Preview
FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022
NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------x
AARON LEVY, EVELYN LEVY and :
MATTHEW LEVY, :
: Index No.
Plaintiffs, :
- against - : COMPLAINT
CHR I S T INE xxxxxx , :
:
Defendant. :
--_________--------___---__-___------x
Plaintiffs Aaron Levy, Evelyn Levy and Matthew
Levy, by their attorneys Goodkind Labaton Rudoff & Sucharow
LLP, for their complaint against defendant xxxxxxxxxxxxxxxx,
allege as follows:
1. At all relevant times, Aaron Levy and Evelyn
Levy have been husband and wife and residents and citizens
of the state of New Jersey, and Aaron Levy has worked and
conducted business in the state of New York.
2. At all relevant times, Matthew Levy
("Matthew") has been a resident and citizen of the State of
New York. Matthew is the son of Aaron and Evelyn Levy.
3. Upon information and belief, at all relevant
times defendant xxxxxxxxxxxxxxxx ("xxxxxx") has been a
resident and citizen of the State of New York.
4. This action arises out of transactions or
occurrences in the states of New York and New Jersey.
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BACKGROUND
5. Matthew and xxxxxx have been acquaintances
since approximately 1983.
6. Matthew'and xxxxxx dated for a
During 1987,
short period of time.
7. Upon information and belief, since the time
that Matthew discontinued dating xxxxxx, xxxxxx has, from
time to time obsessed about ·her prior relationship with
Matthew, and attempted through various mechanisms to
rekindle their relationship.
8. From 1988 to the present, xxxxxx has during
various times, made overtures to Matthew and has contacted
Matthew repeatedly both over the phone and in person.
9. Since 1988, Matthew has repeatedly told
xxxxxx to refrain from contacting him and xxxxxx, despite
Matthew's request, has continued to do so.
10. In or about the beginning of March 1994,
Matthew informed xxxxxx that if she did not refrain from
calling Matthew, he would be forced to go to the police to
lodge a complaint against xxxxxx for to harass
continuing
him.
11. As a direct result of Matthew's notice to
xxxxxx that he intended to bring xxxxxx's phone harassment
to the attention of the appropriate authorities, xxxxxx
commenced a criminal proceeding against Matthew, which was
referred to the Institute for Mediation and Conflict
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xxxxxx claimed that
Resolution. In this proceeding, falsely
Matthew had been harassing xxxxxx.
with xxxxxx's claim, xxxxxx and
12. In connection
Matthew entered into a mediation agreement dated March 28,
Agreement" of which is annexed
1994 (the "Mediation a copy
hereto as Exhibit in which xxxxxx and Matthew agreed
A),
that would cease all communications between each other
they
and neither would disparage or talk about the other in their
respective work places.
First Cause of Action
13. Plaintiff Matthew Levy repeats and realleges
the allegations contained in paragraph 1 through 12 hereof
as if fully set forth herein at length.
14. From in or about June 1995 until the present,
xxxxxx has materially breached the Mediation Agreement by:
(i) calling Matthew at his place of
nusiness and his place of residence on a regular basis; and
(ii) calling individuals at Matthew's
place of business and Matthew.
disparaging
35. By reason of the foregoing, xxxxxx has
materially breached the terms of the Mediation Agreement.
16. Matthew has been damaged in
Levy an amount to
be determined at a trial in this action, which, upon
information and belief, exceeds the sum of one hundred
thousand ($100,000) dollars.
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..
Second Cause of Action
17. Plaintiff Matthew Levy repeats and realleges
the allegations contained in paragraphs 1 through 12 and 14
through 16 hereof as if fully set forth herein at length.
18. xxxxxx, with the intent to inflict upon
Matthew, substantial and severe emotional distress,
undertook a deliberate and malicious campaign to personally
harass Matthew over the telephone and to disparage to others
Matthew's good reputation in the business community.
19. xxxxxx's harassment of Matthew over the
telephone and her disparagement of Matthew to others has
been such extreme and outrageous conduct, which transcends
the bounds of decency, so to be regarded as atrocious and
intolerable behavior in civilized society.
20. xxxxxx has in fact successfully inflicted
severe emotional distress upon Matthew.
21. Matthew Levy has been damaged in an amount to
be determined at a trial of this action, which, upon
information and belief, exceeds the sum of one hundred
thousand ($100,000) dollars.
Third C pse of Actign
22. Plaintiff Matthew Levy repeats and realleges
the allegations contained in paragraphs 1 through 12, 14
through 16 and 18 through 21 hereof as if fully set forth
herein at length.
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.
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23. xxxxxx has slandered Matthew by making
numerous false and defamatory statements.
(i) On October 6, 1995 xxxxxx called
Jennifer Marwood, Senior VP of Human Resources at Atlantic
Recording Corp., and told her that Matthew "was trying to
hurt her, her life was in danger, Matthew was stalking and
her" and that Ms. Marwood should "warn other
harassing
people about him."
[there]
(ii) On October 19, 1995 xxxxxx left a
message on the answering machine at Evelyn and Aaron Levy's
home stating that Matthew "[is] involved with a lot of
drugs."
24. The statements referred to above were false
and known by xxxxxx to be false when made.
25. The statements referred to above constitute
slander per se.
26. As a result of the foregoing, xxxxxx has
defamed Matthew Levy and he has been damaged in an amount to
be determined at a trial of this action, which, upon
information and belief, exceeds the sum of one hundred
thousand ($100,000) dollars.
Fourth Cause qf Action
27. Plaintiffs Aaron Levy and Evelyn repeat
Levy
and reallege the allegations contained in paragraphs 1
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through 12 and 23 through 26 hereof as if fully set forth
herein at length.
28. (a) On or about October 19, 1995, xxxxxx
commenced Aaron at his place of
repeatedly calling Levy
business.
(b) On or about October 19, 1995, xxxxxx
commenced repeatedly calling Evelyn and Aaron Levy at their
residence in New Jersey.
29. These calls were of an annoying and harassing
nature.
30. Despite demands by the Levys that xxxxxx
discontinue making these- calls, xxxxxx continued to do the
same.
31. xxxxxx, with the intent to inflict upon Aaron
Levy and Evelyn Levy substantial and severe emotional
distress, undertook a deliberate and malicious campaign to
personally harass Aaron and Evelyn over the telephone.
32. xxxxxx's harassment of Aaron and Evelyn over
the telephone has been extreme and outrageous conduct, which
transcends the bounds of decency, so as to be regarded as
atrocious and intolerable behavior in civilized society.
33. Among other falsehoods told by xxxxxx, xxxxxx
has told Aaron and Evelyn that Matthew is a drug addict.
34. xxxxxx has in fact
successfully inflicted
severe emotional distress upon Aaron and Evelyn.
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Aaron and Evelyn have been damaged in an
35. Levy
amount to be determined at a trial of this action, which,
upon information and belief exceeds the sum of one hundred
thousand ($100,000) dollars.
plaintiffs demand judgment:
WHEREFORE,
(a) Matthew Levy damages on the
awarding
First through Third Causes of action in an amount to be
determined at a trial of this action, which, upon
information and belief exceeds the sum of one hundred
thousand ($100,000) dollars;
(b) awarding Aaron Levy and Evelyn Levy
damages on the Fourth Cause of Action in an amount to be
determined at a trial of this action which, upon information
and belief exceeds the sum of one hundred thousand
($100,000) dollars;
(c) granting such other and further relief
as this Court may deem just and proper.
Dated: New York, New York
November 16, 1995
GOODKIND LABATON RUDOFF
& SUCHAROW LLP
Attorneys for Plaintiffs
100 Park Avenue
New York, New York 10017
(212) 907-0700
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Preview
FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------x AARON LEVY, EVELYN LEVY and : MATTHEW LEVY, : : Index No. Plaintiffs, : - against - : COMPLAINT CHR I S T INE xxxxxx , : : Defendant. : --_________--------___---__-___------x Plaintiffs Aaron Levy, Evelyn Levy and Matthew Levy, by their attorneys Goodkind Labaton Rudoff & Sucharow LLP, for their complaint against defendant xxxxxxxxxxxxxxxx, allege as follows: 1. At all relevant times, Aaron Levy and Evelyn Levy have been husband and wife and residents and citizens of the state of New Jersey, and Aaron Levy has worked and conducted business in the state of New York. 2. At all relevant times, Matthew Levy ("Matthew") has been a resident and citizen of the State of New York. Matthew is the son of Aaron and Evelyn Levy. 3. Upon information and belief, at all relevant times defendant xxxxxxxxxxxxxxxx ("xxxxxx") has been a resident and citizen of the State of New York. 4. This action arises out of transactions or occurrences in the states of New York and New Jersey. 1 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 BACKGROUND 5. Matthew and xxxxxx have been acquaintances since approximately 1983. 6. Matthew'and xxxxxx dated for a During 1987, short period of time. 7. Upon information and belief, since the time that Matthew discontinued dating xxxxxx, xxxxxx has, from time to time obsessed about ·her prior relationship with Matthew, and attempted through various mechanisms to rekindle their relationship. 8. From 1988 to the present, xxxxxx has during various times, made overtures to Matthew and has contacted Matthew repeatedly both over the phone and in person. 9. Since 1988, Matthew has repeatedly told xxxxxx to refrain from contacting him and xxxxxx, despite Matthew's request, has continued to do so. 10. In or about the beginning of March 1994, Matthew informed xxxxxx that if she did not refrain from calling Matthew, he would be forced to go to the police to lodge a complaint against xxxxxx for to harass continuing him. 11. As a direct result of Matthew's notice to xxxxxx that he intended to bring xxxxxx's phone harassment to the attention of the appropriate authorities, xxxxxx commenced a criminal proceeding against Matthew, which was referred to the Institute for Mediation and Conflict - 2 - 2 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 xxxxxx claimed that Resolution. In this proceeding, falsely Matthew had been harassing xxxxxx. with xxxxxx's claim, xxxxxx and 12. In connection Matthew entered into a mediation agreement dated March 28, Agreement" of which is annexed 1994 (the "Mediation a copy hereto as Exhibit in which xxxxxx and Matthew agreed A), that would cease all communications between each other they and neither would disparage or talk about the other in their respective work places. First Cause of Action 13. Plaintiff Matthew Levy repeats and realleges the allegations contained in paragraph 1 through 12 hereof as if fully set forth herein at length. 14. From in or about June 1995 until the present, xxxxxx has materially breached the Mediation Agreement by: (i) calling Matthew at his place of nusiness and his place of residence on a regular basis; and (ii) calling individuals at Matthew's place of business and Matthew. disparaging 35. By reason of the foregoing, xxxxxx has materially breached the terms of the Mediation Agreement. 16. Matthew has been damaged in Levy an amount to be determined at a trial in this action, which, upon information and belief, exceeds the sum of one hundred thousand ($100,000) dollars. - 3 - 3 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 .. Second Cause of Action 17. Plaintiff Matthew Levy repeats and realleges the allegations contained in paragraphs 1 through 12 and 14 through 16 hereof as if fully set forth herein at length. 18. xxxxxx, with the intent to inflict upon Matthew, substantial and severe emotional distress, undertook a deliberate and malicious campaign to personally harass Matthew over the telephone and to disparage to others Matthew's good reputation in the business community. 19. xxxxxx's harassment of Matthew over the telephone and her disparagement of Matthew to others has been such extreme and outrageous conduct, which transcends the bounds of decency, so to be regarded as atrocious and intolerable behavior in civilized society. 20. xxxxxx has in fact successfully inflicted severe emotional distress upon Matthew. 21. Matthew Levy has been damaged in an amount to be determined at a trial of this action, which, upon information and belief, exceeds the sum of one hundred thousand ($100,000) dollars. Third C pse of Actign 22. Plaintiff Matthew Levy repeats and realleges the allegations contained in paragraphs 1 through 12, 14 through 16 and 18 through 21 hereof as if fully set forth herein at length. - 4 - . 4 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 23. xxxxxx has slandered Matthew by making numerous false and defamatory statements. (i) On October 6, 1995 xxxxxx called Jennifer Marwood, Senior VP of Human Resources at Atlantic Recording Corp., and told her that Matthew "was trying to hurt her, her life was in danger, Matthew was stalking and her" and that Ms. Marwood should "warn other harassing people about him." [there] (ii) On October 19, 1995 xxxxxx left a message on the answering machine at Evelyn and Aaron Levy's home stating that Matthew "[is] involved with a lot of drugs." 24. The statements referred to above were false and known by xxxxxx to be false when made. 25. The statements referred to above constitute slander per se. 26. As a result of the foregoing, xxxxxx has defamed Matthew Levy and he has been damaged in an amount to be determined at a trial of this action, which, upon information and belief, exceeds the sum of one hundred thousand ($100,000) dollars. Fourth Cause qf Action 27. Plaintiffs Aaron Levy and Evelyn repeat Levy and reallege the allegations contained in paragraphs 1 - 5 - 5 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 through 12 and 23 through 26 hereof as if fully set forth herein at length. 28. (a) On or about October 19, 1995, xxxxxx commenced Aaron at his place of repeatedly calling Levy business. (b) On or about October 19, 1995, xxxxxx commenced repeatedly calling Evelyn and Aaron Levy at their residence in New Jersey. 29. These calls were of an annoying and harassing nature. 30. Despite demands by the Levys that xxxxxx discontinue making these- calls, xxxxxx continued to do the same. 31. xxxxxx, with the intent to inflict upon Aaron Levy and Evelyn Levy substantial and severe emotional distress, undertook a deliberate and malicious campaign to personally harass Aaron and Evelyn over the telephone. 32. xxxxxx's harassment of Aaron and Evelyn over the telephone has been extreme and outrageous conduct, which transcends the bounds of decency, so as to be regarded as atrocious and intolerable behavior in civilized society. 33. Among other falsehoods told by xxxxxx, xxxxxx has told Aaron and Evelyn that Matthew is a drug addict. 34. xxxxxx has in fact successfully inflicted severe emotional distress upon Aaron and Evelyn. - 6 - 6 of 7 FILED: NEW YORK COUNTY CLERK 12/09/2023 11:33 PM INDEX NO. 800003/2022 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 12/09/2023 Aaron and Evelyn have been damaged in an 35. Levy amount to be determined at a trial of this action, which, upon information and belief exceeds the sum of one hundred thousand ($100,000) dollars. plaintiffs demand judgment: WHEREFORE, (a) Matthew Levy damages on the awarding First through Third Causes of action in an amount to be determined at a trial of this action, which, upon information and belief exceeds the sum of one hundred thousand ($100,000) dollars; (b) awarding Aaron Levy and Evelyn Levy damages on the Fourth Cause of Action in an amount to be determined at a trial of this action which, upon information and belief exceeds the sum of one hundred thousand ($100,000) dollars; (c) granting such other and further relief as this Court may deem just and proper. Dated: New York, New York November 16, 1995 GOODKIND LABATON RUDOFF & SUCHAROW LLP Attorneys for Plaintiffs 100 Park Avenue New York, New York 10017 (212) 907-0700 - 7 - 7 of 7