Preview
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FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023
urliasu:
NYSCEF DOC. NO. 30 gunmmu uvuarz clasma A u g.a g uza uz : i s emy
- -· RECEIVED
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NYSCEF: 01/24/2024
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NYSCEF DOC. NO. 10
RECEIVED NYSCEF: 10/23/202 2
MICHAEL /40N80
HE
NEW YO
TY OF NEW YORK;
CORPORATION ("NYCHHL ) NY,
Municipal Build ng,
New 530
f York,
of Comptrone Lity
To: Oface e eet ,
C 79 0
Officer O e en
Hospital
Division 6,
Exec tive (
a
hurst ,
Oa I
Commission Juan
Queens,N
Broadway, Elmhurst,
aga inst you as
makes a claim
claimant h ere by
undersigned
TAKE NOTICE that the
PGASE
follows
each
aimJSland E
MICHAEL ALONSO
Avenue
390 Morris &
NJ 07901
Summit,
S.
Esq.,AttorneyforClaimant,
Gary Fi..h,
#210, NY, NY 10007
20 Vesey Street,
964-5100.
(212)
Law Section 296,
Hostile Work
Violation of New York Executive
2. NE_Ic_oplCÇlaiag:
Violation of Equal
Talentional Infktion of Severe Emotional Distress;
Environment;
under Section349 Of
Deceptive Business Practice,
Protection and Due Process,
Unfair and
General Business Law of State of New York
3.
Mbeganner in whictithtjLaimE9E_
about December 2022, and at all relevant
Frorn on or about 2001, through on or 1,
January
at
timea herein, olaimant was employed as a sergeant with the hospital police, Division 6,
Elmhurst Hospital, 79-01 Broadway, Elmhurst, Queens, NY I
1373, and was then employed
with NYCHHC, a division, and/or agency and/or subsidiary of The City of New York, which at
all times herein, exercised dominion, and/or NYCHHC.
possession, ownership control over The
aforesaid managenal agents, servants and/or employees of NYCHil0 and/or Rimhorst Nospital
including but not limited to Chief Tanya and
Moore, Commissioner Juan Choco, as wcil as the
aforementioned
individuals,smated and/or¾d and/or )r engaged in a
hostile, harassing, and/or work environrnent without
retaliatory any bona fide occupational
FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/24/2024
J.a
N S E OC.
RECEIVED NYSCEF: 10/23/2022
in violation
directed against claimant,
and/or without just cause,
and/or purpose any
qualification
ways, from on
one or more of the following
in
New York Executive Law Section 296, inter alia,
of Commissioner
in that: (a)
on or about 12-1-2022,
March to and including
or about 2022, up claimant was more
position of although
Moore the Chief,
promoted Tanya to
Juan Checo, disparate and
which constituted
allowed to compete for this position,
qualified and was not
cause and/or
without just
he was a Caucasian, any
claimant because
treatment of
discriminatory from his work in an
removed claimant
Chief Tanya Moore
business justification for same; (b)
sergeant while Officer Anthony
made him work as a uniformed
administrative capacity, and
did not have to work
OfEcer Stevens
and preferentially,
and
Stevens, was treated differently
Tanya Moore
double (c Chief
did fact have to work shifts; )
although claimant in
double shins,
an to be heard,
without notice and opportunity
confiscated claimant's police memo book,
functions and activities, and foreseeably
detrimental to police
in conduct
substantially engaging without his
sanctions, for being
and/or criminal
claimant to foreseeable disciplinary
exposing safeguarded the confiscated memo
Moore claimed that she
memo (d Chief Tanya
police book; )
Chief
safeguard this police memo book; (e
)
although in fact she did not so
book of claimant ,
with a and accused,
Officer Brewster day off,
claimant for providing
Tanya Moore criticized
same
overtime costs associated with
department to incur extra
claimant of the
wrongfully, causing disparat
and/or business justification,
without just cause
Chief Tanya Moore engaged in,
and (f)
was a Caucasian officer.
of claimant, because he
and treatment
discriminatory
)nduct
'
was calculated to d
oppressive
was wanton, willful,
egregious,
associate with
aforesal individuals
c annant, arK t le
dis result in
l) damages as a result
and exemplary
NHospital and/or NYCHHC, are liable for punitive
thereof.
and humiliation, which will long continup
of stress
4. Injuries and Damages: Sustaining anxiety,
of epileptic seizures
cardiac-related which will continue: sustaining
of injuries, long
; sustaining
medical-related expenses, which wi 3
of hospital, medical, and
which will
long continue; incurring
of reasonable fees and costs.
continue, incurring attorney
long
Million Dollars and Zero Cents.
5. Toolal Amount Claimed: General Damages of Fifteen
damages of Five Million Dollars and Ze
($15,000,000.00). Punitive and Exemplary Thirty
costs.
fees and re-judgment interest t
Cents ($35,000,000.00); of reasonable attorney ~
incurring
the presen
New and .
the maximum rate under York law, from March 2022, up to including
The undersigned claimant therefore presents this c aim or justment and payment Yo
are notified that unless said claim is adjusted and paid within the time provided by law,
hereby
from the date of this prese itation to you, the claimant intends to commence an action thereon.
DATED: NY, NY: RCSpecthny subadned,
Gary S. sh, : q.
Attorn for aimant
-2-
FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023
(Y1.Lir.ãU
NYSCEF DOC. NO. 30 : QUP..iP.ãN5 CUUN T
Preview
- FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023 urliasu: NYSCEF DOC. NO. 30 gunmmu uvuarz clasma A u g.a g uza uz : i s emy - -· RECEIVED - - NYSCEF: 01/24/2024 - NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/23/202 2 MICHAEL /40N80 HE NEW YO TY OF NEW YORK; CORPORATION ("NYCHHL ) NY, Municipal Build ng, New 530 f York, of Comptrone Lity To: Oface e eet , C 79 0 Officer O e en Hospital Division 6, Exec tive ( a hurst , Oa I Commission Juan Queens,N Broadway, Elmhurst, aga inst you as makes a claim claimant h ere by undersigned TAKE NOTICE that the PGASE follows each aimJSland E MICHAEL ALONSO Avenue 390 Morris & NJ 07901 Summit, S. Esq.,AttorneyforClaimant, Gary Fi..h, #210, NY, NY 10007 20 Vesey Street, 964-5100. (212) Law Section 296, Hostile Work Violation of New York Executive 2. NE_Ic_oplCÇlaiag: Violation of Equal Talentional Infktion of Severe Emotional Distress; Environment; under Section349 Of Deceptive Business Practice, Protection and Due Process, Unfair and General Business Law of State of New York 3. Mbeganner in whictithtjLaimE9E_ about December 2022, and at all relevant Frorn on or about 2001, through on or 1, January at timea herein, olaimant was employed as a sergeant with the hospital police, Division 6, Elmhurst Hospital, 79-01 Broadway, Elmhurst, Queens, NY I 1373, and was then employed with NYCHHC, a division, and/or agency and/or subsidiary of The City of New York, which at all times herein, exercised dominion, and/or NYCHHC. possession, ownership control over The aforesaid managenal agents, servants and/or employees of NYCHil0 and/or Rimhorst Nospital including but not limited to Chief Tanya and Moore, Commissioner Juan Choco, as wcil as the aforementioned individuals,smated and/or¾d and/or )r engaged in a hostile, harassing, and/or work environrnent without retaliatory any bona fide occupational FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/24/2024 J.a N S E OC. RECEIVED NYSCEF: 10/23/2022 in violation directed against claimant, and/or without just cause, and/or purpose any qualification ways, from on one or more of the following in New York Executive Law Section 296, inter alia, of Commissioner in that: (a) on or about 12-1-2022, March to and including or about 2022, up claimant was more position of although Moore the Chief, promoted Tanya to Juan Checo, disparate and which constituted allowed to compete for this position, qualified and was not cause and/or without just he was a Caucasian, any claimant because treatment of discriminatory from his work in an removed claimant Chief Tanya Moore business justification for same; (b) sergeant while Officer Anthony made him work as a uniformed administrative capacity, and did not have to work OfEcer Stevens and preferentially, and Stevens, was treated differently Tanya Moore double (c Chief did fact have to work shifts; ) although claimant in double shins, an to be heard, without notice and opportunity confiscated claimant's police memo book, functions and activities, and foreseeably detrimental to police in conduct substantially engaging without his sanctions, for being and/or criminal claimant to foreseeable disciplinary exposing safeguarded the confiscated memo Moore claimed that she memo (d Chief Tanya police book; ) Chief safeguard this police memo book; (e ) although in fact she did not so book of claimant , with a and accused, Officer Brewster day off, claimant for providing Tanya Moore criticized same overtime costs associated with department to incur extra claimant of the wrongfully, causing disparat and/or business justification, without just cause Chief Tanya Moore engaged in, and (f) was a Caucasian officer. of claimant, because he and treatment discriminatory )nduct ' was calculated to d oppressive was wanton, willful, egregious, associate with aforesal individuals c annant, arK t le dis result in l) damages as a result and exemplary NHospital and/or NYCHHC, are liable for punitive thereof. and humiliation, which will long continup of stress 4. Injuries and Damages: Sustaining anxiety, of epileptic seizures cardiac-related which will continue: sustaining of injuries, long ; sustaining medical-related expenses, which wi 3 of hospital, medical, and which will long continue; incurring of reasonable fees and costs. continue, incurring attorney long Million Dollars and Zero Cents. 5. Toolal Amount Claimed: General Damages of Fifteen damages of Five Million Dollars and Ze ($15,000,000.00). Punitive and Exemplary Thirty costs. fees and re-judgment interest t Cents ($35,000,000.00); of reasonable attorney ~ incurring the presen New and . the maximum rate under York law, from March 2022, up to including The undersigned claimant therefore presents this c aim or justment and payment Yo are notified that unless said claim is adjusted and paid within the time provided by law, hereby from the date of this prese itation to you, the claimant intends to commence an action thereon. DATED: NY, NY: RCSpecthny subadned, Gary S. sh, : q. Attorn for aimant -2- FILED: QUEENS COUNTY CLERK 01/24/2024 11:32 AM INDEX NO. 715899/2023 (Y1.Lir.ãU NYSCEF DOC. NO. 30 : QUP..iP.ãN5 CUUN T