Preview
FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------X INDEX NO.:
DENISE WINNS, 701440/2023
PLAINTIFF
PLAINTIFF, SECOND
AMENDED
-against-
COMPLAINT
(Further to efiled,
9-5-23, 220PM, Order
of Honorable Tracy
Catapano-Fox, J.S.C.,
Document #52,
mandating service of
Plaintiff Second
Amended Complaint,
no later than 30 days
from 9-1-23 order)
THE CITY OF NEW YORK ;
NEW YORK CITY HEALTH AND
HOSPITAL CORPORATION ;
HELEN ORTEGA; MICHAEL
MILLINEK; JUAN CHECO; TANYA MOORE; SIXTO
VALENTIN;
DEFENDANTS.
_____ _ _ _ __-_________________________________...-- _____________Ç
The plaintiff, by and through her
attorney Gary S. Fish, Esq., sets forth the following
as her Second Amended Complaint herein, further to the above Court Order.
AS AND FOR A FIRST CAUSE OF ACTION:
(HOSTILE WORK ENVIRONMENT, VIOLATION OF SECTION 296 OF NEW YORK
EXECUTIVE LAW, PLAINTIFF against DEFENDANTS)
1. From on or about 3-2022, , up to and including June 6, 2023, and up to and
including the present, plaintiff was and is employed as a hospital police sergeant, Division 6,
Elmhurst Hospital, Elmhurst, Queens, NY by defendant NYCHHC which exercised
dominion, possession, and/or control over defendant Helen Ortega, on information
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and belief Chief Executive and/or
Officer, over defendant Michael Millinek. on information
and belief, a Chief
Operating Officer (COO). and over defendant Sixto
Valentin, Captain, , and
over defendant Tanya Moore, Chiet each of the named defendants at all times
herein,
relevant herein, acted in a managerial
eapacity and/or authorized and/or directed and/or
ratified each ofthe below described acts of
wrongdoing, which were all committed within the
scope of and/or
agency authority and/or employment on behalf of defendant NYCHHC,
and/or defendant The
City of New York, which also
expressly and/or ratified each
impliedly
below described act of
wrongdoing herein.
2 At all times relevant herein, on or about March and
2022, including June and
6, 2023, up
to and including1he present. plaintiff belonged to a protected as an
class, African-American
Female, and each act of
wrongdoing herein after described was
substantially motivated by
racially discriminatory and/or gender bias and animus against the plaintiff herein.
3- The defendants, and each of them, from on or about March and
2022, June 6,
including
2023, and up to and the
including present , and at all times relevant herein, up to and
including
the present, created and/or maintained and/or irnplemented and/or engaged in a
hostile, and/or
harassing and/or and/or
degrading retaliatory work environment directed against the plaintift
without any bona fide occupational qualification and/or purpose and/or whhout just cause
und/or without business
justification, in one or more of the
following ways. in that:
(a)
defendant Chief Tanya Moore, and/or Detec6ve Yagual at the direction and/or instruction of
defendant Chief Tanya Moore, installed cameras outside the women's locker room at Elmhurst
Ilospital for the purpose of
conducting surveillance of without just cause
plaintiff, any and/or
business justification for
existing same, which conduct was and/or
expressly impliedly ratified
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by the above mentioned managerial officers and/or agents affiliated with Elmhurst IIospital
and which surveillartee cameras were not installed outside the men's locker room. and therefore
constituted a hostile gender biased work environment against the female plaintiftl defendant
(b)
Chief Tanya Moore confiscated plaintiff's personal
property, including her police memo book.
without notice and an
opportunity to be heard, and
thereby substantially engaged in conduct
detrimental to police functions and plaintifTro
exposing foreseeable loss of evidence and/or
witnesses, and further plaintiff
exposing to
foreseeably and/or criminal
disciplinary sanctions. for
being v ithout her police rnemo book; ( e ) defendant Chief Tanya Moore, ordered plaintiff, from
on or about June
July 2022, up to
6, 2023, and to and the
up including present, to work,
midnight night shifts, resulting in loss of benefits and overtime to and
her, therefore engaged in
disparate
discriminatory treatment of plaintiff. as other
insolitr male officers. who had less
seniority than did not have
plaintitL to work such shifts: and defendant Chief Tanya
(d) Moore,
while plaintiff was off duty, made disparaging comments about her attire and/or
grey shirts,
although there existed no just cause and/or business justification for same.
4. The aforesaid conduct was egregious, wanton, willful, and/or oppressive, was calculated
to and did result in loss of property rights to the plaintiff,and the defendants are liable 16r
punitive and damages as a result
exegnplary thereof.
defendants"
5. As a result of hostile work environment against plaintiff, which was
substantial, and/or continuous and/or ratified
by the defendants herein. plaintiff was caused
to sustain and will sustain loss of earnings
, and/or loss of which will
earning capacity, long
continue, loss of work promotional opportunities. and incurred and will incur reasonable
attorney fees and costs,
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6. As a ofdefendants'
result
hostile work environment against
plaintiff, plaintiff was caused
to sustain increased blood pressure, lost consciousness while sustained
working, emotional pain
and
suffering, which w) long continue, sustained injuries to
heads, neck, back, and body, and
also incurred
hospital, medical and medical-related expenses.
7. Plaintiff (then
claimant) timely and served
properly personally a notice of claim
on Office of Corp. Counsel City of New York, on gNovember 10, 202, at 348PM. and also
timely and served a
properly notice of claim on the relevant parties. acknowledged as Claim
#2022LEO33417, and Claim #2022LEO32489.
8. Plaintiff(then
claimant) 50-h was held and
hearing completed on 1-1
I-23, and plaintiff
has fulfilled and
any all conditions precedent to
bringing the subject lawsuit herein.
AS AND FOR A SECOND CAUSE OF ACTION:
(INTENTlONAL INFLICTION OF SEVERE EMOTIONAL D.[STRESS)
9. Plaintiff herewith repeats. restates and realleges Paragraphs l-8 herein above,
10. The aforesaid conduct by defendants, and each of them, was outrageous, beyond all
bounds of moral and/or
probity civility and/or righteousness, was calculated to and did result
in plaintiff
sustaining severe emotional and
distress, defendants are liable for intentional
infliction of severe emotional distress as result thereof.
11. The aforesaid conduct of defendants was wanton, egregious, opprobrious, was calculated
to and did result in 10ss of plaintiff s
and
property rights, defendants are liable for punitive and
exemplary damages as a result thereof.
AS AND FOR A THIRD CAUSE OF ACTION:
(INVASION OF PFUVACY)
12. Plaintiff herewith repeats, restates and realleges Paragraphs 1-I 1 herein above.
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13. From on or about March 2022, up to and
including February 2023, and to
up
and June
including 6, 2023, and to and
up including the defendant
presem, Chief Tanya Moore
went into plaintiff's locker.. and took and/or damaged her
laptop computer, refi·igerator, and
filing
cabinets, without justification and/or good cause for same.
14. The aforesaid conduct was egregious. wanton, opprobrious. and defendants, and each of
them, are liable for punitive and
exemplaiy damages as a result thereof.
AS AND FOR A FOURTH CAUSE OF ACTION:
(CONVERSTON)
15. Plaintiff herewith repeats. restates and realleges Paragraphs
Preview
FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------X INDEX NO.: DENISE WINNS, 701440/2023 PLAINTIFF PLAINTIFF, SECOND AMENDED -against- COMPLAINT (Further to efiled, 9-5-23, 220PM, Order of Honorable Tracy Catapano-Fox, J.S.C., Document #52, mandating service of Plaintiff Second Amended Complaint, no later than 30 days from 9-1-23 order) THE CITY OF NEW YORK ; NEW YORK CITY HEALTH AND HOSPITAL CORPORATION ; HELEN ORTEGA; MICHAEL MILLINEK; JUAN CHECO; TANYA MOORE; SIXTO VALENTIN; DEFENDANTS. _____ _ _ _ __-_________________________________...-- _____________Ç The plaintiff, by and through her attorney Gary S. Fish, Esq., sets forth the following as her Second Amended Complaint herein, further to the above Court Order. AS AND FOR A FIRST CAUSE OF ACTION: (HOSTILE WORK ENVIRONMENT, VIOLATION OF SECTION 296 OF NEW YORK EXECUTIVE LAW, PLAINTIFF against DEFENDANTS) 1. From on or about 3-2022, , up to and including June 6, 2023, and up to and including the present, plaintiff was and is employed as a hospital police sergeant, Division 6, Elmhurst Hospital, Elmhurst, Queens, NY by defendant NYCHHC which exercised dominion, possession, and/or control over defendant Helen Ortega, on information -1- 1 of 13 FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023 b.II"" A 4 w 4 1W NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023 and belief Chief Executive and/or Officer, over defendant Michael Millinek. on information and belief, a Chief Operating Officer (COO). and over defendant Sixto Valentin, Captain, , and over defendant Tanya Moore, Chiet each of the named defendants at all times herein, relevant herein, acted in a managerial eapacity and/or authorized and/or directed and/or ratified each ofthe below described acts of wrongdoing, which were all committed within the scope of and/or agency authority and/or employment on behalf of defendant NYCHHC, and/or defendant The City of New York, which also expressly and/or ratified each impliedly below described act of wrongdoing herein. 2 At all times relevant herein, on or about March and 2022, including June and 6, 2023, up to and including1he present. plaintiff belonged to a protected as an class, African-American Female, and each act of wrongdoing herein after described was substantially motivated by racially discriminatory and/or gender bias and animus against the plaintiff herein. 3- The defendants, and each of them, from on or about March and 2022, June 6, including 2023, and up to and the including present , and at all times relevant herein, up to and including the present, created and/or maintained and/or irnplemented and/or engaged in a hostile, and/or harassing and/or and/or degrading retaliatory work environment directed against the plaintift without any bona fide occupational qualification and/or purpose and/or whhout just cause und/or without business justification, in one or more of the following ways. in that: (a) defendant Chief Tanya Moore, and/or Detec6ve Yagual at the direction and/or instruction of defendant Chief Tanya Moore, installed cameras outside the women's locker room at Elmhurst Ilospital for the purpose of conducting surveillance of without just cause plaintiff, any and/or business justification for existing same, which conduct was and/or expressly impliedly ratified -2- 2 of 13 FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023 ...h.IL + d Fr '4un- NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023 by the above mentioned managerial officers and/or agents affiliated with Elmhurst IIospital and which surveillartee cameras were not installed outside the men's locker room. and therefore constituted a hostile gender biased work environment against the female plaintiftl defendant (b) Chief Tanya Moore confiscated plaintiff's personal property, including her police memo book. without notice and an opportunity to be heard, and thereby substantially engaged in conduct detrimental to police functions and plaintifTro exposing foreseeable loss of evidence and/or witnesses, and further plaintiff exposing to foreseeably and/or criminal disciplinary sanctions. for being v ithout her police rnemo book; ( e ) defendant Chief Tanya Moore, ordered plaintiff, from on or about June July 2022, up to 6, 2023, and to and the up including present, to work, midnight night shifts, resulting in loss of benefits and overtime to and her, therefore engaged in disparate discriminatory treatment of plaintiff. as other insolitr male officers. who had less seniority than did not have plaintitL to work such shifts: and defendant Chief Tanya (d) Moore, while plaintiff was off duty, made disparaging comments about her attire and/or grey shirts, although there existed no just cause and/or business justification for same. 4. The aforesaid conduct was egregious, wanton, willful, and/or oppressive, was calculated to and did result in loss of property rights to the plaintiff,and the defendants are liable 16r punitive and damages as a result exegnplary thereof. defendants" 5. As a result of hostile work environment against plaintiff, which was substantial, and/or continuous and/or ratified by the defendants herein. plaintiff was caused to sustain and will sustain loss of earnings , and/or loss of which will earning capacity, long continue, loss of work promotional opportunities. and incurred and will incur reasonable attorney fees and costs, -3- 3 of 13 FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023 6. As a ofdefendants' result hostile work environment against plaintiff, plaintiff was caused to sustain increased blood pressure, lost consciousness while sustained working, emotional pain and suffering, which w) long continue, sustained injuries to heads, neck, back, and body, and also incurred hospital, medical and medical-related expenses. 7. Plaintiff (then claimant) timely and served properly personally a notice of claim on Office of Corp. Counsel City of New York, on gNovember 10, 202, at 348PM. and also timely and served a properly notice of claim on the relevant parties. acknowledged as Claim #2022LEO33417, and Claim #2022LEO32489. 8. Plaintiff(then claimant) 50-h was held and hearing completed on 1-1 I-23, and plaintiff has fulfilled and any all conditions precedent to bringing the subject lawsuit herein. AS AND FOR A SECOND CAUSE OF ACTION: (INTENTlONAL INFLICTION OF SEVERE EMOTIONAL D.[STRESS) 9. Plaintiff herewith repeats. restates and realleges Paragraphs l-8 herein above, 10. The aforesaid conduct by defendants, and each of them, was outrageous, beyond all bounds of moral and/or probity civility and/or righteousness, was calculated to and did result in plaintiff sustaining severe emotional and distress, defendants are liable for intentional infliction of severe emotional distress as result thereof. 11. The aforesaid conduct of defendants was wanton, egregious, opprobrious, was calculated to and did result in 10ss of plaintiff s and property rights, defendants are liable for punitive and exemplary damages as a result thereof. AS AND FOR A THIRD CAUSE OF ACTION: (INVASION OF PFUVACY) 12. Plaintiff herewith repeats, restates and realleges Paragraphs 1-I 1 herein above. -4- 4 of 13 FILED: QUEENS COUNTY CLERK 09/07/2023 10:29 AM INDEX NO. 701440/2023 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/07/2023 13. From on or about March 2022, up to and including February 2023, and to up and June including 6, 2023, and to and up including the defendant presem, Chief Tanya Moore went into plaintiff's locker.. and took and/or damaged her laptop computer, refi·igerator, and filing cabinets, without justification and/or good cause for same. 14. The aforesaid conduct was egregious. wanton, opprobrious. and defendants, and each of them, are liable for punitive and exemplaiy damages as a result thereof. AS AND FOR A FOURTH CAUSE OF ACTION: (CONVERSTON) 15. Plaintiff herewith repeats. restates and realleges Paragraphs