Hospitals.
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14. Defendant, KINGS HOSPITAL owned, operated, and managed and maintained
a hospital facility located at 451 Clarkson Avenue, Brooklyn, New York 11203.
15. Defendant NURSE STAFFING, LLC, at all times herein mentioned, conducted
and carried on business in the City, County, and State of New York
16. Defendant NURSE STAFFING, LLC, was at all times herein, a foreign
corporation organized and existing under the laws of the State of Delaware and
licensed to do business in the State of New York.
17. Defendant NURSE STAFFING, LLC, was at all times herein, a foreign limited
liability corporation organized and existing under the laws of the State of
Delaware and licensed to do business in the State of New York.
18. Defendant NURSE STAFFING, LLC, at all times here mentioned derived
substantial revenue from goods used or consumed or services rendered in the
State of New York.
19. At all times hereinafter mentioned, Defendant NURSE STAFFING, LLC,
expected or reasonably should have expected its acts to have consequences in the
State of New York,
20. Upon information and belief, Defendant NURSE STAFFING, LLC did business
as NURSES 24/7 in the state of New York.
21. Upon information and belief, Defendant NURSE STAFFING, LLC did business
as NURSES 24/7 in the state of New York on November 7, 2023.
22. Upon information and belief, Defendant NURSE STAFFING, LLC did business
as NURSES 24/7 in the state of New York on November 8, 2023.
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23. Defendant NURSE STAFFING LLC d/b/a NURSES 24/7 has principal place of
business at 1225 Franklin Avenue, Suite 325, Garden City, NY 11530
24. That at all times hereinafter mentioned, Defendant NURSE STAFFING, LLC
d/b/a NURSES 24/7, provided Registered Nurses for temporary positions to the
defendants CITY OF NEW YORK, NEW YORK CITY HEALTH + HOSPITALS,
and/or NYC HEALTH+ HOSPITALS/ KINGS COUNTY.
25. The defendant Tania Hernandez is, upon information and belief, is a resident of
New York State.
26. Upon information and belief, prior to November 8, 2023, and continuing
thereafter through to the present, Defendant Tania Hernandez was an
employee/agent/servant of Defendants NEW YORK CITY HEALTH +
HOSPITAL and NYC HEALTH + HOSPITAL/KINGS.
27. Upon information and belief, prior to November 8, 2023, and continuing
thereafter through to the present, Defendant Tania Hernandez was an
employee/agent/servant of Defendants NURSE STAFFING, LLC d/b/a NURSES
24/7.
28. Upon information and belief, Defendant Tania Hernandez was employed by
Defendants as a Registered Nurse.
29. At all times hereinafter mentioned, Defendant Tania Hernandez was acting
within the scope of her employment with the defendants HHC, KINGS
HOSPITAL, and/or NURSE STAFFING LLC d/b/a NURSES 24/7.
30. Defendants are vicariously liable for the act(s)/omissions(s) of Tania Hernandez.
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31. Defendants are responsible under the doctrine of respondeat superior for the
act(s)/omissions(s) of Tania Hernandez.
FACTUAL PREDICATE OF MATTER
32. On November 8, 2023, at 451 Clarkson Avenue, Brooklyn, New York 11203,
Tania Hernandez did sexually assault K. N.
33. Defendant Tania Hernandez used her position of trust and confidence in an
abusive manner causing Plaintiff to suffer a variety of personal injuries
including but not limited to shock, humiliation, emotional distress and related
physical manifestations thereof, embarrassment, loss of self- esteem, disgrace,
and negative impacts on her life, social relationships and performance at work.
34. Defendants had knowledge and notice of Tania Hernandez unsafe or anti-social
propensities or proclivities.
35. Defendants had knowledge and notice of Tania Hernandez history of assault or
violence.
36. Defendants knew or should have known of their duty or heightened duty to
properly supervise, monitor and train Tania Hernandez.
37. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was acting inappropriately with K. N.
38. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was acting inappropriately with K. N.
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39. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was violating applicable laws, rules, regulations and
guidelines in her conduct with respect to K. N.
40. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was violating applicable laws, rules, regulations and
guidelines in her conduct with respect to K. N.
41. Defendants knew that they were supposed to give Tania Hernandez adequate
and proper training so that she would know not to sexually assault patients.
FIRST CAUSE OF ACTION: ASSAULT
42. Plaintiff repeats and realleges all preceding paragraphs as if fully set forth
herein.
43. Defendant Tania Hernandez’s predatory, abusive, manipulative and unlawful
acts against K. N. created a reasonable apprehension in K. N. of immediate
harmful or offensive contact to K. N.’s person, all of which were done
intentionally by defendant Tania Hernandez to K. N. without K. N.’s consent.
44. As a direct and proximate result of the aforementioned assaults, K. N. has
sustained in the past, and will continue to sustain in the future, serious and
severe psychological injuries and emotional distress, mental anguish, shame,
embarrassment and humiliation.
45. As a direct and proximate result of the aforementioned assaults, K. N. has
incurred medical expenses and other economic damages and will be obligated to
expend sums of money for medical care and attention in an effort to cure herself
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of her injuries and to alleviate her pain and suffering, emotional distress, mental
anguish, embarrassment and humiliation.
46. By reason of the foregoing, plaintiff K. N. is entitled to compensatory damages
from defendants in such sums as a jury would find fair, just and adequate.
47. The amount of damages sought exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
SECOND CAUSE OF ACTION: BATTERY
48. Plaintiff repeats and realleges all preceding paragraphs as if fully set forth
herein.
49. Defendant Tania Hernandez’s predatory, sexual, and unlawful acts against K. N.
amounted to a series of harmful and offensive contacts to K. N.’s person all of
which were done intentionally by defendant Tania Hernandez to K. N. without
K. N.’s consent.
50. As a direct and proximate result of the aforementioned batteries, K. N. has
sustained in the past, and will continue to sustain in the future, physical injury,
pain and suffering, serious and severe psychological and emotional distress,
mental anguish, embarrassment and humiliation.
51. As a direct and proximate result of the aforementioned batteries, K. N. has
incurred medical expenses and other economic damages, and continues to
experience physical pain and suffering, and will be obligated to expend sums of
money for medical care and attention in an effort to cure herself of her injuries
and to alleviate her pain and suffering, emotional distress, mental anguish,
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embarrassment and humiliation.
52. By reason of the foregoing, plaintiff K. N. is entitled to compensatory damages
from defendant Tania Hernandez in such sums as a jury would find fair, just,
and adequate.
THIRD CAUSE OF ACTION: NEGLIGENT HIRING, RETENTION,
SUPERVISION AND/OR DIRECTION
53. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set
forth at length.
54. Defendants at all relevant times, had a duty to supervise and prevent known
risks of harm to its patients by its doctors and staff.
55. Defendants were negligent in hiring, retaining, monitoring, directing and
supervising its personnel, such as Tania Hernandez, who were careless,
unskillful, negligent, reckless and acted in a willful and wanton manner in not
possessing the requisite knowledge and skill of its employees who should have
properly been supervising Tania Hernandez to ensure the safety of individuals,
such as K. N.
56. Defendants failed to properly supervise, monitor, safeguard and protect plaintiff.
57. Defendants failed to properly supervise, monitor, and train Tania Hernandez.
58. Defendants had knowledge and notice of Tania Hernandez unsafe or anti-social
propensities or proclivities.
59. Defendants had knowledge and notice of Tania Hernandez history of assault or
violence.
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60. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was acting inappropriately with K. N.
61. Defendants knew or in the exercise of reasonable care should have known that
Tania Hernandez was violating applicable laws, rules, regulations and
guidelines in her conduct with respect to K. N.
62. As a proximate result of Defendants’ negligent hiring, training, supervising,
monitoring and retention of Tania Hernandez, plaintiff was caused to suffer
serious personal injuries, emotional distress, conscious pain and suffering,
mental anguish and/or physical manifestations thereof, and other losses, all of
which have not as yet been ascertained.
63. As a proximate result of Defendants’ negligent supervision, monitoring,
safeguarding K. N., plaintiff was caused to suffer serious personal injuries,
emotional distress, conscious pain and suffering, mental anguish and/or physical
manifestations thereof, and other losses, all of which have not as yet been
ascertained.
64. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction
and within this court’s jurisdiction.
FOURTH CAUSE OF ACTION: NEGLIGENCE
65. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set
forth at length.
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66. Defendants knew or negligently failed to know that Tania Hernandez posed a
threat of sexual abuse to the patients of Kings Hospital.
67. At all relevant times Defendants and/or their agents, servants and/or employees
breached the above stated duty in a negligent, reckless, willful and wanton
manner, and caused or allowed plaintiff to be sexually assaulted by Tania
Hernandez while on Defendants’ premises.
68. As the result of Defendants’ failure to carry out its duty to plaintiff, as described
above, plaintiff was caused to experience severe psychological injuries and
personal injuries that are persistent, permanent and debilitating in nature.
69. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction
and within this court’s jurisdiction.
FIFTH CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL
DISTRESS
70. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set
forth at length.
71. As described above, Defendants acted in a negligent and/or grossly negligent
manner.
72. Defendants and their agents, servants and/or employees knew or reasonably
should have known that the sexual abuse and other improper conduct would and
did proximately result in physical and emotional distress to plaintiff.
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73. Defendants had the power, ability, authority and duty to intervene with and/or
stop the improper conduct that resulted in plaintiff being sexually abused by
Tania Hernandez.
74. The actions of Defendants endangered plaintiff's safety and caused her to fear
for her own safety.
75. As a direct and proximate result of the actions of Defendants, which included,
but were not limited to, negligent and/or grossly negligent conduct, plaintiff
suffered severe injuries and damages as described herein, including, but not
limited to, mental and emotional distress.
76. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction
and within this court’s jurisdiction.
SIXTH CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS
77. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set
forth at length.
78. Defendants employed Tania Hernandez as Plaintiff's nurse during the time
Tania Hernandez molested Plaintiff.
79. During the time of molestation, Tania Hernandez knew she would cause, or
disregarded the substantial probability that she would cause, severe emotional
distress to the plaintiff.
80. It was part of Tania Hernandez's scheme to gain Plaintiff's trust.
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81. Tania Hernandez used and exploited that position of trust, and the
representations made by defendants about her character which accompanied
that position, to gain Plaintiff’s trust and confidence and to create opportunities
to violate and sexually exploit the plaintiff.
82. Defendants knew and/or disregarded the substantial probability that Tania
Hernandez's conduct would cause severe emotional distress to Plaintiff.
83. Plaintiff suffered, and continues to suffer, severe emotional distress, including
psychological and emotional injury as described above.
84. This distress was caused by Tania Hernandez's sexual abuse of Plaintiff.
85. The sexual abuse of Plaintiff was extreme and outrageous conduct, beyond all
possible bounds of decency, atrocious and intolerable in a civilized community.
86. Defendants are liable for Tania Hernandez's conduct under the doctrine of
respondeat superior.
87. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction
and within this court’s jurisdiction.
SEVENTH CAUSE OF ACTION: COMMITTING AND ENABLING GENDER
VIOLENCE
88. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set
forth at length.
89. Tania Hernandez's acts of misconduct committed against Plaintiff, as set-forth
herein, including the sexual harassment, grooming, exploitation, molestation
and abuse of the Plaintiff constitutes gender-violence under N.Y.C. Admin. Code
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Chapter 11 §§ 1101 - 1107 and a form of sex discrimination in that one or more
of Tania Hernandez's acts would constitute a criminal offense under New York
State Laws that has as an element of the use, attempted use, or threatened use
of physical force against the person of another, committed at least in part based
on the gender of the victim, whether or not those acts have resulted in criminal
complaints, charges, prosecution, or conviction.
90. The criminal offenses and criminal acts committed by Tania Hernandez include,
but are not limited to, N.Y. Penal §§ 130.00; 130.05; 130.10; 130.16; 130.20;
130.52; and 130.55.
91. Tania Hernandez's deviant and abusive acts committed against Plaintiff, as set
forth herein, including the sexual harassment, exploitation, molestation and
abuse of Plaintiff, constitutes gender-violence and a form of gender
discrimination.
92. Tania Hernandez's conduct referenced herein caused serious physical and
mental injuries upon plaintiff, her body, person, and mental health, was a
physical intrusion and/or physical invasion of a sexual nature upon Plaintiff
under coercive conditions, whether or not those acts have resulted in criminal
complaints, charges, prosecution, or conviction, and was committed by Tania
Hernandez with animus, and malice, on account of plaintiffs' gender.
93. Defendant Kings Hospital knew not only of Tania Hernandez's propensity to
commit such acts, but also enabled Tania Hernandez to commit those acts by
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providing Tania Hernandez with access to the Kings Hospital's patients, as well
bestowing upon her authority over those patients.
94. By ignoring, dismissing, and failing to take any action against Tania Hernandez,
such as firing her, reporting her to the police, and/or reporting her to the New
York State Medical Board, Defendant Kings Hospital, enabled the abuse.
95. Further, Defendant Kings Hospital's enabling of Tania Hernandez's sexually
exploitative, abusive, and criminal acts was done with animus and malice and a
reckless disregard for the rights, safety and wellbeing of the abused, as Plaintiff.
96. As a proximate result of Tania Hernandez's acts, as well as Kings Hospital's
enabling of those acts, Plaintiff is entitled to actual damages, compensatory
damages, punitive damages, injunctive relief, legal disbursements, legal fees,
any combination of those, or any other appropriate relief against Defendant
Kings Hospital.
97. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction
and within this court’s jurisdiction.
NO APPORTIONMENT OF LIABILITY
98. One or more of the exemptions set forth in CPLR 1601 and 1602 applies, which
precludes Defendants from limiting their liability by apportioning some portion
of total liability to any joint tortfeasor.
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RELIEF SOUGHT
WHEREFORE, plaintiff demands judgment against defendants, jointly,
severally and individually, on each and every cause of action as follows:
A. Awarding compensatory damages in an amount to be proven at trial, but in
any event in an amount that exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction;
B. Awarding prejudgment interest to the extent permitted by law;
C. Awarding costs and fees of this action, including attorneys' fees, to the extent
permitted by law; AND
D. Awarding such other and further relief as to this Court may seem just and
proper.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
Dated: Bronx, NY
May 14, 2024
Robert J. Genis
Robert J. Genis
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CLIENT VERIFICATION
being duly sworn and deposed, says: I am the plaintiff in
the within action and I have read the foregoing complaint and know the contents
thereof; that the same is true to my own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to those matters I
believe to be true.
I affirm Mot
this <_f_ day of , 20 / under the penalties of perjury under
the laws of New York,
which may nclude a fine or imprisonment, that the foregoing
is true, and I understand that this document may be filed in an action or proceeding
in a Court of Law.
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FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS K. N., Index no. Plaintiff, VERIFIED COMPLAINT v. NEW YORK CITY HEALTH + HOSPITALS, NYC HEALTH+ HOSPITALS/ KINGS COUNTY, NURSE STAFFING, LLC, d/b/a NURSES 24/7 TANIA HERNANDEZ, and THE CITY OF NEW YORK, Defendants. Plaintiff K. N., by her attorneys SONIN & GENIS, LLC., as and for her VERIFIED COMPLAINT sets forth and alleges as follows: CONDITIONS PRECEDENT TO THIS ACTION 1. On or about January 22, 2024, pursuant to Gen. Mun. Law §50-e, a duly executed Notice of Claim was properly and timely served upon defendants THE CITY OF NEW YORK, NEW YORK CITY HEALTH + HOSPITALS, NYC HEALTH+ HOSPITALS/ KINGS COUNTY. (Exhibit A). 2. That said Notice of Claim was served more than sixty (60) days prior to the commencement of this action. 3. On or about April 12, 2024, a hearing of K. N. was held pursuant to Gen. Mun. §50. 4. Pursuant to Gen. Mun. §50-I, at least thirty (30) days have elapsed since the service of the Notices of Claim. 5. That said claim remains unadjusted and/or payment thereof has been neglected or refused by Defendants. 1 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 6. This action was commenced within one (1) year of the date of the occurrence herein. THE PARTIES 7. Plaintiff is a resident of the State of New York, residing in Kings County. 8. The Defendant CITY OF NEW YORK was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 9. At all times mentioned, defendant the NEW YORK CITY HEALTH AND HOSPITALS CORPORATION. (“HHC”), was and is a public benefit corporation duly existing under and by virtue of the laws of the State of New York. 10. Defendant NYC HEALTH+ HOSPITALS/ KINGS COUNTY (“KINGS HOSPITAL”) was and is owned, operated, managed, maintained and controlled by defendant HHC. 11. Defendant KINGS HOSPITAL by its agents, servants, and/or employees was and still is a division of HHC duly organized and licensed under and by virtue of the laws of the State of New York, operating as a hospital and is located at 451 Clarkson Avenue Brooklyn, NY 11203 12. Defendant KINGS HOSPITAL was and is a Level 1 Trauma Center, organized and operated under the laws of the State of New York. 13. Defendant, KINGS HOSPITAL was and is accredited by the Joint Commission on the Accreditation of Hospitals. 2 2 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 14. Defendant, KINGS HOSPITAL owned, operated, and managed and maintained a hospital facility located at 451 Clarkson Avenue, Brooklyn, New York 11203. 15. Defendant NURSE STAFFING, LLC, at all times herein mentioned, conducted and carried on business in the City, County, and State of New York 16. Defendant NURSE STAFFING, LLC, was at all times herein, a foreign corporation organized and existing under the laws of the State of Delaware and licensed to do business in the State of New York. 17. Defendant NURSE STAFFING, LLC, was at all times herein, a foreign limited liability corporation organized and existing under the laws of the State of Delaware and licensed to do business in the State of New York. 18. Defendant NURSE STAFFING, LLC, at all times here mentioned derived substantial revenue from goods used or consumed or services rendered in the State of New York. 19. At all times hereinafter mentioned, Defendant NURSE STAFFING, LLC, expected or reasonably should have expected its acts to have consequences in the State of New York, 20. Upon information and belief, Defendant NURSE STAFFING, LLC did business as NURSES 24/7 in the state of New York. 21. Upon information and belief, Defendant NURSE STAFFING, LLC did business as NURSES 24/7 in the state of New York on November 7, 2023. 22. Upon information and belief, Defendant NURSE STAFFING, LLC did business as NURSES 24/7 in the state of New York on November 8, 2023. 3 3 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 23. Defendant NURSE STAFFING LLC d/b/a NURSES 24/7 has principal place of business at 1225 Franklin Avenue, Suite 325, Garden City, NY 11530 24. That at all times hereinafter mentioned, Defendant NURSE STAFFING, LLC d/b/a NURSES 24/7, provided Registered Nurses for temporary positions to the defendants CITY OF NEW YORK, NEW YORK CITY HEALTH + HOSPITALS, and/or NYC HEALTH+ HOSPITALS/ KINGS COUNTY. 25. The defendant Tania Hernandez is, upon information and belief, is a resident of New York State. 26. Upon information and belief, prior to November 8, 2023, and continuing thereafter through to the present, Defendant Tania Hernandez was an employee/agent/servant of Defendants NEW YORK CITY HEALTH + HOSPITAL and NYC HEALTH + HOSPITAL/KINGS. 27. Upon information and belief, prior to November 8, 2023, and continuing thereafter through to the present, Defendant Tania Hernandez was an employee/agent/servant of Defendants NURSE STAFFING, LLC d/b/a NURSES 24/7. 28. Upon information and belief, Defendant Tania Hernandez was employed by Defendants as a Registered Nurse. 29. At all times hereinafter mentioned, Defendant Tania Hernandez was acting within the scope of her employment with the defendants HHC, KINGS HOSPITAL, and/or NURSE STAFFING LLC d/b/a NURSES 24/7. 30. Defendants are vicariously liable for the act(s)/omissions(s) of Tania Hernandez. 4 4 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 31. Defendants are responsible under the doctrine of respondeat superior for the act(s)/omissions(s) of Tania Hernandez. FACTUAL PREDICATE OF MATTER 32. On November 8, 2023, at 451 Clarkson Avenue, Brooklyn, New York 11203, Tania Hernandez did sexually assault K. N. 33. Defendant Tania Hernandez used her position of trust and confidence in an abusive manner causing Plaintiff to suffer a variety of personal injuries including but not limited to shock, humiliation, emotional distress and related physical manifestations thereof, embarrassment, loss of self- esteem, disgrace, and negative impacts on her life, social relationships and performance at work. 34. Defendants had knowledge and notice of Tania Hernandez unsafe or anti-social propensities or proclivities. 35. Defendants had knowledge and notice of Tania Hernandez history of assault or violence. 36. Defendants knew or should have known of their duty or heightened duty to properly supervise, monitor and train Tania Hernandez. 37. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was acting inappropriately with K. N. 38. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was acting inappropriately with K. N. 5 5 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 39. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was violating applicable laws, rules, regulations and guidelines in her conduct with respect to K. N. 40. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was violating applicable laws, rules, regulations and guidelines in her conduct with respect to K. N. 41. Defendants knew that they were supposed to give Tania Hernandez adequate and proper training so that she would know not to sexually assault patients. FIRST CAUSE OF ACTION: ASSAULT 42. Plaintiff repeats and realleges all preceding paragraphs as if fully set forth herein. 43. Defendant Tania Hernandez’s predatory, abusive, manipulative and unlawful acts against K. N. created a reasonable apprehension in K. N. of immediate harmful or offensive contact to K. N.’s person, all of which were done intentionally by defendant Tania Hernandez to K. N. without K. N.’s consent. 44. As a direct and proximate result of the aforementioned assaults, K. N. has sustained in the past, and will continue to sustain in the future, serious and severe psychological injuries and emotional distress, mental anguish, shame, embarrassment and humiliation. 45. As a direct and proximate result of the aforementioned assaults, K. N. has incurred medical expenses and other economic damages and will be obligated to expend sums of money for medical care and attention in an effort to cure herself 6 6 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 of her injuries and to alleviate her pain and suffering, emotional distress, mental anguish, embarrassment and humiliation. 46. By reason of the foregoing, plaintiff K. N. is entitled to compensatory damages from defendants in such sums as a jury would find fair, just and adequate. 47. The amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. SECOND CAUSE OF ACTION: BATTERY 48. Plaintiff repeats and realleges all preceding paragraphs as if fully set forth herein. 49. Defendant Tania Hernandez’s predatory, sexual, and unlawful acts against K. N. amounted to a series of harmful and offensive contacts to K. N.’s person all of which were done intentionally by defendant Tania Hernandez to K. N. without K. N.’s consent. 50. As a direct and proximate result of the aforementioned batteries, K. N. has sustained in the past, and will continue to sustain in the future, physical injury, pain and suffering, serious and severe psychological and emotional distress, mental anguish, embarrassment and humiliation. 51. As a direct and proximate result of the aforementioned batteries, K. N. has incurred medical expenses and other economic damages, and continues to experience physical pain and suffering, and will be obligated to expend sums of money for medical care and attention in an effort to cure herself of her injuries and to alleviate her pain and suffering, emotional distress, mental anguish, 7 7 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 embarrassment and humiliation. 52. By reason of the foregoing, plaintiff K. N. is entitled to compensatory damages from defendant Tania Hernandez in such sums as a jury would find fair, just, and adequate. THIRD CAUSE OF ACTION: NEGLIGENT HIRING, RETENTION, SUPERVISION AND/OR DIRECTION 53. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set forth at length. 54. Defendants at all relevant times, had a duty to supervise and prevent known risks of harm to its patients by its doctors and staff. 55. Defendants were negligent in hiring, retaining, monitoring, directing and supervising its personnel, such as Tania Hernandez, who were careless, unskillful, negligent, reckless and acted in a willful and wanton manner in not possessing the requisite knowledge and skill of its employees who should have properly been supervising Tania Hernandez to ensure the safety of individuals, such as K. N. 56. Defendants failed to properly supervise, monitor, safeguard and protect plaintiff. 57. Defendants failed to properly supervise, monitor, and train Tania Hernandez. 58. Defendants had knowledge and notice of Tania Hernandez unsafe or anti-social propensities or proclivities. 59. Defendants had knowledge and notice of Tania Hernandez history of assault or violence. 8 8 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 60. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was acting inappropriately with K. N. 61. Defendants knew or in the exercise of reasonable care should have known that Tania Hernandez was violating applicable laws, rules, regulations and guidelines in her conduct with respect to K. N. 62. As a proximate result of Defendants’ negligent hiring, training, supervising, monitoring and retention of Tania Hernandez, plaintiff was caused to suffer serious personal injuries, emotional distress, conscious pain and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which have not as yet been ascertained. 63. As a proximate result of Defendants’ negligent supervision, monitoring, safeguarding K. N., plaintiff was caused to suffer serious personal injuries, emotional distress, conscious pain and suffering, mental anguish and/or physical manifestations thereof, and other losses, all of which have not as yet been ascertained. 64. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and within this court’s jurisdiction. FOURTH CAUSE OF ACTION: NEGLIGENCE 65. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set forth at length. 9 9 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 66. Defendants knew or negligently failed to know that Tania Hernandez posed a threat of sexual abuse to the patients of Kings Hospital. 67. At all relevant times Defendants and/or their agents, servants and/or employees breached the above stated duty in a negligent, reckless, willful and wanton manner, and caused or allowed plaintiff to be sexually assaulted by Tania Hernandez while on Defendants’ premises. 68. As the result of Defendants’ failure to carry out its duty to plaintiff, as described above, plaintiff was caused to experience severe psychological injuries and personal injuries that are persistent, permanent and debilitating in nature. 69. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and within this court’s jurisdiction. FIFTH CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 70. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set forth at length. 71. As described above, Defendants acted in a negligent and/or grossly negligent manner. 72. Defendants and their agents, servants and/or employees knew or reasonably should have known that the sexual abuse and other improper conduct would and did proximately result in physical and emotional distress to plaintiff. 10 10 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 73. Defendants had the power, ability, authority and duty to intervene with and/or stop the improper conduct that resulted in plaintiff being sexually abused by Tania Hernandez. 74. The actions of Defendants endangered plaintiff's safety and caused her to fear for her own safety. 75. As a direct and proximate result of the actions of Defendants, which included, but were not limited to, negligent and/or grossly negligent conduct, plaintiff suffered severe injuries and damages as described herein, including, but not limited to, mental and emotional distress. 76. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and within this court’s jurisdiction. SIXTH CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 77. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set forth at length. 78. Defendants employed Tania Hernandez as Plaintiff's nurse during the time Tania Hernandez molested Plaintiff. 79. During the time of molestation, Tania Hernandez knew she would cause, or disregarded the substantial probability that she would cause, severe emotional distress to the plaintiff. 80. It was part of Tania Hernandez's scheme to gain Plaintiff's trust. 11 11 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 81. Tania Hernandez used and exploited that position of trust, and the representations made by defendants about her character which accompanied that position, to gain Plaintiff’s trust and confidence and to create opportunities to violate and sexually exploit the plaintiff. 82. Defendants knew and/or disregarded the substantial probability that Tania Hernandez's conduct would cause severe emotional distress to Plaintiff. 83. Plaintiff suffered, and continues to suffer, severe emotional distress, including psychological and emotional injury as described above. 84. This distress was caused by Tania Hernandez's sexual abuse of Plaintiff. 85. The sexual abuse of Plaintiff was extreme and outrageous conduct, beyond all possible bounds of decency, atrocious and intolerable in a civilized community. 86. Defendants are liable for Tania Hernandez's conduct under the doctrine of respondeat superior. 87. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and within this court’s jurisdiction. SEVENTH CAUSE OF ACTION: COMMITTING AND ENABLING GENDER VIOLENCE 88. Plaintiff repeats, reiterates and re-alleges all of the foregoing as if hereinafter set forth at length. 89. Tania Hernandez's acts of misconduct committed against Plaintiff, as set-forth herein, including the sexual harassment, grooming, exploitation, molestation and abuse of the Plaintiff constitutes gender-violence under N.Y.C. Admin. Code 12 12 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 Chapter 11 §§ 1101 - 1107 and a form of sex discrimination in that one or more of Tania Hernandez's acts would constitute a criminal offense under New York State Laws that has as an element of the use, attempted use, or threatened use of physical force against the person of another, committed at least in part based on the gender of the victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. 90. The criminal offenses and criminal acts committed by Tania Hernandez include, but are not limited to, N.Y. Penal §§ 130.00; 130.05; 130.10; 130.16; 130.20; 130.52; and 130.55. 91. Tania Hernandez's deviant and abusive acts committed against Plaintiff, as set forth herein, including the sexual harassment, exploitation, molestation and abuse of Plaintiff, constitutes gender-violence and a form of gender discrimination. 92. Tania Hernandez's conduct referenced herein caused serious physical and mental injuries upon plaintiff, her body, person, and mental health, was a physical intrusion and/or physical invasion of a sexual nature upon Plaintiff under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction, and was committed by Tania Hernandez with animus, and malice, on account of plaintiffs' gender. 93. Defendant Kings Hospital knew not only of Tania Hernandez's propensity to commit such acts, but also enabled Tania Hernandez to commit those acts by 13 13 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 providing Tania Hernandez with access to the Kings Hospital's patients, as well bestowing upon her authority over those patients. 94. By ignoring, dismissing, and failing to take any action against Tania Hernandez, such as firing her, reporting her to the police, and/or reporting her to the New York State Medical Board, Defendant Kings Hospital, enabled the abuse. 95. Further, Defendant Kings Hospital's enabling of Tania Hernandez's sexually exploitative, abusive, and criminal acts was done with animus and malice and a reckless disregard for the rights, safety and wellbeing of the abused, as Plaintiff. 96. As a proximate result of Tania Hernandez's acts, as well as Kings Hospital's enabling of those acts, Plaintiff is entitled to actual damages, compensatory damages, punitive damages, injunctive relief, legal disbursements, legal fees, any combination of those, or any other appropriate relief against Defendant Kings Hospital. 97. As a result of the foregoing, K. N. has been damaged in a sum which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and within this court’s jurisdiction. NO APPORTIONMENT OF LIABILITY 98. One or more of the exemptions set forth in CPLR 1601 and 1602 applies, which precludes Defendants from limiting their liability by apportioning some portion of total liability to any joint tortfeasor. 14 14 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 RELIEF SOUGHT WHEREFORE, plaintiff demands judgment against defendants, jointly, severally and individually, on each and every cause of action as follows: A. Awarding compensatory damages in an amount to be proven at trial, but in any event in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; B. Awarding prejudgment interest to the extent permitted by law; C. Awarding costs and fees of this action, including attorneys' fees, to the extent permitted by law; AND D. Awarding such other and further relief as to this Court may seem just and proper. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. Dated: Bronx, NY May 14, 2024 Robert J. Genis Robert J. Genis 15 15 of 16 FILED: KINGS COUNTY CLERK 05/15/2024 04:10 PM INDEX NO. 513646/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 CLIENT VERIFICATION being duly sworn and deposed, says: I am the plaintiff in the within action and I have read the foregoing complaint and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe to be true. I affirm Mot this <_f_ day of , 20 / under the penalties of perjury under the laws of New York, which may nclude a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a Court of Law. 16 16 of 16