Preview
FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/19/2020
EXHIBIT B
FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 7 cl2020tR200085
RECEIVED NYSCEF:E2020001864
03/19/2020
|Fi%TfH""NONROE COUNTY CLE
NYSCEF NO. 1 RECEIVED NYSCEF: 02/19/ 2 02 0
DOC.
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
LG 55 DOE,
Plaintiff,
SUMMONS
vs.
JOSEPH A. GRASSO
194 Thornbeny Lane
Rensselaer, New York 12144
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to
serve a copy of your añswer, or, ifthe Complaint is not served with this Summons, to serve
a notice of appearance, on the Plaintiff'sAttomeys within TWENTY (20) DAYS after the
service of this Summons, exclusive of the day of service (or within THIRTY (30) DAYS after
the service is complete ifthis Summons is not personally delivered to you within the State
of New York); and in case of your failure to appear or answer, judgment willbe taken against
you by default for the relief demanded in the Complaiñt.
Monroe County is designated as the place of trial on the basis on the Plaintiff's
residence located in Hêñrietta, New York.
DATED: Buffalo, New York
February 19, 2020
LIPSITZ GREEN SCIMF CAMBRIA LLP
By:
AMY ELLER, ESQ.
CHRI INA M. CROGLIO, ESQ.
Attomeys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
[ACK: # 65481.0001]
3780884, 1,067164.0001
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FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 7 claAlton3200065E2020001864
RECEIVED NYSCEF: 03/19/2020
OE COUNTY CLERK 02729"/TB2D"UM"3 8 PM|
NO. 1 RECEIVED NYSCEF: 02/19/2020
NYSCEF DOC.
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
LG 55 DOE,
Plaintiff, COMPLAINT
vs.
Index No.:
JOSEPH A. GRASSO,
Defendant.
Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME
CAMBRIA LLP, for his Complaint against Defendant, alleges:
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANT, JOSEPH A. GRASSO, HEREIN,
PLAINTIFF, LG 55 DOE, ALLEGES AS FOLLOWS:
1. Plaintiff, LG 55 DOE, is a resident of the County of Monroe and State
of New York.
2. This action is commenced pursuant to the provisions of the Child
Victims Act.
3. At the time of the incidents set forth herein, Plaintiff, LG 55 DOE,
(hereinafter referred to as "THE CHILD") was an infant having been born in 1996.
4. Upon information and belief, Defendant, JOSEPH A. GRASSO
(hereinafter referred to as "THE CHILD MOLESTER") resides in the City of Rensselaer,
County of Rensselaer, and State of New York.
5. Upon information and belief, at all times herein mentioned, the
CHILD MOLESTER was acting as a priest to the CHILD.
1st
6. Beginning approximately on or about the day of January 2008,
3780894,1,067164.0001
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FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 7 c astoc22Q0005E202OO01864
RECEIVED NYSCEF: 03/19/2020
OE COWY
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2020
and continuing through sometime in 2010, the CHILD MOLESTER sexually
assaulted and committed battery upon THE CHILD at church and said
assault and battery constituted sexual offenses as defined in Article 130 of
the Penal Law.
7. The sexual crimes by THE CHILD MOLESTER herein were
willful, malicious and intentional and resulted in injury to THE CHILD.
8. As a direct result of conduct by THE CHILD MOLESTER as
described herein, THE CHILD, has suffered, and continues to suffer great
physical and emotional pain of mind and body, shock, emotional distress,
physical manifestations of emotional distress, flashbacks, embarrassment, loss
of self-esteem, disgrace, humiliation, and loss of enjoyment of life, was
prevented and will continue to be prevented from performing daily activities and
obtaining full enjoyment of life, and has incurred and will continue to incur
expenses for medical psychological treatment, therapy and counseling.
9. This action falls within one or more of the exceptions set forth in
CPLR §1602.
10. As a result of the foregoing, THE CHILD, has sustained general and
special damages in an amount which exceeds the jurisdictional limits of alllower
courts which would otherwise have jurisdiction.
11. As a result of the foregoing, THE CHILD, claims punitive damages in
an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
2
3780894,1,067164.0001
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FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 7 clmosoesNYSCEF:
RECEIVED E 2 0 203/19/2020
0 0 0 18 6 4
HOE COMY CL K 02
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2020
WHEREFORE, Plaintiff demands judgment against Defendant, in the First
Cause of Action in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdicticn, and for such further or
other,
different relief as the Court may deem just and together with the costs
proper,
and disbursements of the action.
DATED: Buffalo, NewYork
February 19, 2020
LIPSITZ GREEN SCIME CJMBRIA LLP
By:
C'
AMY KELLER, ESQ.
CHRISTINA M. CROGLIO, ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
[ACK: # 67164.0001]
3
3780894, 1, 067164.0001
5 of 5
Preview
FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/19/2020 EXHIBIT B FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 7 cl2020tR200085 RECEIVED NYSCEF:E2020001864 03/19/2020 |Fi%TfH""NONROE COUNTY CLE NYSCEF NO. 1 RECEIVED NYSCEF: 02/19/ 2 02 0 DOC. STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE LG 55 DOE, Plaintiff, SUMMONS vs. JOSEPH A. GRASSO 194 Thornbeny Lane Rensselaer, New York 12144 Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your añswer, or, ifthe Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff'sAttomeys within TWENTY (20) DAYS after the service of this Summons, exclusive of the day of service (or within THIRTY (30) DAYS after the service is complete ifthis Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment willbe taken against you by default for the relief demanded in the Complaiñt. Monroe County is designated as the place of trial on the basis on the Plaintiff's residence located in Hêñrietta, New York. DATED: Buffalo, New York February 19, 2020 LIPSITZ GREEN SCIMF CAMBRIA LLP By: AMY ELLER, ESQ. CHRI INA M. CROGLIO, ESQ. Attomeys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 [ACK: # 65481.0001] 3780884, 1,067164.0001 2 of 5 FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 7 claAlton3200065E2020001864 RECEIVED NYSCEF: 03/19/2020 OE COUNTY CLERK 02729"/TB2D"UM"3 8 PM| NO. 1 RECEIVED NYSCEF: 02/19/2020 NYSCEF DOC. STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE LG 55 DOE, Plaintiff, COMPLAINT vs. Index No.: JOSEPH A. GRASSO, Defendant. Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME CAMBRIA LLP, for his Complaint against Defendant, alleges: AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT, JOSEPH A. GRASSO, HEREIN, PLAINTIFF, LG 55 DOE, ALLEGES AS FOLLOWS: 1. Plaintiff, LG 55 DOE, is a resident of the County of Monroe and State of New York. 2. This action is commenced pursuant to the provisions of the Child Victims Act. 3. At the time of the incidents set forth herein, Plaintiff, LG 55 DOE, (hereinafter referred to as "THE CHILD") was an infant having been born in 1996. 4. Upon information and belief, Defendant, JOSEPH A. GRASSO (hereinafter referred to as "THE CHILD MOLESTER") resides in the City of Rensselaer, County of Rensselaer, and State of New York. 5. Upon information and belief, at all times herein mentioned, the CHILD MOLESTER was acting as a priest to the CHILD. 1st 6. Beginning approximately on or about the day of January 2008, 3780894,1,067164.0001 3 of 5 FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 7 c astoc22Q0005E202OO01864 RECEIVED NYSCEF: 03/19/2020 OE COWY NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2020 and continuing through sometime in 2010, the CHILD MOLESTER sexually assaulted and committed battery upon THE CHILD at church and said assault and battery constituted sexual offenses as defined in Article 130 of the Penal Law. 7. The sexual crimes by THE CHILD MOLESTER herein were willful, malicious and intentional and resulted in injury to THE CHILD. 8. As a direct result of conduct by THE CHILD MOLESTER as described herein, THE CHILD, has suffered, and continues to suffer great physical and emotional pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, flashbacks, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life, was prevented and will continue to be prevented from performing daily activities and obtaining full enjoyment of life, and has incurred and will continue to incur expenses for medical psychological treatment, therapy and counseling. 9. This action falls within one or more of the exceptions set forth in CPLR §1602. 10. As a result of the foregoing, THE CHILD, has sustained general and special damages in an amount which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. 11. As a result of the foregoing, THE CHILD, claims punitive damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 2 3780894,1,067164.0001 4 of 5 FILED: MONROE COUNTY CLERK 03/19/2020 12:19 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 7 clmosoesNYSCEF: RECEIVED E 2 0 203/19/2020 0 0 0 18 6 4 HOE COMY CL K 02 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2020 WHEREFORE, Plaintiff demands judgment against Defendant, in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdicticn, and for such further or other, different relief as the Court may deem just and together with the costs proper, and disbursements of the action. DATED: Buffalo, NewYork February 19, 2020 LIPSITZ GREEN SCIME CJMBRIA LLP By: C' AMY KELLER, ESQ. CHRISTINA M. CROGLIO, ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 [ACK: # 67164.0001] 3 3780894, 1, 067164.0001 5 of 5