Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018
SUPREME OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------X
LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016
Plaintiffs, ... .
-against- AFFIDAVIT OF LUIS
.
GARCIA
CZESLAW BASTRZYK and DAMIAN
BASTRZYK,
Defendants.
------------------------------------------------------------------X
LUIS GARCIA, being duly sworn deposes and swears.
1. I am one of the named Plaintiffs in this action, and as such I have knowledge of the
F'
facts and circumstances of this case based on my own personal knowledge, my records, my
communications with Plaintiff MARIE TRONCONE-GARCIA, and my communications with the
Defendants.
Plaintiffs'
2. I submit this affidavit in support of the motion seeking the following
relief:
.
a. partial judgment in favor of Plaintiff MARIE TRONCONE-
Granting summary
GARCIA with regard to her Third Cause of Action for Trespass as against the
Defendant CZESLAW BASTRZYK pursuant to CPLR 3212(e);
b. Such other and further relief as this Court deems just and proper.
Defendants'
3. I also submit this affidavit in opposition to the motion to dismiss.
(" Premises"
4. I reside at 73 Wadsworth AvÓnue, Staten Island, New York ("Subject Premises").
5. At all times relevant to this case, I resided with Plaintiff MARIE TRONCONE-
GARCIA in the Subject Premises.
6. At all times relevant to this case, Plaintiff MARIE
.MARIE TRONCONE-GARCIA was,
and stillis,my wife.
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7. I cannot remember the exact dates of all my arrests from memory; however, I can
say that the Defendants caused me to be arrested at least seven (7) times starting in October 2014.
"Sword"
8. The events that gave rise to my firstarrest (i.e. he Incident) are as follows:
9. On October I overheard Plaintiff MARIE TRONCONE-
2, 2014, my wife,
GARCIA, arguing with my neighbor, Defendant CZESLAW BASTRZYK, who resides at 77
Wadsworth Avenue, Staten Island, New York.
10. I went outside through my garage door, and saw that Defendant CZESLAW
BASTRZYK was standing in my driveway, and had a drill and a large wooden plank.
11. He was stillarguing with my wife, who was denianding that he get off her property.
12. I picked up a soft aluminum pipe in my garage and went outside through my garage
door. •
13. I told Defendant CZESLAW BASTRZYK to get off of my wife's driveway, and
he refused.
14. I chased him from my wife's driveway and away her property.
15. Once he retreated from the Subject Premises, I returned to the Subject Premises.
16. I never hit Defendant CZESLAW BASTRYZK with the pipe.
17. These events were captured on Defendant CZESLAW BASTRZYK's surveillance
video. See video at Ex. F. I saw this video during my trialfor this incident.
18. The video shows that Defendant CZESLAW BASTRZYK came back after me with
the wooden plank once I turned my back; however, he stopped himself from going back onto the
driveway of the Subject Premises.
19. Later that evening the police came to arrest me.
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20. I did not know why I was arrested at the time, but eventually I discovered that
Defendant DAMIAN BASTRZYK called 911 and complained that I chased his father, Defendant
CZESLAW BASTRZYK, with a sword.
21. I have never owned a sword or otherwise had access to a sword at any time,
including at any time that is relevant to this case.
22. I was arrested at least six (6) more times thereafter for alleged violations of
Defendant CZESLAW BASTRZYK's order of protection.
"Sword"
23. The Defendants lied to the police about 11 Incident in order to get me
arrested.
24. I should never have been arrested and Defendant CZESLAW BASTRZYK should
never have gotten an order of protection.
25. Thereafter, the Defendants complained about additional made up incidents
involving me; at other times, the Defendants would intentionally provoke me in order to bait me
t.'",'
into violating the order of protection.
26. I was again arrested on October 31, 2014 for violating Defendant CZESLAW
("
BASTRZYK's order of protection ("Leaf>Throwing Incident").
27. Defendant CZESLAW BASTRZYK complained to me about leaves that were
falling in his backyard.
28. It was in the middle of autumn, and leaves were falling into everyone's backyard
including my own.
I
29. Defendant CZESLAW BASTRZYK blamed me because leaves from my tree was
falling into his backyard.
I,
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30. When Defendant CZESLAW BASTRZYK complained to me, I called him an
"asshole"
and spoke some other choice words to him because I thought he was being ridiculous.
31. By communicating with Defendant CZESLAW BASTRZYK, I later discovered
that I technically violated his order of protection.
32. The police did not care that Defendant CZESLAW BASTRZYK initiated this
exchange with me, and I was arrested a second time.
33. The police told me that I was being arrested because I threw leaves at Defendant
CZESLAW BASTRZYK, and that this was a violation of the order of protection.
34. I never threw leaves at Defendant CZESLAW BASTRZYK at any time.
35. I never threw leaves into Defendant CZESLAW BASTRZYK's yard at any time.
36. I never complained to Defendant CZESLAW BASTRZYK about him throwing
leaves into my backyard.
37. In January of 2015, I was arrested a third time.
38. I later discovered that I was arrested for a third time because Defendant DAMIAN
BASTRZYK accused me of shooting a BB gun at Defendant CZESLAW BASTRZYK ("BB Gun
Incident"
Incident").
39. I never owned a BB gun at any time, including at any time relevant to this case.
40. I never shot at Defendant CZESLAW BASTRZYK or any of the Defendants
windows with a BB gun.
i',
41. This BB Gun Incident was a total fabrication by the Defendants.
42. I never possessed or owned a BB gun at any time.
Defendants'
43. I never shot a BB gun or anything else at the garage windows or any
other property belonging to the Defendants.
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44. I never shot a BB gun or anything else at Defendant CZESLAW BASTRZYK at
any time.
Defendants'
45. Unlike the Defendants, I have photographs of the garage window from
—
2015-i.e. two days after the Defendants alleged I shot the garage windows. See
January 22,
Defendants'
photographs of the garage windows, which are visible from the Subject Premises, at
Ex. T.
Defendants'
46. My photographs of the garage windows show that their windows were
not broken at allor damage ineny apparent way. See Ex. T.
47. I was arrested a fourth time in April 2015 because I supposedly tried to run over
Incident"
defendant CZESLAW BASTRZYK with my car ("Car Incident").
48. While it is true that I parked my car behind Defendant CZESLAW BASTRZYK
while he was standing next to his car, I never tried to run him over.
49. I was driving a yellow/golden vehicle, not a blue vehicle as Defendant DAMIAN
BASTRZYK claims.
50. I preserved a video of the Car Incident which was recorded by my surveillance
camera. See video of Car Incident at Ex. Z.
I
51. I never told Defendant CZESLAW BASTRZYK during the alleged Car Incident,
.i
car.," "
or at any other time, "Next time I will hityou with my car
52. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident,
over."
or at any other time, "I should run you
1'
53. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident,
over."
or at any other time, "I am going to run you
l
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54. I never said Defendant CZESLAW BASTRZYK him during the alleged Car
car."
Incident, or at any other time, "Next time I will hit you with my
55. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident,
you!"
or at any other time, "I will kill you! I will kill
'I,
56. I never said any of the foregoing statements to Defendant CZESLAW
BASTRZTYK, nor did I say anything else to him, during the alleged Car Incident.
57. In fact, my windows were rolled up en I parked my car behind Defendant
CZESLAW BASTRZYK's car during the alleged Car Iricident.
58. I was arrested a fourth time after the alleged Car Incident because I supposedly
violated the order of protection yet again.
59. The fifth time I was arrested was in August 2015 for allegedly throwing an
unknown liquid substance into Defendant CZESLAW BASTRZYK's garden.
60. Supposedly, I was killing the plants in Defendant CZESLAW BASTRZYK's
vegetable garden with this unknown liquid substance
Defendants'
61. I never poured any liquid substance on the vegetable garden.
62. The only liquid substance that may have killed the vegetables is the urine of the
Defendants'
neighborhood cat, which likes to urinate and defecate in the garden.
63. The sixth arrest'occurred sometime in Septeinber 2015, a couple of days after I was
Incident."
found not guilty for the "Sword
64. I was arrested for stating the following to Defendant DAMIAN BASTRZYK: "I
dick!"
am going to fuck you up! Suck my
65. The truth is I did say those things to Defendant DAMIAN BASTRZYK as well as
other choice words.
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66. What Defendant DAMIAN BASTRZYK did not tell law enforcement is that he
you."
initiated this exchange by saying, among other things, "I'm going to kill
67. I did not know that a Defendant DAMIAN BASTRZYK had an order of protection.
68. I was served with Defendant DAMIAN BASTRZYK's order of protection ger_I
before.'
was arrested for this incident, not before. See Defendant DAMIAN BASTRZYK's order of
protection dated September 8, 2015 at Ex. EE.
69. I was never served or otherwise notified that the Criminal Court granted Defendant
DAMIAN BASTRZYK an order of protection.
f
70. Defendants acted maliciously by getting me arrest seven times, and clearly knew
their misrepresentations and provocations would result in my repeated arrest.
71. When I yelled out to Defendant DAMIAN BASTRZYK, I did not realize the
Defendants stillhad an order of protection against me because I was never served with or otherwise
notified that the Criminal Court issued him an order of protection.
72. My seventh arrest took place on January 12, 2016. On this occasion, Defendant
C2ESLAW BASTRZYK approached me and my wife, Plaintiff MARIE TRONCONE-GARCIA,
while we were sitting outside in front of the Subject Premises.
73. Defendant CZESLAW BASTRZYK, on his own initiative, approached us and
thrusted his cell phone in my wife's face, and just stared at us.
74. My wife told Defendant CZESLAW BASTRZYK to keep moving and not to bother
us.
75. When he ignored my wife's demand, I demanded that Defendant CZESLAW
'I
BASTRZYK leave.
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76. There was no way I would allow Defendant CZESLAW BASTRZYK to continue
to abuse me and my wife even if it meant I would be arrested again for violating the order of
protection.
77. Faced with the impossible dilemma of defending my wife or violating the
'
Defendant's order of protection, I did what any man would do: defend my wife.
78. Defendant CZESLAW BASTRZYK then called the police and caused me to be
arrested again.
79. Ultimately, the District Attorney's Office did not pursue this incident because it .
was plain that the Defendant was clearly provoking me and my wife.
80. Instead, the DA's Office issued a letter, dated August 18, 2016 wherein the DA's
')
Office indicates that itwould not prosecute the case. See Ex. FF.
81. The last incident occurred on Father's Day,.June 19, 2016, in the evening.
82. On this occasion, Defendant CZESLAW BASTRZYK was standing in his garden
watering his vegetables.
83. I was home, and I heard water being spray through an open window into the Subject
Premises.
84. I observed that Defendant CZESLAW BASTRZYK sprayed water with his water
hose into the Subject Premises•and onto the side of the house.
85. Defendant CZESLAW BASTRZK was. yet again attempting to provoke me into
violating his order of protection.
86. My surveillance camera caught Defendant CZESLAW BASTRZYK spraying
water into the Subject Premises. See video of Defendant CZESLAW BASTRZYK water
spraying
into the Subject Premises at Ex. JJ.
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87. I gave this video to my criminal defense attorney, Mark Fonte, Esq., soon thereafter.
88. Mr. Fonte showed the video to the District Attorney's Office.
89. Not long thereafter, the District Attorney moved to dismiss all remaining charges
against me for all.the other arrests.
90. The remaining charges were dismissed because the District Attorney's Office
finally understood that the Defendants were liars and were intentionally provoking me to get me
arrested.
91. The Defendants caused me and my wife great emotional distress because of my
repeated arrest.
92. The Defendants humiliated me and my wife in front of our neighbors and the
community.
\'.!.
93. Each time the police came to the Subject Premises to arrest me, the whole
neighborhood came to their window or came outside to watch me being led away in handcuffs.
94. I was so frustrated and distressed by these repeated arrests that I attempted to
commit suicide by hanging myself while in custody.
95. Afterwards, I made an appointment to seek a psychiatrist, but I never pursued
treatment with the psychiatrist because itwas too expensive and not entirely covered by my health
insurance.
1
',,'I
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I
Defendants'
WHEREFORE it isrespectfully requested that Court deny the motion for summary
judgment, grant summary judgment in favor of the Plaintiffs pursuant to CPLR 3212(b) and grant
the Plaintiffs such other and further relief as this Court deems just and proper.
CX Af Mk
LUIS GARCIA
Sworn to before me this +
day of July 2018.
pe NICHOLAS M. MOCCIA
Notary Pubilcof New York
tary c I.D.# 02M06267380
Qualifiedin Richmond Count
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Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 SUPREME OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------X LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016 Plaintiffs, ... . -against- AFFIDAVIT OF LUIS . GARCIA CZESLAW BASTRZYK and DAMIAN BASTRZYK, Defendants. ------------------------------------------------------------------X LUIS GARCIA, being duly sworn deposes and swears. 1. I am one of the named Plaintiffs in this action, and as such I have knowledge of the F' facts and circumstances of this case based on my own personal knowledge, my records, my communications with Plaintiff MARIE TRONCONE-GARCIA, and my communications with the Defendants. Plaintiffs' 2. I submit this affidavit in support of the motion seeking the following relief: . a. partial judgment in favor of Plaintiff MARIE TRONCONE- Granting summary GARCIA with regard to her Third Cause of Action for Trespass as against the Defendant CZESLAW BASTRZYK pursuant to CPLR 3212(e); b. Such other and further relief as this Court deems just and proper. Defendants' 3. I also submit this affidavit in opposition to the motion to dismiss. (" Premises" 4. I reside at 73 Wadsworth AvÓnue, Staten Island, New York ("Subject Premises"). 5. At all times relevant to this case, I resided with Plaintiff MARIE TRONCONE- GARCIA in the Subject Premises. 6. At all times relevant to this case, Plaintiff MARIE .MARIE TRONCONE-GARCIA was, and stillis,my wife. 1 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 7. I cannot remember the exact dates of all my arrests from memory; however, I can say that the Defendants caused me to be arrested at least seven (7) times starting in October 2014. "Sword" 8. The events that gave rise to my firstarrest (i.e. he Incident) are as follows: 9. On October I overheard Plaintiff MARIE TRONCONE- 2, 2014, my wife, GARCIA, arguing with my neighbor, Defendant CZESLAW BASTRZYK, who resides at 77 Wadsworth Avenue, Staten Island, New York. 10. I went outside through my garage door, and saw that Defendant CZESLAW BASTRZYK was standing in my driveway, and had a drill and a large wooden plank. 11. He was stillarguing with my wife, who was denianding that he get off her property. 12. I picked up a soft aluminum pipe in my garage and went outside through my garage door. • 13. I told Defendant CZESLAW BASTRZYK to get off of my wife's driveway, and he refused. 14. I chased him from my wife's driveway and away her property. 15. Once he retreated from the Subject Premises, I returned to the Subject Premises. 16. I never hit Defendant CZESLAW BASTRYZK with the pipe. 17. These events were captured on Defendant CZESLAW BASTRZYK's surveillance video. See video at Ex. F. I saw this video during my trialfor this incident. 18. The video shows that Defendant CZESLAW BASTRZYK came back after me with the wooden plank once I turned my back; however, he stopped himself from going back onto the driveway of the Subject Premises. 19. Later that evening the police came to arrest me. 2 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 i NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 20. I did not know why I was arrested at the time, but eventually I discovered that Defendant DAMIAN BASTRZYK called 911 and complained that I chased his father, Defendant CZESLAW BASTRZYK, with a sword. 21. I have never owned a sword or otherwise had access to a sword at any time, including at any time that is relevant to this case. 22. I was arrested at least six (6) more times thereafter for alleged violations of Defendant CZESLAW BASTRZYK's order of protection. "Sword" 23. The Defendants lied to the police about 11 Incident in order to get me arrested. 24. I should never have been arrested and Defendant CZESLAW BASTRZYK should never have gotten an order of protection. 25. Thereafter, the Defendants complained about additional made up incidents involving me; at other times, the Defendants would intentionally provoke me in order to bait me t.'",' into violating the order of protection. 26. I was again arrested on October 31, 2014 for violating Defendant CZESLAW (" BASTRZYK's order of protection ("Leaf>Throwing Incident"). 27. Defendant CZESLAW BASTRZYK complained to me about leaves that were falling in his backyard. 28. It was in the middle of autumn, and leaves were falling into everyone's backyard including my own. I 29. Defendant CZESLAW BASTRZYK blamed me because leaves from my tree was falling into his backyard. I, 3 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 30. When Defendant CZESLAW BASTRZYK complained to me, I called him an "asshole" and spoke some other choice words to him because I thought he was being ridiculous. 31. By communicating with Defendant CZESLAW BASTRZYK, I later discovered that I technically violated his order of protection. 32. The police did not care that Defendant CZESLAW BASTRZYK initiated this exchange with me, and I was arrested a second time. 33. The police told me that I was being arrested because I threw leaves at Defendant CZESLAW BASTRZYK, and that this was a violation of the order of protection. 34. I never threw leaves at Defendant CZESLAW BASTRZYK at any time. 35. I never threw leaves into Defendant CZESLAW BASTRZYK's yard at any time. 36. I never complained to Defendant CZESLAW BASTRZYK about him throwing leaves into my backyard. 37. In January of 2015, I was arrested a third time. 38. I later discovered that I was arrested for a third time because Defendant DAMIAN BASTRZYK accused me of shooting a BB gun at Defendant CZESLAW BASTRZYK ("BB Gun Incident" Incident"). 39. I never owned a BB gun at any time, including at any time relevant to this case. 40. I never shot at Defendant CZESLAW BASTRZYK or any of the Defendants windows with a BB gun. i', 41. This BB Gun Incident was a total fabrication by the Defendants. 42. I never possessed or owned a BB gun at any time. Defendants' 43. I never shot a BB gun or anything else at the garage windows or any other property belonging to the Defendants. 4 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 44. I never shot a BB gun or anything else at Defendant CZESLAW BASTRZYK at any time. Defendants' 45. Unlike the Defendants, I have photographs of the garage window from — 2015-i.e. two days after the Defendants alleged I shot the garage windows. See January 22, Defendants' photographs of the garage windows, which are visible from the Subject Premises, at Ex. T. Defendants' 46. My photographs of the garage windows show that their windows were not broken at allor damage ineny apparent way. See Ex. T. 47. I was arrested a fourth time in April 2015 because I supposedly tried to run over Incident" defendant CZESLAW BASTRZYK with my car ("Car Incident"). 48. While it is true that I parked my car behind Defendant CZESLAW BASTRZYK while he was standing next to his car, I never tried to run him over. 49. I was driving a yellow/golden vehicle, not a blue vehicle as Defendant DAMIAN BASTRZYK claims. 50. I preserved a video of the Car Incident which was recorded by my surveillance camera. See video of Car Incident at Ex. Z. I 51. I never told Defendant CZESLAW BASTRZYK during the alleged Car Incident, .i car.," " or at any other time, "Next time I will hityou with my car 52. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident, over." or at any other time, "I should run you 1' 53. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident, over." or at any other time, "I am going to run you l 5 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 54. I never said Defendant CZESLAW BASTRZYK him during the alleged Car car." Incident, or at any other time, "Next time I will hit you with my 55. I never said to Defendant CZESLAW BASTRZYK during the alleged Car Incident, you!" or at any other time, "I will kill you! I will kill 'I, 56. I never said any of the foregoing statements to Defendant CZESLAW BASTRZTYK, nor did I say anything else to him, during the alleged Car Incident. 57. In fact, my windows were rolled up en I parked my car behind Defendant CZESLAW BASTRZYK's car during the alleged Car Iricident. 58. I was arrested a fourth time after the alleged Car Incident because I supposedly violated the order of protection yet again. 59. The fifth time I was arrested was in August 2015 for allegedly throwing an unknown liquid substance into Defendant CZESLAW BASTRZYK's garden. 60. Supposedly, I was killing the plants in Defendant CZESLAW BASTRZYK's vegetable garden with this unknown liquid substance Defendants' 61. I never poured any liquid substance on the vegetable garden. 62. The only liquid substance that may have killed the vegetables is the urine of the Defendants' neighborhood cat, which likes to urinate and defecate in the garden. 63. The sixth arrest'occurred sometime in Septeinber 2015, a couple of days after I was Incident." found not guilty for the "Sword 64. I was arrested for stating the following to Defendant DAMIAN BASTRZYK: "I dick!" am going to fuck you up! Suck my 65. The truth is I did say those things to Defendant DAMIAN BASTRZYK as well as other choice words. 6 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 66. What Defendant DAMIAN BASTRZYK did not tell law enforcement is that he you." initiated this exchange by saying, among other things, "I'm going to kill 67. I did not know that a Defendant DAMIAN BASTRZYK had an order of protection. 68. I was served with Defendant DAMIAN BASTRZYK's order of protection ger_I before.' was arrested for this incident, not before. See Defendant DAMIAN BASTRZYK's order of protection dated September 8, 2015 at Ex. EE. 69. I was never served or otherwise notified that the Criminal Court granted Defendant DAMIAN BASTRZYK an order of protection. f 70. Defendants acted maliciously by getting me arrest seven times, and clearly knew their misrepresentations and provocations would result in my repeated arrest. 71. When I yelled out to Defendant DAMIAN BASTRZYK, I did not realize the Defendants stillhad an order of protection against me because I was never served with or otherwise notified that the Criminal Court issued him an order of protection. 72. My seventh arrest took place on January 12, 2016. On this occasion, Defendant C2ESLAW BASTRZYK approached me and my wife, Plaintiff MARIE TRONCONE-GARCIA, while we were sitting outside in front of the Subject Premises. 73. Defendant CZESLAW BASTRZYK, on his own initiative, approached us and thrusted his cell phone in my wife's face, and just stared at us. 74. My wife told Defendant CZESLAW BASTRZYK to keep moving and not to bother us. 75. When he ignored my wife's demand, I demanded that Defendant CZESLAW 'I BASTRZYK leave. 7 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 76. There was no way I would allow Defendant CZESLAW BASTRZYK to continue to abuse me and my wife even if it meant I would be arrested again for violating the order of protection. 77. Faced with the impossible dilemma of defending my wife or violating the ' Defendant's order of protection, I did what any man would do: defend my wife. 78. Defendant CZESLAW BASTRZYK then called the police and caused me to be arrested again. 79. Ultimately, the District Attorney's Office did not pursue this incident because it . was plain that the Defendant was clearly provoking me and my wife. 80. Instead, the DA's Office issued a letter, dated August 18, 2016 wherein the DA's ') Office indicates that itwould not prosecute the case. See Ex. FF. 81. The last incident occurred on Father's Day,.June 19, 2016, in the evening. 82. On this occasion, Defendant CZESLAW BASTRZYK was standing in his garden watering his vegetables. 83. I was home, and I heard water being spray through an open window into the Subject Premises. 84. I observed that Defendant CZESLAW BASTRZYK sprayed water with his water hose into the Subject Premises•and onto the side of the house. 85. Defendant CZESLAW BASTRZK was. yet again attempting to provoke me into violating his order of protection. 86. My surveillance camera caught Defendant CZESLAW BASTRZYK spraying water into the Subject Premises. See video of Defendant CZESLAW BASTRZYK water spraying into the Subject Premises at Ex. JJ. 8 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 87. I gave this video to my criminal defense attorney, Mark Fonte, Esq., soon thereafter. 88. Mr. Fonte showed the video to the District Attorney's Office. 89. Not long thereafter, the District Attorney moved to dismiss all remaining charges against me for all.the other arrests. 90. The remaining charges were dismissed because the District Attorney's Office finally understood that the Defendants were liars and were intentionally provoking me to get me arrested. 91. The Defendants caused me and my wife great emotional distress because of my repeated arrest. 92. The Defendants humiliated me and my wife in front of our neighbors and the community. \'.!. 93. Each time the police came to the Subject Premises to arrest me, the whole neighborhood came to their window or came outside to watch me being led away in handcuffs. 94. I was so frustrated and distressed by these repeated arrests that I attempted to commit suicide by hanging myself while in custody. 95. Afterwards, I made an appointment to seek a psychiatrist, but I never pursued treatment with the psychiatrist because itwas too expensive and not entirely covered by my health insurance. 1 ',,'I 9 of 10 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/06/2018 I Defendants' WHEREFORE it isrespectfully requested that Court deny the motion for summary judgment, grant summary judgment in favor of the Plaintiffs pursuant to CPLR 3212(b) and grant the Plaintiffs such other and further relief as this Court deems just and proper. CX Af Mk LUIS GARCIA Sworn to before me this + day of July 2018. pe NICHOLAS M. MOCCIA Notary Pubilcof New York tary c I.D.# 02M06267380 Qualifiedin Richmond Count 10 of 10