Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 1 of 25

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JAIMIE FERRAUIOLA,

08-CV-I 0622 (GEL)
Jury Trial Demanded
AMENDED
COMPLAINT

Plaintiff,
- against LOWENSTEIN SANDLER, P.C., ADRIAN
ZUCKERMAN (sued in his official and individual
capacities pursuant to New York Hwnan Rights Law
Sections 290, et. seq.) and LYDIA RILEY (sued in her
Official and individual capacities pursuant to New York
Hwnan Rights Law Sections 290, et. seq.),
Defendants.

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PLAINTIFF JAIMIE FERRAUIOLA, by her attorneys LAW OFFICES OF
ALBERT ADAM BREUD, P.L.L.C., complaining of Defendants, alleges as follows:
PRELIMINARY STATEMENT

Plaintiff, a Caucasian female, commenced this employment discrimination and retaliation
action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et
seq.("Title VII") and the New York State Executive Law (the New York State Hwnan
Rights Law ("NYHRL")) and New York City Administrative Code (the New York City
Hwnan Rights Law ("NYCHRL")), alleging gender discrimination, sexual harassment,
hostile work environment, racial discrimination and retaliation with regard to the terms
and conditions of her employment against Defendant Lowenstein Sandler, P.C. Plaintiff
alleges that the individual Defendants violated the NYHRL by aiding, abetting,
compelling, coercing and inciting unlawful discriminatory practices.

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JURISDICTION
FIRST:

This case arises out of violations of Title VII, presents a federal

question pursuant to 28 U.S.C. Section 1331 and therefore this Court has jurisdiction over
Plaintiffs Title VII claims.
SECOND:

Plaintiff's NYHRL and NYCHRL claims arise out of the same

case or controversy as Plaintiff's Title VII claims and therefore this Court has
supplemental jurisdiction over said claims pursuant to 28 U.S.C. Section 1367(a).

VENUE

THIRD:

A substantial amount of events giving rise to Plaintiff's claims

occurred in New York County, New York State, within the Southern District of New
York and this Court is hereby the proper venue.

PARTIES
FOURTH:

Plaintiff is a citizen of the United States and Connecticut resident,

residing at 108 Wayland Avenue, Waterbury, CT 06708.
FIFTH:

At all times relevant hereto, Plaintiff was "employed," as defined

by Title VII, NYHRL and NYCHRL, by Defendant Lowenstein Sandler, P.C.
(hereinafter referred to as "Defendant" and/or "Lowenstein") at its New York office
located at 1251 Avenue of the Americas, New York, New York 10020.
SIXTH:

Upon information and belief, Defendant Lowenstein Sandler, P.C.,

is and was a New Jersey professional corporation duly licensed to do business in New
York.

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SEVENTH:

At all times relevant hereto, Lowenstein was an "employer" as

defined by Title VII, NYHRL and NYCHRL.
EIGHTH:

Upon information and belief, Defendant Adrian Zuckerman

("Defendant" and/or "Zuckerman") was and is a New Jersey resident and is a "person" as
defined by NYHRL and NYCHRL.
NINTH:

Upon information and belief, at all times hereinafter mentioned,

Zuckerman was an employee of Lowenstein.
TENTH:

Upon information and belief, at all times hereinafter mentioned,

Zuckerm.an was an attorney admitted to practice law in New York State.
ELEVENTH: Upon information and belief, at all times hereinafter mentioned,
Zuckerman was a Managing Partner at Lowenstein.
TWELTH:

At all times hereinafter mentioned, Zuckerman was m a

supervisory position over Plaintiff.
THIRTEENTH:

Upon information and belief, Defendant Lydia Riley

("Defendant" and/or "Riley") was and is a New York resident and is a "person" as
defined by NYHRL and NYCHRL.
FOURTEENTH:

Upon information and belief, at all times hereinafter

mentioned, at all times hereinafter mentioned, Riley was an employee of Lowenstein.
FIFTEENTH: Upon information and belief, at all times hereinafter mentioned,
Riley was an Office Manager at Lowenstein.
SIXTEENTH: At all times hereinafter mentioned, Riley was in a supervisory
position over Plaintiff.

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FACTUAL ALLEGATIONS

SEVENTEENTH:

On or about February 2005, Plaintiff was hired by

Lowenstein as a legal secretary.
EIGHTEENTH:

Plaintiff was hired to work as Zuckerman's legal secretary.

NINETEENTH:

Zuckerman frequently called Plaintiff's cell phone and

asked Plaintiff if she wanted to meet him in New York City for dinuer.
TWENTIETH:

Zuckennan would constantly force Plaintiff to have closed

door meetings with him.
TWENTY-FIRST:

The purpose of said closed door meetings was for

Zuckerman to get dating advice from Plaintiff and to update Plaintiff on Zuckerman' s
love life.
TWENTY-SECOND: At said closed door meetings, Zuckerman would show to
Plaintiff pictures and screen savers of semi-nude women.
TWENTY-THIRD:

Said closed door meetings caused Plaintiff great discomfort

and embarrassment.
TWENTY-FOURTH: Zuckerman would state to other office members that
Plaintiff was bearing Zuckerman' s child.
TWENTY-FIFTH:

Zuckerman stating that Plaintiff was bearing his child

caused Plaintiff great discomfort and embarrassment.
TWENTY-SIXTH:

Zuckerman would frequently force Plaintiff to accompany

him to lunch at Del Friscos.
TWENTY-SEVENTH:

At said lunches, Zuckerman would talk about his

sex life in graphic detail and ask Plaintiff for dating advice.

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TWENTY-EIGHTH: Said lunches caused

Plaintiff great discomfort and

embarrassment.
TWENTY-NINTH:

Zuckerman would frequently invite Plaintiff to drink

alcohol with him during work hours.
THIRTIETH: Said invitations to drink alcohol caused Plaintiff great discomfort
and embarrassment.
THIRTY-FIRST:

Throughout her course of employment with Lowenstein,

Plaintiff would frequently ask Zuckerman to cease talking to her about his personal sex
life.

THIRTY-SECOND: When Plaintiff would request that Zuckerman cease his
inappropriate behavior, Zuckerman would respond by condescendingly patting Plaintiff
on the top of her head and ignoring her.
THIRTY-THIRD:

Despite Plaintiff's numerous requests to Zuckerman that he

stop his inappropriate behavior, Zuckerman continued said behavior.
THIRTY-FOURTH: On or about Summer 2006, after work, many employees of
Lowenstein, including, but not limited to Plaintiff, Melpo Kariotis and Steven Siesser
(hereinafter referred to as "Siesser''), went to a bar.
THIRTY-FIFTH:

While at the bar, Plaintiff informed Siesser about

Zuckerman's harassing and inappropriate behavior towards her.
THIRTY-SIXTH:

Siesser stated that he would make Gary Wingens, a

managing partner at Lowenstein, aware of the allegations.
THIRTY-SEVENTH: Siesser further stated that so long as Plaintiff promised not
to sue Lowenstein for sexual harassment, she would always have a job at Lowenstein.

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THIRTY-EIGHTH:

However,

thereafter,

Zuckerman

continued

his

inappropriate behavior towards Plaintiff.
THIRTY-NINTH:

It was clear to Plaintiff that despite full knowledge of

Zuckerman's harassing and inappropriate behavior, Lowenstein did nothing to curtail
said behavior.
FOURTIETH: Zuckerman continued to use profane language towards Plaintiff.
FORTY-FIRST:

Zuckerman called Plaintiff a "cunt."

FORTY-SECOND:

This caused Plaintiff great embarrassment and humiliation.

FORTY-THIRD:

Another attorney in the office told Plaintiff that he "knew

all about Plaintiff."
FORTY-FOURTH:

When Plaintiff asked what that meant, the attorney replied,

in sum and substance, "you know how guys talk."
FORTY-FIFTH:

It was clear to Plaintiff that Zuckerman had spread

inappropriate comments about her around the office.
FORTY-SIXTH:

This caused Plaintiff great embarrassment and humiliation.

FORTY-SEVENTH: Zuckerman frequently made sexual gestures in reference to
women in the office at Lowenstein, including Plaintiff.
FORTY-EIGHTH:

Zuckerman frequently made gestures and spoke about big

breasted women.
FORTY-NINTH:

On or about April 2007, Zuckerman left Lowenstein to

pursue another position at Epstein Becker and Green.
FIFTIETH:

Zuckerman offered to take Plaintiff over to the new firm at a much

higher salary than she was making at Lowenstein.

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FIFTY-FIRST:

Plaintiff refused the offer, as she viewed it was best that she

no longer work with Zuckerman.
FIFTY-SECOND:

Ann Rebarick, the Human Resources Director, was aware

of Zuckerman's offer, and requested that Plaintiff stay at Lowenstein.
FIFTY-THIRD:

Ann Rebarick informed Plaintiff that she was "invaluable"

to Lowenstein.
FIFTY-FOURTH:

Ann Rebarick informed Plaintiff that if she continued her

employment at Lowenstein, Plaintiff would be used to help train the new Office
Manager.
FIFTY-FIFTH:

Ann Rebarick informed Plaintiff that if she continued her

employment at Lowenstein, Plaintiff would be promoted from "Legal Secretary" to
"Administrative Assistant."
FIFTY-SIXTH:

On or about May 2007, Riley, an African-American

female, was hired as an Office Manager at Lowenstein.
FIFTY-SEVENTH:

On or about May 2007, Plaintiff began to work as Riley's

assistant.
FIFTY-EIGHTH:

From the moment Riley began work as an Office Manager,

she discriminated against employees that were not African-American.
FIFTY-NINTH:

Riley failed to promote qualified non-African-American

employees.
SIXTIETH:

Riley promoted unqualified African-American employees.

SIXTY-FIRST:

Riley

consistently

employees.

7

harassed

non-African-American

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SIXTY-SECOND:

Riley did not harass African-American employees.

SIXTY-THIRD:

Riley consistently wrongfully docked time off of non-

African-American employees' timesheets.
SIXTY-FOURTH:

Riley did not dock the timesheets of African-American

employees.
SIXTY-FIFTH:

On or about May 2008, Riley stated that Plaintiff would be

promoted to Executive Assistant.
Plaintiff was more than qualified to become Executive Assistant.
SIXTY-SIXTH:

Altl1ough she was not officially given the title of Executive

Assistant, on or about May 2008, Lowenstein' s "Secretarial Slotting Grid" indicated that
Plaintiff was indeed an "EA" ("Executive Assistant").
SIXTY-SEVENTH:

Despite informing Plaintiff that she would be

promoted, Riley continued to discriminate against Plaintiff and create a hostile work
enviromnent.
SIXTY-EIGHTH:

As

a

result,

Plaintiff

complained

to

Lowenstein

management about Riley's discrimination.
SIXTY-NINTH:

Plaintiff further complained to Lowenstein management

that Riley created a hostile work enviromnent.
SEVENTIETH:
American

employees

Upon information and belief, numerous other non-Africancomplained

to

Lowenstein

discrimination.

8

management

about

Riley's

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SEVENTY-FIRST:

Upon information and belief, numerous other non-African-

American employees complained to Lowenstein management that Riley created a hostile
work environment.
SEVENTY-SECOND:

As a direct result of the above referenced

complaints against Riley, on or about June 2008, co-Chair of the New York office Steven
Siesser, co-Chair of the New York office Peter Ehrenberg and Chief Director of Human
Resources Alice DeLancey conducted a meeting with the staff to discuss Riley's actions.
SEVENTY-THIRD: The meeting was "confidential" in that management stated
that any grievances made at said meeting would not be repeated to Riley.
SEVENTY-FOURTH:

Upon information and belief, Riley did not attend

said meeting, as she was out on vacation.
SEVENTY-FIFTH:

The main topic of said meeting was Riley's disparate

treatment of non-African-American employees.
SEVENTY-SIXTH:

Upon information and belief, numerous specific examples

of Riley's disparate treatment of non-African-American employees were confirmed by
attendees.
SEVENTY-SEVENTH:

Upon information and belief, numerous specific

examples of Riley's actions creating a hostile work environment for non-AfricanAmerican employees were confirmed by attendees.
SEVENTY-EIGHTH:

Despite confirmation of Riley's actions in said

meeting to management, management took no corrective action.
SEVENTY-NINTH: Upon information and belief, management did not keep the
results of said meeting "confidential," but rather repeated same to Riley.

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EIGHTIETH: On or about June 2008, Riley returned from her vacation.
EIGHTY-FIRST:

Upon her return from vacation, Riley stated that she knew

about the confidential meeting.
EIGHTY -SECOND: Riley further stated that she knew who complained about
her actions and treatment of non-African-American employees.
EIGHTY-THIRD:

Days after Riley stated that she knew who complained

about her, Riley informed Plaintiff that Plaintiff would no longer be promoted to
Executive Assistant.
EIGHTY-FOUR TH: Riley's failure to promote Plaintiff as promised was purely
retaliatory.
EIGHTY-FIFTH:

Plaintiff complained of the failure to promote to Alice

DeLancey.
EIGHTY-SIXTH:

Plaintiff attempted to produce the "Secretarial Slotting

Grid" to Alice DeLancey to demonstrate that she had been promoted and that same
should be honored; however, DeLancey would not permit her to do so.
EIGHTY-SEVENTH:Furthermore, Riley claimed that the "Secretarial Slotting
Grid" was a confidential document.
EIGHTY-EIGHTH:

The "Secretarial Slotting Grid" was not a confidential

document.
EIGHTY-NINTH:

Every single employee at Lowenstein had access to the

"Secretarial Slotting Grid."
NINETIETH: Defendants informed Plaintiff that she was terminated as a result of
Plaintiff accessing the "Secretarial Slotting Grid."

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NINETY-FIRST:

Defendants' stated reason for terminating Plaintiff was pre-

textual.
NINETY-SECOND: Plaintiff was terminated in retaliation for complaining
about Riley's discrimination and the hostile work environment that Riley created at
Lowenstein.
NINETY-THIRD:

After Plaintiff was terminated, her position was filled by an

African-American.
NINETY-FOURTH: Another employee at Lowenstein that complained about
Riley was constructively discharged, and was thereafter replaced by an AfricanAmerican.
NINETY-FIFTH:

Prior to commencing this action, Plaintiff timely filed a

Charge of Discrimination with the United States Equal Employment Opportunity
Commission ("EEOC") alleging employment discrimination, racial discrimination,
hostile work environment and retaliation within 300 days of said incidents of
discrimination and retaliation.
NINETY-SIXTH:

The EEOC issued a determination that stated, in pertinent

part, "we have reviewed all of the circumstances of this case ... the charge raises a variety
of complex issues. Given our current workload, and the extent of additional investigation
required to complete this investigation, we conclude that EEOC will be unable to
complete the processing of the charge within 180 days. Enclosed is your notice of right
to sue." See Exhibit A.

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NINETY-SEVENTH: Prior to commencing this action, Plaintiff received a Notice
of Right to Sue from the EEOC and commenced the instant action within 90 days from
her receipt of same. See Exhibit A.
AND AS FOR A FIRST CAUSE OF ACTION: RACIAL DISCRIMINATION
UNDER TITLE VII
NINETY-EIGHTH:

Plaintiff repeats and realleges the allegations contained in

paragraphs FIRST through NINETY-SEVENTH with the same force and effect as if
same were set forth at length herein.
NINETY-NINTH:

Plaintiff is a member of a protected class.

ONE HUNDREDTH: Plaintiff was qualified for her position.
ONE HUNDRED FIRST:

Plaintiff was subjected to adverse employment

actions.
ONE HUNDRED SECOND: The adverse employment actions Plaintiff was
subjected to came about under circumstances that give rise to an inference of
discrimination.
ONE HUNDRED THIRD:

Plaintiff sustained damages as a result of the

adverse actions she was subjected to.
AND AS FOR A SECOND CAUSE OF ACTION: GENDER DISCRIMINATION
UNDER TITLE VII
ONE HUNDRED FOURTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through ONE HUNDRED THIRD with the same force
and effect as if same were set forth at length herein.
ONE HUNDRED FIFTH:

Plaintiff is a member of a protected class.

ONE HUNDRED SIXTH:

Plaintiff was qualified for her position.

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ONE HUNDRED SEVENTH:

Plaintiff

was

subjected

to

adverse

employment actions.
ONE HUNDRED EIGHTH: The adverse employment actions Plaintiff was
subjected to came about under circumstances that give rise to an inference of
discrimination.
ONE HUNDRED NINTH:

Plaintiff sustained damages as a result of the

adverse actions she was subjected to.
AND AS FOR A THIRD CAUSE OF ACTION: HOSTILE WORK
ENVIRONMENT UNDER TITLE VII
ONE HUNDRED TENTH:

Plaintiff repeats and realleges the allegations

contained in paragraphs FIRST through ONE HUNDRED NINTH with the same force
and effect as if same were set forth at length herein.
ONE HUNDRED ELEVENTH:

Plaintiffs workplace was permeated with

discriminatory intimidation, ridicule and insult.
ONE HUNDRED TWEL TH: The discriminatory intimidation was sufficiently
severe and pervasive that it altered the terms and conditions of Plaintiffs employment.
ONE HUNDRED THIRTEENTH:

Plaintiff sustained damages as a result of the

harassment she was subjected to.
AS AND FOR A FOURTH CAUSE OF ACTION: RETALIATION UNDER
TITLE VII
ONE HUNDRED FOURTEENTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through ONE HUNDRED THIRTEENTH with the same
force and effect as if same were set forth at length herein.
ONE HUNDRED FIFTEENTH:

Plaintiff was engaged in protected activity.

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ONE HUNDRED SIXTEENTH:

Defendants were aware that Plaintiff was

engaged in protected activity.
ONE HUNDRED SEVENTEENTH: Plaintiff

suffered

adverse

employment

actions.
ONE HUNDRED EIGHTEENTH:

There is a causal connection between

Plaintiff's protected activity and the adverse employment actions that Plaintiff was
subjected to.
ONE HUNDRED NINETEENTH:

Plaintiff sustained damages as a result of the

adverse employment actions she was subjected to.
AND AS FOR A FIFTH CAUSE OF ACTION: RACIAL DISCRIMINATION
UNDER NYS HRL
(New York State Executive Law Article 15)
ONE HUNDRED TWENTIETH:

Plaintiff repeats and realleges the allegations

contained in paragraphs FIRST through ONE HUNDRED NINETEENTH with the same
force and effect as if same were set forth at length herein.
ONE HUNDRED TWENTY-FIRST:Plaintiff is a member of a protected class.
ONE HUNDRED TWENTY-SECOND:

Plaintiff was

qualified

for

her

position.
ONE HUNDRED TWENTY-THIRD:

Plaintiff was subjected to adverse

employment actions.
ONE HUNDRED TWENTY-FOURTH:

The adverse employment actions

Plaintiff was subjected to came about under circumstances that give rise to an inference
of discrimination.

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ONE HUNDRED TWENTY-FIFTH:

Plaintiff sustained damages as a

result of the adverse actions she was subjected to.
AND AS FOR A SIXTH CAUSE OF ACTION: GENDER DISCRIMINATION
UNDERNYHRL
(New York State Executive Law Article 15)
ONE HUNDRED TWENTY-SIXTH:

Plaintiff repeats and realleges the

allegations contained in paragraphs FIRST through ONE HUNDRED TWENTY-FIFTH
with the same force and effect as if same were set forth at length herein.
ONE HUNDRED TWENTY-SEVENTH:

Plaintiff is a member of a protected

ONE HUNDRED TWENTY-EIGHTH:

Plaintiff was

class.
qualified

for

her

position.
ONE HUNDRED TWENTY-NINTH:

Plaintiff was subjected to adverse

employment actions.
ONE HUNDRED THIRTIETH:

The adverse employment actions Plaintiff

was subjected to came about under circumstances that give rise to an inference of
discrimination.
ONE HUNDRED THIRTY-FIRST: Plaintiff sustained damages as a result of the
adverse actions she was subjected to.
AND AS FOR A SEVENTH CAUSE OF ACTION: HOSTILE WORK
ENVIRONMENT UNDER NYHRL
(New York State Executive Law Article 15)
ONE HUNDRED THIRTY-SECOND:

Plaintiff repeats and realleges the

allegations contained in paragraphs FIRST through ONE HUNDRED THIRTY-FIRST
with the same force and effect as if same were set forth at length herein.

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ONE HUNDRED THIRTY-11-IIRD: Plaintiff's workplace was permeated with
discriminatory intimidation, ridicule and insult.
ONE HUNDRED THIRTY-FOURTH:

The discriminatory intimidation was

sufficiently severe and pervasive that it altered the terms and conditions of Plaintiffs
employment.
ONE HUNDRED THIRTY-FIFTH: Plaintiff sustained damages as a result of the
sexual harassment she was subjected to.
AND AS FOR AN EIGHTH CAUSE OF ACTION: RETALIATION UNDER
NYHRL
(New York State Executive Law Article 15)
ONE HUNDRED THIRTY-SIXTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through Ol\1E HUNDRED THIRTY-FIFTH with the
same force and effect as if same were set forth at length herein.
ONE HUNDRED THIRTY-SEVENTH:

Plaintiff was engaged in a protected

activity.
ONE HUNDRED THIRTY-EIGHTH:

Defendants were aware that Plaintiff

was engaged in a protected activity.
ONE HUNDRED THIRTY-NINTH: Plaintiff

suffered

adverse

employment

actions.
ONE HUNDRED FOURTIETH:

There is a casual connection between

Plaintiffs protected activity and the adverse employment actions Plaintiff was subjected
to.
ONE HUNDRED FORTY-FIRST:

Plaintiff sustained damages as a result of the

adverse employment actions she was subjected to.

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AS AND FOR A NINTH CAUSE OF ACTION: RACIAL DISCRIMINATION
UNDER NYCHRL
(New York City Administrative Code Title 8)
ONE HUNDRED FORTY-SECOND:

Plaintiff repeats and realleges the

allegations contained in paragraphs FIRST through ONE HUNDRED FORTY-FIRST
with the same force and effect as if same were set forth at length herein.
ONE HUNDRED FORTY-THIRD: Plaintiff is a member of a protected class.
ONE HUNDRED FORTY-FOURTH:

Plaintiff was

qualified

for

her

position.
ONE HUNDRED FORTY-FIFTH:

As stated above, Plaintiff was subjected to

adverse employment actions.
ONE HUNDRED FORTY-SIXTH: The adverse actions Plaintiff was subjected
to came about under circumstances that give rise to an inference of discrimination.
ONE HUNDRED FORTY-SEVENTH:

Plaintiff sustained damages as a

result of the adverse actions she was subjected to.
AND AS FOR A TENTH CAUSE OF ACTION: GENDER DISCRIMINATION
UNDER NYCHRL
(New York City Administrative Code Title 8)
Plaintiff repeats and realleges the

ONE HUNDRED FORTY-EIGHTH:

allegations contained in paragraphs FIRST through ONE I·HJNDRED FORTYSEVENTH with the same force and effect as if same were set forth at length herein.
ONE IHJNDRED FORTY-NINTH: Plaintiff is a member of a protected class.
ONE IHJNDRED FIFTIETH:

Plaintiff was qualified for her position.

ONE IHJNDRED FIFTY-FIRST:

Plaintiff

employment actions.

17

was

subjected

to

adverse

 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 18 of 25

ONE HUNDRED FIFTY-SECOND: The adverse actions Plaintiff was subjected
to came about under circumstances that give rise to an inference of discrimination.
ONE HUNDRED FIFTY-THIRD:

Plaintiff sustained damages as a result of the

adverse actions she was subjected to.
AND AS FOR AN ELEVENTH CAUSE OF ACTION: SEXUAL HARASSMENT
UNDERNYCHRL
(New York City Administrative Code Title 8)
ONE HUNDRED FIFTY-FOURTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through ONE HUNDRED FIFTY-THIRD with the same
force and effect as if same were set forth at length herein.
ONE HUNDRED FIFTY-FIFTH:

Plaintiffs workplace was permeated with

discriminatory intimidation, ridicule and insult.
ONE HUNDRED FIFTY-SIXTH:

As

stated

above,

the

discriminatory

intimidation was sufficiently severe and pervasive that it altered the terms and conditions
of Plaintiffs employment.
ONE HUNDRED FIFTY-SEVENTH:

Plaintiff sustained damages as a

result of the sexual harassment she was subjected to.
AND AS FOR A TWELTH CAUSE OF ACTION: RETALIATION UNDER
NYCHRL
(New York City Administrative Code Title 8)
ONE HUNDRED FIFTY-EIGHTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through ONE HUNDRED FIFTY-SEVENTH with the
same force and effect as if same were set forth at length herein.
ONE HUNDRED FIFTY-NINTH:

Plaintiff was engaged in a protected activity.

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ONE HUNDRED SIXTIE1TI:

Defendants were aware that Plaintiff was

engaged in a protected activity.
ONE HUNDRED SIXTY-FIRST:

Plaintiff

suffered

adverse

employment

actions.
ONE HUNDRED SIXTY-SECOND:There is a casual cormection between
Plaintiff's protected activity and the adverse employment actions Plaintiff was subjected
to.
ONE HUNDRED SIXTY-THIRD:

Plaintiff sustained damages as a result of the

adverse employment actions she was subjected to.
AND AS FOR A THIRTEENTH CAUSE OF ACTION: INDIVIDUAL LIABILITY
UNDER NYHRL FOR ZUCKERMAN
(New York State Executive Law Article 15)
ONE HUNDRED SIXTY-FOURTH:

Plaintiff repeats and realleges the

allegations contained in paragraphs FIRST through ONE HUNDRED SIXTY-TIIIRD
with the same force and effect as if same were set forth at length herein.
ONE HUNDRED SIXTY-FIFTH:

As stated above, Zuckerman aided, abetted,

incited, compelled and/or coerced the above referenced conduct, which is made unlawful
by the NYHRL.
ONE HUNDRED SIXTY-SIXTH:

As stated above, Zuckerman retaliated

and/or discriminated against Plaintiff for her opposition to practices made unlawful by
theNYHRL.
ONE HUNDRED SIXTY-SEVENTH:

Plaintiff has sustained damages as a

result of Zuckerman's aiding, abetting, inciting, compelling and/or coercing the conduct
by Lowenstein that was made unlawful by the NYHRL.

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ONE HUNDRED SIXTY-EIGHTH: Plaintiff has sustained damages as a result of
Zuckerman's discrimination and retaliation for Plaintiff's opposition to practices
forbidden under the NYS HRL.
AND AS FOR A FOURTEENTH CAUSE OF ACTION: INDIVIDUAL
LIABILITY UNDER NYHRL FOR RILEY
(New York State Executive Law Article 15)
ONE HUNDRED SIXTY-NINTH: Plaintiff repeats and realleges the allegations
contained in paragraphs FIRST through ONE HUNDRED SIXTY-EIGHTH with the
same force and effect as if same were set forth at length herein.
ONE HUNDRED SEVENTIETH:

As stated above, Riley aided, abetted,

incited, compelled and!or coerced the above referenced conduct, which is made unlawful
by the NYHRL.
ONE HUNDRED SEVENTY-FIRST:

As stated above, Riley retaliated

and!or discrimillated against Plaintiff for her opposition to practices made unlawful by
theNYHRL
ONE HUNDRED SEVENTY-SECOND:

Plaintiff has sustained damages as a

result of Riley's aiding, abetting, inciting, compelling and!or coercing the conduct by
Lowenstein that was made unlawful by the NYHRL.
ONE HUNDRED SEVENTY-THIRD:

Plaintiff has sustained damages as a

result of Riley's discrimination and retaliation for Plaintiffs opposition to practices
forbidden under the NYHRL.

20

 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 21 of 25

WHEREFORE, Plaintiff demands judgment against Defendants as follows:
1.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the First Cause of Action; and

2.

For an award of compensatory damages in an. amount to be determined by an
enlightened and impartial jury on the First Cause of Action; and

3.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the First Cause of Action; and

4.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Second Cause of Action; and

5.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Second Cause of Action; and

6.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Second Cause of Action; and

7.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Third Cause of Action; and

8.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Third Cause of Action; and

9.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the 'Third Cause of Action; and

10.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Fourth Cause of Action; and

11.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Fourth Cause of Action; and

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 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 22 of 25

12.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Fourth Cause of Action; and

13.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Fifth Cause of Action; and

14.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Fifth Cause of Action; and

15.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Fifth Cause of Action; and

16.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Sixth Cause of Action; and

17.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Sixth Cause of Action; and

18.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Sixth Cause of Action; and

19.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Seventh. Cause of Action; and

20.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Seventh Cause of Action; and

21.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Seventh Cause of Action; and

22.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Eighth Cause of Action; and

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 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 23 of 25

23.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Eighth Cause of Action; and

24.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Eighth Cause of Action; and

25.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Ninth Cause of Action; and

26.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Ninth Cause of Action; and

27.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Ninth Cause of Action; and

28.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Tenth Cause of Action; and

29.

For an award of compensatory damages in an an1ount to be determined by an
enlightened and impartial jury on the Tenth Cause of Action; and

30.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Tenth Cause of Action; and

31.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Eleventh Cause of Action; and

32.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Eleventh. Cause of Action; and

33.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Eleventh Cause of Action; and

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 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 24 of 25

34.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Twelfth Cause of Action; and

35.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Twelfth Cause of Action; and

36.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Twelfth Cause of Action; and

37.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Thirteenth Cause of Action; and

38.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Thirteenth Cause of Action; and

39.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Thirteenth Cause of Action; and

40.

For an award of actual damages in an amount to be determined by an
enlightened and impartial jury on the Fourteenth Cause of Action; and

41.

For an award of compensatory damages in an amount to be determined by an
enlightened and impartial jury on the Fourteenth Cause of Action; and

42.

For an award of emotional damages in an amount to be determined by an
enlightened and impartial jury on the Fourteenth Cause of Action; and

43.

For an award of reasonable attorney's fees and court costs; and

44.

For such other and further relief as the Court may deem just, equitable and
proper.

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 Case 1:08-cv-10622-GEL Document 5 Filed 12/31/08 Page 25 of 25

Dated: Commack, New York
December 29, 2008

Jo 1an Edward Kirchner, of counsel
L w Offices of Albert Adam Breud, PLLC
Attorneys for Plaintiff
356 Veterans Memorial Highway, Suite 8N
Commack, New York 11 725
(631) 543-3030

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