Preview
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
NEW YORK STATE SUPREME COURT
COUNTY OF NASSAU
------------------------------------------------------------ X
CLIFF SAFFRON, :
: SUMMONS
Plaintiff, :
: Plaintiff designates
v. : NASSAU COUNTY
: as the place of trial
TOMAS INFERNUSO DVM, P.C. d/b/a :
ANIMAL SURGICAL CENTER and TOMAS : The basis of the venue is: Defendant
INFERNUSO in his individual and professional : is a resident of Nassau County
capacities, :
:
Defendants. :
------------------------------------------------------------ X
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiff’s attorney within twenty (20) days after service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: April 16, 2021
New York, New York Respectfully submitted,
WIGDOR LLP
By: ____________________________
Douglas H. Wigdor
David E. Gottlieb
85 Fifth Avenue
New York, NY 10003
Telephone: (212) 257-6800
Facsimile: (212) 257-6845
dwigdor@wigdorlaw.com
dgottlieb@wigdorlaw.com
Counsel for Plaintiff
1 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
NEW YORK STATE SUPREME COURT
COUNTY OF NASSAU
------------------------------------------------------------ X
CLIFF SAFFRON, :
:
Plaintiff, : Index No.
:
v. :
: COMPLAINT
TOMAS INFERNUSO DVM, P.C. d/b/a :
ANIMAL SURGICAL CENTER and TOMAS :
INFERNUSO in his individual and professional : Jury Trial Demanded
capacities, :
:
Defendants. :
------------------------------------------------------------ X
Plaintiff Cliff Saffron hereby alleges as follows:
“Well, I guess I failed the sexual harassment training.”
– Defendant Dr. Tomas Infernuso, Founder of Animal Surgical Center
PRELIMINARY STATEMENT
1. Defendant Dr. Tomas Infernuso runs his well-known veterinarian surgical
practice, Defendant Animal Surgical Center (“ASC”), with an iron fist and without any regard
for the rights of his employees and customers. Dr. Infernuso engages in highly offensive
sexually harassing conduct such as touching female employees in ways that make them feel
sexually uncomfortable, discussing his own sex drive and sex life and bullying women when
they show any sensitivity or perceived “weakness,” including telling them to “grow balls.”
Moreover, Dr. Infernuso lies to customers about the level of surgical service provided to
customers’ beloved pets – claiming on ASC’s website that only “Board Certified Specialists”
conduct all surgeries even though that is completely false.
2. Mr. Saffron – who had been hired as the Chief Executive Officer – repeatedly
informed Dr. Infernuso that all this conduct was impermissible, including the sexual harassment
2 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
and the misrepresentations to customers and also told Dr. Infernuso that he and all employees
needed to undergo sexual harassment training. Dr. Infernuso became increasingly angry with
Mr. Saffron for opposing this unlawful conduct, but Mr. Saffron persisted in his attempts to
correct the workplace culture. Ultimately, Dr. Infernuso took the online sexual harassment
training, but he acted as though it did not apply to him, and he did not change his conduct.
Accordingly, Mr. Saffron informed Dr. Infernuso that he had indeed failed the sexual harassment
training, and Dr. Infernuso fired him two days later in a blatant act of retaliation.
3. Mr. Saffron seeks declaratory, injunctive and equitable relief, as well as monetary
damages, to redress unlawful employment practices committed by Defendants against Mr.
Saffron, including the acts of retaliation in violation of the New York State Human Rights Law,
N.Y. Exec. Law §§ 290 et seq. (“NYSHRL”) and the New York City Human Rights Law, N.Y.C
Admin. Code §§ 8-101 et seq. (“NYCHRL”).
JURISDICTION AND VENUE
4. The Court has jurisdiction over this matter pursuant to New York Civil Practice
Laws and Rules (“CPLR”) § 301.
5. Venue is proper in this county pursuant to CPLR § 503 because defendant resides
in this county as a Corporation whose principal location is located here.
PROCEDURAL REQUIREMENTS
6. Pursuant to NYCHRL § 8-502, Plaintiff will serve a copy of this complaint upon
the New York City Commission on Human Rights and the New York City Law Department,
Office of the Corporate Counsel within ten days of its filing, thereby satisfying the notice
requirements of this action.
7. Any and all other prerequisites to the filing of this lawsuit have been met.
2
3 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
PARTIES
8. Plaintiff Cliff Saffron worked as Chief Executive Officer (“CEO”) of ASC. At all
relevant times, Mr. Saffron met the definition of an “employee” and/or “eligible employee”
under all applicable statutes. Mr. Saffron is a resident of the State of New York.
9. Defendant ASC is a domestic professional corporation with its principal place of
business located at 2373 Hempstead Turnpike, East Meadow, New York 11554. Its jurisdiction
is within the State of New York. At all relevant times, the ASC met the definition of an
“employer” or “covered employer” under all applicable statutes.
10. Defendant Tomas Infernuso is the founder, owner and medical director at ASC.
At all relevant times, Dr. Infernuso had the authority to discipline and fire Plaintiff, direct his
work activities, assign his job responsibilities and monitor his performance. Accordingly, at all
relevant times, Dr. Infernuso was an “employer” or “covered employer” within the meaning of
all applicable statutes.
FACTUAL ALLEGATIONS
I. Background
11. Mr. Saffron is a highly skilled business and legal professional with a wide array
of experience from an over 30-year career.
12. After a decade of working at some of the most respected law firms in the country,
including Proskauer Rose LLP, Mr. Saffron went in-house to work in the life sciences industry.
For a combined 11 years, Mr. Saffron was a General Counsel of two publicly traded life sciences
companies – ICN Pharmaceuticals, Inc. from 1994 through 2001 and ImClone Systems, Inc.
from 2002 to 2005.
3
4 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
13. In 2005, Mr. Saffron joined KPMG LLP, one of the largest accounting firms in
the word, as a direct entry Partner in the Life Sciences group.
14. In 2018, Mr. Saffron become the President of an early-stage pharmaceutical
company called Varent Life Sciences, where he successfully ran the company through the early
stages of business, clinical development and corporate governance.
15. All told, Mr. Saffron has an established track record of building and leading
businesses, and he has broad expertise in all aspects of management.
16. On March 1, 2020, Mr. Saffron joined ASC as the CEO. As CEO, Mr. Saffron’s
responsibilities covered virtually all aspects of ASC’s business other than medical procedures,
including day-to-day oversight of finance, legal, compliance, human resources (“HR”),
information technology (“IT”), insurance and real estate assets.
17. In his short tenure, Mr. Saffron established himself as a valued member of the
management team, with accomplishments that included: a restructuring of the finance group;
hiring a new accountant; overseeing the part time bookkeeper and part-time Chief Financial
Officer; putting in place industry standard financial documents such as profit-and-loss
statements, balance sheets, cash flow analyses, EBIDTA analyses and operating budgets;
reviewing and approving all third party contracts and leases; forming new legal entities to
maximize tax advantages; drafting hiring protocols; ensuring compliance with New York State
new hiring forms, documents and information; drafting the employee handbook; rolling out
required New York State sexual harassment training; drafting template employment and
confidentiality agreements; implementing an automated time tracking system for employees;
implementing a 401K plan; retaining ADP as an automated payroll provider; overseeing updates
of the entire IT infrastructure, including new Wi-Fi, replacement of all desktops, laptops and
4
5 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
security and backup systems; updating limits on general liability policies, including putting in
place umbrella coverages and increased disability insurance; leading the acquisition and
renovations of a new ASC hospital in Astoria; overseeing of renovations to the Jericho Turnpike
property and handling the zoning change for the New York Avenue property. The list goes on
and on from there.
18. Mr. Saffron’s value to ASC was so evident that, in or around August 2020, Dr.
Infernuso, on his own initiative, doubled Mr. Saffron’s base compensation from $100,000 to
$200,000 and included incentive compensation calculated at two and a half percent of ASC’s net
profit.
19. Thereafter, Mr. Saffron was simply expected to work three days per week instead
of two. But Mr. Saffron saw no limit to his productivity and worked five days per week to reach
ASC’s business goals.
20. In short, Mr. Saffron was a workhorse who completely updated a practice which
was – while financially successful – falling behind in numerous critical areas and was in
desperate need of professional and business leadership.
II. Discriminatory and Hostile Work Environment at ASC
21. Though Mr. Saffron approached his work as a consummate professional, the same
cannot be said for the way Dr. Infernuso interacted with employees and managed the business.
22. Mr. Saffron was able to achieve his accomplishments not because of Dr.
Infernuso’s support but in spite of his offensive conduct which detracted from the business of
ASC and the morale of employees.
5
6 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
23. Specifically, Dr. Infernuso constantly engaged in offensive sexist conduct which
spanned from touching employees inappropriately and without their consent to constant bullying
and egregiously insensitive remarks.
24. The following is just a small sampling of such conduct observed by Mr. Saffron
and others during his tenure:
Mychaela Gonzalez (Assistant) and Tamara Arevalo (Assistant)
both reported to Eileen Ginty (Physical Therapist) that they were
uncomfortable with the way Dr. Infernuso touched them, including
their shoulders, waist and lower back. Ms. Ginty reported these very
serious concerns of sexual harassment to Mr. Saffron as the CEO.
Mr. Saffron confronted Dr. Infernuso about these matters, and he did
not deny the allegations. To the contrary, Dr. Infernuso tried to
minimize their feelings and concerns and refused to take the matter
seriously.
Ms. Gonzalez and Ms. Arevalo were not the only ones subjected to
unwanted touchings. Dr. Infernuso was known to slap women on
the behind, including Ms. Langhorn, Ms. Mandaro and Dayanira
Feliciano (Receptionist).
Dr. Infernuso repeatedly referenced his sex life and sexual escapades
in front of others. When he was sexually frustrated, he would tell
women in the office that “I need to get laid,” and even told women
on several occasions that “I masturbated last night.”
Dr. Infernuso’s conduct towards women is constantly based on
intimidation and bullying. On one occasion, in the summer of 2020,
Anita Feniello (Licensed Veterinary Technician) raised complaints
to Mr. Saffron about the lack of post-surgery attention animals were
receiving at the hospital. Ms. Feniello was distraught when she met
with Mr. Saffron. After Dr. Infernuso learned that Ms. Feniello
raised these concerns, he approached her and was verbally abusive
towards her. The message was clear that complaints would not be
condoned.
Dr. Infernuso constantly verbally abused Lisa Carni (Receptionist).
Ms. Carni complained to Mr. Saffron that Dr. Infernuso literally
grabbed the phone from her when she was talking to a client and
berated her. On another occasion, after Dr. Infernuso asked the
receptionists to work weekends, and when she stated that she did not
know if she could because of personal reasons, Dr. Infernuso
6
7 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
screamed at her and berated her in front of other receptionists for her
“lack of commitment” to ASC, and then took her into a private room
and continued yelling in her face. This resulted in the Management
Committee (consisting of Dr. Infernuso, Mr. Saffron, Billy Welsh
(Operations), Christina Langhorn (Office Manager) and Nicole
Mandaro (Licensed Veterinary Technician)) admonishing Dr.
Infernuso for bullying and intimidation.
On one occasion, Dr. Infernuso literally brought Nicole Albala
(Technician) to tears when criticizing her performance and
commitment to ASC. This conduct was completely uncalled for,
demeaning and humiliating for Ms. Albala.
On multiple occasions, during the Weekly Culture Meetings, when
Kamran Babamohammadi (Doctor Intern) spoke softly – by his
general nature – regarding an issue at work, Dr. Infernuso raised his
voice in front of the entire office and told him he needed to “grow
some balls.” Mr. Babamohammadi was humiliated, and numerous
staff members were hurt by the inherently sexist comment.
At other Weekly Culture Meetings, Dr. Infernuso would regularly
make comments about women’s bodies and appearances in front of
the entire office, including in particular to Ms. Feniello, Ms. Albala
and Joyce Meigel (Assistant)]. On several occasions, Dr. Infernuso
told Ms. Langhorn that her “boobs look good.” On another
occasion, Dr. Infernuso told Ms. Langhorn that “your legs are so fat
no one can get inside you.”
Incredibly, given his position as a member of the medical profession
and despite the pandemic the world has been suffering through, Dr.
Infernuso regularly criticized employees for their “lack of
commitment” for taking time off due to inclement weather, sickness
and medical issues. Comments such as these were made about Ms.
Albala, Ms. Feniello, Ms. Gonzalez, Ms. Carni, Jennifer Sandoval
(Receptionist) and Jessica Abbott (Receptionist).
Dr. Infernuso posted a video to ASC’s WhatsApp chat of himself
dancing topless with Ms. Feliciano in his home in Gilgo beach. This
made numerous employees uncomfortable and is inherently
unprofessional and inappropriate in the workplace.
25. Dr. Infernuso’s conduct was so outrageous and notorious that Ms. Langhorn had
started to follow his “lead” and also inject sexuality into conversations given that she knew it
would be met with Dr. Infernuso’s approval.
7
8 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
26. The work environment at ASC has effectively been completely poisoned by Dr.
Infernuso’s conduct and unwillingness to accept criticism or change his conduct.
III. ASC Terminates Mr. Saffron For Raising Complaints of Misconduct
27. Mr. Saffron was not going to stand by and watch Dr. Infernuso abuse employees,
and he repeatedly implored him to correct his behavior.
28. But Dr. Infernuso refused to take Mr. Saffron’s complaints seriously and routinely
ignored him only to continue his conduct unimpeded.
29. For example, when Dr. Infernuso became angry with an employee at ASC he
would regularly say, “I’m going to take them down,” which he would do by gleefully demeaning
and disrespecting them.
30. Over time, this behavior became a constant source of frustration for Mr. Saffron
(and others on the Management Committee), and at the same time, Mr. Saffron’s complaints
seemed to be a source of frustration for Dr. Infernuso.
31. Dr. Infernuso did not want to be told what he could or should, do or not do. Dr.
Infernuso frequently reminded Mr. Saffron that “I am the owner and founder.”
32. Under New York State law, employee handbooks are required, and sexual
harassment training has become mandatory. Apparently, in violation of the law, ASC had failed
to meet these requirements before Mr. Saffron’s arrival.
33. While Mr. Saffron knew Dr. Infernuso would not listen to him otherwise, he was
hopeful that through rolling out these policies and the sexual harassment training, Dr. Infernuso
might learn to correct his behavior.
34. Though Mr. Saffron was met with substantial resistance, eventually the employee
handbook was delivered in January 2021.
8
9 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
35. The sexual harassment training sessions were held in early March 2021, however
they proved to have little effect on Dr. Infernuso.
36. In fact, on March 7, 2021, Mr. Saffron reiterated to the Management Committee
the importance of being vigilant in avoiding sexually uncomfortable conduct given the recent
allegations levied against Governor Andrew Cuomo.
37. In an email titled “Sexual Harassment Developments,” Mr. Saffron noted that
“perceived innocuous behavior can lead to allegations of sexual harassment” and can have dire
repercussions.
38. Mr. Saffron used the allegations against Mr. Cuomo as examples of conduct to
avoid, including “too intimate embrace,” calling an employee “sweetheart,” asking an employee
if she “had a boyfriend,” touching a woman “on her lower back,” “kiss[ing] her hand” and
asking, “inappropriate questions.”
39. Mr. Saffron concluded, “It’s very important for us to recognize the current
environment we operate in and to tailor our behavior accordingly to avoid monetary and
reputational harm.”
40. While these remarks were in front of the Managing Committee, Mr. Saffron was
speaking directly to Dr. Infernuso about his conduct and its potential impact on employees and
ASC’s business.
41. Three days later, on March 10, 2021, at a Weekly Employee Culture Meeting, Dr.
Infernuso spoke to the employees about the fact that some people had not yet completed the
sexual harassment training (a point Mr. Saffron informed him about).
42. Likely thinking it was funny, Dr. Infernuso then said that he had completed the
sexual harassment training – and then immediately turned to Ms. Langhorn and commented on
9
10 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
her appearance. Dr. Infernuso then turned to Mr. Saffron and said, “Well, I guess I failed the
sexual harassment training.”
43. Mr. Saffron, wanting to show the staff that this was a serious matter, responded
bluntly: “Yes, you failed.” For Mr. Saffron to rebuke Dr. Infernuso in front of the entire staff
was apparently too much for him to handle – and he would not permit it.
44. Two days after that, Dr. Infernuso called Mr. Saffron into a meeting – also with
Vladimir Steiger (his friend and Surgical Assistant) – and told Mr. Saffron he was being
terminated, stating only that “your services are no longer needed.”
45. No other reason was provided.
46. Contrary to Dr. Infernuso’s assertion, Mr. Saffron’s services were not only needed
but only a few months prior Dr. Infernuso had recognized that Mr. Saffron was so valuable that
he required a substantial increase in his compensation and, as an incentive to Mr. Saffron, a stake
in ASC’s profits.
47. Moreover, ASC is a growing practice with three additional locations being
developed (including Astoria and two in Huntington Station), and Mr. Saffron’s wide array of
professional skills are precisely what is needed to ensure that the expansion continues to go
smoothly. In fact, Mr. Saffron singularly oversaw the renovations to the Astoria hospital during
his tenure.
48. The vaguely stated reason for termination is clearly pretextual. In reality, Dr.
Infernuso wanted to get rid of Mr. Saffron because he stood up for employees’ rights and was not
afraid to tell Dr. Infernuso when his behavior was unprofessional, offensive and illegal. For that,
Mr. Saffron was fired.
10
11 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
49. In a further act of retaliation, after firing Mr. Saffron, ASC withheld
approximately $21,000 in incentive compensation owed to Mr. Saffron at the time of his
termination. Dr. Infernuso did not pay this amount until Mr. Saffron retained counsel and
litigation on his claims of retaliation appeared imminent.
IV. Further Demonstration of Mr. Infernuso’s Vindictive Nature
50. As set forth above, further evidence of Dr. Infernuso’s retaliatory and vindictive
nature is the manner in which he responded to Mr. Saffron’s complaints about other unlawful
conduct – that Dr. Infernuso was defrauding customers.
51. In addition to Mr. Saffron’s complaints about Dr. Infernuso’s sexually harassing
conduct and his efforts to improve the workplace environment, Mr. Saffron also complained that
on the ASC website ASC misrepresents to the public that “All surgical procedures are performed
by a Board Certified Specialist”:
Iii animal-surgical-center.com
Board Certified Specialists
A ll surg ical procedures are performed by a Board
Certified Surgeon
e
00
Experienced
Techs & Staff
Our su rgical technicians and practice staff are highly
e)(perienced in assisting ou r Specialists and
providing supportive ca re to our patients.
Convenient
Location
An imal Surgical Center i s locat ed in East M eadow,
New York with ampl e c lient p arking availabl e. 0
11
12 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
52. Not all veterinarians at ASC are Board Certified Surgeons – those able to achieve
that designation from the American College of Veterinary Surgeons must have completed
substantial additional education, a one-year internship and a three-year surgical residency.1
53. ASC falsely leads customers to believe that all procedures performed on their
precious pets have this level of expertise and experience in violation of consumer fraud statutes,
including General Business Law Sec. 349.
54. However, Dr. Infernuso is in fact the only Board Certified Surgeon at ASC and
numerous surgical procedures are conducted by other veterinarians without his presence, such as
Rosemary Lombardi, Gabriella Zonenshine and Mr. Babamohammadi.
55. Mr. Saffron raised these concerns with Dr. Infernuso who failed to address the
issue and instead became frustrated with Mr. Saffron’s efforts to correct this unlawful conduct.
Dr. Infernuso’s repeated negativity towards Mr. Saffron when he raised complaints about this
unlawful conduct only further demonstrates the unlawful basis for his termination.
FIRST CAUSE OF ACTION
(Retaliation in Violation of the NYSHRL)
Against All Defendants
56. Plaintiff hereby repeats, reiterates and re-alleges each and every allegation as
contained in each of the preceding paragraphs, as though fully set forth herein.
57. By the actions described above, among other things, Defendants retaliated against
Plaintiff on the basis of his protected activity in violation of the NYSHRL by subjecting Plaintiff
to adverse actions because he engaged in protected activity, including, inter alia, by terminating
his employment.
1
See https://www.acvs.org/what-is-a-veterinary-surgeon (last accessed March 19, 2021).
12
13 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
58. As a direct and proximate result of the unlawful retaliatory conduct committed by
Defendants in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, monetary
and/or other economic harm, for which he is entitled to an award of monetary damages and other
relief.
59. As a direct and proximate result of the unlawful retaliatory conduct committed by
Defendants in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, mental
anguish, physical illness and emotional distress, including, but not limited to, humiliation,
embarrassment, stress and anxiety, loss of self-esteem and self-confidence and emotional pain
and suffering, for which he is entitled to an award of monetary damages and other relief.
60. Defendants’ unlawful and retaliatory actions were done with willful negligence,
or recklessness, or a conscious disregard of the rights of Plaintiff, or was conduct so reckless as
to amount to such disregard of Plaintiff’s protected rights under the NYSHRL, for which
Plaintiff is entitled to an award of punitive damages.
61. Plaintiff also seeks attorneys’ fees pursuant to NYSHRL.
SECOND CAUSE OF ACTION
(Retaliation in Violation of the NYCHRL)
Against All Defendants
62. Plaintiff hereby repeats, reiterates and re-alleges each and every allegation as
contained in each of the preceding paragraphs, as though fully set forth herein.
63. By the actions described above, among other things, Defendants retaliated against
Plaintiff on the basis of his protected activity in violation of the NYCHRL by subjecting Plaintiff
to adverse actions because he engaged in protected activity, including, inter alia, by terminating
his employment.
13
14 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
64. As a direct and proximate result of the unlawful retaliatory conduct committed by
Defendants in violation of the NYCHRL, Plaintiff has suffered, and continues to suffer,
monetary and/or other economic harm, for which he is entitled to an award of monetary damages
and other relief.
65. As a direct and proximate result of the unlawful retaliatory conduct committed by
Defendants in violation of the NYCHRL, Plaintiff has suffered, and continues to suffer, mental
anguish, physical illness and emotional distress, including, but not limited to, humiliation,
embarrassment, stress and anxiety, loss of self-esteem and self-confidence and emotional pain
and suffering, for which he is entitled to an award of monetary damages and other relief.
66. Defendants’ unlawful and retaliatory actions were done with willful negligence,
or recklessness, or a conscious disregard of the rights of Plaintiff, or was conduct so reckless as
to amount to such disregard of Plaintiff’s protected rights under the NYCHRL, for which
Plaintiff is entitled to an award of punitive damages.
67. Plaintiff also seeks attorneys’ fees pursuant to NYCHRL.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court enter judgment in his favor and against
Defendants, containing the following relief:
A. A declaratory judgment that the actions, conduct and practices of Defendants
complained of herein violate the laws of the State of New York and the City of New York;
B. An injunction and order permanently restraining Defendants and their partners,
officers, owners, agents, successors, employees and/or representatives and any and all persons
acting in concert with them, from engaging in any such further unlawful conduct, including the
policies and practices complained of herein;
14
15 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
C. An order directing Defendants to take such affirmative action as is necessary to
ensure that the effects of these unlawful employment practices are eliminated;
D. An award of damages against Defendants, or any jointly or severally liable entity
or person, in an amount to be determined at trial, plus prejudgment interest, to compensate
Plaintiff for all monetary and/or economic damages;
E. An award of damages against Defendants, or any jointly or severally liable entity
or person, in an amount to be determined at trial, plus prejudgment interest, to compensate
Plaintiff for all non-monetary and/or compensatory damages;
F. An award of punitive damages;
G. Pre- and post-judgment interest on all amounts due;
H. An award of costs that Plaintiff incurs in this action, as well as an award of
reasonable attorneys’ fees to the fullest extent permitted by law; and
I. Such other and further relief as the Court may deem just and proper.
15
16 of 17
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021
JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues of fact and damages stated herein.
Dated: April 16, 2021
New York, New York Respectfully submitted,
WIGDOR LLP
By: ____________________________
Douglas H. Wigdor
David E. Gottlieb
85 Fifth Avenue
New York, NY 10003
Telephone: (212) 257-6800
Facsimile: (212) 257-6845
dwigdor@wigdorlaw.com
dgottlieb@wigdorlaw.com
Counsel for Plaintiff
16
17 of 17
Preview
FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 NEW YORK STATE SUPREME COURT COUNTY OF NASSAU ------------------------------------------------------------ X CLIFF SAFFRON, : : SUMMONS Plaintiff, : : Plaintiff designates v. : NASSAU COUNTY : as the place of trial TOMAS INFERNUSO DVM, P.C. d/b/a : ANIMAL SURGICAL CENTER and TOMAS : The basis of the venue is: Defendant INFERNUSO in his individual and professional : is a resident of Nassau County capacities, : : Defendants. : ------------------------------------------------------------ X To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff’s attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: April 16, 2021 New York, New York Respectfully submitted, WIGDOR LLP By: ____________________________ Douglas H. Wigdor David E. Gottlieb 85 Fifth Avenue New York, NY 10003 Telephone: (212) 257-6800 Facsimile: (212) 257-6845 dwigdor@wigdorlaw.com dgottlieb@wigdorlaw.com Counsel for Plaintiff 1 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 NEW YORK STATE SUPREME COURT COUNTY OF NASSAU ------------------------------------------------------------ X CLIFF SAFFRON, : : Plaintiff, : Index No. : v. : : COMPLAINT TOMAS INFERNUSO DVM, P.C. d/b/a : ANIMAL SURGICAL CENTER and TOMAS : INFERNUSO in his individual and professional : Jury Trial Demanded capacities, : : Defendants. : ------------------------------------------------------------ X Plaintiff Cliff Saffron hereby alleges as follows: “Well, I guess I failed the sexual harassment training.” – Defendant Dr. Tomas Infernuso, Founder of Animal Surgical Center PRELIMINARY STATEMENT 1. Defendant Dr. Tomas Infernuso runs his well-known veterinarian surgical practice, Defendant Animal Surgical Center (“ASC”), with an iron fist and without any regard for the rights of his employees and customers. Dr. Infernuso engages in highly offensive sexually harassing conduct such as touching female employees in ways that make them feel sexually uncomfortable, discussing his own sex drive and sex life and bullying women when they show any sensitivity or perceived “weakness,” including telling them to “grow balls.” Moreover, Dr. Infernuso lies to customers about the level of surgical service provided to customers’ beloved pets – claiming on ASC’s website that only “Board Certified Specialists” conduct all surgeries even though that is completely false. 2. Mr. Saffron – who had been hired as the Chief Executive Officer – repeatedly informed Dr. Infernuso that all this conduct was impermissible, including the sexual harassment 2 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 and the misrepresentations to customers and also told Dr. Infernuso that he and all employees needed to undergo sexual harassment training. Dr. Infernuso became increasingly angry with Mr. Saffron for opposing this unlawful conduct, but Mr. Saffron persisted in his attempts to correct the workplace culture. Ultimately, Dr. Infernuso took the online sexual harassment training, but he acted as though it did not apply to him, and he did not change his conduct. Accordingly, Mr. Saffron informed Dr. Infernuso that he had indeed failed the sexual harassment training, and Dr. Infernuso fired him two days later in a blatant act of retaliation. 3. Mr. Saffron seeks declaratory, injunctive and equitable relief, as well as monetary damages, to redress unlawful employment practices committed by Defendants against Mr. Saffron, including the acts of retaliation in violation of the New York State Human Rights Law, N.Y. Exec. Law §§ 290 et seq. (“NYSHRL”) and the New York City Human Rights Law, N.Y.C Admin. Code §§ 8-101 et seq. (“NYCHRL”). JURISDICTION AND VENUE 4. The Court has jurisdiction over this matter pursuant to New York Civil Practice Laws and Rules (“CPLR”) § 301. 5. Venue is proper in this county pursuant to CPLR § 503 because defendant resides in this county as a Corporation whose principal location is located here. PROCEDURAL REQUIREMENTS 6. Pursuant to NYCHRL § 8-502, Plaintiff will serve a copy of this complaint upon the New York City Commission on Human Rights and the New York City Law Department, Office of the Corporate Counsel within ten days of its filing, thereby satisfying the notice requirements of this action. 7. Any and all other prerequisites to the filing of this lawsuit have been met. 2 3 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 PARTIES 8. Plaintiff Cliff Saffron worked as Chief Executive Officer (“CEO”) of ASC. At all relevant times, Mr. Saffron met the definition of an “employee” and/or “eligible employee” under all applicable statutes. Mr. Saffron is a resident of the State of New York. 9. Defendant ASC is a domestic professional corporation with its principal place of business located at 2373 Hempstead Turnpike, East Meadow, New York 11554. Its jurisdiction is within the State of New York. At all relevant times, the ASC met the definition of an “employer” or “covered employer” under all applicable statutes. 10. Defendant Tomas Infernuso is the founder, owner and medical director at ASC. At all relevant times, Dr. Infernuso had the authority to discipline and fire Plaintiff, direct his work activities, assign his job responsibilities and monitor his performance. Accordingly, at all relevant times, Dr. Infernuso was an “employer” or “covered employer” within the meaning of all applicable statutes. FACTUAL ALLEGATIONS I. Background 11. Mr. Saffron is a highly skilled business and legal professional with a wide array of experience from an over 30-year career. 12. After a decade of working at some of the most respected law firms in the country, including Proskauer Rose LLP, Mr. Saffron went in-house to work in the life sciences industry. For a combined 11 years, Mr. Saffron was a General Counsel of two publicly traded life sciences companies – ICN Pharmaceuticals, Inc. from 1994 through 2001 and ImClone Systems, Inc. from 2002 to 2005. 3 4 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 13. In 2005, Mr. Saffron joined KPMG LLP, one of the largest accounting firms in the word, as a direct entry Partner in the Life Sciences group. 14. In 2018, Mr. Saffron become the President of an early-stage pharmaceutical company called Varent Life Sciences, where he successfully ran the company through the early stages of business, clinical development and corporate governance. 15. All told, Mr. Saffron has an established track record of building and leading businesses, and he has broad expertise in all aspects of management. 16. On March 1, 2020, Mr. Saffron joined ASC as the CEO. As CEO, Mr. Saffron’s responsibilities covered virtually all aspects of ASC’s business other than medical procedures, including day-to-day oversight of finance, legal, compliance, human resources (“HR”), information technology (“IT”), insurance and real estate assets. 17. In his short tenure, Mr. Saffron established himself as a valued member of the management team, with accomplishments that included: a restructuring of the finance group; hiring a new accountant; overseeing the part time bookkeeper and part-time Chief Financial Officer; putting in place industry standard financial documents such as profit-and-loss statements, balance sheets, cash flow analyses, EBIDTA analyses and operating budgets; reviewing and approving all third party contracts and leases; forming new legal entities to maximize tax advantages; drafting hiring protocols; ensuring compliance with New York State new hiring forms, documents and information; drafting the employee handbook; rolling out required New York State sexual harassment training; drafting template employment and confidentiality agreements; implementing an automated time tracking system for employees; implementing a 401K plan; retaining ADP as an automated payroll provider; overseeing updates of the entire IT infrastructure, including new Wi-Fi, replacement of all desktops, laptops and 4 5 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 security and backup systems; updating limits on general liability policies, including putting in place umbrella coverages and increased disability insurance; leading the acquisition and renovations of a new ASC hospital in Astoria; overseeing of renovations to the Jericho Turnpike property and handling the zoning change for the New York Avenue property. The list goes on and on from there. 18. Mr. Saffron’s value to ASC was so evident that, in or around August 2020, Dr. Infernuso, on his own initiative, doubled Mr. Saffron’s base compensation from $100,000 to $200,000 and included incentive compensation calculated at two and a half percent of ASC’s net profit. 19. Thereafter, Mr. Saffron was simply expected to work three days per week instead of two. But Mr. Saffron saw no limit to his productivity and worked five days per week to reach ASC’s business goals. 20. In short, Mr. Saffron was a workhorse who completely updated a practice which was – while financially successful – falling behind in numerous critical areas and was in desperate need of professional and business leadership. II. Discriminatory and Hostile Work Environment at ASC 21. Though Mr. Saffron approached his work as a consummate professional, the same cannot be said for the way Dr. Infernuso interacted with employees and managed the business. 22. Mr. Saffron was able to achieve his accomplishments not because of Dr. Infernuso’s support but in spite of his offensive conduct which detracted from the business of ASC and the morale of employees. 5 6 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 23. Specifically, Dr. Infernuso constantly engaged in offensive sexist conduct which spanned from touching employees inappropriately and without their consent to constant bullying and egregiously insensitive remarks. 24. The following is just a small sampling of such conduct observed by Mr. Saffron and others during his tenure: Mychaela Gonzalez (Assistant) and Tamara Arevalo (Assistant) both reported to Eileen Ginty (Physical Therapist) that they were uncomfortable with the way Dr. Infernuso touched them, including their shoulders, waist and lower back. Ms. Ginty reported these very serious concerns of sexual harassment to Mr. Saffron as the CEO. Mr. Saffron confronted Dr. Infernuso about these matters, and he did not deny the allegations. To the contrary, Dr. Infernuso tried to minimize their feelings and concerns and refused to take the matter seriously. Ms. Gonzalez and Ms. Arevalo were not the only ones subjected to unwanted touchings. Dr. Infernuso was known to slap women on the behind, including Ms. Langhorn, Ms. Mandaro and Dayanira Feliciano (Receptionist). Dr. Infernuso repeatedly referenced his sex life and sexual escapades in front of others. When he was sexually frustrated, he would tell women in the office that “I need to get laid,” and even told women on several occasions that “I masturbated last night.” Dr. Infernuso’s conduct towards women is constantly based on intimidation and bullying. On one occasion, in the summer of 2020, Anita Feniello (Licensed Veterinary Technician) raised complaints to Mr. Saffron about the lack of post-surgery attention animals were receiving at the hospital. Ms. Feniello was distraught when she met with Mr. Saffron. After Dr. Infernuso learned that Ms. Feniello raised these concerns, he approached her and was verbally abusive towards her. The message was clear that complaints would not be condoned. Dr. Infernuso constantly verbally abused Lisa Carni (Receptionist). Ms. Carni complained to Mr. Saffron that Dr. Infernuso literally grabbed the phone from her when she was talking to a client and berated her. On another occasion, after Dr. Infernuso asked the receptionists to work weekends, and when she stated that she did not know if she could because of personal reasons, Dr. Infernuso 6 7 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 screamed at her and berated her in front of other receptionists for her “lack of commitment” to ASC, and then took her into a private room and continued yelling in her face. This resulted in the Management Committee (consisting of Dr. Infernuso, Mr. Saffron, Billy Welsh (Operations), Christina Langhorn (Office Manager) and Nicole Mandaro (Licensed Veterinary Technician)) admonishing Dr. Infernuso for bullying and intimidation. On one occasion, Dr. Infernuso literally brought Nicole Albala (Technician) to tears when criticizing her performance and commitment to ASC. This conduct was completely uncalled for, demeaning and humiliating for Ms. Albala. On multiple occasions, during the Weekly Culture Meetings, when Kamran Babamohammadi (Doctor Intern) spoke softly – by his general nature – regarding an issue at work, Dr. Infernuso raised his voice in front of the entire office and told him he needed to “grow some balls.” Mr. Babamohammadi was humiliated, and numerous staff members were hurt by the inherently sexist comment. At other Weekly Culture Meetings, Dr. Infernuso would regularly make comments about women’s bodies and appearances in front of the entire office, including in particular to Ms. Feniello, Ms. Albala and Joyce Meigel (Assistant)]. On several occasions, Dr. Infernuso told Ms. Langhorn that her “boobs look good.” On another occasion, Dr. Infernuso told Ms. Langhorn that “your legs are so fat no one can get inside you.” Incredibly, given his position as a member of the medical profession and despite the pandemic the world has been suffering through, Dr. Infernuso regularly criticized employees for their “lack of commitment” for taking time off due to inclement weather, sickness and medical issues. Comments such as these were made about Ms. Albala, Ms. Feniello, Ms. Gonzalez, Ms. Carni, Jennifer Sandoval (Receptionist) and Jessica Abbott (Receptionist). Dr. Infernuso posted a video to ASC’s WhatsApp chat of himself dancing topless with Ms. Feliciano in his home in Gilgo beach. This made numerous employees uncomfortable and is inherently unprofessional and inappropriate in the workplace. 25. Dr. Infernuso’s conduct was so outrageous and notorious that Ms. Langhorn had started to follow his “lead” and also inject sexuality into conversations given that she knew it would be met with Dr. Infernuso’s approval. 7 8 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 26. The work environment at ASC has effectively been completely poisoned by Dr. Infernuso’s conduct and unwillingness to accept criticism or change his conduct. III. ASC Terminates Mr. Saffron For Raising Complaints of Misconduct 27. Mr. Saffron was not going to stand by and watch Dr. Infernuso abuse employees, and he repeatedly implored him to correct his behavior. 28. But Dr. Infernuso refused to take Mr. Saffron’s complaints seriously and routinely ignored him only to continue his conduct unimpeded. 29. For example, when Dr. Infernuso became angry with an employee at ASC he would regularly say, “I’m going to take them down,” which he would do by gleefully demeaning and disrespecting them. 30. Over time, this behavior became a constant source of frustration for Mr. Saffron (and others on the Management Committee), and at the same time, Mr. Saffron’s complaints seemed to be a source of frustration for Dr. Infernuso. 31. Dr. Infernuso did not want to be told what he could or should, do or not do. Dr. Infernuso frequently reminded Mr. Saffron that “I am the owner and founder.” 32. Under New York State law, employee handbooks are required, and sexual harassment training has become mandatory. Apparently, in violation of the law, ASC had failed to meet these requirements before Mr. Saffron’s arrival. 33. While Mr. Saffron knew Dr. Infernuso would not listen to him otherwise, he was hopeful that through rolling out these policies and the sexual harassment training, Dr. Infernuso might learn to correct his behavior. 34. Though Mr. Saffron was met with substantial resistance, eventually the employee handbook was delivered in January 2021. 8 9 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 35. The sexual harassment training sessions were held in early March 2021, however they proved to have little effect on Dr. Infernuso. 36. In fact, on March 7, 2021, Mr. Saffron reiterated to the Management Committee the importance of being vigilant in avoiding sexually uncomfortable conduct given the recent allegations levied against Governor Andrew Cuomo. 37. In an email titled “Sexual Harassment Developments,” Mr. Saffron noted that “perceived innocuous behavior can lead to allegations of sexual harassment” and can have dire repercussions. 38. Mr. Saffron used the allegations against Mr. Cuomo as examples of conduct to avoid, including “too intimate embrace,” calling an employee “sweetheart,” asking an employee if she “had a boyfriend,” touching a woman “on her lower back,” “kiss[ing] her hand” and asking, “inappropriate questions.” 39. Mr. Saffron concluded, “It’s very important for us to recognize the current environment we operate in and to tailor our behavior accordingly to avoid monetary and reputational harm.” 40. While these remarks were in front of the Managing Committee, Mr. Saffron was speaking directly to Dr. Infernuso about his conduct and its potential impact on employees and ASC’s business. 41. Three days later, on March 10, 2021, at a Weekly Employee Culture Meeting, Dr. Infernuso spoke to the employees about the fact that some people had not yet completed the sexual harassment training (a point Mr. Saffron informed him about). 42. Likely thinking it was funny, Dr. Infernuso then said that he had completed the sexual harassment training – and then immediately turned to Ms. Langhorn and commented on 9 10 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 her appearance. Dr. Infernuso then turned to Mr. Saffron and said, “Well, I guess I failed the sexual harassment training.” 43. Mr. Saffron, wanting to show the staff that this was a serious matter, responded bluntly: “Yes, you failed.” For Mr. Saffron to rebuke Dr. Infernuso in front of the entire staff was apparently too much for him to handle – and he would not permit it. 44. Two days after that, Dr. Infernuso called Mr. Saffron into a meeting – also with Vladimir Steiger (his friend and Surgical Assistant) – and told Mr. Saffron he was being terminated, stating only that “your services are no longer needed.” 45. No other reason was provided. 46. Contrary to Dr. Infernuso’s assertion, Mr. Saffron’s services were not only needed but only a few months prior Dr. Infernuso had recognized that Mr. Saffron was so valuable that he required a substantial increase in his compensation and, as an incentive to Mr. Saffron, a stake in ASC’s profits. 47. Moreover, ASC is a growing practice with three additional locations being developed (including Astoria and two in Huntington Station), and Mr. Saffron’s wide array of professional skills are precisely what is needed to ensure that the expansion continues to go smoothly. In fact, Mr. Saffron singularly oversaw the renovations to the Astoria hospital during his tenure. 48. The vaguely stated reason for termination is clearly pretextual. In reality, Dr. Infernuso wanted to get rid of Mr. Saffron because he stood up for employees’ rights and was not afraid to tell Dr. Infernuso when his behavior was unprofessional, offensive and illegal. For that, Mr. Saffron was fired. 10 11 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 49. In a further act of retaliation, after firing Mr. Saffron, ASC withheld approximately $21,000 in incentive compensation owed to Mr. Saffron at the time of his termination. Dr. Infernuso did not pay this amount until Mr. Saffron retained counsel and litigation on his claims of retaliation appeared imminent. IV. Further Demonstration of Mr. Infernuso’s Vindictive Nature 50. As set forth above, further evidence of Dr. Infernuso’s retaliatory and vindictive nature is the manner in which he responded to Mr. Saffron’s complaints about other unlawful conduct – that Dr. Infernuso was defrauding customers. 51. In addition to Mr. Saffron’s complaints about Dr. Infernuso’s sexually harassing conduct and his efforts to improve the workplace environment, Mr. Saffron also complained that on the ASC website ASC misrepresents to the public that “All surgical procedures are performed by a Board Certified Specialist”: Iii animal-surgical-center.com Board Certified Specialists A ll surg ical procedures are performed by a Board Certified Surgeon e 00 Experienced Techs & Staff Our su rgical technicians and practice staff are highly e)(perienced in assisting ou r Specialists and providing supportive ca re to our patients. Convenient Location An imal Surgical Center i s locat ed in East M eadow, New York with ampl e c lient p arking availabl e. 0 11 12 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 52. Not all veterinarians at ASC are Board Certified Surgeons – those able to achieve that designation from the American College of Veterinary Surgeons must have completed substantial additional education, a one-year internship and a three-year surgical residency.1 53. ASC falsely leads customers to believe that all procedures performed on their precious pets have this level of expertise and experience in violation of consumer fraud statutes, including General Business Law Sec. 349. 54. However, Dr. Infernuso is in fact the only Board Certified Surgeon at ASC and numerous surgical procedures are conducted by other veterinarians without his presence, such as Rosemary Lombardi, Gabriella Zonenshine and Mr. Babamohammadi. 55. Mr. Saffron raised these concerns with Dr. Infernuso who failed to address the issue and instead became frustrated with Mr. Saffron’s efforts to correct this unlawful conduct. Dr. Infernuso’s repeated negativity towards Mr. Saffron when he raised complaints about this unlawful conduct only further demonstrates the unlawful basis for his termination. FIRST CAUSE OF ACTION (Retaliation in Violation of the NYSHRL) Against All Defendants 56. Plaintiff hereby repeats, reiterates and re-alleges each and every allegation as contained in each of the preceding paragraphs, as though fully set forth herein. 57. By the actions described above, among other things, Defendants retaliated against Plaintiff on the basis of his protected activity in violation of the NYSHRL by subjecting Plaintiff to adverse actions because he engaged in protected activity, including, inter alia, by terminating his employment. 1 See https://www.acvs.org/what-is-a-veterinary-surgeon (last accessed March 19, 2021). 12 13 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 58. As a direct and proximate result of the unlawful retaliatory conduct committed by Defendants in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, monetary and/or other economic harm, for which he is entitled to an award of monetary damages and other relief. 59. As a direct and proximate result of the unlawful retaliatory conduct committed by Defendants in violation of the NYSHRL, Plaintiff has suffered, and continues to suffer, mental anguish, physical illness and emotional distress, including, but not limited to, humiliation, embarrassment, stress and anxiety, loss of self-esteem and self-confidence and emotional pain and suffering, for which he is entitled to an award of monetary damages and other relief. 60. Defendants’ unlawful and retaliatory actions were done with willful negligence, or recklessness, or a conscious disregard of the rights of Plaintiff, or was conduct so reckless as to amount to such disregard of Plaintiff’s protected rights under the NYSHRL, for which Plaintiff is entitled to an award of punitive damages. 61. Plaintiff also seeks attorneys’ fees pursuant to NYSHRL. SECOND CAUSE OF ACTION (Retaliation in Violation of the NYCHRL) Against All Defendants 62. Plaintiff hereby repeats, reiterates and re-alleges each and every allegation as contained in each of the preceding paragraphs, as though fully set forth herein. 63. By the actions described above, among other things, Defendants retaliated against Plaintiff on the basis of his protected activity in violation of the NYCHRL by subjecting Plaintiff to adverse actions because he engaged in protected activity, including, inter alia, by terminating his employment. 13 14 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 64. As a direct and proximate result of the unlawful retaliatory conduct committed by Defendants in violation of the NYCHRL, Plaintiff has suffered, and continues to suffer, monetary and/or other economic harm, for which he is entitled to an award of monetary damages and other relief. 65. As a direct and proximate result of the unlawful retaliatory conduct committed by Defendants in violation of the NYCHRL, Plaintiff has suffered, and continues to suffer, mental anguish, physical illness and emotional distress, including, but not limited to, humiliation, embarrassment, stress and anxiety, loss of self-esteem and self-confidence and emotional pain and suffering, for which he is entitled to an award of monetary damages and other relief. 66. Defendants’ unlawful and retaliatory actions were done with willful negligence, or recklessness, or a conscious disregard of the rights of Plaintiff, or was conduct so reckless as to amount to such disregard of Plaintiff’s protected rights under the NYCHRL, for which Plaintiff is entitled to an award of punitive damages. 67. Plaintiff also seeks attorneys’ fees pursuant to NYCHRL. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that the Court enter judgment in his favor and against Defendants, containing the following relief: A. A declaratory judgment that the actions, conduct and practices of Defendants complained of herein violate the laws of the State of New York and the City of New York; B. An injunction and order permanently restraining Defendants and their partners, officers, owners, agents, successors, employees and/or representatives and any and all persons acting in concert with them, from engaging in any such further unlawful conduct, including the policies and practices complained of herein; 14 15 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 C. An order directing Defendants to take such affirmative action as is necessary to ensure that the effects of these unlawful employment practices are eliminated; D. An award of damages against Defendants, or any jointly or severally liable entity or person, in an amount to be determined at trial, plus prejudgment interest, to compensate Plaintiff for all monetary and/or economic damages; E. An award of damages against Defendants, or any jointly or severally liable entity or person, in an amount to be determined at trial, plus prejudgment interest, to compensate Plaintiff for all non-monetary and/or compensatory damages; F. An award of punitive damages; G. Pre- and post-judgment interest on all amounts due; H. An award of costs that Plaintiff incurs in this action, as well as an award of reasonable attorneys’ fees to the fullest extent permitted by law; and I. Such other and further relief as the Court may deem just and proper. 15 16 of 17 FILED: NASSAU COUNTY CLERK 04/16/2021 11:20 AM INDEX NO. 604661/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2021 JURY DEMAND Plaintiff hereby demands a trial by jury on all issues of fact and damages stated herein. Dated: April 16, 2021 New York, New York Respectfully submitted, WIGDOR LLP By: ____________________________ Douglas H. Wigdor David E. Gottlieb 85 Fifth Avenue New York, NY 10003 Telephone: (212) 257-6800 Facsimile: (212) 257-6845 dwigdor@wigdorlaw.com dgottlieb@wigdorlaw.com Counsel for Plaintiff 16 17 of 17