Preview
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
EXHIBIT B
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
---------------------------------------------------------------------------x Index No.
PHADIA JEAN and VLADIMIR JEAN
Plaintiffs,
-against-
PROPOSED AMENDED
TOWN OF ORANGETOWN, ORANGETOWN COMPLAINT
POLICE DEPARTMENT, and POLICE OFFICER
DANIEL RYAN,
Defendants.
-----------------------------------------------------------------------------x
Plaintiffs, by their attorneys, VALERIE J. CROWN, ATTORNEY AT LAW, P.C.,
complaining of the defendants herein, respectfully set forth and allege, upon information and
belief:
1. That at all times hereinafter mentioned, plaintiff PHADIA JEAN (hereinafter
referred to as “PHADIA”) was and still is a resident of County of Rockland, State of New York.
2. That at all times hereinafter mentioned, plaintiff VLADIMIR JEAN (hereinafter
referred to as “VLADIMIR”) was and still is a resident of the County of Rockland, State of New
York.
3. Upon information and belief, that at all times hereinafter mentioned, the
defendant, TOWN OF ORANGETOWN (hereinafter referred to as “TOWN”), was and still is a
municipal corporation duly organized and existing under and by virtue of the laws of the County
of Rockland, State of New York.
4. Upon information and belief, that at all times hereinafter mentioned, the
defendant, ORANGETOWN POLICE DEPARTMENT (hereinafter referred to as “POLICE”),
1
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
was and still is a municipal corporation duly organized and existing under and by virtue of the
laws of the County of Rockland, State of New York.
5. Upon information and belief, that at all times hereinafter mentioned, defendant
POLICE was and still is a public authority existing under and by virtue of the laws of the State of
New York.
6. Upon information and belief, that at all times hereinafter mentioned,
defendant POLICE OFFER DANIEL RYAN was and still is with defendant POLICE in
the Town of Orangetown, County of Rockland and State of New York.
7. Upon information and belief, that at all times hereinafter mentioned,
defendant POLICE OFFICER was a specialist in the field of policing and held himself out
to the public as being proficient as such in the Town of Orangetown, County of Rockland,
and State of New York.
8. Upon information and belief, and at all times hereinafter mentioned,
defendant POLICE OFFICER was employed by defendant POLICE and was acting within
the scope of his employment and authority.
9. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of
Claim, stating among other things, the time when and place where the injuries and damages were
sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof,
were duly served on the plaintiffs’ behalf on the TOWN and that thereafter the TOWN has
refused or neglected, for more than thirty (30) days and up to the commencement of this action,
to make any adjustment or payment thereof, and that thereafter, and within the time provided by
law, this action was commenced.
2
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
10. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of
Claim, stating among other things, the time when and place where the injuries and damages were
sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof,
were duly served on the plaintiffs’ behalf on the POLICE and that thereafter the POLICE have
refused or neglected, for more than thirty (30) days and up to the commencement of this action,
to make any adjustment or payment thereof, and that thereafter, and within the time provided by
law, this action was commenced.
11. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of
Claim, stating among other things, the time when and place where the injuries and damages were
sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof,
were duly served on the plaintiffs’ behalf on the POLICE OFFICERS and that thereafter the
POLICE OFFICERS have refused or neglected, for more than thirty (30) days and up to the
commencement of this action, to make any adjustment or payment thereof, and that thereafter,
and within the time provided by law, this action was commenced.
12. That this action is commenced within one year and ninety days since the said
causes of action arose.
AS AND FOR THE FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF PHADIA FOR
FALSE ARREST AND ABUSE OF PROCESS AGAINST ALL
DEFENDANTS
13. That on or about July 29, 2015 at approximately 6:00am, plaintiff PHADIA was
sleeping in her bedroom of her home, located at 2 Buckley Street, Apartment A, in Nyack, Town
of Orangetown, County of Rockland, State of New York.
14. That at the aforesaid time and place, the defendants, their agents, servants, and
3
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
employees, wrongfully banged on plaintiff’s front door, falsely detained, verbally abused,
questioned and accused PHADIA; physically removed PHADIA, with excessive and unlawful
force, from her home while she was wearing only a t-shirt and under garment; and humiliated
and embarrassed PHADIA in front of neighbors and during the time her husband was at work
and her children were home sleeping in their bedrooms.
15. That at the aforesaid time and place, defendants and their agents, servants, and
employees, acted with malicious intent and abuse of process with the express intention of
harming PHADIA and instilling fear in PHADIA; and further acted without just right, without
probable cause, and without grounds therefor.
16. That defendants and their agents, servants, and employees, acted in a
discriminatory manner and falsely detained [and maliciously prosecuted] plaintiff PHADIA
solely due to the color of her skin without having a scintilla of evidence that she was a “person of
interest” in the committing of any crime.
17. That the foregoing acts constitute false arrest, malicious prosecution, and abuse of
process in that a false arrest was made on July 29, 2015 as stated above, along with the improper
confinement of plaintiff PHADIA.
18. That the cause of action alleged herein falls within one or more of the exemptions
set forth in CPLR 1602.
19. That by reason of the above, plaintiff PHADIA became sick, sore, lame, bruised,
experienced great pain and suffering, sustained serious physical and emotional injuries, and
plaintiff PHADIA suffered and continues to suffer from said injuries, and plaintiff PHADIA has
been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff
PHADIA was incapacitated for a long period of time and plaintiff was obliged to and did incur
4
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
expenses for medical care, treatment and attention and will in the future be required to expend
additional sums of money for such medical care, treatment and attention.
20. That by reason of the foregoing false arrest, malicious prosecution, and abuse of
process, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION
DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction, together with the costs and disbursements of this
action.
AS AND FOR THE SECOND CAUSE OF ACTION ON BEHALF OF
PLAINTIFF PHADIA FOR VIOLATION OF CONSTITUTIONAL
RIGHTS PURSUANT TO 42 USC SECTION 1983 AS AGAINST ALL
DEFENDANTS
21. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length
22. That the above acts and omissions of the defendants, their agents, servants, and
or/employees, and more particularly, in that defendants abused the process, falsely arrested, and
maliciously prosecuted PHADIA and acted with a reckless disregard of the health and safety of
PHADIA and were deliberately indifferent, causing severe bodily injury to PHADIA and severe
emotional distress—all of which constitute a violation of PHADIA’s constitutional rights
pursuant to 42 USC Section 1983, and further constitute violations of rights and privileges under
the United States Constitution and the Constitution and laws of the State of New York.
23. That by reason of the above, plaintiff PHADIA became sick, sore, lame, bruised,
experienced great pain and suffering, sustained serious physical and emotional injuries, and
plaintiff PHADIA suffered and continues to suffer from said injuries, and plaintiff PHADIA has
been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff
PHADIA was incapacitated for a long period of time and plaintiff was obliged to and did incur
5
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
expenses for medical care, treatment and attention and will in the future be required to expend
additional sums of money for such medical care, treatment and attention.
24. That the cause of action alleged herein falls within one or more of the exemptions
set forth in CPLR 1602.
25. That by reason of the reckless disregard of the rights, health, and safety of
plaintiff PHADIA and the violation of her constitutional rights pursuant to 42 USC Section 1983,
and violations of rights and privileges under the United States Constitution and the Constitution
and laws of the State of New York, plaintiff PHADIA demands punitive damages in the amount
of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with
the costs and disbursements of this action.
AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF
OF PLAINTIFF PHADIA FOR ASSAULT AND BATTERY
AS AGAINST ALL DEFENDANTS
26. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length.
27. That defendants, acting in concert, placed hands on plaintiff PHADIA; verbally
and physically abused plaintiff PHADIA; and unlawfully touched plaintiff PHADIA in a
physically threatening and injurious manner.
28. That the above acts and omissions of the defendants, their agents, servants, and
or/employees, caused severe bodily injury and severe emotional distress to PHADIA —all of
which constitute an assault and battery.
6
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
29. That by reason of the above, plaintiff became sick, sore, lame, bruised
and disabled, sustained serious physical and emotional injuries, experienced great pain
and suffering, and plaintiff suffered and continues to suffer from said injuries, and
plaintiff has been informed that, and verily believes, said injuries are of a permanent
nature, and plaintiff was incapacitated for a long period of time and plaintiff was
obliged to and did incur expenses for medical care, treatment and attention and will in
the future be required to expend additional sums of money for such medical care,
treatment and attention.
30. That the cause of action alleged herein falls within one or more of the exemptions
set forth in CPLR 1602.
31. That by reason of the aforesaid assault and battery, plaintiff PHADIA demands
punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a
sum that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF
PLAINTIFF PHADIA FOR INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS AS AGAINST ALL DEFENDANTS
32. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length.
33. That the above acts and omissions of the defendants, their agents, servants, and
or/employees, caused severe emotional distress to plaintiff PHADIA —all of which constitute
intentional infliction of emotional distress to plaintiff PHADIA.
7
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
34. That by reason of the above, plaintiff became sick, sore, lame, bruised
and disabled, sustained serious physical and emotional injuries, experienced great pain
and suffering, and plaintiff suffered and continues to suffer from said injuries, and
plaintiff has been informed that, and verily believes, said injuries are of a permanent
nature, and plaintiff was incapacitated for a long period of time and plaintiff was
obliged to and did incur expenses for medical care, treatment and attention and will in
the future be required to expend additional sums of money for such medical care,
treatment and attention.
35. That the cause of action alleged herein falls within one or more of the
exemptions set forth in CPLR 1602.
36. That by reason of the aforesaid, plaintiff PHADIA demands punitive damages in
the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with
the costs and disbursements of this action.
AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF
PLAINTIFF PHADIA FOR NEGLIGENT INFLICTION OF EMOTIONAL
DISTRESS AS AGAINST ALL DEFENDANTS
37. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length.
38. That the above acts and omissions of the defendants, their agents, servants, and
or/employees, caused severe emotional distress to plaintiff PHADIA —all of which constitute
negligent infliction of emotional distress to plaintiff PHADIA.
8
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
39. That by reason of the above, plaintiff became sick, sore, lame, bruised
and disabled, sustained serious physical and emotional injuries, experienced great pain
and suffering, and plaintiff suffered and continues to suffer from said injuries, and
plaintiff has been informed that, and verily believes, said injuries are of a permanent
nature, and plaintiff was incapacitated for a long period of time and plaintiff was
obliged to and did incur expenses for medical care, treatment and attention and will in
the future be required to expend additional sums of money for such medical care,
treatment and attention.
40. That the cause of action alleged herein falls within one or more of the
exemptions set forth in CPLR 1602.
41. That by reason of the aforesaid, plaintiff PHADIA demands compensatory
damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction, together with the costs and disbursements of this action.
AS AND FOR A SIXTH CAUSE OF ACTION ON
BEHALF OF PLAINTIFF PHADIA FOR NEGLIGENCE
AS AGAINST ALL DEFENDANTS
42. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length.
43. At the aforesaid time and place, defendants, their agents, servants, and/or
employees negligently, carelessly, and recklessly failed to use such care in the performance of
police officer duties as a reasonably prudent and careful police officer would have used under
similar circumstances; defendants negligently, carelessly, and recklessly permitted the police
officers to continue to perform their duties in an improper, negligent, careless and reckless
9
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
manner all without any negligence on the part of the plaintiff PHADIA contributing thereto;
defendants, their agents, servants and employees were negligent in hiring, and retaining a person
or persons who were unfit to serve as police officers and who were known or should have been
known to have dangerous propensities and lack of proper temperament, in that the defendants,
their agents, servants and employees failed to exercise reasonable precautions in employing these
police officers by failing to properly investigate their backgrounds and should have determined
that they were unfit to serve as police officers all without any negligence on the part of the
plaintiff PHADIA contributing thereto; defendants, their agents servants and employees, were
further negligent, in the training and instruction of its police officers by not exercising care in
instructing them as to their deportment, behavior and conduct as police officers and
representatives of the TOWN OF ORANGEBURG, among other things, in failing to properly
evaluate the plaintiff’s rights and/or in in negligently violating the plaintiff’s rights; in failing to
ensure that its police officers refrain from engaging in false arrests, malicious prosecution,
improper use of force, improper and malicious threats, harassment, making false accusations;
and in failing to ensure that its police officers refrain from willfully, wantonly and recklessly
committing the aforesaid acts and all without any negligence on the part of the plaintiffs
contributing thereto.
44. That the said injuries were caused through the negligence, carelessness and
recklessness of the defendants, their agents, servants and/or employees as set forth above.
45. That by reason of the above, plaintiff became sick, sore, lame, bruised
and disabled, sustained serious physical and emotional injuries, experienced great pain
and suffering, and plaintiff suffered and continues to suffer from said injuries, and
plaintiff has been informed that, and verily believes, said injuries are of a permanent
10
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
nature, and plaintiff was incapacitated for a long period of time and plaintiff was
obliged to and did incur expenses for medical care, treatment and attention and will in
the future be required to expend additional sums of money for such medical care,
treatment and attention.
46. That the cause of action alleged herein falls within one or more of the
exemptions set forth in CPLR 1602.
47. That by reason of the aforesaid, plaintiff PHADIA demands compensatory
damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction, together with the costs and disbursements of this action.
AS AND FOR A SEVENTH CAUSE OF ACTION ON
BEHALF OF PLAINTIFF PHADIA FOR GROSS NEGLIGENCE
AS AGAINST ALL DEFENDANTS
48. Plaintiff PHADIA repeats and realleges each and every allegation set forth above
with the same force and effect as though set forth herein at length.
49. At the aforesaid time and place, defendants, their agents, servants, and/or
employees willfully, wantonly, carelessly, recklessly, and with gross negligence, permitted the
police officers to perform their duties in a careless and reckless manner all without any
negligence on the part of the plaintiff PHADIA contributing thereto; defendants, their agents,
servants acted in a reckless, willful, wanton, and grossly negligent manner in their deportment,
behavior and conduct as police officers and representatives of the TOWN OF ORANGEBURG,
among other things, in willfully, wantonly and recklessly violating the plaintiff’s rights, in
falsely arresting PHADIA, in using excessive and improper force against PHADIA as stated
above, in verbally abusing PHADIA, in making false malicious physical and emotional threats to
11
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
PHADIA, in forcibly removing her from her home as stated above, in making false accusations
against PHADIA, and/or in in willfully, wantonly and recklessly committing the aforesaid acts
and all without any negligence on the part of the plaintiffs contributing thereto.
50. That the said injuries were caused through the gross negligence and wanton,
willful, and malicious behavior of the defendants, their agents, servants and/or employees as set
forth above.
51. That by reason of the above, plaintiff became sick, sore, lame, bruised
and disabled, sustained serious physical and emotional injuries, experienced great pain
and suffering, and plaintiff suffered and continues to suffer from said injuries, and
plaintiff has been informed that, and verily believes, said injuries are of a permanent
nature, and plaintiff was incapacitated for a long period of time and plaintiff was
obliged to and did incur expenses for medical care, treatment and attention and will in
the future be required to expend additional sums of money for such medical care,
treatment and attention.
52. That the cause of action alleged herein falls within one or more of the
exemptions set forth in CPLR 1602.
53. That by reason of the aforesaid, plaintiff PHADIA demands punitive damages in
the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with
the costs and disbursements of this action.
.
12
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
AS AND FOR A EIGHTH CAUSE OF ACTION ON
BEHALF OF PLAINTIFF VLADIMIR JEAN
54. Plaintiff repeats and realleges each and every allegation above with the same
force and effect as though set forth herein at length.
55. That at all times hereinafter mentioned, plaintiff VLADIMIR was and still is the
husband of the aforesaid plaintiff PHADIA.
56. That by reason of the foregoing, plaintiff VLADIMIR sustained damages for loss
of services, society, comfort, and enjoyment of his wife, PHADIA, and also incurred medical
and other expenses and will in the future continue to incur such expenses for his wife.
57. That by reason of the above, plaintiff VLADIMIR has been damaged in a punitive
amount consisting of ONE MILLION DOLLARS and a compensatory amount that exceeds the
jurisdictional limits of all lower courts, which would otherwise have jurisdiction over this matter
together with the costs, attorneys’ fees, and disbursements of this action.
13
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022
WHEREFORE, plaintiffs demand judgment against the defendants, on the First, Second,
Third, Fourth, Seventh, and Eighth Causes of Action, for punitive damages each in the amount of
ONE MILLION DOLLARS and in an amount that exceeds the jurisdictional limits of all lower
courts that would otherwise have jurisdiction together with the costs and disbursements of this
action; and plaintiffs demand judgment, against the defendants, on the Fifth and Sixth Causes of
Action in a compensatory amount that exceeds the jurisdictional limits of all lower courts, which
would otherwise have jurisdiction over this matter together with the costs and disbursements of
this action.
Dated: New City, New York
January 6, 2022
Yours, etc.
VALERIE J. CROWN
ATTORNEY AT LAW, P.C.
By:_________________________________
VALERIE J. CROWN, ESQ.
ATTORNEY FOR PLAINTIFFS
151 NORTH MAIN STREET
4TH FLOOR
NEW CITY, NY 10956
845-708-5900
14
Preview
FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 EXHIBIT B FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ---------------------------------------------------------------------------x Index No. PHADIA JEAN and VLADIMIR JEAN Plaintiffs, -against- PROPOSED AMENDED TOWN OF ORANGETOWN, ORANGETOWN COMPLAINT POLICE DEPARTMENT, and POLICE OFFICER DANIEL RYAN, Defendants. -----------------------------------------------------------------------------x Plaintiffs, by their attorneys, VALERIE J. CROWN, ATTORNEY AT LAW, P.C., complaining of the defendants herein, respectfully set forth and allege, upon information and belief: 1. That at all times hereinafter mentioned, plaintiff PHADIA JEAN (hereinafter referred to as “PHADIA”) was and still is a resident of County of Rockland, State of New York. 2. That at all times hereinafter mentioned, plaintiff VLADIMIR JEAN (hereinafter referred to as “VLADIMIR”) was and still is a resident of the County of Rockland, State of New York. 3. Upon information and belief, that at all times hereinafter mentioned, the defendant, TOWN OF ORANGETOWN (hereinafter referred to as “TOWN”), was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the County of Rockland, State of New York. 4. Upon information and belief, that at all times hereinafter mentioned, the defendant, ORANGETOWN POLICE DEPARTMENT (hereinafter referred to as “POLICE”), 1 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the County of Rockland, State of New York. 5. Upon information and belief, that at all times hereinafter mentioned, defendant POLICE was and still is a public authority existing under and by virtue of the laws of the State of New York. 6. Upon information and belief, that at all times hereinafter mentioned, defendant POLICE OFFER DANIEL RYAN was and still is with defendant POLICE in the Town of Orangetown, County of Rockland and State of New York. 7. Upon information and belief, that at all times hereinafter mentioned, defendant POLICE OFFICER was a specialist in the field of policing and held himself out to the public as being proficient as such in the Town of Orangetown, County of Rockland, and State of New York. 8. Upon information and belief, and at all times hereinafter mentioned, defendant POLICE OFFICER was employed by defendant POLICE and was acting within the scope of his employment and authority. 9. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of Claim, stating among other things, the time when and place where the injuries and damages were sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof, were duly served on the plaintiffs’ behalf on the TOWN and that thereafter the TOWN has refused or neglected, for more than thirty (30) days and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 2 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 10. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of Claim, stating among other things, the time when and place where the injuries and damages were sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof, were duly served on the plaintiffs’ behalf on the POLICE and that thereafter the POLICE have refused or neglected, for more than thirty (30) days and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 11. On October 1, 2015, and within the time prescribed by law, duly sworn Notices of Claim, stating among other things, the time when and place where the injuries and damages were sustained, together with the demands, of the above-captioned plaintiffs, for adjustment thereof, were duly served on the plaintiffs’ behalf on the POLICE OFFICERS and that thereafter the POLICE OFFICERS have refused or neglected, for more than thirty (30) days and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 12. That this action is commenced within one year and ninety days since the said causes of action arose. AS AND FOR THE FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR FALSE ARREST AND ABUSE OF PROCESS AGAINST ALL DEFENDANTS 13. That on or about July 29, 2015 at approximately 6:00am, plaintiff PHADIA was sleeping in her bedroom of her home, located at 2 Buckley Street, Apartment A, in Nyack, Town of Orangetown, County of Rockland, State of New York. 14. That at the aforesaid time and place, the defendants, their agents, servants, and 3 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 employees, wrongfully banged on plaintiff’s front door, falsely detained, verbally abused, questioned and accused PHADIA; physically removed PHADIA, with excessive and unlawful force, from her home while she was wearing only a t-shirt and under garment; and humiliated and embarrassed PHADIA in front of neighbors and during the time her husband was at work and her children were home sleeping in their bedrooms. 15. That at the aforesaid time and place, defendants and their agents, servants, and employees, acted with malicious intent and abuse of process with the express intention of harming PHADIA and instilling fear in PHADIA; and further acted without just right, without probable cause, and without grounds therefor. 16. That defendants and their agents, servants, and employees, acted in a discriminatory manner and falsely detained [and maliciously prosecuted] plaintiff PHADIA solely due to the color of her skin without having a scintilla of evidence that she was a “person of interest” in the committing of any crime. 17. That the foregoing acts constitute false arrest, malicious prosecution, and abuse of process in that a false arrest was made on July 29, 2015 as stated above, along with the improper confinement of plaintiff PHADIA. 18. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 19. That by reason of the above, plaintiff PHADIA became sick, sore, lame, bruised, experienced great pain and suffering, sustained serious physical and emotional injuries, and plaintiff PHADIA suffered and continues to suffer from said injuries, and plaintiff PHADIA has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff PHADIA was incapacitated for a long period of time and plaintiff was obliged to and did incur 4 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 20. That by reason of the foregoing false arrest, malicious prosecution, and abuse of process, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR THE SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR VIOLATION OF CONSTITUTIONAL RIGHTS PURSUANT TO 42 USC SECTION 1983 AS AGAINST ALL DEFENDANTS 21. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length 22. That the above acts and omissions of the defendants, their agents, servants, and or/employees, and more particularly, in that defendants abused the process, falsely arrested, and maliciously prosecuted PHADIA and acted with a reckless disregard of the health and safety of PHADIA and were deliberately indifferent, causing severe bodily injury to PHADIA and severe emotional distress—all of which constitute a violation of PHADIA’s constitutional rights pursuant to 42 USC Section 1983, and further constitute violations of rights and privileges under the United States Constitution and the Constitution and laws of the State of New York. 23. That by reason of the above, plaintiff PHADIA became sick, sore, lame, bruised, experienced great pain and suffering, sustained serious physical and emotional injuries, and plaintiff PHADIA suffered and continues to suffer from said injuries, and plaintiff PHADIA has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff PHADIA was incapacitated for a long period of time and plaintiff was obliged to and did incur 5 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 24. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 25. That by reason of the reckless disregard of the rights, health, and safety of plaintiff PHADIA and the violation of her constitutional rights pursuant to 42 USC Section 1983, and violations of rights and privileges under the United States Constitution and the Constitution and laws of the State of New York, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR ASSAULT AND BATTERY AS AGAINST ALL DEFENDANTS 26. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 27. That defendants, acting in concert, placed hands on plaintiff PHADIA; verbally and physically abused plaintiff PHADIA; and unlawfully touched plaintiff PHADIA in a physically threatening and injurious manner. 28. That the above acts and omissions of the defendants, their agents, servants, and or/employees, caused severe bodily injury and severe emotional distress to PHADIA —all of which constitute an assault and battery. 6 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 29. That by reason of the above, plaintiff became sick, sore, lame, bruised and disabled, sustained serious physical and emotional injuries, experienced great pain and suffering, and plaintiff suffered and continues to suffer from said injuries, and plaintiff has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff was incapacitated for a long period of time and plaintiff was obliged to and did incur expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 30. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 31. That by reason of the aforesaid assault and battery, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AS AGAINST ALL DEFENDANTS 32. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 33. That the above acts and omissions of the defendants, their agents, servants, and or/employees, caused severe emotional distress to plaintiff PHADIA —all of which constitute intentional infliction of emotional distress to plaintiff PHADIA. 7 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 34. That by reason of the above, plaintiff became sick, sore, lame, bruised and disabled, sustained serious physical and emotional injuries, experienced great pain and suffering, and plaintiff suffered and continues to suffer from said injuries, and plaintiff has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff was incapacitated for a long period of time and plaintiff was obliged to and did incur expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 35. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 36. That by reason of the aforesaid, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AS AGAINST ALL DEFENDANTS 37. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 38. That the above acts and omissions of the defendants, their agents, servants, and or/employees, caused severe emotional distress to plaintiff PHADIA —all of which constitute negligent infliction of emotional distress to plaintiff PHADIA. 8 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 39. That by reason of the above, plaintiff became sick, sore, lame, bruised and disabled, sustained serious physical and emotional injuries, experienced great pain and suffering, and plaintiff suffered and continues to suffer from said injuries, and plaintiff has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff was incapacitated for a long period of time and plaintiff was obliged to and did incur expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 40. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 41. That by reason of the aforesaid, plaintiff PHADIA demands compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR A SIXTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR NEGLIGENCE AS AGAINST ALL DEFENDANTS 42. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 43. At the aforesaid time and place, defendants, their agents, servants, and/or employees negligently, carelessly, and recklessly failed to use such care in the performance of police officer duties as a reasonably prudent and careful police officer would have used under similar circumstances; defendants negligently, carelessly, and recklessly permitted the police officers to continue to perform their duties in an improper, negligent, careless and reckless 9 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 manner all without any negligence on the part of the plaintiff PHADIA contributing thereto; defendants, their agents, servants and employees were negligent in hiring, and retaining a person or persons who were unfit to serve as police officers and who were known or should have been known to have dangerous propensities and lack of proper temperament, in that the defendants, their agents, servants and employees failed to exercise reasonable precautions in employing these police officers by failing to properly investigate their backgrounds and should have determined that they were unfit to serve as police officers all without any negligence on the part of the plaintiff PHADIA contributing thereto; defendants, their agents servants and employees, were further negligent, in the training and instruction of its police officers by not exercising care in instructing them as to their deportment, behavior and conduct as police officers and representatives of the TOWN OF ORANGEBURG, among other things, in failing to properly evaluate the plaintiff’s rights and/or in in negligently violating the plaintiff’s rights; in failing to ensure that its police officers refrain from engaging in false arrests, malicious prosecution, improper use of force, improper and malicious threats, harassment, making false accusations; and in failing to ensure that its police officers refrain from willfully, wantonly and recklessly committing the aforesaid acts and all without any negligence on the part of the plaintiffs contributing thereto. 44. That the said injuries were caused through the negligence, carelessness and recklessness of the defendants, their agents, servants and/or employees as set forth above. 45. That by reason of the above, plaintiff became sick, sore, lame, bruised and disabled, sustained serious physical and emotional injuries, experienced great pain and suffering, and plaintiff suffered and continues to suffer from said injuries, and plaintiff has been informed that, and verily believes, said injuries are of a permanent 10 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 nature, and plaintiff was incapacitated for a long period of time and plaintiff was obliged to and did incur expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 46. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 47. That by reason of the aforesaid, plaintiff PHADIA demands compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. AS AND FOR A SEVENTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF PHADIA FOR GROSS NEGLIGENCE AS AGAINST ALL DEFENDANTS 48. Plaintiff PHADIA repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 49. At the aforesaid time and place, defendants, their agents, servants, and/or employees willfully, wantonly, carelessly, recklessly, and with gross negligence, permitted the police officers to perform their duties in a careless and reckless manner all without any negligence on the part of the plaintiff PHADIA contributing thereto; defendants, their agents, servants acted in a reckless, willful, wanton, and grossly negligent manner in their deportment, behavior and conduct as police officers and representatives of the TOWN OF ORANGEBURG, among other things, in willfully, wantonly and recklessly violating the plaintiff’s rights, in falsely arresting PHADIA, in using excessive and improper force against PHADIA as stated above, in verbally abusing PHADIA, in making false malicious physical and emotional threats to 11 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 PHADIA, in forcibly removing her from her home as stated above, in making false accusations against PHADIA, and/or in in willfully, wantonly and recklessly committing the aforesaid acts and all without any negligence on the part of the plaintiffs contributing thereto. 50. That the said injuries were caused through the gross negligence and wanton, willful, and malicious behavior of the defendants, their agents, servants and/or employees as set forth above. 51. That by reason of the above, plaintiff became sick, sore, lame, bruised and disabled, sustained serious physical and emotional injuries, experienced great pain and suffering, and plaintiff suffered and continues to suffer from said injuries, and plaintiff has been informed that, and verily believes, said injuries are of a permanent nature, and plaintiff was incapacitated for a long period of time and plaintiff was obliged to and did incur expenses for medical care, treatment and attention and will in the future be required to expend additional sums of money for such medical care, treatment and attention. 52. That the cause of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. 53. That by reason of the aforesaid, plaintiff PHADIA demands punitive damages in the amount of ONE MILLION DOLLARS and compensatory damages in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. . 12 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 AS AND FOR A EIGHTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF VLADIMIR JEAN 54. Plaintiff repeats and realleges each and every allegation above with the same force and effect as though set forth herein at length. 55. That at all times hereinafter mentioned, plaintiff VLADIMIR was and still is the husband of the aforesaid plaintiff PHADIA. 56. That by reason of the foregoing, plaintiff VLADIMIR sustained damages for loss of services, society, comfort, and enjoyment of his wife, PHADIA, and also incurred medical and other expenses and will in the future continue to incur such expenses for his wife. 57. That by reason of the above, plaintiff VLADIMIR has been damaged in a punitive amount consisting of ONE MILLION DOLLARS and a compensatory amount that exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction over this matter together with the costs, attorneys’ fees, and disbursements of this action. 13 FILED: ROCKLAND COUNTY CLERK 01/07/2022 12:43 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/07/2022 WHEREFORE, plaintiffs demand judgment against the defendants, on the First, Second, Third, Fourth, Seventh, and Eighth Causes of Action, for punitive damages each in the amount of ONE MILLION DOLLARS and in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction together with the costs and disbursements of this action; and plaintiffs demand judgment, against the defendants, on the Fifth and Sixth Causes of Action in a compensatory amount that exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction over this matter together with the costs and disbursements of this action. Dated: New City, New York January 6, 2022 Yours, etc. VALERIE J. CROWN ATTORNEY AT LAW, P.C. By:_________________________________ VALERIE J. CROWN, ESQ. ATTORNEY FOR PLAINTIFFS 151 NORTH MAIN STREET 4TH FLOOR NEW CITY, NY 10956 845-708-5900 14