SUPREME COURT COUNTY OF THE OF NEW STATE YORK OF ROCKLAND CHRISTOPHER JOSEPH SABRINA Guardian, by BOCO his Mother and Natural SABRINA and Index BOCO, No: Date Individually Purchased: SUMMONS Plaintiff, Plaintiff designates ROCKLAND -against- place NYACK THE OF NYACK STAFF DOE until its whose true NYACK MICHAEL name LEVY, M.D., basis of the Plaintiff's ABC venue is: residence a fictitious being is secured), identity 14 (1-4) DOES being are presently identities The HOSPITAL true JOHN LOPEZ, names MEDICAL-DENTAL HOSPITAL, FOUNDATION, INC., SECURITY CORP (said corporation THE HOSPITAL, as the County of trial. JOHN Plaintiffs fictitious 36 at Drive NY Valley, Spring unknown), reside Gladys 10977 Defendants. To the above-named YOU a copy of Defendants: ARE your within 30 within the days 20 after seek or answer, the TAKE PLEASE plaintiffs days of New State after on the service will the undersigned service the complaint attorneys, Russo to answer of this is complete if this is not summons action Toner, LLP, & exclusive summons, in this of the New York, January 2 New to serve representing of day service delivered personally NOTICE be taken that for this personal against you action is based on and that injuries default by for a negligence in the case relief of York ,. I 2018 . ( By: ALAN -Attorneys 4 TONER, for 33 Whitehall New Tel: ESQ. RUSSO, RUSSO York, NY 212-482-0001 LLP Plaintiffs Street, 10004 16 cause your demanded Complaint. Dated: and (or to you York); damages monetary judgment SUMMONED Answer Verified within plaintiffs, HEREBY Floor of action, failure in the that to appear Verified R&T Defendant's Nyack File No: 610.238 Addresses: Hospital 160 Midland N. New Nyack, Avenue York The Medical-Dental 160 N. Nyack, Nyack 160 Foundation, Avenue New MICHAEL York 10960 LEVY, M.D. Midland N. New Nyack, Inc., Avenue York 10960 SECURITY ABC Hospital 10960 Midland Nyack, of Nyack Avenue York Hospital N. 160 Staff Midland New 10960 CORP. (said name being a fictitious corporation until its true identity secured) c/o 160 Nyack N. Hospital Midland Nyack, New JOHN DOE c/o 160 Nyack N. Midland JOHN DOES Nyack N. Nyack, PLEASE 10960 (fictitious names whose true identities are presently unknown) Hospital New 160 York LOPEZ Nyack, c/o Avenue Avenue York 10960 1- 4 (1-4 being fictitious names whose true identities are presently Hospital Midland New Avenue York 10960 FORWARD TO YOUR INSURANCE CARRIER IMMEDIATELY unknown) is SUPREME COURT COUNTY OF THE STATE NEW YORK OF OF ROCKLAND X ------------------------------------------------------------------X CHRISTOPHER JOSEPH, by BOCO SABRINA Guardian his Mother and SABRINA and Natural Index No: BOCO, Individually COMPLAINT VERIFIED Plaintiff, -against- NYACK THE OF NYACK STAFF THE HOSPITAL, DOE until its MICHAEL whose true name HOSPITAL LEVY, M.D., a fictitious being JOHN true is secured), identity 1DOES 4 (1-4) being JOHN LOPEZ, names NYACK HOSPITAL, FOUNDATION, INC., ABC CORP (said M.D., corporation MEDICAL-DENTAL are presently identities fictitious unknown), Defendants. X ------------------------------------------------------------------X CHRISTOPHER Plaintiff, BOCO SABRINA and THE defendants NYACK SECURITY CORP JOHN LOPEZ, presently BOCO, NYACK HOSPITAL, DOE JOSEPH, name JOHN upon unknown), THE HOSPITAL Mother as and Individually, HOSPITAL, (said by for a fictitious information and their INC., corporation 1- 4 (1-4 DOES Natural being belief, Verified Complain STAFF as against NYACK OF MICHAEL LEVY, M.D., until identity is secured), fictitious allege SABRINA Guardian, MEDICAL-DENTAL FOUNDATION, being and its names true whose true ABC identities are as follows: FACTS 1. At all resident Gladys times herein of the Drive, mentioned, County Spring of Rockland Valley, CHRISTOPHER plaintiff New and York. State of New JOSEPH York with was a residence and is a at 36 2. 3. At all times special needs Mental and At all the At all Rockland New Upon of and has its principal and licensed Upon NYACK under was to the business in State New York with and laws belief, still a location 160 State at all and of New times at in the Midland and was with and and was a residence BOCO SABRINA JOSEPH hereinafter pursuant business was North information York is a domestic and belief, HOSPITAL, at 160 HOSPITAL of and business Upon and under place pursuant at all belief, existing the BOCO CHRISTOPHER to do business and Services was and is a New the York is a resident at 36 Gladys of Drive, and was who is the Mother at 36 resides and Gladys N.Y. and information Social SABRINA plaintiff Plaintiff HOSPITAL, organized York of New State mentioned, information New plaintiff and Valley, Spring by JOSEPH York. herein Guardian NYACK 7. mentioned, times Drive, 6. herein Valley, Natural 5. Law. of County as defined Hygiene CHRISTOPHER plaintiff mentioned, individual times Spring 4. herein not-for to the North of times New State Avenue, laws State Avenue, duly of New York New Nyack, and York York. of New York New York organized duly and THE defendant mentioned, corporation Nyack, corporation of the Midland hereinafter is a domestic of the profit THE defendant mentioned, has and its and existing principal licensed to place of do York at all times is a foreign at 160 North hereinafter corporation Midland mentioned, doing business Avenue, Nyack, THE within New NYACK the York. state of 8. At all times business 9. Upon herein within the information of New State and not-for profit of the 10. of New State Avenue, Upon STAFF corporation York New Nyack, information and MEDICAL-DENTAL corporation New 11. and New Nyack, Upon Avenue, all Upon times and York and belief, times in 160 the and with North of New and to the laws THE the State Avenue, York THE at Midland York. of MEDICAL- is a foreign a location laws is a domestic Midland of New still to the defendant mentioned, was is a domestic at 160 State North State hereinafter York pursuant was pursuant at HOSPITAL transacted belief, existing place THE 160 corporation North within times hereinafter INC, under was and of business to do business MEDICAL-DENTAL business at all FOUNDATION, licensed business and mentioned, and to do and in the HOSPITAL, of business defendant mentioned, and its principal hereinafter under was of business business THE Midland York. HOSPITAL and do NYACK of New under existing place at all state transacted defendant mentioned, place to existing NYACK the New organized has and within information and licensed and times OF principal HOSPITAL HOSPITAL, its principal at all and OF herein HOSPITAL duly its STAFF Nyack, NYACK 13. York business doing At has information DENTAL 12. organized NYACK licensed STAFF duly York has and belief, hereinafter organized and York times OF duly NYACK York. at all belief, MEDICAL-DENTAL THE defendant mentioned, in the and pursuant at 160 State the State to the North of New of New mentioned, is a domestic laws Midland York. STAFF OF York. defendant NYACK profit corporation not-for of the Avenue, State of New Nyack, York New of 14. Upon information HOSPITAL and has its principal and licensed Upon place to do HOSPITAL New 16. At all INC. 17. times herein York New Nyack, and York NYACK mentioned, still is a foreign at 160 a location the STAFF FOUNDATION, the within corporation North NYACK INC., NYACK HOSPITAL will collectively HOSPITAL of New State THE Defendants, OF NYACK defendant mentioned, business hereinafter DENTAL and of New State Avenue, duly York hereinafter with of the Midland New of laws corporation doing Midland Avenue, York. transacted That North was York is a domestic NYACK defendant mentioned, to the times INC of New state State at all FOUNDATION, the and at 160 in the belief, was pursuant business business and within Nyack, of and hereinafter times INC under existing information business at all belief, FOUNDATION, organized 15. and York. THE HOSPITAL, and referred be FOUNDATION, NYACK MEDICAL- HOSPITAL to as "THE NYACK DEFENDANTS". 18. On or about owner, the 19. premises had while plaintiff Upon information SECURITY and supervisor operator, existing was lawfully and and manager the at all and pursuant of the premises DEFENDANTS and the as the within employees JOSEPH from injury premises. hereinafter times is a domestic to the NYACK CHRISTOPHER plaintiff within belief, was CORP., under and to protect a duty THE defendant 2017 16, January laws not-for of the mentioned, profit State defendant corporation of New York duly and ABC organized has its principal licensed 20. Upon 21. information at 160 business in the 22. At was with all Upon and and within and 24. Upon information fictitious DOE security to and hired names LOPEZ officers and for its true name by true Nyack York has and its existing place principal licensed to do ABC SECURITY mentioned, within business doing Avenue, times New Nyack, the of of New state York. ABC SECURITY CORP., herein mentioned, defendant SECURITY identity (said CORP., is secured) services security at all belief, JOHN and and transacted contract by on the THE name in premises a being for ABC to act as a order and NYACK Hospital. (said whose New ABC organized duly York hereinafter ABC provide defendant and York. at all Nyack CORP SECURITY secured) for officers security New until CORP. times Midland defendant corporation of New Nyack, defendant of York defendant mentioned, corporation corporation North belief, hired State New Nyack, York is a foreign State hereinafter Avenue, at all at 160 the DEFENDANTS SECURITY of the mentioned, information fictitious times Avenue, York. is a domestic belief, still herein at all laws of New State Midland of New Midland a location times business 23. North information CORP., York to the North State and was pursuant 160 belief, CORP., and at in the and business Upon business to do business SECURITY under of place times being JOHN identities DOES Hospital. herein a fictitious DOE LOPEZ are presently 1- 4 as employees corporation and ABC defendant mentioned, until JOHN unknown) within its DOES hereinafter the premises true is identity 1- 4 (1-4 being JOHN to act as a 25. Upon and information DEFENDANTS JOHN and 26. hired Upon for 27. CORP., on or about That the Upon and within New the ABC SECURITY THE state of 2017 and was times THE defendant mentioned, the herein LOPEZ JOHN CORP., premises to act NYACK DOE LOPEZ as members of the is owned, by at all belief, M.D., NYACK at 160 THE times NYACK hereinafter was M.D., with responsible security services. JOSEPH North and controlled, care as acting was lawfully Avenue, managed, DEFENDANTS. still defendant is a medical was at 160 providing Midland mentioned, and a location for 1- 4 were maintained, DEFENDANTS York DOES CHRISTOPHER operated, defendant JOHN to provide Located ABC defendant mentioned, and plaintiff Hospital M.D., New within DEFENDANTS 16, secured LEVY, York DOE which and defendants JOHN of Nyack information MICHAEL at all January York maintained, belief, NYACK premises New Nyack, by THE of herein Hospital. and agents within 28. Nyack information SECURITY the defendant's times 1- 4 as employees DOES staff security at all belief, and still and North doctor is doing Midland treatment employed business Avenue, Nyack, to CHRISTOPHER JOSEPH. 29. Upon information MICHAEL THE NYACK of New was York responsible and LEVY, at all belief, M.D., was a location for providing and at 160 care hereinafter still and DEFENDANTS with times is a medical was North and and still doctor affiliated with is doing business within Avenue, Nyack, New Midland treatment defendant mentioned, to CHRISTOPHER defendants the York JOSEPH. state and 30. Upon information and DEFENDANTS Midland 31. Upon owned Avenue, and DEFENDANTS 32. Upon and information Upon information and Upon the managed and information the DEFENDANTS.controlled 35. Upon and DEFENDANTS 36. Upon information and hired purposes of premises including information MICHEAL JOHN THE individuals and operating at all MICHAEL DOES NYACK and LEVY,M.D., 1- 4 were at 160 North "premises"). herein mentioned, defendant THE NYACK herein mentioned, defendant THE NYACK herein mentioned, defendant THE NYACK herein mentioned, defendant THE NYACK times herein mentioned, defendant THE NYACK within the times herein defendant THE NYACK times times times times premises. as employees the conducting CHRISTOPHER Plaintiff Upon security belief, the located premises. at all belief, provided DEFENDANTS 37. the information (hereinafter Hospital NYACK premises. at all belief, as Nyack THE defendant premises. at all belief, mentioned, premises. at all maintained DEFENDANTS 34. the belief, known York, at all belief, herein times premises New operated DEFENDANTS 33. the Nyack, information at all belief, LEVY, mentioned, to act who M.D, capacities of Nyack affairs daily in various provided Hospital care and for within treatment the to JOSEPH. at all belief, ABC acting DEFENDANTS. times herein SECURITY in the course mentioned, CORP., of their defendant JOHN employment DOE with DR. LOPEZ defendant and 38. That or about on within the managed, 39. On premises of Nyack maintained, and or about owner, the while had plaintiff was defendant THE manager the needs maintained, NYACK THE NYACK the and premises premises and was lawfully controlled, DEFENDANTS. DEFENDANTS of the CHRISTOPHER plaintiff within as a special of JOSEPH operated, defendant and lawfully owned, by to protect a duty to him treatment secured supervisor operator, premises Hospital 2017 16, January CHRISTOPHER plaintiff 2017 16, January as the JOSEPH to provide within employees from appropriate injury and care individual. 40. The limitations on liability set forth in CPLR Section 1601 do not apply to this action. 41. The limitations on liability set forth in CPLR Section 1601 do not apply to this action by reason of one or more of the FIRST set exemptions OF CAUSE forth in CPLR Section 1602. ACTION ASSAULT 42. CHRISTOPHER Plaintiffs, SABRINA realleges 43. That on threatened without premises MICHAEL and SABRINA BOCO, and every allegation contained effect and or about by cause, and as through 16, January defendant's LEVY, the 2017 forth care M.D. and treatment and Natural a length 1-41 DOE of and with together the herein. CHRISTOPHER while Guardian, reiterates repeats, in paragraphs JOHN or justification Mother Individually, plaintiff employees provocation under set his by BOCO each force same JOSEPH, LOPEZ plaintiff THE JOSEPH and was NYACK JOHN lawfully was DOES within DEFENDANTS 1- 4 the and 44. 45. That on or about information and That or about on under premises the or justification NYACK 46. That on LOPEZ JOHN and apprehension plaintiff That was or about on to be under the DOE JOHN justification 48. That on in and the DOE justification SECURITY the while without and of of DOES their while with the premises. the was JOHN intention provocation cause, DOE to arouse or justification JOHN of plaintiff was harm 1- 4 without cause, provocation while within lawfully the 1- 4 without cause, provocation as employees the of or JOSEPH harm within actions the THE premises. physical lawfully caused defendant immediate employment was by of as employees CHRISTOPHER of their physical was plaintiff DOES JOSEPH immediate employment plaintiff 2017 course within defendant JOSEPH CHRISTOPHER plaintiff apprehension in the CORP. JOHN 16, reasonable LOPEZ 2017 while January made of premises. the course DEFENDENTS to be under JOHN LOPEZ were the provocation cause, employees by apprehension reasonable or about plaintiff 16, January while NYACK the within lawfully defendants' force 1- 4 which DOES in of lawfully on by as employees CHRISTOPHER plaintiff 2017 was while defendants' threatened 1- 4 without M.D. LEVY, JOSEPH was employment plaintiff while threats fear and their DOES upon MICHAEL defendant, M.D., JOHN of JOSEPH CHRISTOPHER LEVY, and course 16, January to unjustified subjected 47. in the of the plaintiff LOPEZ DEFENDENTS or about care MICHAEL of DOE the 2017 16, care while under was January JOHN employees THE belief CHRISTOPHER plaintiff 2017 16, January premises. was by of the caused actions of or defendant ABC 49. That on apparent present effectuate their while 50. was present effectuate their of their employment That apparent present effectuate their THE agents and JOSEPH employment without the to or justification THE JOSEPH JOHN and provocation NYACK feared 1- 4" DOES or justification while DEFENDENTS CHRISTOPHER LOPEZ DOE cause, of as employees the to in the while course plaintiff provocation ABC JOSEPH JOHN and while CORP SECURITY 1- 4" DOES or justification feared while the to in the course plaintiff was premises. DEFENDENTS servants, ABC intentional without LOPEZ plaintiff "JOHN by NYACK 1- 4" DOES 2017 16, ability the 1- 4" DOES provocation cause, feared premises. January threats within That the JOHN and CHRISTOPHER DOE of JOSEPH premises. plaintiff cause, as employees employment lawfully without LOPEZ without the "JOHN by threats DOE harm 2017 CHRISTOPHER plaintiff within 16, ability or about on of physical lawfully within lawfully 2017 "JOHN by January apparent of their 52. ability or about on 16, January threats plaintiff That was 51. or about as those SECURITY acts cause, acts are provocation were the threatening or justification committed within for DOE "JOHN CORP., of violently liable vicariously employees', LOPEZ JOHN and CHRISTOPHER plaintiff while the their in the scope of the liable for course of their employee's employment. 53. That THE defendant violently NYACK "JOHN threatening DEFENDENTS DOE the LOPEZ plaintiff are and vicariously JOHN CHRISTOPHER DOES 1- 4" JOSEPH their employees' intentional with acts the of immediate physical harm without employment natural 54. THE as those respondent 1- 4" conduct 55. That 1- 4" 56. That occurrences That harm the course of their foreseeable and acts doctrine of JOHN and DOES CHRISTOPHER provocation cause, as those the LOPEZ plaintiff without and the or justification employee's defendants' anticipated reasonably doctrine of of intentional doctrine SECURITY violent THE employer by operation, of the occurrences premises acts of of defendant, respondent JOHN JOSEPH was of here and caused JOHN DOE of superior, and JOHN superior, the solely LOPEZ and caused DOE of the solely LOPEZ defendant and and permanently injuries resulting and wholly and THE by JOHN NYACK control, the DOES injured. to plaintiff reason DOES of the 1-4 and by DEFENDANTS security in and premises. injuries resulting and JOHN LOPEZ seriously within of here were DOE maintenance, employees MICHAEL DEFENDENTS, defendant management, complained JOSEPH NYACK CORP, were defendant, respondent ownership, the THE Defendants complained CHRISTOPHER the in the generally under DOE "JOHN employment JOSEPH acts supervision 57. was liable threatening CHRISTOPHER plaintiff the of the ABC M.D., intentional their conduct vicariously employees physical been while DEFENDENTS. CHRISTOPHER the employee's are violently of their have as a result LEVY, of or justification employment. their immediate course could NYACK for acts with the the DEFENDENTS intentional in and of that superior JOSEPH while acts consequence NYACK provocation cause, wholly and THE by JOHN NYACK to plaintiff reason DOES of the 1-4 and DEFENDANTS by a ABC AND/OR maintenance, the 58. SECURITY in their CORP., control, security of foregoing, and ownership, supervision of the management, operation, premises and employees within premises. That reason by damaged which the in in an amount this action of the excess otherwise may CHRISTOPHER plaintiff have SECOND jurisdictional been JOSEPH of limits lower all been has Courts in brought OF ACTION CASE BATTERY 59. CHRISTOPHER Plaintiffs, BOCO SABRINA realleges 60. with the That on each same struck JOHN offensive 61. That contained 16, in his face 1-4 struck his DOES offensive January 1-4 without face who cause, employment as employees was within lawfully the body by of and 2017 body intended the and the fists NYACK ABC of Nyack while SECURITY Hospital. Action and together JOHN which in the was DOE was course LOPEZ harmful and of their while Hospital. contact bodily of DEFENDANTS hands or justification defendant of contact while and reiterates JOSEPH CHRISTOPHER plaintiff Guardian, herein. hands bodily of Nyack to make premises fists THE premises provocation of a length or justification by Cause CHRISTOPHER defendant the 16, set forth Natural repeats, First in the to make provocation and Individually, plaintiff 2017 intended within lawfully as through and who cause, or about violently JOHN allegation as employees was on every January without plaintiff BOCO, effect DOES employment SABRINA Mother his by and and force or about violently and and JOSEPH, JOSEPH of JOHN which DOE was in the CORP., was LOPEZ harmful course while and of their plaintiff and 62. as a result That and 63. That the occurrences were DOE LOPEZ THE NYACK THE 1- 4" those injuries resulting and solely JOHN wholly DOES was seriously 1-4 and and CHRISTOPHER to plaintiff of the reason by in their security NYACK doctrine the by ownership, intentional of acts respondent operation, of the supervision acts and those by of JOHN superior, by management, premises and within employees which and in this conduct the LOPEZ in the course have could their of the and of been doctrine JOHN of DOES JOSEPH employment their as anticipated reasonably of or justification violent while conduct in the could the of doctrine LOPEZ and JOHN CHRISTOPHER plaintiff contacting violently under DOE "JOHN employees employee's liable is vicariously CORP., provocation course have of been their DOES JOSEPH employment as anticipated reasonably CORP. the an amount action while under CHRISTOPHER plaintiff or justification for acts reason DOE "JOHN contacting violent liable vicariously DEFENDANTS. SECURITY damaged violently SECURITY cause, acts of are employees employee's superior ABC That the intentional without their provocation NYACK ABC 1- 4" for acts cause, THE That DEFENDANTS superior respondent 66. the DEFENDANTS intentional without by caused control, respondent 65. JOSEPH premises. That by CHRISTOPHER plaintiff foregoing, and and maintenance, the the injured. permanently JOSEPH 64. of may foregoing, in excess otherwise CHRISTOPHER plaintiff of the have jurisdictional been brought. limits JOSEPH of all lower has been Courts in THIRD 67. BOCO realleges each Action forced hold the of this of on and January and of was Kendra's 16, law the 2017 hospitalization sufficient of their detained allowed not medical of Mental the basis the Plaintiff Law. York Plaintiff not did and Health have was consent was to in Law. LEVY, he should and 72-hour M.D., CHRISTOPHER plaintiff LOPEZ, mandatory or justified MICHAEL when herein. DOE confined Health New of Causes a length JOSEPH the defendant, of and privileged §9.60 forth and employment, by CHRISTOPHER confinement reiterates JOHN scope York Guardian, Second set M.D., than New The and First, LEVY, the longer facility Natural repeats, as through effect maliciously Plaintiff, the in the within and § 9.60 his or about JOSEPH been released after 72 hours. MICHAEL Defendant orders to confine medical basis violation of to it. in the including and acting willfully law of force and Individually, MICHAEL while confinement. a good lapse Mental same Law extended without 70. the 1-4 Kendra's unlawfully the contained DEFENDANTS, confinement That allegation to remain laws, violation 69. every IMPRISONMENT Mother his by BOCO, unlawfully, him aware JOSEPH, FALSE SABRINA DOES wrongfully, ACTION and with NYACK JOHN and and together THE OF CHRISTOPHER Plaintiffs, SABRINA 68. CAUSE Health the LEVY, Plaintiff, or justification. all applicable Law. Plaintiff M.D., CHRISOPHER Defendant laws including was wrote unlawfully conscious and JOSEPH MICHAEL Kendra's of this gave without LEVY. Law verbal § 9.60 confinement medical reasonable any M.D., of The and did so in New did not York consent 71. When he falsely MICHAEL LEVY, 72. As and did a result of the MICHAEL was acts of allotted by Kendra's mental and physical access to her son NYACK for liberty Law DOE distress. basis other and he was longer access hospital and to her held for 4, falsely against than and was employees, 1- DOES longer BOCO at the stay than agent humiliated SABRINA extended its JOSEPH he was mother or justification. JOHN law, to his BOCO and time Defendant access SABRINA LOPEZ of Plaintiff, his during a period or any Plaintiff DEFENDANTS, CHRISTOPHER his the unlawfully medical JOHN M.D., Plaintiff deprived THE of denied and JOSEPH denied unlawfully reasonable any LEVY, imprisoned also BOCO so without CHRISTOPHER Plaintiff M.D., SABRINA Plaintiff son imprisoned his the he time subjected to great denied unlawfully 2 days will, following the incident. 73. As a result of the employee MICHAEL JOSEPH and longer than humiliated BOCO the 74. acts and was hospital THE DOES than 1 —4, and time denied the Defendant mental he and to suffered intentional acts MICHAEL the her son JOHN M.D., for liberty distress. and/or CHRISTOPHER or other Law doctrine THE LEVY, his 2 days for of of physical seeing affiliate Plaintiff Kendra's by through DEFENDANTS, for deprived will, accesses injuries imprisoned falsely his its DEFENDANTS, allotted to great physical liable M.D., against the subjected NYACK vicariously held unlawfully for NYACK LEVY, he was longer THE of a period laws, his extended the following of respondeat DOE in stay incident. superior LOPEZ, falsely he was SABRINA Plaintiff, during of time are JOHN imprisoning the at 75. scope of their ABC SECURITY 1 - DOES 76. 4, in falsely Defendants That and 78. the false JOSEPH by virtue and 79. That of their for the premises. the superior DOE the of their the JOHN JOSEPH while employment. CHRISTOPHER Plaintiff employment his are LOPEZ, CHRISTOPHER scope of respondeat JOHN Plaintiff without CHRISTOPHER plaintiff any JOSEPH good, was seriously control, operation, and and solely NYACK JOHN by wholly reason by and wholly reason by LOPEZ virtue of their security and the of the the the these acts security premises. CHRISTOPHER intentional premises acts LEVY, DOES operation, of for of control, to plaintiff JOHN ownership, supervision liable MICHAEL and acts maintenance, injuries resulting intentional vicariously within DEFENDANTS, DOE the management, employees the of are CHRISTOPHER to plaintiff injuries resulting DEFENDANTS premises THE acts the and NYACK ownership, CORP maintenance, solely caused and these THE of scope and imprisonment were SECURITY liable within acting basis. foregoing of the false defendants the of imprisoned the medical THE and JOSEPH the falsely within caused supervision the were Defendants doctrine acts within imprisonment were defendants these injured. permanently That M.D., or sufficient of intentional acting acting as a result the imprisoning were while reasonable 77. the LEVY, JOSEPH through CORP., for MICHAEL while employment. liable vicariously these JOSEPH CHRISTOPHER Plaintiff of the M.D., 1- 4 are ABC vicariously management, and employees within 80. That reason by damaged this the action of the jurisdictional in excess otherwise may FOURTH have BOCO SABRINA realleges each of Action 82. That together THE 83. That THE foreseeable same force and DEFENDANTS DOE LOPEZ and defendant of DOE "JOHN which harm, in the effect THE NYACK or retaining the defendant First, in JOSEPH and DOES CHRISTOPHER exercised "JOHN herein. and of behavior action. defendant placed negligently 1- 4" JOSEPH DEFENDANTS employees in this and Causes actual type retained 1- 4" JOHN and had the injuries hired Third defendant and for propensity and a length retained 1- 4" DOES and set forth and DOES JOHN reiterates Second, hired JOHN LOPEZ plaintiff Courts Guardian, repeats, as through negligently and Natural and Individually, CHRISTOPHER LOPEZ lower NEGLIGENT Mother employee's DEFENDANTS all been RETENTION negligently to had subjected in a position would not reasonable DOE have care LOPEZ to in JOHN and 1- 4". That THE have known 1- 4" the DOE employees supervising 84. contained NYACK defendant DOES allegation in plaintiff "JOHN been every with employees cause BOCO, knowledge resulted by SABRINA "JOHN constructive JOSEPH, of has brought ACTION and NYACK employees' which and OF JOSEPH limits SU PERVISION, CHRISTOPHER Plaintiffs, been CAUSE HIRING, 81. CHRISTOPHER plaintiff foregoing, an amount in which of NYACK propensity of the for DEFENDANTS defendant the conduct employees that in the exercise "JOHN caused plaintiffs of DOE ordinary care LOPEZ and injuries knew or should JOHN DOES as alleged herein. 85. THE NYACK CORP and of hiring Nyack 86. THE That the and JOHN That as alleged the to work, CORP. SECURITY and screening placed for work at the and JOHN known 1- 4" train JOHN CORP., in the reasonable the defendant for the propensity SECURITY CORP. employees of and DOE to LOPEZ conduct exercise DOE "JOHN employees that of caused plaintiffs ABC negligently SECURITY failed to properly train CORP., JOHN DOE JOSEPH was 1- 4". foregoing plaintiff complained of carelessness management, employees as a result and of JOSEPH and and SECURITY to properly CHRISTOPHER seriously injured. occurrences premises ABC have DOES of the permanently the ABC defendant as a result failed herein supervise operation, solely their SECURITY CORP., DOES defendants, negligence That supervise SECURITY or should LOPEZ CHRISTOPHER 91. ABC defendants, LOPEZ 90. ABC retained 1- 4". DOES knew and and negligently of employees care That and ABC which DEFENDANTS ordinary and manage employees defendant injuries 89. to adequately NYACK JOHN That That hired negligently Hospital. and 88. failed security supervise 87. DEFENDANTS wholly of the were of and caused THE plaintiff foregoing, as a result of the solely control, contractors injuries resulting NYACK maintenance, and the within and wholly by DEFENDANTS security the and premises CHRISTOPHER negligence, to plaintiff carelessness reason in the supervision of the ownership, of the of Nyack Hospital. JOSEPH was and recklessness injured of THE NYACK DEFENDANTS JOHN and plaintiff 92. That by 1-4 each and contributing thereto. reason foregoing, damaged which DOE in this of the an amount action FIFTH in OF BOCO SABRINA realleges each of Causes been ABUSE by SABRINA BOCO, every allegation contained together with the same of all LOPEZ part of the has lower been Courts in brought. Mother §493(4)(B) and Natural force and Guardian, reiterates repeat, Individually, in the TO NEW PURSUANT LAW SERVICES JOSEPH, on the JOSEPH limits ACTION-PHYSICAL and and Action jurisdictional have CHRISTOPHER Plaintiffs, CHRISTOPHER of the SOCIAL negligence any DOE JOHN CORP., without plaintiff excess YORK 93. SECURITY of them, otherwise may CAUSE ABC and First, Second, and Third, effect as through SECURITY CORP., and Fourth, set forth a length herein. 94. MICHAEL Defendants LOPEZ JOHN and Defendants DOES NYACK the CHRISTOPHER New LEVY, JOSEPH defined Law Social Services the health, safety, and welfare the acts assault and battery causing Center attached physical for the and emotional Protection as Exhibit 1. under and, 1-4, DEFENDANTS York of ABC M.D., by of People two" and &e with conduct physical which by Notice Special beating abuse abuse from New Needs, dated about York to Plaintiff pursuant to endangered seriously JOSEPH him DOE superior, physical CHRISTOPHER him injury. of respondeat committed as "category Plaintiff against doctrine have §493(4)(b) of the JOHN by his State September committing face and Justice 26, 2017 body 95. By virtue of the respondeat are 1-4, M.D., ABC liable for damages of reasonable an assessment SIXTH individual SECURITY CAUSE OF PHYSICAL defendants, THE defendants superior, LEVY, the foregoing, NYACK in the amount attorney's ACTION of CHRISTOPHER Plaintiffs, BOCO SABRINA realleges Fifth Causes length 97. each of Action LAW and ($2,500,000.00) BOCO, allegation contained with the USE NEW YORK BY OF SOCIAL §493(4)(B) Mother by SABRINA together MICHAEL Defendants the JOSEPH defined and and by physical See Notice Special virtue respondeat from Needs of DOES and Natural Individually, Guardian, First, force and Second, effect and reiterates repeats, in the same in violation and New his superior, under and, DEFENDANTS of New health, York York the defendants the and Fourth, Third, as through set forth harm Justice 26, 2017 individual the Social a Center for attached defendants, NYACK superior, restraints Law of this CHRISTOPHER the Protection as Exhibit and, DEFENDANTS upon him and §493(4)(b) as a result Plaintiff DOE CHRISTOPHER physical Services welfare to of respondeat Plaintiff used JOHN CORP., doctrine abused and safety State September SECURITY inappropriately psychological foregoing, ABC M.D., 1-4, and deliberately dated the LEVY, NYACK endangered seriously serious JOHN and Defendants By every dollars DOES herein. LOPEZ 98. and JOHN and INAPPROPRIATE AS DEFINED JOSEPH, and of MICHAEL LOPEZ million doctrine fees. SERVICES 96. 2.5 DOE DELIBERATE RESTRAINTS the DEFENDANTS, JOHN CORP., through and, abuse, as thereby causing JOSEPH. of People with 1. through the doctrine MICHAEL of LEVY, M.D., ABC liable for SECURITY damages SEVENTH CAUSE INTIMIDATION 99. OF BOCO each realleges and Fifth, Sixth Plaintiff LOPEZ million 2.5 FOR dollars TO NEW YORK DOES and ($2,500,000.00) 1-4, are an BOCO, allegation contained of Action Natural First, the with reiterates Third, Second, same force §79-N Guardian, repeats, Individually, together LAW RIGHTS and in the OR VIOLENCE CIVIL Mother by SABRINA every JOHN and BAIS-RELATED JOSEPH, Causes a length forth DOE fees. ACTION and and of attorney's CHRISTOPHER SABRINA 100. amount PURSUANT Plaintiffs, set in the of reasonable assessment JOHN CORP., and and Fourth, effect as through herein. from suffers "disability" a mental as Civil Rights Law ABC SECURITY §79-n defines that term. 101. The LOPEZ THE JOHN and NYACK for harm regarding his mental upon acts, injury his Plaintiff Rights $79-n by person, causing him is from Law (2). LEVY, DOES 1-4, §79-n in whole or substantial and the committing by to suffer Haiti was and through the intentionally disability and, M.D., and DEFENDANTS, JOSEPH physical 102. MICHAEL defendants their torts of intentional mental and is a member expressly designed because of their assault, of plaintiff battery, as alleged physical respondeat plaintiff caused acts of selected part thereby doctrine JOHN CORP., herein, superior CHRISTOPHER belief damage, and DOE false and or perception harm and imprisonment by their negligent injury. a racial to protect group (see which New New York Civil York Civil Rights Law 103. The THE LEVY, NYACK harm in whole his race, color, injury by or and and, by causing him to suffer and LOPEZ plaintiffs pain, 105. 106. By and have mental virtue of the Rights virtue respondeat damages reasonable of the THE Plaintiffs, SABRINA the foregoing, ABC the physical upon as alleged acts physical, humiliation and individual THE of SECURITY defendants' including his herein, mental NYACK JOHN CORP., unlawful actions as alleged, emotional and and injury embarrassment. defendants, through and, DEFENDANTS amount attorney's of the §79-n violated doctrine of the of New THE 5 million defendants, NYACK dollars through and, the DEFENDANTS are and ($5,000,000.00) doctrine liable an assessment of for of fees. CAUSE CHRISTOPHER BOCO individual defendants EIGHTH 107. negligent defendants' M.D., NYACK and harm Law. superior, in the their individual the 1- 4" DOES the by regarding imprisonment false Joseph injury. LEVY, suffering, foregoing, York of damages anguish, superior, By JOHN and physical result suffered respondeat Civil and and battery, Christopher damage, and OF ACTION JOSEPH, SABRINA 1- superior, or perception belief plaintiff DOES of respondeat plaintiff of their JOHN LOPEZ, doctrine selected caused assault, acts, MICHAEL DEFENDANTS, DOE mental proximate the because and of torts intentional their person, part origin national the through intentionally substantial committing a direct and M.D., DOE JOHN CORP., DEFENDANTS, for As SECURITY MICHAEL 4, and 104. ABC defendants by BOCO, NEGLIGENCE Mother and Individually, Natural repeats, Guardian, reiterates and realleges Fifth, each 108. On and Sixth, through set forth 16, January maintained, the 109. Seventh Causes a length herein. of Nyack and managers within on and operation JOHN That JOSEPH 112. That these JOSEPH of THE within ABC by injury upon the premises, to be injured and effect managed, within employees owners, and while operators, within contractors plaintiff was of the plaintiff and solely DEFENDANTS and premises SECURITY occurrences and caused the of the their due wholly their DOE to the ownership, management JOHN CORP., of LOPEZ and known as wholly by in the and security CHRISTOPHER to plaintiff reason ownership, supervision NYACK emotionally. injuries resulting and solely and CHRISTOPHER plaintiff foregoing, physically DEFENDANTS control, premises reason injured seriously NYACK the and employees from NYACK THE of M.D., wholly were maintenance, force 1-4. and was premises and Fourth, operated, as the the plaintiff caused maintenance LEVY, solely the and lawfully was carelessness DOES the while 2017 management, MICHAEL same owned, DEFENDANTS premises to protect JOSEPH CHRISTOPHER negligence the Third, premises. 16, January supervised Second, with DEFENDANTS NYACK of the a duty the and First, together Action NYACK THE supervisors had of in the Hospital. 2017, premises contained secured 16, lawfully 111. THE 2017, On January That allegation every controlled, premises the 110. and of the HOSPITAL. of the negligence operation, premises and carelessness management, and the employees as 113. That as a result and solely NYACK as a result been Courts by damaged in which this CHRISTOPHER million dollars Seventh New Cause New York, January d, JOHN the Sixth of Action, Causes of excess otherwise DOE Cause in sum the THE CORP., without them, any CHRISTOPHER JOSEPH of have The plaintiff been brought. THE against JOHN and Fifth of 5 million 10 million dollars 1-4 Action, dollars in the 2.5 ($10,000,000.00) York etc.. r RUSS RUSSO , ESQ. 4 TONER, 33 Whitehall Street, NY York, Tel: 212-482-0001 Our File No: LLP Plaintiffs- for -Attorneys 10004 610.238 amount 16* th Floor 16 for of dollars for ($5,000,000.00) 2018 A lower million Actions. Yours all NYACK DOE Cause of Action, New of SECURITY limits A injured recklessness of the jurisdictional LOPEZ for of was thereto. judgment demands each and plaintiff foregoing, in may 1- 4" and ABC M.D., contributing ($2,500,000.00) for aforementioned Dated: an amount action LEVY, plaintiff JOSEPH carelessness negligence, DOES of the reason and ($2,500,000.00) the the JOSEPH DEFENDANTS 2.5 of in the JOHN and part WHEREFORE, has of MICHAEL LOPEZ on the CHRISTOPHER plaintiff foregoing, DEFENDANTS, negligence 114. the wholly DOE JOHN of the ATTORNEY ALAN the S. RUSSO, of New State York, CHRISTOPHER JOSEPH I have best information read the of my own and belief. Affirmant to all matters matter and law by firm Mother under following and practice the & TONER, RUSSO of not by foregoing Complaint knowledge, except further therein not states that stated upon communications Affirmant and the to the Natural law of attorneys for BOCO SABRINA Guardian, Courts of of perjury: penalties LLP., the before the Plaintiffs and SABRINA Individually. BOCO, to the of the admitted duly affirms hereby a partner I am an attorney VERIFICATION said county wherein Dated: New January further York, states is that plaintiffs your with affirmant New J_Q_ 2018 York the that said has know as to those source his the and of his knowledge, the contents matters therein stated information and are of the a review and thereof, the that to be grounds file same alleged of his maintained is true on as belief, in this clients. the reason plaintiffs his office. this why do not verification reside within is made the County by your of New affirmant York, the YEAR: INDEX: COURT SUPREME OF THE STATE OF NEW YORK OF ROCKLAND COUNTY CHRISTOPHER SABRINA JOSEPH, BOCO, by his Mother and Natural SABRINA Guardian BOCO and Individually, Plaintiff, -against- NYACK THE NYACK CORP HOSPITAL name (said JOHN LOPEZ, MEDICAL-DENTAL THE HOSPITAL, FOUNDATION, a fictitious being DOES 1- 4 (1-4) MICHAEL INC., until corporation fictitious being STAFF names OF NYACK M.D., LEVY, its true whose SECURITY is secured), identity true HOSPITAL, ABC identities JOHN are presently unknown), Defendants. SUMMONS & TONER, RUSSO for Attorneys Office and Tel: R&T York, (212) File Office 16th St., New York 482-0001 No: LLP Plaintiffs Post 33 Whitehall New AND 610.238 Address, Fl. 10004 Telephone VERIFIED COMPLAINT DOE