Preview
FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
SEAN DUGAN, FIRST AMENDED
COMPLAINT
Plaintiff,
Index No.: 525698/2021
-against-
ANTHONY BERINI,
Defendant.
Plaintiff SEAN DUGAN (hereinafter “Plaintiff”), by his attorneys Daniel Szalkiewicz &
Associates, P.C., as and for his First Amended Complaint hereby allege, upon information and
belief, as follows:
1. That Plaintiff, SEAN DUGAN (“DUGAN”), is a natural person residing in
Queens County, New York.
2. That, upon information and belief, Defendant ANTHONY BERINI (“Defendant”
or “BERINI”), is an individual residing at 1018 76th St, Brooklyn, NY 11228.
3. In 2020, Plaintiff was a student at Adelphi University.
4. In 2020, Defendant was a student at Adelphi University.
5. During that time, Plaintiff and Defendant knew of each other as members of the
same clubs at Adelphi.
6. On or about 2021, Defendant created an account on the social media platform
“Instagram”, entitled “secretadelphiconfessions” (hereafter the “Account”), wherein Defendant
published false, defamatory, and inflammatory content.
7. On or about June, 2021, Defendant changed the name of the Account to
“seanduganadelphi.”
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FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
8. On or about June, 2021, Defendant changed the Account photo to a photograph of
Plaintiff. A copy of the Account page, showing the photo of the Plaintiff is annexed hereto as
Exhibit 1 and fully incorporated herein.
9. On or about June 5, 2021, Defendant posted defamatory untrue statements about
Plaintiff on the Account to the public at large, including statements that Plaintiff committed
sexual misconduct with minors. Defendant published a statement that Plaintiff sent a “dick
picture” to fourteen (l4) year old minors, stating “He send[s] it [the “dick pic”] to a group with
14 year olds.” A copy of Defendant’s false and defamatory publication is annexed hereto as
Exhibit 2 and fully incorporated herein.
10. That in or about June, 2021, Defendant falsely impersonated Plaintiff on the
Account, and published false, defamatory, and derogatory comments while holding himself out
to the public to be Plaintiff.
11. That in or about June 2021, Plaintiff reported Defendant’s actions to local law
enforcement.
12. That upon information and belief on or about June 8, 2021, Police Detectives
went to the Defendant’s home and told the Defendant that the publications on Defendant’s
Instagram page were false and instructed the Defendant to delete said Instagram account.
13. On or about June 11, 2021, Defendant’s brother deactivated, but did not delete,
the Account.
14. On or about July 4, 2021, Defendant reactivated the Account, thus re-publishing
the false and defamatory statements regarding Plaintiff to the 86 “followers” of the account.
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
15. From July 6, 2021 through July 9, 2021, the Police Detectives contacted
Defendant and/or Defendant’s parents by telephone and again directed that Defendant delete the
Instagram account.
AS AND FOR A FIRST CAUSE OF ACTION
Defamation
16. Plaintiff repeats, reiterates and realleges each of the allegations set forth in
paragraphs “1” through “15[,]” as if set forth herein at length.
17. That Defendant intentionally published false and unprivileged statements on the
internet to third parties with the intent to injure Plaintiff’s reputation and cause him harm. The
statements were instantly distributed and circulated to the public at large. See Exhibit 2.
18. That the statements made by Defendant on the public social media platform
“Instagram” are false and were not statements made by Plaintiff.
19. That the statements were published on the social media platform known as
“Instagram”, where Defendant knew or should have known that the statements could be heard
and read by numerous people throughout the world, including Plaintiff’s employers, colleagues,
and prospective employers, and in fact, such statements were read by some of Plaintiff’s
colleagues.
20. Defendant made the false statements as set forth above with knowledge that they
were false or otherwise fabricated, intended the false statements to be published in a manner that
would harm Plaintiff, and either knew or recklessly disregarded the fact that they would cause
Plaintiff to suffer substantial damages.
21. That the false statements are reasonably susceptible of such defamatory meaning
on their face as they, amongst other things, portrayed that the Plaintiff violated the code of
conduct of his college, imputed that Plaintiff committed sexual impropriety and misconduct
3
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FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
toward minors, and stated false facts that tend to injure the Plaintiff in his business, trade, and
profession.
22. That the publishing of the false statements tends to directly injure Plaintiff in his
future career prospects and harm Plaintiff with regard to present and future business
opportunities, as well as damage his reputation and good name. The statements have injured
Plaintiff’s reputation and have impeached Plaintiff’s integrity and virtue. Thus, the defamatory
statements were defamatory per se.
23. That the false statements published by Defendant charge Plaintiff with a serious
crime, sexual misconduct toward minors. Thus, the defamatory statements were defamatory per
se.
24. That Defendant knew, or should have known, that the statements were false.
25. That Defendant’s false statements caused Plaintiff injury and harm.
26. That Defendant’s false statements were intentionally made with actual malice and
intent to cause injury and motivated by spite or ill will. This conduct subjects Defendant to
punitive damages.
27. By virtue of the foregoing, Plaintiff has been damaged in an amount to be
determined at the trial of this matter.
WHEREFORE, Plaintiff demands judgment against the Defendant on all causes of action
in the sum of the amount greater than the jurisdictional limit of all lower courts to be determined
by the trier of fact, plus punitive damages, the costs of this action, pre-judgment interest and
reasonable attorney’s fees as permitted under the law, together with such other and further relief
as the Court may deem just and proper.
Dated: New York, New York
March 16, 2023
Daniel Szalkiewicz & Associates, P.C.
By: Daniel S. Szalkiewicz, Esq.
4
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FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
VERIFICATION
STATE OF NEW YORK }
}S.S.:
COUNTY OF QUEENS }
SEAN DUGAN being duly sworn, deposes and says:
That deponent is the Plaintiff in the within action; that he has read the foregoing Verified
Complaint and knows the contents thereof; that the same is true to deponent’s own knowledge
except those matters therein stated to be alleged upon information and belief, and that as to those
matters, he believes them to be true.
_______________________________
SEAN DUGAN
Sworn to me this 16th day Daniel S. Szalkiewicz
of March 2023 Notary Public, State of New York
No. 02SZ0000312
Qualified in New York County
_____________________ Commission Expires 02/02/2027
Notary Public This electronic notarial act involved a remote
online appearance involving the use of
communication technology
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FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
Exhibit
1
6 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
FILED: KINGS COUNTY CLERK 03/16/2022
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02:04 PM INDEX NO. 525698/2021
10
NYSCEF DOC. NO. 39 03/16/2022
RECEIVED NYSCEF: 03/16/2023
seanduganadelphi
Con1 rm Delete
29 86 9
Posts Followers Following
Sean Dugan
This account is not af filiated with, sponsored by, or
University."
endorsed by Adelphi Don't sue me please I
aheady pay a lot with the tuition®A4
Follow Message
.
fa
.
Report this account.
This is not me do not
a snot at atop a anop
supermarket in West
Hempst ead
hI
a T qgamm*tunannamesnunamns o
7 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023
Exhibit
2
8 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
FILED: KINGS COUNTY CLERK 03/16/2022
03/16/2023 04:26
02:04 PM INDEX NO. 525698/2021
10
NYSCEF DOC. NO. 39 03/16/2022
RECEIVED NYSCEF: 03/16/2023
SEANDUGANADEiPHI
Posts
seanduganadelphi ""
I have some information on sean
Dugan
Yes
He harassed me and my female
friends
Really?
Yes
He threatened to fix
Dox
M friend
O Q V
2 likes
seanduganadelphi Dang @seanyyyy.d this true?
@adelphiti
9 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
FILED: KINGS COUNTY CLERK 03/16/2022
03/16/2023 04:26
02:04 PM INDEX NO. 525698/2021
10
NYSCEF DOC. NO. 39 03/16/2022
RECEIVED NYSCEF: 03/16/2023
Si ANDU G r.i!ADELPH:
Posts
seanduganadelphi ...
My friend
Tell me more
He threatens to call my parents
Dang any proof or evidence
I have his dick picture
Thats disgusting don't send me that
2 likes
seanduganadelphi Wtf @seanyyyy.d
10 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
FILED: KINGS COUNTY CLERK 03/16/2022
03/16/2023 04:26
02:04 PM INDEX NO. 525698/2021
10
NYSCEF DOC. NO. 39 03/16/2022
RECEIVED NYSCEF: 03/16/2023
SEANDUGANADELPHF
Posts
seanduganadelphi ...
vvaWwpy wouja ne segur
Because he's disgusting
He send it to a group with 14 year olds
There has to be a reason tho
What's your history with hirn li7e?
He used to be my friend until he
started talking behind my back
So what lead to him sending duck
picks and u
threatening
Because I said I was going to tell
Adelphi
. .
O Q V
1 like
seanduganadelphi @adelphiu you gotta do something
about @seanyyyy.d
w 1 commem
11 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8
Preview
FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SEAN DUGAN, FIRST AMENDED COMPLAINT Plaintiff, Index No.: 525698/2021 -against- ANTHONY BERINI, Defendant. Plaintiff SEAN DUGAN (hereinafter “Plaintiff”), by his attorneys Daniel Szalkiewicz & Associates, P.C., as and for his First Amended Complaint hereby allege, upon information and belief, as follows: 1. That Plaintiff, SEAN DUGAN (“DUGAN”), is a natural person residing in Queens County, New York. 2. That, upon information and belief, Defendant ANTHONY BERINI (“Defendant” or “BERINI”), is an individual residing at 1018 76th St, Brooklyn, NY 11228. 3. In 2020, Plaintiff was a student at Adelphi University. 4. In 2020, Defendant was a student at Adelphi University. 5. During that time, Plaintiff and Defendant knew of each other as members of the same clubs at Adelphi. 6. On or about 2021, Defendant created an account on the social media platform “Instagram”, entitled “secretadelphiconfessions” (hereafter the “Account”), wherein Defendant published false, defamatory, and inflammatory content. 7. On or about June, 2021, Defendant changed the name of the Account to “seanduganadelphi.” 1 1 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 8. On or about June, 2021, Defendant changed the Account photo to a photograph of Plaintiff. A copy of the Account page, showing the photo of the Plaintiff is annexed hereto as Exhibit 1 and fully incorporated herein. 9. On or about June 5, 2021, Defendant posted defamatory untrue statements about Plaintiff on the Account to the public at large, including statements that Plaintiff committed sexual misconduct with minors. Defendant published a statement that Plaintiff sent a “dick picture” to fourteen (l4) year old minors, stating “He send[s] it [the “dick pic”] to a group with 14 year olds.” A copy of Defendant’s false and defamatory publication is annexed hereto as Exhibit 2 and fully incorporated herein. 10. That in or about June, 2021, Defendant falsely impersonated Plaintiff on the Account, and published false, defamatory, and derogatory comments while holding himself out to the public to be Plaintiff. 11. That in or about June 2021, Plaintiff reported Defendant’s actions to local law enforcement. 12. That upon information and belief on or about June 8, 2021, Police Detectives went to the Defendant’s home and told the Defendant that the publications on Defendant’s Instagram page were false and instructed the Defendant to delete said Instagram account. 13. On or about June 11, 2021, Defendant’s brother deactivated, but did not delete, the Account. 14. On or about July 4, 2021, Defendant reactivated the Account, thus re-publishing the false and defamatory statements regarding Plaintiff to the 86 “followers” of the account. 2 2 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 15. From July 6, 2021 through July 9, 2021, the Police Detectives contacted Defendant and/or Defendant’s parents by telephone and again directed that Defendant delete the Instagram account. AS AND FOR A FIRST CAUSE OF ACTION Defamation 16. Plaintiff repeats, reiterates and realleges each of the allegations set forth in paragraphs “1” through “15[,]” as if set forth herein at length. 17. That Defendant intentionally published false and unprivileged statements on the internet to third parties with the intent to injure Plaintiff’s reputation and cause him harm. The statements were instantly distributed and circulated to the public at large. See Exhibit 2. 18. That the statements made by Defendant on the public social media platform “Instagram” are false and were not statements made by Plaintiff. 19. That the statements were published on the social media platform known as “Instagram”, where Defendant knew or should have known that the statements could be heard and read by numerous people throughout the world, including Plaintiff’s employers, colleagues, and prospective employers, and in fact, such statements were read by some of Plaintiff’s colleagues. 20. Defendant made the false statements as set forth above with knowledge that they were false or otherwise fabricated, intended the false statements to be published in a manner that would harm Plaintiff, and either knew or recklessly disregarded the fact that they would cause Plaintiff to suffer substantial damages. 21. That the false statements are reasonably susceptible of such defamatory meaning on their face as they, amongst other things, portrayed that the Plaintiff violated the code of conduct of his college, imputed that Plaintiff committed sexual impropriety and misconduct 3 3 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 toward minors, and stated false facts that tend to injure the Plaintiff in his business, trade, and profession. 22. That the publishing of the false statements tends to directly injure Plaintiff in his future career prospects and harm Plaintiff with regard to present and future business opportunities, as well as damage his reputation and good name. The statements have injured Plaintiff’s reputation and have impeached Plaintiff’s integrity and virtue. Thus, the defamatory statements were defamatory per se. 23. That the false statements published by Defendant charge Plaintiff with a serious crime, sexual misconduct toward minors. Thus, the defamatory statements were defamatory per se. 24. That Defendant knew, or should have known, that the statements were false. 25. That Defendant’s false statements caused Plaintiff injury and harm. 26. That Defendant’s false statements were intentionally made with actual malice and intent to cause injury and motivated by spite or ill will. This conduct subjects Defendant to punitive damages. 27. By virtue of the foregoing, Plaintiff has been damaged in an amount to be determined at the trial of this matter. WHEREFORE, Plaintiff demands judgment against the Defendant on all causes of action in the sum of the amount greater than the jurisdictional limit of all lower courts to be determined by the trier of fact, plus punitive damages, the costs of this action, pre-judgment interest and reasonable attorney’s fees as permitted under the law, together with such other and further relief as the Court may deem just and proper. Dated: New York, New York March 16, 2023 Daniel Szalkiewicz & Associates, P.C. By: Daniel S. Szalkiewicz, Esq. 4 4 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 VERIFICATION STATE OF NEW YORK } }S.S.: COUNTY OF QUEENS } SEAN DUGAN being duly sworn, deposes and says: That deponent is the Plaintiff in the within action; that he has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to deponent’s own knowledge except those matters therein stated to be alleged upon information and belief, and that as to those matters, he believes them to be true. _______________________________ SEAN DUGAN Sworn to me this 16th day Daniel S. Szalkiewicz of March 2023 Notary Public, State of New York No. 02SZ0000312 Qualified in New York County _____________________ Commission Expires 02/02/2027 Notary Public This electronic notarial act involved a remote online appearance involving the use of communication technology 5 5 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 Exhibit 1 6 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2022 03/16/2023 04:26 02:04 PM INDEX NO. 525698/2021 10 NYSCEF DOC. NO. 39 03/16/2022 RECEIVED NYSCEF: 03/16/2023 seanduganadelphi Con1 rm Delete 29 86 9 Posts Followers Following Sean Dugan This account is not af filiated with, sponsored by, or University." endorsed by Adelphi Don't sue me please I aheady pay a lot with the tuition®A4 Follow Message . fa . Report this account. This is not me do not a snot at atop a anop supermarket in West Hempst ead hI a T qgamm*tunannamesnunamns o 7 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2023 02:04 PM INDEX NO. 525698/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/16/2023 Exhibit 2 8 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2022 03/16/2023 04:26 02:04 PM INDEX NO. 525698/2021 10 NYSCEF DOC. NO. 39 03/16/2022 RECEIVED NYSCEF: 03/16/2023 SEANDUGANADEiPHI Posts seanduganadelphi "" I have some information on sean Dugan Yes He harassed me and my female friends Really? Yes He threatened to fix Dox M friend O Q V 2 likes seanduganadelphi Dang @seanyyyy.d this true? @adelphiti 9 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2022 03/16/2023 04:26 02:04 PM INDEX NO. 525698/2021 10 NYSCEF DOC. NO. 39 03/16/2022 RECEIVED NYSCEF: 03/16/2023 Si ANDU G r.i!ADELPH: Posts seanduganadelphi ... My friend Tell me more He threatens to call my parents Dang any proof or evidence I have his dick picture Thats disgusting don't send me that 2 likes seanduganadelphi Wtf @seanyyyy.d 10 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8 FILED: KINGS COUNTY CLERK 03/16/2022 03/16/2023 04:26 02:04 PM INDEX NO. 525698/2021 10 NYSCEF DOC. NO. 39 03/16/2022 RECEIVED NYSCEF: 03/16/2023 SEANDUGANADELPHF Posts seanduganadelphi ... vvaWwpy wouja ne segur Because he's disgusting He send it to a group with 14 year olds There has to be a reason tho What's your history with hirn li7e? He used to be my friend until he started talking behind my back So what lead to him sending duck picks and u threatening Because I said I was going to tell Adelphi . . O Q V 1 like seanduganadelphi @adelphiu you gotta do something about @seanyyyy.d w 1 commem 11 of 11 Doc ID: 9036805ae42e32dff5643da3ae900fb5776a49c8