Q. Index Number: 305?28?2008 5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ndex No. JASON CASTRO. te Filed: laintiff designates Plaintiff, BRONX COUNTY as the place of trial -against~ The basis of venue: Place of occurrence THE CITY OF NEW YORK. Cilildtbi? Defendant. Plaintiff at 22-69 Ham 9. Apt.A Bronx. 8 To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the aint in this action and to serve a copy of your answer. or. i? the complaint is not served with this summons. to serve a rmWice of appearance. on Plaintiff(s) Attorney within 20 days after the service of this summons. exclusive of the day of service (or within 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: New York. New York June ?0 . 2008 Yours. etc.. LAW OFFICES OF ALAN M. GREENBERG. P.C. By: Alan M. Gr enberg. Esq. Attorney for Plaintiff(s) 60 East 42nd Street Suite 1556 New York. NY 10165 9? (212) 972~5656 . . if D?ien?ant?s Address: -1 \d NEW YORK loosC?nxgh Street . New ?vYo?rigGulf I. Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk SUPREME COURT OF THE STATE OF NEW YORK Index JASON CASTRO. Plaintiff, VERIFIED COMPLAINT against a THE CITY OF NEW YORK. PLAINTIFF DEMANDS Defendant; A TRIAL BY JURY Plaintiff. complaining of the defendant. by his attorney. LAW OFFICES OF ALAN M. GREENBERG. P.C.. hereby respectfully alleges upon information and belief as AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE 1. At all times hereinafter mentioned. defendant THE CITY OF YORK (hereinafter referred to as defendant was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 2 Heretofore. and on or about April 15. 2008. plaintiff served a Notice of Claim. in writing. upon defendant within ninety days after the within causes of action accrued. 3. That on or about June 12. 2008. plaintiff duly submitted to a hearing pursuant to General Municipal Law Section 50?h as demanded by defendant NYC. 4. More than 30 days has elapsed since service of the aforesaid Notice of Claim upon defendant. and defendant has failed. as qmegl??ted and refused to pay. settle. compromise or adjust the 0? ??aimsiof the plaintiff herein. V, 9? The aboveaentitled action is commenced against the n&L ?0 I (a defendant NYC Within one year and ninety days of the accrual of the ?0 Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk within cause of action herein. 6. The causes of action asserted herein are not subject to the provisions of Article 16 of the CPLR and/or come within the stated exceptions as set forth in CPLR Sections 1602(4). 1602(5). 1602(6). 1602(7). 1602(8) and 1602(10). 7. That on or about April 9. 2008 at approximately 3.30 4:30 p.m. at or near premises known and described as in the street and sidewalk in front of a Toyota/Scion Car Dealership located on 236 w. Fordham Road. County of Bronx. City and State of New York. plaintiff JASON was. just after verbally and peacefully disputing a parking violation ticket. unlawfully arrested. imprisoned. assaulted. abused and charged by defendant NYC. such of its agents. servants and/or employees. 8. That on or about April 9. 2008 at approximately 3:30 4.30 plaintiff JASON CASTRO was. suddenly and without warning and/or provocation. physically assaulted on and about his body by agents. servants and/or employees of defendant NYC. as a result of which plaintiff was caused to sustain personal injuries herein. 9 That the assault was unprovoked. unwarranted and unjustified and was caused solely by reason of the negligence. carelessness and recklessness of the defendant NYC. its agents. servants and/or employees. in that they did employ and retain in their employ. brutal. dangerous. troublesome. incompetent and vicious persons who they knew or should have known. were a source of danger. a menace to life and limb of persons and more particularly to the plaintiff herein. and in failing to take the Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk necessary precautions to protect the public and citizens. and more particularly the plaintiff. from abusive and dissolute persons; in causing. permitting and/or allowing their agents. servants and/or employees to conduct themselves in a wanton. willful. reckless and heedless manner without regard for the safety of the plaintiff herein; in behaving in a: disorderly manner; in subjecting the plaintiff to public shame. humiliation and embarrassment; and in otherwise being careless. reckless and negligent without any fault or lack of care on the part of the plaintiff contributing thereto. 10. As a result of the foregoing. plaintiff JASGN CASTRO sustained severe and permanent. physical personal injuries. including. but not limited to. head. face. neck. back. arms and knees. producing pain and suffering and loss of function; mental anguish; physical pain and emotional distress; traumatic stress: post?traumatic stress disorder: and damage to his property and reputation in and out of his workplace and family. 11. The causes of action asserted herein are not subject to the prov1sions of Article 16 of the CPLR and/or come within the stated exceptions as set forth in CPLR ?1602(4). 1602(5). 1602(6). 1602(7). 1602(8) and 1602(10) 12. As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A SECOND CAUSE OF ACTION FOR ASSAULT AND BATTERY 13. Plaintiff repeats. reiterates and realleges each and Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk every allegation in complaint numbered through ?12" inclusive with the same force and effect as though more fully set forth herein. 14. That on April 9, 2008, at the aforesaid location, an agent, servant and/or employee of the defendant NYC did, within the scope of their employment with said defendant, commit assault and battery upon the plaintiff JASON CASTRO by physically striking and assaulting him about his head and body with unnecessary excessive and unlawful force and brutality: thrown to the ground while handcuffed, punched in the head repeatedly whale handcuffed and pinned to the ground; all in violation of his civil rights under the applicable statutes, as a result of which plaintiff was caused to sustain severe and permanent personal injuries as aforesaid. 15. As a result of the foregoing, plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A THIRD CAUSE OF ACTION FOR FALSE 16. Plaintiff repeats, reiterates and realleges each and every allegation in complaint numbered through "15" inclusive with the same force and effect as though more fully set forth herein. That on April 9. 2008, at the aforesaid location, the defendant NYC. by its agents, servants and/or employees. wrongfully, unlawfully, maliciously and without any warrant or pretense of legal process, imprisoned, confined and/or detained the 4 Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk plaintiff JASON CASTRO and deprived him of his liberty for numerous hours. 18. That the aforementioned occurrence and resulting injuries to plaintiff JASON CASTRO. were caused wholly and solely. through. and by reason of. the negligence of the defendant NYC. its agents. servants and/or employees in causing. permitting and/or allowing plaintiff to be falsely imprisoned and/or unjustifiably detained without probable cause. 19. That by reason of the defendant?s actions by its agents. servants and/or employees. plaintiff was made physically ill and was subjected to ridicule. scorn. and derision by those knowing of his detention and was otherwise greatly injured and subjected to mental and distress. humiliation and was injured to his character and reputation. 20. As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A FOURTH CAUSE OF ACTION FOR MALICIOUS PROSEQUTION 21. Plaintiff repeats. reiterates and realleges each and every allegation in complaint numbered through "20? inclusive with the same force and effect as though more fully set forth herein. 22. That on April 9. 2008. at the aforesaid location. the defendant NYC. by its agents. servants and/or employees. wrongfully. unlawfully. maliciously. without probable cause and 5 Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk without ground thereof. and without any consent. handcuffed plaintiff in an extraordinarily tight fashion. threw plaintiff to the ground while handcuffed. and confined. detained and/or held plaintiff in custody for approximately thirty hours. 23. That subsequent to plaintiff?s arrest. defendant NYC. through its agents, servants and/or employees. did maliciously cause a criminal prosecution to be commenced against plaintiff JASON CASTRO. without probable cause and in bad faith. 24. In commencing and continuing said malicious prosecution. defendant NYC. its agents. servants and/or employees caused plaintiff to be falsely charged with crimes in violation of the Penal Laws of the City and State of New York. 25 Plaintiff JASON CASTRO had not committed any illegal act. 26. Plaintiff JASON CASTRO had not given defendant NYC. its agents. servants and/or employees probable cause to believe that he had committed the illegal acts of which he was accused. Defendant NYC. its agents. servants and/or employees. knew or should have known. through the exercise of proper procedure and reasonable care that said investigation was false. flawed and incomplete. 28 Defendant NYC. its agents. servants and/or employees willfully and wrongful accused plaintiff JASON CASTRO of having violated the Penal Laws of the State of New York. 29. As a result of the aforesaid malicious prosecution. plaintiff JASON CASTRO suffered and continues to suffer substantial damages. Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk 30. Said malicious prosecution caused plaintiff JASON CASTRO to suffer embarrassment by having to publicly walk in shackles. he was repeatedly denied basic human necessities and rights and was never read his Miranda rights at any time. and was otherwise greatly injured and subjected to severe emotional and. mental distress. humiliation and damage to his character reputation. 31. As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A FIFTH CAUSE OF ACTION FOR NEGLIGENT HIRING 32. Plaintiff repeats. reiterates and realleges each and every allegation in complaint numbered through "31" inclusive with the same force and effect as though more fully set forth herein. 33. That the aforementioned occurrence and resulting injuries to plaintiff JASON CASTRO. were caused wholly and solely. through. and by reason of. the negligence of the defendant NYC. its agents. servants .and/or* employees in ther negligent hiring. retention. training and supervision of its agents. servants and/or employees: in the negligent hiring and retention of a person who was unfit to serve as a police officer. and who it knew or should have known had dangerous propensities and lack of proper temperament; in failing to exercise reasonable precautions in employing this police officer by failing to properly investigate his background and would have determined that he was unfit to service as a policeman: in the Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk negligent training and instruction of its police officers by not exerc1sing care in instructing them as to their deportment. behavior and conduct as policemen and representatives of the City of New York. 34. As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A SIXTH CAUSE OF ACTION FOB INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 35. Plaintiff repeats, reiterates and realleges each and every allegation in complaint numbered through ?34" inclusive with the same force and effect as though more fully set forth herein. 36 That the aforementioned occurrence and resulting injuries to plaintiff JASON CASTRO. were caused wholly and solely. through. and by reason of. the recklessness of the defendant NYC. its agents. servants and/or employees in causing. permitting and/or allowing intentional infliction of severe emotional distress in a manner so shocking and outrageous that it exceeded all reasonable bounds of decency; and in acting in such a manner so as to show utter disregard for the plaintiff herein. As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk AS AND FOR A SEVENTH CAUSE OF ACTION FOR VIOLATION OF CIVIL RIGHTS PURSUANT TO 42 U.S.C.A. 1983 38. Plaintiff repeats. reiterates and realleges each and every allegation in complaint numbered through "37" inclusive with the same force and effect as though more fully set forth herein. 39. That the aforementioned occurrence and resulting injuries to plaintiff JASON CASTRO. were caused wholly and solely. through. and by reason of. the recklessness of the defendant NYC. its agents. servants and/or employees in violating plaintiff?s Civil Rights pursuant to 42 U.S.C.A. ?1983 in that plaintiff was deprived of his rights. privileges and immunities secured by the Constitution and laws of the United States of America by one who. under color of a statute of regulation of a state. caused plaintiff to be so deprived and other and further violations of plaintiff?s rights and privileges secured to him under the Constitutions of the United States of America and the State of New York. 40 As a result of the foregoing. plaintiff JASON CASTRO demands judgment against defendant in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE. plaintiff demands judgment against defendant NYC. on all causes of action. in amounts which exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. together with the costs and disbursements of this action. Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk Dated: New York. NY June 333 2008 Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk 10 Yours. etc.. LAW OFFICES OF ALAN M. GREENBERG, P.C By? A an M. eenberg, Esq. Attorney for Plaintiff(s) 60 East 42nd Street Suite 1556 New York, NY 10165 (212) 972~5656 UNIFORM COURT RULE 130?1.la CERTIFICATION I, the undersigned, an attorney. duly admitted to practice in the Courts of New York State, state that I am the attorney of record for the plaintiff in the within action and to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within SUMMONS AND VERIFIED COMPLAINT, therein are not frivolous as defined in subsection of section 130.1,1 Dated: New York, New York June 736" 2008 Militia, Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk VERIFICATION STATE OF NEW YORK COUNTY OF new YORK i 88? The undersigned. an attorney admitted to practice in the Courts of the State of New York. hereby affirms as true under penalties of perjury that affirmant is the attorney for the plaintiff in the within action; that affirmant has read the foregoing COMPLAINT and knows the contents thereof: that the same is true to affirmant?s own knowledge. except as to the matters therein stated to be alleged on information and belief. and that as to those matters affirmant believes to be true. The grounds of affirmant's belief as to all matters not stated upon affirmant?s knowledge are as follows: investigation made under affirmant's supervision and information and records in the case file. That the reason this verification is made by your affirmant and not by the plaintiff is that the plaintiff does not reside within the County of New York. which is the County in which your ALAN M. G?g?tgg?; affirmant has his office. Affirmed to be true this day of June. 2008. Filed On - 07/1 5108 11:35:34 AM Bronx County Clerk