INDEX NO. 950648/2020

FILED: NEW YORK COUNTY CLERK 09/09/2020 11:59 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

SUPREME

COURT

COUNTY

OF NEW

OF NEW

STATE

OF THE

YORK

YORK

--------------------------------------------------------------------X

Index

ANTHONY

Date

RAPP

and

C.D.,

No.:

/20

Filed:

/20

SUMMONS

Plaintiffs,
-against-

York

New

designates

Plaintiffs

as the

County

of

place

trial.

KEVIN

FOWLER

SPACEY

a/k/a

KEVIN

SPACEY,
of

Basis

of

giving
_____-..

TO

of

your

acts

or omissions

rise

to claim

occurred.

DEFENDANT:

SUMMONED

ARE

HEREBY

answer,

or, if the
plaintiffs'

on

appearance,
exclusive

the

of the

day

of

or answer,

complaint

(or

to you

judgment

is not

within

within

will

to answer

within

attorneys

service

delivered

personally

appear

NAMED

ABOVE

YOU

not

the

__________________-______________________________....-X

THE

copy

503(a)

a substantial

in which

County
part

Defendant.

CPLR

Venue:

30
the

be taken

the

in this

complaint

served

with

this

summons,

20 days

after

the

service

the

service

days

State

after

New

of

you

against

default

for

this

in case
the

and

to serve
of

is complete

and

York);

by

action

relief

a notice

your

New

York,

September

New

demanded

to
in the

York

8, 2020

Yours

etc.,

BLOOM,
CONASON,
RUBINOWITZ,
STEIGMAN
MACKAUF
&
HERSHENHORN,

GAIR,

GAIR,

for

Attorne

PÈTER

J. SA

80

Street,

Pine

New
(212)

York,

New

943-1090

TO:

KEVIN
622

Ponte

Baltimore,

SPACEY
Villas
Maryland

FOWLER
North

a/k/a

KEVIN

SPACEY

#1
21230

1 of 12

iffs

Plai

4th

FlOOr

York

10005

of

summons

failure

complaint.

Dated:

a

summous,
if this

of

to serve

is

 INDEX NO. 950648/2020

FILED: NEW YORK COUNTY CLERK 09/09/2020 11:59 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

SUPREME

COURT

COUNTY

OF NEW

OF NEW

STATE

OF THE

YORK

YORK

__________

-----------------X

ANTHONY

RAPP

and

C.D.,
Index

No.

Plaintiffs,
-against-

KEVIN

FOWLER

SPACEY

COMPLAINT

VERIFIED

KEVIN

a/k/a

SPACEY,

Defendant.
---------·--------------X

Plaintiffs,

CONASON,

GAIR,

RUBlNOWITZ,

show

respectfully

of

complaining

to this

Court

AS

BLOOM,

and

AND

FOR

KEVIN

information

Upon

SPACEY

has

A FIRST

CAUSE

that

belief,

also

and

through

their

attorneys,

GAIR,

& MACKAUF,

STEIGMAN

HERSHENHORN,

OF ANTHONY

and

FOWLER,

by

as follows:

allege

ON BEHALF
1.

defendant,

been

OF ACTION

RAPP

at all

times

as KEVIN

known

- ASSAULT

herein

defendant,

mentioned,

SPACEY

(hereinafter

"KEVIN

SPACEY").

2.

KEVIN

Upon

under

was

SPACEY,
That

3.

the

4.

Broadway

age

of

In

information

and

an actor

at all

times

and

that

belief,

acting

herein

at all

times

herein

mentioned,

defendant,

teacher.

mentioned,

plaintiff,

ANTHONY

RAPP,

was

18 years.

1986,

approximately

in Precious

Sons,

met

ANTHONY

plaintiff,

defendant,

KEVIN

2 of 12

SPACEY.

RAPP,

while

performing

on

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

5.

at his

party

home

6.

Plaintiff,

7,

While

and

intentionally
advãñce

lifted

with

Manhattan

of

side

through

that

and

invited

attended

the

for

his

was

SPACEY,

ANTHONY

plaintiff,

the

a

having
age

RAPP,

14,

11.

injuries,

anguish,

some

but

RAPP,

will

obligated

become

the

and

all

of

has

the

the

forced

to expend

sums

buttocks,

to his

SPACEY,

to become

RAPP,

about

to occur.

forced

to extricate

himself

and,

apartment.

plaintiff

bathroom,

left

to persuade

ANTHONY

emotional

severe

KEVIN

and

plaintiff

went

for

to stay

the

but

apartment.

plaintiff,

system;

damage

as a result

of

a permañêñt

money

3 of 12

from

for

the

and

duties

medical

susta

RAPP,

humiliation,

distress,

nervous

to abstaiñ

of

was

tried

SPACEY,

are

was

plaintiff

in the

foregoing,

injuries

sexual

RAPP's,

ANTHONY

plaintiff,

of defendant's

defendant's

shock

in an unwanted

defeñdañt,

contact

conduct,

minutes

to,

buttocks,

bodily

psychological

these

been

caused

KEVIN

limited

a severe

emotional

ANTHONY

of

not

anxiety;

or

left

quickly

defendant

SPACEY,

ANTHONY

plaintiff,

and

bathroom

a few

engaged

body

forgoing

the

consent

infant

offensive

defendant,

By reason

and

belief,

into

spending

and

including

depression

intentionally
and/or

KEVIN

home.

body.

plaintiff's

of the

ran

when

refused

plaintiff

a result

After

apartment

acts,

then

at defendant's

party

of defendant,

plaintiff's

plaintiff's

on

a harmful

safety,

10.

laid

home

grabbed

to touching

As

9.

and

old

and

at the

without

and

and

RAPP,

was

voluntarily

words

apprehensive

fearing

plaintiff

Prior

his

ANTHONY

a bed

8.

and

east

a 14 year

onto

him

mental

the

on

KEVIN

defendant,

1986,

party.

to the

of

in approximately

Thereafter,

and

has

fright,

been

thereof,

caused

and,

lasting

nature;

of his

vocation,

expenses.

ed psychological

upon

and

and

anger,

to suffer

information

plaintiff,

has

and/or

door

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

12.

That

That

13.

that

would

14.

from

exempt

of

the

defendant

foregoing,

to plaintiff

is liable

for

punitive

and

limits

of

all

lower

cause

of

action

damages.

exemplary

courts

reason

by

in CPLR

the

of

amount

damages

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

operation

the

1602,

CPLR

of

but

including

not

sought

1601

to CPLR

1603

reason

of one

by

to CPLR

limited

the jurisdictional

exceeds

that

the

foregoing
of

or more

(proof

1602(5)

of

exemptions

the

and

intent)

is

provided

1602(7)

(recklessness).

AS AND

A SECOND

FOR

ON BEHALF
15.

Plaintiff

those

paragraphs

effect

as if

set

SPACEY,

without

plaintiff's

17.

against

that

such

person

18.

injuries,

depression

such

prohibited

who

such

was

less

By reason

including
and

but

anxiety;

not

person

the

limited

a severe

and

allegation

every

with

inclusive,

the

contained

in

force

and

same

was

eighteen

of

time

years

of

the

severe

to his

14 year

eighteen

buttocks

and

an offensive

old

plaintiff's

one

hundred

years

which

conduct

ANTHONY

RAPP,

act,

defendant,

of

body
contact.

bodily

the

buttocks,

thirty

of

the

penal

age,

or a predecessor

was

committed

against

age.

emotional

nervous

4 of 12

RAPP's

in article

than

plaintiff,

foregoing,

shock

less

mentioned,

to suffer

then

as defined

at the

to,

plaintiff

the

touching

who

herein

times

ANTHONY

so caused

offense

conduct

of

"14"

at all

plaintiff

in doing

things,

than

each

through

that

belief,

touched

a sexual

coñstituted

committed

statute

and

other

among

- BATTER_Y

herein.

information

and

OF ACTION

RAPP

realleges

"1"

marked

at length

consent

abuse

aforesaid

forth

and

reiterates,

intentionally

In,

OF ANTHONY

complaint

this

Upon

KEVIN

law,

of

fully

16.

repeats,

CAUSE

distress,

system;

sustained

humiliation,

and

has

been

fright,

caused

psychological

anger,

to suffer

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

mental

and

emotional

anguish,

some

belief,

or

ANTHONY

RAPP,

will

obligated

become

19.

of

injuries

these

been

to expend

reason

by

are

sums

the

of

of

a permanent

to abstain

forced

as a result

damag

of

from

and

the

for

money

duties

upon

and,

lasting

nature;

his

vocation,

of

medical

information

and

plaintiff,

and

has

and/or

expenses,

is liable

defendant

foregoing,

thereof,

to plaintiff

for

punitive

and

jurisdictional

limits

of

all

lower

cause

of

action

damages.

exemplary
20.

courts

all

has

That

psychological

and

that

from

in CPLR

amount

of

damages

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

would

21.

exempt

the

That

the

1602,

of CPLR

operation

but

including

not

sought

the

1603

that

the

or

more

to CPLR

1601

reason

by

to CPLR

limited

exceeds

of

one

(proof

1602(5)

foregoing

of

of

the

exemptions

and

intent)

is

provided

1602(7)

(recklessness).

AS AND

A THIRD

FOR

ON BEHALF
INTENTIONAL

The

22.

in those

and

paragraphs

as if

effect

fully

SPACEY's

and

shocking

Upon

SPACEY,

consequences

set

information

conduct

that

and

toward

that

acted

might

recklessly

that

belief,

realleges

DISTRESS

each
"21"

through

belief,

toward

at all

times

ANTHONY

plaintiff,

and

RAPP

and

allegation

every

with

inclusive,

the

contained

same

force

herein.

it exceeded

information

"1"

marked

at length

forth

and

reiterates,

complaint

OF ACTION

OF EMOTIONAL

INFLICTION

repeats,

this

outrageous

24.

KEVIN

of

Upon

23.

KEVIN

plaintiff

CAUSE

OF ANTHONY

all

reasonable

that

the

follow.

5 of 12

at all

then

herein

times

minor

who

RAPP,

bounds

of

herein

plaintiff

mentioned,

was

defendant,

a minor,

was

so

decency.

mentioned,

and

with

defendant,

utter

disregard

of

the

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

25.

injuries,

mental

and

That

limited

of

shock

are

injuries

forced

reason

of

of

system;

damage

as a result

a permanent

from

the

of

the

defendant

foregoing,

fright,

has

caused

been

thereof,

of

his

anger,

to suffer

information

upon

and,

and

nature;

lasting

duties

medical

for

money

humiliation,

and

and

psychological

sustained

RAPP,

distress,

nervous

to abstain

sums

to expend

by

to his

psychological

these

been

emotional

severe

to,

ANTHONY

plaintiff,

plaintiff,

and

vocation,

has

and/or

expenses.

for

punitive

and

jurisdictional

limits

of

all

lower

the

cause

of

action

is liable

to plaintiff

damages.

exemplary
27.

That

that

courts

foregoing,

and

has

obligated

26.

the

a severe

or all

RAPP,

become

not

emotional

some

belief,

of

anxiety;

anguish,

ANTHONY
will

but

including

depression

and

reason

By

would

28.

exempt

from

in CPLR

the

of

amount

damages

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

the

1602,

operation

of

but

including

CPLR

1601

to CPLR

by

1603

reason

to CPLR

limited

not

exceeds

sought

one

of

1602(5)

the

that

foregoing

or more

(proof

of

of

the

exemptions

and

intent)

is

provided

1602(7)

(recklessness).

AS AND

FOR

A FOURTH

ON BEHALF
29.

in those

and

The

paragraphs

effect

30.

as if fully

That

plaintiff

of

repeats,

this

set

at all

complaint

forth

times

at length

herein

OF C.D.
and

reiterates,

marked

CAUSE

"1"

OF ACTION

- ASSAULT

realleges

through

each
"28"

and

inclusive,

contained

allegation

every

with

the

same

force

herein.

mentioned,

18 years.

6 of 12

plaintiff,

C.D.,

was

a minor

under

the

age

of

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

In

31.

KEVIN

defendant,

York.

then

at the

plaintiff,

33.

The

plaintiff,

engaged

years

including,

but

not

limited

SPACEY

and

oral

sex.

34.

occasions

The

with

35.

attempted

C.D.,

resisted

final

to anally
and

to anally

said

sodomize

with

the

met

old,

New

County,

class.

14 years

York

the

infant

City,

plaintiff

old,

SPACEY

and

plaintiff

the

infant

plaintiff,

C.D.,

plaintiff

was

the

plaintiff,

times,

SPACEY's

the

invited

C.D.,

but

the

despite

plaintiff

while

the

then

was

plaintiff's

acts

a minor.

on

on

for

The

different

the

first

plaintiff,

continued

SPACEY,

verbal

14

old.

SPACEY,

KEVIN

was

intercourse

14 years

KEVIN

defendant,

plaintiff

in sexual

approximately

who

the

anal

to engage

defendant,

where

apartment

perforûiing

continued

encounter,

multiple

KEVIN
the

SPACEY,

sexual

the

in New

acts

while

sodomize
"No"

in Westchester

class

in

12 years

approximately

approximately

to defendant

to,

C.D.,

the

was

SPACEY,

KEVIN

plaintiff,

During

time,

attempt

the

student

C.D.,

in sexual

defendant,

an acting

an acting

went

C.D.,

SPACEY

defendant

was

apartment.

to his

C.D.,

who

C.D.,

teaching

plaintiff,

defendant

old,

was

KEVIN

defendant,

minor

plaintiff,

was

time

when

Thereafter,

to meet

happcñed

who

SPACEY,

C.D.

Plaintiff,

32.

1981,

approximately

and

to

physical

resistance.

The

36.

and

fled

the

37.

infant

defendant's

Prior

to

defendant,

KEVIN

to become

apprehensive

plaintiff

was

to free

able

himself

from

KEVIN

defendant,

SPACEY,

apartment.

intentionally

SPACEY,

that

through

a harmful

and

voluntarily

his

words

and/or

7 of 12

attempting
and

offensive

acts,

to anally

intentionally

bodily

contact

sodomize

caused

was

the

about

the

plaintiff,

plaintiff,

to occur.

C.D.,

 INDEX NO. 950648/2020

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38.

but

iñcInding

suffer

mental

information

become

obligated

been

forced

sums

reason

by

of

of

these

are

injuries

the

from

for

money

the

internal

certain

damage

of

his

injuries,

depression

anger,

and

injuries;

has

thereof,

a permanent

of

duties

fright,

as a result

of

and

been

caused

and,

upon

to

and

nature;

lasting
and

vocation,

and

will

has

and/or

for

punitive

and

limits

of

all

lower

cause

of

action

expenses.

medical

defendant

foregaing,

psychological

humiliation,

psychological

abstain

to

sustained

C.D.,

distress,

system;

and

or all

to expend

That

39.

some

belief,

has

C.D.,

to plaintiff

is liable

damages.

exemplary
40.

courts

emotional

anguish,

plaintiff,

emotional

nervous

to his

plaintiff,

foregoing,

severe

to,

shock

and

of the

limited

not

a severe

anxiety;

reason

By

That

that

exempt

from

in CPLR

amount

of

damages

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

would

41.

the

the

operation

1602,

of

but

including

CPLR
not

sought

to CPLR

1601

by

1603

of

reason

to CPLR

limited

the jurisdictional

exceeds

that

one

the

or more

(proof

1602(5)

foregoing
of

of

the

exemptions

and

intent)

is

provided

1602(7)

(recklessness).

AS AND

A

FOR

ON BEHALF
42.

in those

and

The

as if

43.

sodomize

old,

and

of

paragraphs

effect

KEVIN

plaintiff

fully
Upon

SPACEY,

plaintiff,

in doing

repeats,

this

set

complaint

forth

at length

information

C.D.,

so caused

and

and

intentionally
without

plaintiff

"1"

marked

- BATTERY

OF C.D.
and

reiterates,

OF ACTION

CAUSE

FIFTH

realleges

each
"41"

through

and

allegation

every

with

inclusive,

the

contained

same

force

herein.

belief,

that

to suffer

times

engaged

vnh=*arily

plaintiff's

at all

consent,

while

an offensive

8 of 12

herein

in sexual

plaintiff

bodily

mentioned,

acts

was

contact.

and

defendant,

attempted

approximately

to

14 years

 INDEX NO. 950648/2020

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

44.

article

one

eighteen

which

The

hundred

years

was

coñduct

but

including

age,

suffer

mental

information

committed

reason

not

limited

to his

has

C.D.,

become

obligated

46.

some

been

or all

That

reason

by

of

the

was

sustained

are

of

who

at the

and

defendant

is liable

and

caused

and/or

has

to

upon

and

nature;

lasting

to plaintiff

act,

depression

and,

and

vocation,

the

of age.

been

has

thereof,

a permanent

of

injuries,

anger,

and

injuries;

expenses.

years

in

than

less

time

psychological

fright,

his

as defined

was

eighteen

as a result

of

duties

offense

conduct

than

medical

for

foregoing,

person

internal

injuries

money

such

less

damap

the

a sexual

humiliation,

psychological

from

and

such

C.D.,

certain

system;

to abstain

of

who

distress,

of these

sums

to expend

prohibited

plaintiff,

emotional

and

forced

that

against

person

foregoing,

emotional

belief,

such

nervous

rape

committed

statute

severe

to,

anguish,

plaintiff,

the

attempted

law,

against

of

shock

and

penal

or a predecessor

By

a severe

anxiety;

constituted

abuse

of the

thirty

of

45.

will

for

punitive

and

limits

of

all

lower

cause

of

action

damages.

exemplary
47.

courts

aforesaid

That

that

exempt

from

in CPLR

1602,

of damages

amount

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

would

48.

the

the

operation

of

but

including

CPLR
not

1601

limited

sought

exceeds

to CPLR

by

reason

to CPLR

1603

of

one

the jurisdictional

that

the

of

or more

(proof

1602(5)

foregoing

of

the

exemptions

and

intent)

is

provided

1602(7)

(recklessness).

AS AND

FOR

A SIXTH

ON BEHALF
INTENTIONAL
49.

The

plaintiff

repeats,

INFLICTION

reiterates,

9 of 12

and

CAUSE
OF C.D.

OF ACTION
-

OF EMOTIONAL
realleges

each

and

DISTRESS

every

allegation

contaWd

 INDEX NO. 950648/2020

FILED: NEW YORK COUNTY CLERK 09/09/2020 11:59 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

in those

and

paragraphs

effect

Upon

KEVIN

in

it exceeded

KEVIN

that

might

follow.

52.

By

reason

of

the

to,

severe

but

including

mental

information

and

become

obligated

53.

been

forced

to expend

That

by

reason

of

of

of

the

force

from

the

for

money

internal

damage

injuries

these

sustained

are

medical

a permanent

of

duties

disregard

thereof,

depression

the

and

been

caused

and,

upon

to

and

nature;

lasting
and

vocation,

of

injuries,

has

and

that

has

and/or

for

punitive

and

limits

of

all

lower

cause

of

action

will

expenses.

defendant

foregoing,

his

utter

anger,

and

injuries;

as a result

of

outrageous

psychological

fright,

acts

defendant,

with

and

in sexual

and

mentioned,

humiliation,

certain

defendant,

so shocking

plaintiff

C.D.,

psychological

to abstain

sums

same

in engaging

herein

times

distress,

mentioned,

a minor,

was

minor

plaintiff,

system;

and

or all

the

is liable

to plaintiff

damages.

exemplary
54.

that

55.

exempt

some

at all

then

the

was

plaintiff,

that

emotional

nervous

to his

belief,

has

C.D.,

belief,

foregoing,

emotional

anguish,

plaintiff,

courts

shock

a severe

anxiety;

suffer

limited

not

and

toward

consequences

with

inclusive,

herein

times

who

minor

then

decency.

recklessly

at all

C.D.,

of

bounds

acted

SPACEY,

the

information

Upon

that

belief,

plaintiff,

to sodomize

reasonable

51.

toward

"48"

through

herein.

and

conduct

attempting

all

at length

forth

"1"

marked

information

SPACEY's

and

complaint

this

set

as if fully

50.

with

of

from

That

would

the

amount

of

otherwise

have

jurisdiction.

It is hereby

alleged

pursuant

the

operation

of

sought

damages

CPLR

1601

to CPLR

by

reason

10 of 12

exceeds

1603

of

one

the jurisdictional

that

the

or more

foregoing

of

the

exemptions

provided

is

 INDEX NO. 950648/2020

FILED: NEW YORK COUNTY CLERK 09/09/2020 11:59 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

in CPLR

1602,

but

including

not

to CPLR

limited

(proof

1602(5)

of

intent)

and

1602(7)

(recklessness).

the

plaintiffs

and

sixth

causes

costs,

and

WHEREFORE,
third,

with

Dated:

fourth,

the

fifth,

interest,

New

York,

September

demand

judgment

action

of

for

cou,gonantory

pursuant

disbursements

against

the

defendant

and

punitive

causes

to the

of

action

in the

damages,

first,

together

herein.

NY
8, 2020
Yours

etc.,

GAIR,

CONASON,

BLOOM,
RUBINOWITZ,
STEIGMAN
& MACKAUF

GAIR,

HERSHENHORN,
for

Attorneys

P

TER

J.

80

Pine

Stre

New
(212)

York,

A
,

New

943-1090

11 of 12

Plaintiffs

IR
34th

Floor

York

10005

second,

 INDEX NO. 950648/2020

FILED: NEW YORK COUNTY CLERK 09/09/2020 11:59 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/09/2020

OF NEW

STATE

YORK

)
ss.:

)

COUNTY

OF NEW

ANTHONY

RAPP,

I am one

COMPLAINT

believe

and

matters

as to the

of

them

YORK
duly

being
the

the

deposes

sworn,

in the

plaintiffs

know

therein

)

contents

stated

and

within

I have

action;

that

thereof;

to be alleged

says:

on

the

information

otary

to before
of

me this

September

2020

ublic

IIIONIApoltE
NDINIYPUBUC,StateofNewink
No.01M06012017
Ovalified in Suffolk Couldy
CommissionExpiresAugust 17,20

12 of 12

the

is true

and

to be true.

ANTHO

Sworn
8th
day

same

read

PP

to my

belief,

VERIFIED

foregoing

and

own

knowledge,

as to those

except

matters,

I