On December 08, 2016 a
Motion-Secondary
was filed
involving a dispute between
Luis Garcia,
Marie Troncone-Garcia,
and
Czeslaw Bastrzyk,
Damian Bastrzyk,
for Torts - Other (Malicious Prosecution)
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018
SUPREME OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X
------------------------------------------------------------------X
LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016
Plaintiffs,
-against- AFFIDAVIT OF JOSEPH
SACCA
CZESLAW BASTRZYK and DAMIAN
BASTRZYK,
Defendants.
X
------------------------------------------------------------------X
STATE OF NEW YORK }
COUNTY OF RICHMOND } ss.:
JOSEPH SACCA, being duly sworn deposes and says:
1. I am not a party to the above-referenced action; however, I have personal
knowledge of facts relevant to this case.
2. I reside at 71 Wadsworth Avenue, Staten Island, New York.
3. 71 Wadsworth Avenue is immediately adjacent to 73 Wadsworth Avenue, which
is were Plaintiff LUIS GARCIA and Plaintiff MARIE TRONCONE-GARCIA reside.
4. I have resided at the 71. Wadsworth Avenue since 1996.
5. I witnessed first-hand many instances where the Defendant CZESLAW
BASTRZYK and Defendant DAMIAN BASTRZYK have gone out of their way to provoke and
upset the Plaintiffs in order to get Plaintiff LUIS GARCIA arrest.
I
6. I was aware that the Defendant CZESLAW BASTRZYK had an order of
protection against Luis.
7. I have also observed the Defendants abused the order of protection by causing
Plaintiff LUIS GARCIA to be unnecessarily arrested numerous times.
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FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018
8. On one occasion - sometime in September 2015 - I was an open
sitting by
window at the front of my house.
9. I saw Plaintiff LUIS GARCIA was outside in his front yard/patio area.
10. Soon thereafter, I saw Defendant DAMIAN BASTRZYK returning to home after
a jog.
11. I saw Damian give Luis a dirty look, and overheard Damian threaten Luis, saying
you..."
among other things, "I'm going to kill or words to this effect.
12. Luis responded to Damian, and told him to "Fuck off. Suck my dick! You
cockroach..."
couldn't kill a or something to this effect.
13. Damian initiated this exchange with Luis, and there was no reason for Damian to
threaten Luis.
14. At that time, Luis did not realize that Damian also had an order of protection
against him.
15. Not long afterward, the police came and arrested Luis because he had violated
Damian's order of protection.
16. I observed other instances where the Defendants or other members of the
Defendants'
household would attempt to provoke Luis in order to bait Luis into violating the
order of protection.
17. The Defendants abused the orders of protection to such an extent that the Garcias
could hardly ever sitoutside on their front patio without worrying about Luis getting arrested.
Luis'
18. I observed that several arrests took a heavy toll on Marie Garcia.
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FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018
19. Every time Luis was arrested-and the police always alerted the whole
neighborhood his arrests with sirens and strobe lights flashing-I— would see Marie
during blaring
shaking and hysterical crying.
20. I also observed that Marie has now become very hesitate to answer her door, and
even now she cautiously peaks out her window before opening her door.
21. I frequently visit the Garcias to share with them a copy of the newspaper.
22. When I asked Marie about her caution when opening the door, I discovered she
was worried that the police would again be present to arrest Luis
23. On prior occasions, Defendant CESLAW BASTRZYK has blamed other
neighbors--including me--of causing leaves from our trees to fall in his front yard. No one can
control where the leaves go in the middle of autumn; nevertheless, Mr. Bastrzyk blames his
neighbors for the autumn leaves that fall in his front yard.
24. I am aware that the Defendants have accused Luis of shooting a BB gun at the
Defendants'
windows and at Defendant CZESLAW BASTRYZK.
25. I have been inside the Garcias house and garage numerous times, and I have never
seen a BB gun, nor have I ever seen the windows of the Bastrzyk Residence damages.
26. The only individual in the neighborhood that ever had a BB gun was, ironically,
one of the prior occupants of 77 Wadsworth Avenue where the Bastrzyks themselves reside.
27. Before the Bastrzyks moved into 77 Wadsworth Avenue, the son of the prior
owners of 77 Wadsworth Avenue had a BB gun and would frequently shoot at the birds for
target practice-much to my annoyance and the annoyance of other neighbors.
28. I have personal knowledge of this because my son was friends with this
individual, and I frequently saw my son's friend with a BB gun shooting at birds.
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FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018
29. Any BB gun damage that the Defendants observed on 77 Wadsworth Avenue was
pre-existing from before they even moved into 77 Wadsworth.
30. Nevertheless, they blame Luis for allegedly shooting up their windows with a BB
gun.
31. The Defendants fabricated the BB gun incident.
Defendants'
32. I believe the treatment of the Garcias is despicable.
33. They have made the Garcias miserable for years, and they should now pay the
price.
OSE SACCA
orn to before me this ~
da of August 2018
ary Publi
NICHOLAÖ M.-MOCÇtA .
Notary Publicof New York
fI'02M062674'8)'
1.D. # 02M06267380
Qualifiedin Richmond Count
'
My Commission Expires 8I20I2~
4 of 4
Document Filed Date
August 06, 2018
Case Filing Date
December 08, 2016
Category
Torts - Other (Malicious Prosecution)
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Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018 SUPREME OF THE STATE OF NEW YORK COUNTY OF RICHMOND X ------------------------------------------------------------------X LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016 Plaintiffs, -against- AFFIDAVIT OF JOSEPH SACCA CZESLAW BASTRZYK and DAMIAN BASTRZYK, Defendants. X ------------------------------------------------------------------X STATE OF NEW YORK } COUNTY OF RICHMOND } ss.: JOSEPH SACCA, being duly sworn deposes and says: 1. I am not a party to the above-referenced action; however, I have personal knowledge of facts relevant to this case. 2. I reside at 71 Wadsworth Avenue, Staten Island, New York. 3. 71 Wadsworth Avenue is immediately adjacent to 73 Wadsworth Avenue, which is were Plaintiff LUIS GARCIA and Plaintiff MARIE TRONCONE-GARCIA reside. 4. I have resided at the 71. Wadsworth Avenue since 1996. 5. I witnessed first-hand many instances where the Defendant CZESLAW BASTRZYK and Defendant DAMIAN BASTRZYK have gone out of their way to provoke and upset the Plaintiffs in order to get Plaintiff LUIS GARCIA arrest. I 6. I was aware that the Defendant CZESLAW BASTRZYK had an order of protection against Luis. 7. I have also observed the Defendants abused the order of protection by causing Plaintiff LUIS GARCIA to be unnecessarily arrested numerous times. 1 of 4 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018 8. On one occasion - sometime in September 2015 - I was an open sitting by window at the front of my house. 9. I saw Plaintiff LUIS GARCIA was outside in his front yard/patio area. 10. Soon thereafter, I saw Defendant DAMIAN BASTRZYK returning to home after a jog. 11. I saw Damian give Luis a dirty look, and overheard Damian threaten Luis, saying you..." among other things, "I'm going to kill or words to this effect. 12. Luis responded to Damian, and told him to "Fuck off. Suck my dick! You cockroach..." couldn't kill a or something to this effect. 13. Damian initiated this exchange with Luis, and there was no reason for Damian to threaten Luis. 14. At that time, Luis did not realize that Damian also had an order of protection against him. 15. Not long afterward, the police came and arrested Luis because he had violated Damian's order of protection. 16. I observed other instances where the Defendants or other members of the Defendants' household would attempt to provoke Luis in order to bait Luis into violating the order of protection. 17. The Defendants abused the orders of protection to such an extent that the Garcias could hardly ever sitoutside on their front patio without worrying about Luis getting arrested. Luis' 18. I observed that several arrests took a heavy toll on Marie Garcia. 2 of 4 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018 19. Every time Luis was arrested-and the police always alerted the whole neighborhood his arrests with sirens and strobe lights flashing-I— would see Marie during blaring shaking and hysterical crying. 20. I also observed that Marie has now become very hesitate to answer her door, and even now she cautiously peaks out her window before opening her door. 21. I frequently visit the Garcias to share with them a copy of the newspaper. 22. When I asked Marie about her caution when opening the door, I discovered she was worried that the police would again be present to arrest Luis 23. On prior occasions, Defendant CESLAW BASTRZYK has blamed other neighbors--including me--of causing leaves from our trees to fall in his front yard. No one can control where the leaves go in the middle of autumn; nevertheless, Mr. Bastrzyk blames his neighbors for the autumn leaves that fall in his front yard. 24. I am aware that the Defendants have accused Luis of shooting a BB gun at the Defendants' windows and at Defendant CZESLAW BASTRYZK. 25. I have been inside the Garcias house and garage numerous times, and I have never seen a BB gun, nor have I ever seen the windows of the Bastrzyk Residence damages. 26. The only individual in the neighborhood that ever had a BB gun was, ironically, one of the prior occupants of 77 Wadsworth Avenue where the Bastrzyks themselves reside. 27. Before the Bastrzyks moved into 77 Wadsworth Avenue, the son of the prior owners of 77 Wadsworth Avenue had a BB gun and would frequently shoot at the birds for target practice-much to my annoyance and the annoyance of other neighbors. 28. I have personal knowledge of this because my son was friends with this individual, and I frequently saw my son's friend with a BB gun shooting at birds. 3 of 4 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/06/2018 29. Any BB gun damage that the Defendants observed on 77 Wadsworth Avenue was pre-existing from before they even moved into 77 Wadsworth. 30. Nevertheless, they blame Luis for allegedly shooting up their windows with a BB gun. 31. The Defendants fabricated the BB gun incident. Defendants' 32. I believe the treatment of the Garcias is despicable. 33. They have made the Garcias miserable for years, and they should now pay the price. OSE SACCA orn to before me this ~ da of August 2018 ary Publi NICHOLAÖ M.-MOCÇtA . Notary Publicof New York fI'02M062674'8)' 1.D. # 02M06267380 Qualifiedin Richmond Count ' My Commission Expires 8I20I2~ 4 of 4