Supreme ?uurf Hf fhe Shite nchefu Emit Index No (?Inunfuf NEW YORK .. Date purch?d?il 2 a 8 8? i HATIXBE BAJRUSHI, INDIVIDUALLY, AND AS . . . THE NATURAL PARENT OF GANI BAJRUSHI County as the place of trial. The basis of the venue is RESIDENCE Plaimr?fs) THE TRUMP ORGANIZATION, INC. MATTHEW CALAMARI, JAMES GRAU, DOMINIC PEZZA AND MICHAEL NICOLE Plaintiff(s) reside(s) at 200 E. 69th Street, New York, NY 10021 Defendant(s) County of NEW YORK To the above named Defendant(s) . @1111 are herein; to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with thisisummons, to serve a notice Of appearance, on the Plaintiff?s Attomey(s) within 20 days after the service of summons, exclusive of the day of service (or within 30 days after the service is complete if this summons not personally delivered to you within the State of New York); and in case of your failure to appear or ariswe?r: judgment will be taken against you by default for the relief demanded in the complaint. 2. . 1? f? 3:5 Jonathan Marks, P.C. Dated, New York NY I .- Anome for Plaintiff November'29, 1995 1; r; Defendant?s address: 1? 7. Of?ce and Post Of?ce Address See Annexed Rider . 359 Fifth Avenue Suite 7912 New York, NY 10118 (212) 947-0909 - i .. -.. . Notice: The nature of this action is_ . i .. . l. . . see annexed verified complaint. The raliefsought is see annexed verified complaint. lm 0 7 . COUNTY bumer new YORK. 2.. aw,? RIDER TO SUMMONS TRUMP ORGANIZATION, INC. 725 FIFTH AVENUE NEW YORK, NY 10022 MATTHEW CALAMARI 725 FIFTH AVENUE NEW YORK, NY 10022 JAMES GRAU 200 E. 69TH STREET NEW YORK, NY 10021 DOMTNIC PEZZA TRUMP ORGANIZATION, INC. 725 FIFTH AVENUE NEW YORK, NY 10022 MICHAEL NICOLE TRUNIP ORGANIZATION, INC. 725 FIFTH AVENUE NEW YORK, NY 10022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HATIXBE BAJRUSHI, INDIVIDUALLY, AND AS Index THE NATURAL PARENT OF INFANT GANI BAJRUSHI, VERIFIED COMPLAINT Plaintiffs, against- 9 5128881 THE TRUMP ORGANIZATION, INC., MATTHEW CALAMARI, JAMES GRAU, DOMINIC PEZZA AND MICHAEL NICOLE, Defendants. PARTIES 1. At all times set forth herein plaintiff Hatixbe Bajrushi ("Tina Bajrushi") was and is an individual residing at 200 E. 69th Street, New York, NY 10021. She is the natural mother of infant-plaintiff Gani Bajrushi. 2. At all times set forth herein infant?plaintiff Gani Bajrushi 12/31/82) was and is an individual residing at 200 E. 69th Street, New York, NY 10021. 3. Upon information and belief, at all times set forth herein, defendant Trump Organization, Inc. ("Trump Organization"), was and is a corporation organized under New York State Law, with a principal place of business at 725 Fifth Avenue, New York, NY 10022. Upon information and belief, the business activities of Trump Organization, at all times set forth herein, included the management of a condominium apartment building known as Trump Palace located at 200 E. 69th Street, New York, NY 10021 ("Trump Palace"). Further, upon information and belief, Trump Organization owned all units within 200 E. 69th Street, prior to their sale. 4. Upon information and belief, at all times set forth herein, defendant Matthew Calamari ("Calamari") was and is an individual residing at 725 Fifth Avenue, New York, NY 10022. Upon information and belief, at all times set forth herein, Calamari was and is a Vice President of defendant Trump Organization, in charge of security for all properties owned and managed by Trump Organization. 5. Upon information and belief, at all times set forth herein, defendant James Grau was and is an individual residing at 200 E. 69th Street, New York, NY 10021. Upon information and belief, Grau is Donald Trump?s brother-in-law. Upon information and belief, Donald Trump was and is the chief executive of?cer of Trump Organization. 6. Upon information and belief, at all times set forth herein, defendant Dominic Pezza ("Pezza"), was and is employed in defendant Trump Organization?s security division. WV 7. Upon information and belief, at all times set forth herein, defendant Michael Nicole ("Nicole"), was and is an employee in defendant Trump Organization?s security division. FACTUAL BACKGROUND 8. From April 1991 through September 22, 1995, Daut Bajrushi was the superintendent of Trump Palace. At all times set forth herein, Daut Bajrushi was and is the husband of plaintiff Tina Bajrushi, and the natural father of infant-plaintiff Gani Bajrushi. 9. While he was superintendent, Bob Bajrushi maintained an of?ce in the basement of Trump Palace ("the superintendent?s office"). 10. Bob Bajrushi was scheduled to appear at a meeting of the Board of Directors of Trump Palace on September 27, 1995 ("the Board Meeting"). 11. On or about September 18, 1995, Bob Bajrushi advised a supervisory level employee of Trump Organization that at the scheduled Board Meeting, he would advise board members of improprieties concerning Trump Organization?s management of Trump Palace. Such improprieties included, but were not limited to, Trump Organization?s requiring Trump Palace employees to perform punch list work in units owned by Trump Organization, when they were ve been working in the common areas of the being paid by Palace and should ha building. Upon information and belief, the amount owed by Trump Organization to Trump 12. roper utilization of Trump Palace emplo yees to perfomi punch Palace as a result of the imp list work is over $300,000. 13. On September 22, 1995, Bob Bajrushi was admitted to Lenox Hill Hospital with chest pains. On September 22, 1995, while in the hospital, Bob Bajrushi asked his wife, Tina l4. eve certain personal items, as he did not Bajrushi, to go the superintendent?s of?ce to retri know how long he would be hospitalized. 15. Thereafter, at or about 4:00 PM. Tina Bajrushi and infant-plaintiff Gani Bajrushi entered the superintendent?s of?ce. 16. At or about 4:10 PM, while Tina Bajrushi and Gani Bajrushi were present in the superintendent?s of?ce, defendant Nicole forcibly entered the Of?ce, by using a screwdriver to pry the door open. 7. Upon entering the superintendent?s of?ce, Nicole announced that Tina Bajrushi and Gani Bajrushi could not leave. 18. Tina Bajrushi and Gani Bajrushi thereafter attempted to walk out, but Nicole pushed them back, without privilege, consent or justi?cation. Nicole admonished Tina Bajrushi and Gani Bajrushi not to try to leave again. Gani Bajrushi started to cry. 19. Shortly after Nicole broke into the superintendent?s of?ce, defendants Calamari, Grau, and Pezza entered. 20. Immediately upon arriving, Grau approached Tina Bajrushi and without privilege, consent or justi?cation pushed her on the shoulder, and said "What are you doing here?" 21. Without privilege, consent or justi?cation, defendant Calamari pushed and yelled at Gani Bajrushi. Calamari also pushed Tina Bajrushi. 22. Tina Bajrushi fainted. 23. Defendants Calamari, Grau, Nicole and Pezza, blocked the door, preventing Tina Bajrushi and Gani Bajrushi from leaving the superintendent?s of?ce for approximately one and one-half hour. 24. Defendant Grau grabbed and opened Tina Bajmshi?s purse. and passed it around for Calamari, Nicole and Pezza to look at - without Tina Bajrushis consent. 25. During the course of the foregoing false imprisonment. Bob Bajrushi telephoned his wife. Tina Bajrushi, speaking in Albanian. told him that she and Gani were being held against their will by the defendants and were being harassed. 26. Thereafter, Bob Bajrushi telephoned a third and requested that he call the police. 27. Approximately one and one-half hour a?er the foregoing false imprisonment began. the police arrived at the superintendent?s o?ice. 28. Immediately before the police entered, defendant Calamari threatened Tina Bajrushi and Gani Bajrushi with harm ifthey said anything to the police. FIRST CAUSE OF ACTION UPON FALSE 29. Plaintiffs repeat each of the foregoing allegations, thereby incorporating such allegations into this Cause of Action by reference. 30. Defendants Calamari, Grau, Pezza, and Nicole, acting in concert, intended to con?ne Tina Bajrushi and Gani Bajrushi in the superintendent?s of?ce on September 22, 1995. 31. Tina Bajrushi and Gani Bajrushi were conscious of their con?nement. 32. Tina Bajrushi and Gani Bajrushi did not consent to the subject con?nement. 33. The con?nement of Tina Bajrushi and Gani Bajrushi was not otherwise privileged. 34. By reason of the foregoing, defendants Calamari, Grau, Pezza, and Nicole falsely imprisoned Tina Bajrushi and Gani Bajrushi. 35. At all times set forth herein, defendants Calamari, Pezza and Nicole were acting within the course of their employment with defendant Trump Organization. At all times set forth herein, defendant Grau was acting as an agent on behalf of Trump Organization. 36. Speci?cally, Calamari, Pezza, Nicole and Gran broke into the superintendent?s of?ce and unlawfully detained Tina Bajrushi and Gani Bajrushi to deter Bob Bajrushi from disclosing the Trump Organization?s ?nancial improprieties to the Trump Palace Board. 37. Defendant Trump Organization is liable for the false imprisonment complained of herein under the doctrine of respondeat superior. 38. As a direct and proximate result of the false imprisonment complained of in this Cause of Action, Tina Bajrushi and Gani Bajrushi have experienced great shock, shame, humiliation, fear, emotional distress, and physical manifestations of emotional distress and bills - in an amount exceeding this Court?s jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable counsel fees. PLAINTIFF SECOND CAUSE OF ACTION UPON THE INTENTIONAL INFLICTION OF EMOTIONAL 39. Plaintiffs repeat each of the foregoing allegations, thereby incorporating such allegations into this Cause of Action by reference. 40. Defendants Calamari, Pezza, Nicole and Grau, acting in concert, and with the intent of causing severe mental distress -- and/or with reckless disregard that their conduct would cause severe mental distress -- conducted themselves towards plaintiff HatixBe Bajrushi and infant-plaintiff Gani Bajrushi in a manner so shocking and outrageous that it exceeded all reasonable bounds of decency. 41. Such shocking and outrageous conduct entailed the foregoing physical abuse. threats and con?nement of a 12 year old child (Gani) and his mother (Hatixbe). 42. Accordingly, defendants Calamari, Pezza, Nicole and Grau have committed the tort of the intentional in?iction of emotional distress -- against plaintiff Hatixbe Bajrushi and infant- plaintiff Gani Bajrushi. 43. Defendant Trump Organization is liable for the foregoing intentional in?iction of emotional distress under the doctrine of respondeat superior. 44. As a direct and proximate result of the intentional in?iction of emotional distress complained of in this Cause of Action, Tina Bajrushi and Gani Bajrushi have experienced great shock, shame, humiliation, fear, emotional distress, and physical manifestations of emotional distress and bills in an amount exceeding this Court?s jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable attorney?s fees. PLAINTIFF THIRD CAUSE OF ACTION UPON ASSAULT AND BATTERY 45. Plaintiffs repeat each of the foregoing allegations, thereby incorporating such allegations into this Cause of Action by reference. mutact tsee tmragraph lSl, a Defendant .tlamart, actual in concern \vtth defendants Nicole. bran and Penn. acting hostile and ot?tensn manner touched Tina Batrusht and Gani Bajl'ushl Without the? consent and unit the intention of causing harmful. offensive bodily contact (see paragraph 31)- 48, Defendant Grau, actirkg in concert with defendants Nicole. Calamari and Pezza. acting in a hostile and offensive manner touched Tina Bajrushi without her consent and mm the intent of causing harmful. offensive bodily contact (see paragraph 20). 49. At all times during the foregoing con?nement of Tina Bajrushi and Gani Bajrushi in the superintendent?s of?ce, defendants Nicole, Calamari, Gran and Pezza had the real and/or ty to cause imminent harmful offensive bodily contact, and did acts threatening the infant-plaintiff (see paragraphs 17, 18, 20, 21, 23), which caused them apparent abili plaintiff and apprehension of having harmful and offensive bodily contact made. 50. By reason of the foregoing, defendants Nicole, Calamari, Gran and Pezza are liable to plaintiff Tina Bajrushi and infant-plaintiff Gani Bajrushi for the torts of battery and assault. 10 40. Helcuilaut Nicole. acting in a hostile and offensive manner touched Tina ajrushi and iani Bajrushi without their consent and with the intention of causing harmful, offensive bodily contact (see paragraph 18). 47. Defendant Calamari. acting in concern with defendants Nicole, Grau and Pezza, acting in a hostile and offensive manner touched Tina Bajrushi and Gani Bajrushi without their consent and with the intention ol?causing harmful, offensive bodily contact (see paragraph 21). 48. Defendant Grau, acting in concert with defendants Nicole, Calamari and Pezza, acting in a hostile and offensive manner touched Tina Bajrushi without her consent and with the intent of causing harmful, offensive bodily contact (see paragraph 20). 49. At all times during the foregoing con?nement of Tina Bajrushi and Gani Bajrushi in the superintendent?s of?ce, defendants Nicole, Calamari, Grau and Pezza had the real and/or apparent ability to cause imminent harmful offensive bodily contact, and did acts threatening plaintiff and the infant-plaintiff (see paragraphs 17, 18, 20, 21, 23), which caused them apprehension of having harmful and offensive bodily contact made. 50. By reason of the foregoing, defendants Nicole, Calamari, Grau and Pezza are liable to plaintiff Tina Bajrushi and infant-plaintiff Gani Bajrushi for the torts of battery and assault. 10 5.1. Defendant Trump Organizmim i\ liable for the foregoing assaults and batteries under e? the doctrine of responde at superior. go . "'ithis AS a due? and meimate result of the assaults and batteries complained 0? l1 . . ~u cause 0t Acuom T1113 Bajrushi and Gani Bairushi have shock. humiliation. fear. emotional distress. and physical manifestations of emotional distress and PSE?Chiatn?c bills -- in an amount exceeding this Court?s jurisdictional limit. together With punitive damages. interest. costs. disbursements and reasonable attorney?s fees. FOURTH CAUSE OF ACTION UPON PRIMA FACIE TORTS 53. Plaintiffs repeat each of the foregoing allegations. thereby incorporating such allegations into this Cause Of Action by reference. 54. Defendants Nicole, Calamari. Grau and Pezza, acting in concert, intentionally in?icted harm upon plaintiffs by committing the foregoing acts and omissions. 55. The foregoing intentional harm proximately caused plaintiffs to suffer special damages to wit, bills. 11 56. The foregoing intentionally harmtul acts were committed without excuse or justi?cation. 57. Defendant 'l?rump Organization is liable for the foregoing primafacie torts under the doctrine of respondeat superior. 58. As a direct and proximate result of the prima facie torts complained of in this Cause of Action, Tina Bajrushi and Gani Bajrushi have experienced great shock, shame, humiliation, fear, emotional distress, and physical manifestations of emotional distress and bills -- in an amount exceeding this Court?s jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable attorney?s fees. WHEREFORE, PLAINTIFFS DEMAND JUDGMENT: 1. On the First Cause of Action, money judgment in an amount exceeding this Court?s jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable counsel fees. 2. On the Second Cause of Action, money judgment in an amount exceeding this Court?s jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable counsel fees. 12 3. On the Third Cause of Action, money judgment in an amount exceeding this Court?s jurisdictional limit together with punitive damages, interest, Costs. disbursements and reasonable counsel fees. - urt?s 4- On the Fourth Cause of Action, money judgment in an amount exceedmg C0 jurisdictional limit, together with punitive damages, interest, costs, disbursements and reasonable counsel fees. 5- Together with such further and different relief deemed just and appropriate by this Court. Jonathan Marks, PC. Attorneys for Plaintiffs 350 Fifth Avenue Suite 7912 New York, NY 10118 (212) 947-0909 Dated: New York, NY November 28, 1995 13 23W VERIFICATION STATE OF NEW YORK SS COUNTY OF NEW YORK 1; being duly sworn.deposes and says, HAT I XHE BAJ RUSH and that that I have read the foregoing verified complaint, matters alleged upon same is true, except for those I believe information and belief, and as to those matters, them to be true. ?igayv444z4bf HATIXHE BAJRUSHI Sworn to before me this day of November, 1995 MW N0?hry Public N?lme?qSuMH?NaNMmk No. 314695644 codi?ed in New York County 2 7 mm Expires June 30. 19