Preview
FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2412936
Book Page CIVIL
Return To: No. Pages: 4
AMY CHRISTINE KELLER
Instrument: AMENDED COMPLAINT
Control #: 202006120517
Index #: E2020001864
Date: 06/12/2020
DOE, LG 55 Time: 1:26:31 PM
GRASSO, JOSEPH A.
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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INDEX : E2020001864
NO. E2020001864
FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
LG 55 DOE,
SECOND
Plaintiff, AMENDED
vs. COMPLAINT
JOSEPH A. GRASSO, Index No.:
E2020001864
Defendant.
Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME
CAMBRIA LLP, for his Complaint against Defendant, alleges:
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANT, JOSEPH A. GRASSO, HEREIN,
PLAINTIFF, LG 55 DOE, ALLEGES AS FOLLOWS:
1. Plaintiff, LG 55 DOE, is a resident of the County of Monroe and State
of New York.
2. This action is commenced pursuant to the provisions of the Child
Victims Act.
3. At the time of the incidents set forth herein, Plaintiff, LG 55 DOE,
(hereinafter referred to as "THE CHILD") was an infant having been born in 1990.
4. Upon information and belief, Defendant, JOSEPH A. GRASSO resides in
the City of Rensselaer, County of Rensselaer, and State of New York.
5. Upon information and belief, at all times herein mentioned,
Defendant was acting as a priest and school administrator to the CHILD at St.
Thomas More Church and/or Siena Catholic Academy in Rochester, New York.
6. Beginning approximately on or about the 151 day of January 2002,
3870439, I. 067164.0001
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202006120517 IndexNO.
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E2020001864
FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020
and continuing through sometime in 2003, the Defendant sexually assaulted
and committed battery upon THE CHILD at Siena Catholic Academy and/or
St. Thomas More Church and said assault and battery constituted sexual
offenses as defined in Article 130 of the Penal Law.
7. The sexual crimes by Defendant herein were willful, malicious
and intentional and resulted in injury to THE CHILD.
8. As a direct result of conduct by Defendant as described herein, THE
CHILD, has suffered, and continues to suffer great physical and emotional pain
of mind and body, shock, emotional distress, physical manifestations of
emotional distress, flashbacks, embarrassment, loss of self-esteem, disgrace,
humiliation, and loss of enjoyment of life, was prevented and will continue to be
prevented from performing daily activities and obtaining full enjoyment of life,
and has incurred and will continue to incur expenses for medical psychological
treatment, therapy and counseling.
9. This action falls within one or more of the exceptions set forth in
CPLR §1602.
10. As a result of the foregoing, THE CHILD, has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
11 . As a result of the foregoing, THE CHILD, claims punitive damages in
an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff demands judgment against Defendant, in the First
Cause of Action in an amount which exceeds the jurisdictional limits of all lower
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FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020
courts which would otherwise have jurisdiction, and for such other, further or
different relief as the Court may deem just and proper, together with the costs
and disbursements of the action.
DATED: Buffalo, NewYork
June 12, 2020
CAMBRIA LLP
By: ~~__.---~~~~~~~~~
AMY C. KELLER, ESQ.
CHRISTINA M. CROGLIO, ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
[ACK: # 67164.0001]
3
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Preview
FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2412936 Book Page CIVIL Return To: No. Pages: 4 AMY CHRISTINE KELLER Instrument: AMENDED COMPLAINT Control #: 202006120517 Index #: E2020001864 Date: 06/12/2020 DOE, LG 55 Time: 1:26:31 PM GRASSO, JOSEPH A. Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202006120517 Index # INDEX : E2020001864 NO. E2020001864 FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE LG 55 DOE, SECOND Plaintiff, AMENDED vs. COMPLAINT JOSEPH A. GRASSO, Index No.: E2020001864 Defendant. Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME CAMBRIA LLP, for his Complaint against Defendant, alleges: AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT, JOSEPH A. GRASSO, HEREIN, PLAINTIFF, LG 55 DOE, ALLEGES AS FOLLOWS: 1. Plaintiff, LG 55 DOE, is a resident of the County of Monroe and State of New York. 2. This action is commenced pursuant to the provisions of the Child Victims Act. 3. At the time of the incidents set forth herein, Plaintiff, LG 55 DOE, (hereinafter referred to as "THE CHILD") was an infant having been born in 1990. 4. Upon information and belief, Defendant, JOSEPH A. GRASSO resides in the City of Rensselaer, County of Rensselaer, and State of New York. 5. Upon information and belief, at all times herein mentioned, Defendant was acting as a priest and school administrator to the CHILD at St. Thomas More Church and/or Siena Catholic Academy in Rochester, New York. 6. Beginning approximately on or about the 151 day of January 2002, 3870439, I. 067164.0001 2 of 4 202006120517 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020 and continuing through sometime in 2003, the Defendant sexually assaulted and committed battery upon THE CHILD at Siena Catholic Academy and/or St. Thomas More Church and said assault and battery constituted sexual offenses as defined in Article 130 of the Penal Law. 7. The sexual crimes by Defendant herein were willful, malicious and intentional and resulted in injury to THE CHILD. 8. As a direct result of conduct by Defendant as described herein, THE CHILD, has suffered, and continues to suffer great physical and emotional pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, flashbacks, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life, was prevented and will continue to be prevented from performing daily activities and obtaining full enjoyment of life, and has incurred and will continue to incur expenses for medical psychological treatment, therapy and counseling. 9. This action falls within one or more of the exceptions set forth in CPLR §1602. 10. As a result of the foregoing, THE CHILD, has sustained general and special damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 11 . As a result of the foregoing, THE CHILD, claims punitive damages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against Defendant, in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower 2 3870439. 1,0671 64000 1 3 of 4 202006120517 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 06/12/2020 01:24 PM NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/12/2020 courts which would otherwise have jurisdiction, and for such other, further or different relief as the Court may deem just and proper, together with the costs and disbursements of the action. DATED: Buffalo, NewYork June 12, 2020 CAMBRIA LLP By: ~~__.---~~~~~~~~~ AMY C. KELLER, ESQ. CHRISTINA M. CROGLIO, ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 [ACK: # 67164.0001] 3 3870439, I . 067164 0001 4 of 4