SONEDON101I---------- -_bullbullbull _

SUPREME COURT OF THE STATE OF NEW YORK Index No COUNTY OF NEW YORK Date Purchased

SUMMONS --------------------------------------------------------------------X FALLYN RODRIGUEZ Plaintiff designates I

New York County 11middot10082J Plaintiff as the place of trial

-against-

TIlE CITY OF NEW YORK

Defendant ------------------------------------------------------------------x

To the above named Defendant

You are hereby summoned to answer the complaint in this action and to serve a copy ofyour answer or if the complaint is not served with this summons to serve a notice of appearance on the Plaintiffs attorneys within twenty (20) days after the service of this summons exclusive of the day of service where service is made by delivery upon you personally within the state or within thirty (30) days after completion of service where service is made in any other manner In case of your failure to appear or answer judgment will be taken against you by default for the relief demanded in the complaint

This is an action for malicious prosecution

Dated Rockville Centre New York January 18 2011

Attorney for Plaintiff 11 Clinton Avenue Rockville Centre NY 11570 (516)255-8371

Defendants Address 1 Centre Street NewYork NY 10007 FILED

JAN 21 2011

NEW YORK CXIUNIVCLERKS OFFICE

ADAM H MOSER ESQ

--____--------- ----~--

I

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

-----------------------------------------------------------------------

FALYNN RODRIGUEZ

-against-

Plaintiff Verified Complahlt

- 4 bull

THE CITY OF NEW YORK Defendant

111008~i -----------------------------------------------------------------------

Plaintiff Falynn Rodriguez by her attorney Adam H Moser Esq complaining of the

defendant alleges as follows

1 At all times hereinafter mentioned the plaintiff is a resident of the County of Suffolk

State ofNew York

2 At all times hereinafter mentioned the defendant is a municipality within the State of

New York and is responsible for the actions ofthe Office ofthe District Attorney in New York

County and the Police Department in New York County

3 A notice of claim was filed in this matter on March 11 20lO

4 On or about July 172008 the plaintiffwas arrested and charged with the crime of

Prostitution a class B misdemeanor in violation of Section 23000 of the Penal Law

5 The plaintiff was arrested and charged with the crime of prostitution for a series of

events which allegedly occurred while she was working at a club in New York City owned by a

person named Lou Posner F I LED 6 Subsequently the club was shut down by the City ofNew York and LouJAlfltr fV1ffl11

charged with various crimes NEW YORK OOUNTYCLERKS OFFICE

7 The New York City Police Department lacked probable cause to arrest the defendant

and charge her with prostitution

8 Despite the fact that the arrest lacked probable cause the New York County District

Attorneys Office continued to prosecute the case after the arrest

9 The New York County District Attorneys Office did not have reasonable grounds to

support the theory ofProstitution against the plaintiff

10 The New York County District Attorneys Office continued their case against the

plaintiffwith an improper purpose The plaintiffhad no prior criminal convictions The criminal

case against the plaintiff was commenced in the Midtown Community Court a Court where

cases are normally resolved without a criminal conviction and with community service and

educational classes

11 Despite the fact that cases in the Midtown Community Court are normally resolved

without criminal convictions the only plea offer made to the plaintiff in this matter was to plead

guilty to the crime ofprostitution and testify on behalfof the District Attorneys Office at a trial

involving a defendant named Lou Posner

12 It was stated by the prosecution that only after the plaintiff testified on behalfofthe

DAs office in the trial ofLou Posner would the charges be reduced to a non-criminal

violation

13 The actions of the District Attorneys Office were an abuse ofthe legal process

Upon information and belief the plaintiff was arrested and charged with the crime ofprostitution

so the District Attorneys Office could use leverage against the plaintiff believing that she would

assist the New York City Police Department and the District Attorneys Office in the prosecution

ofLou Posner in exchange fora reduced plea

14 That the plaintiff refused to plead guilty as she had done absolutely nothing wrong

----- ~~---shy--~~

~

15 That the matter was transferred out of the Midtown Community Court and a non-jury

trial commenced in this matter

16 That on January 22 2010 after The People ofthe State ofNew York rested the

Court granted plaintiffs application to dismiss the criminal charge under index number

2008NY053105

17 That as a result ofthe actions of the defendant the plaintiff suffered damages

including but not limited to an inability to work her loss ofreputation and credit humiliation

and mental suffering loss of time injury to health

18 That the aforementioned criminal case was reported in various newspapers and news

agencies on numerous dates resulting in the plaintiff suffering humiliation a loss ofreputation

and credit mental suffering

19 That defendant committed the tort ofmalicious prosecution by commencing and

continuing a criminal case against the plaintiff The plaintiffwas arrested for an ~proper

purpose and without reasonable or probable cause

20 Based on the foregoing plaintiff has suffered damages in the sum of$500000000

21 That no previous request for reliefhas been sought herein

WHEREFORE plaintiff demands judgment against the defendant in the sum of

$500000000 together with statutory costs disbursements and fees

Dated January 2011 Adam H Moser Esq Attorney for the Plaintiff 11 Clinton Avenue Rockville Centre New York 11570 516-255-8371

I

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

-----------------------------------------------------------------------

FALYNN RODRIGUEZ

-against-

Plaintiff Verified Complahlt

- 4 bull

THE CITY OF NEW YORK Defendant

111008~i -----------------------------------------------------------------------

Plaintiff Falynn Rodriguez by her attorney Adam H Moser Esq complaining of the

defendant alleges as follows

1 At all times hereinafter mentioned the plaintiff is a resident of the County of Suffolk

State ofNew York

2 At all times hereinafter mentioned the defendant is a municipality within the State of

New York and is responsible for the actions ofthe Office ofthe District Attorney in New York

County and the Police Department in New York County

3 A notice of claim was filed in this matter on March 11 20lO

4 On or about July 172008 the plaintiffwas arrested and charged with the crime of

Prostitution a class B misdemeanor in violation of Section 23000 of the Penal Law

5 The plaintiff was arrested and charged with the crime of prostitution for a series of

events which allegedly occurred while she was working at a club in New York City owned by a

person named Lou Posner F I LED 6 Subsequently the club was shut down by the City ofNew York and LouJAlfltr fV1ffl11

charged with various crimes NEW YORK OOUNTYCLERKS OFFICE

7 The New York City Police Department lacked probable cause to arrest the defendant

and charge her with prostitution

8 Despite the fact that the arrest lacked probable cause the New York County District

Attorneys Office continued to prosecute the case after the arrest

9 The New York County District Attorneys Office did not have reasonable grounds to

support the theory ofProstitution against the plaintiff

10 The New York County District Attorneys Office continued their case against the

plaintiffwith an improper purpose The plaintiffhad no prior criminal convictions The criminal

case against the plaintiff was commenced in the Midtown Community Court a Court where

cases are normally resolved without a criminal conviction and with community service and

educational classes

11 Despite the fact that cases in the Midtown Community Court are normally resolved

without criminal convictions the only plea offer made to the plaintiff in this matter was to plead

guilty to the crime ofprostitution and testify on behalfof the District Attorneys Office at a trial

involving a defendant named Lou Posner

12 It was stated by the prosecution that only after the plaintiff testified on behalfofthe

DAs office in the trial ofLou Posner would the charges be reduced to a non-criminal

violation

13 The actions of the District Attorneys Office were an abuse ofthe legal process

Upon information and belief the plaintiff was arrested and charged with the crime ofprostitution

so the District Attorneys Office could use leverage against the plaintiff believing that she would

assist the New York City Police Department and the District Attorneys Office in the prosecution

ofLou Posner in exchange fora reduced plea

14 That the plaintiff refused to plead guilty as she had done absolutely nothing wrong

----- ~~---shy--~~

~

15 That the matter was transferred out of the Midtown Community Court and a non-jury

trial commenced in this matter

16 That on January 22 2010 after The People ofthe State ofNew York rested the

Court granted plaintiffs application to dismiss the criminal charge under index number

2008NY053105

17 That as a result ofthe actions of the defendant the plaintiff suffered damages

including but not limited to an inability to work her loss ofreputation and credit humiliation

and mental suffering loss of time injury to health

18 That the aforementioned criminal case was reported in various newspapers and news

agencies on numerous dates resulting in the plaintiff suffering humiliation a loss ofreputation

and credit mental suffering

19 That defendant committed the tort ofmalicious prosecution by commencing and

continuing a criminal case against the plaintiff The plaintiffwas arrested for an ~proper

purpose and without reasonable or probable cause

20 Based on the foregoing plaintiff has suffered damages in the sum of$500000000

21 That no previous request for reliefhas been sought herein

WHEREFORE plaintiff demands judgment against the defendant in the sum of

$500000000 together with statutory costs disbursements and fees

Dated January 2011 Adam H Moser Esq Attorney for the Plaintiff 11 Clinton Avenue Rockville Centre New York 11570 516-255-8371

and charge her with prostitution

8 Despite the fact that the arrest lacked probable cause the New York County District

Attorneys Office continued to prosecute the case after the arrest

9 The New York County District Attorneys Office did not have reasonable grounds to

support the theory ofProstitution against the plaintiff

10 The New York County District Attorneys Office continued their case against the

plaintiffwith an improper purpose The plaintiffhad no prior criminal convictions The criminal

case against the plaintiff was commenced in the Midtown Community Court a Court where

cases are normally resolved without a criminal conviction and with community service and

educational classes

11 Despite the fact that cases in the Midtown Community Court are normally resolved

without criminal convictions the only plea offer made to the plaintiff in this matter was to plead

guilty to the crime ofprostitution and testify on behalfof the District Attorneys Office at a trial

involving a defendant named Lou Posner

12 It was stated by the prosecution that only after the plaintiff testified on behalfofthe

DAs office in the trial ofLou Posner would the charges be reduced to a non-criminal

violation

13 The actions of the District Attorneys Office were an abuse ofthe legal process

Upon information and belief the plaintiff was arrested and charged with the crime ofprostitution

so the District Attorneys Office could use leverage against the plaintiff believing that she would

assist the New York City Police Department and the District Attorneys Office in the prosecution

ofLou Posner in exchange fora reduced plea

14 That the plaintiff refused to plead guilty as she had done absolutely nothing wrong

----- ~~---shy--~~

~

15 That the matter was transferred out of the Midtown Community Court and a non-jury

trial commenced in this matter

16 That on January 22 2010 after The People ofthe State ofNew York rested the

Court granted plaintiffs application to dismiss the criminal charge under index number

2008NY053105

17 That as a result ofthe actions of the defendant the plaintiff suffered damages

including but not limited to an inability to work her loss ofreputation and credit humiliation

and mental suffering loss of time injury to health

18 That the aforementioned criminal case was reported in various newspapers and news

agencies on numerous dates resulting in the plaintiff suffering humiliation a loss ofreputation

and credit mental suffering

19 That defendant committed the tort ofmalicious prosecution by commencing and

continuing a criminal case against the plaintiff The plaintiffwas arrested for an ~proper

purpose and without reasonable or probable cause

20 Based on the foregoing plaintiff has suffered damages in the sum of$500000000

21 That no previous request for reliefhas been sought herein

WHEREFORE plaintiff demands judgment against the defendant in the sum of

$500000000 together with statutory costs disbursements and fees

Dated January 2011 Adam H Moser Esq Attorney for the Plaintiff 11 Clinton Avenue Rockville Centre New York 11570 516-255-8371

~

15 That the matter was transferred out of the Midtown Community Court and a non-jury

trial commenced in this matter

16 That on January 22 2010 after The People ofthe State ofNew York rested the

Court granted plaintiffs application to dismiss the criminal charge under index number

2008NY053105

17 That as a result ofthe actions of the defendant the plaintiff suffered damages

including but not limited to an inability to work her loss ofreputation and credit humiliation

and mental suffering loss of time injury to health

18 That the aforementioned criminal case was reported in various newspapers and news

agencies on numerous dates resulting in the plaintiff suffering humiliation a loss ofreputation

and credit mental suffering

19 That defendant committed the tort ofmalicious prosecution by commencing and

continuing a criminal case against the plaintiff The plaintiffwas arrested for an ~proper

purpose and without reasonable or probable cause

20 Based on the foregoing plaintiff has suffered damages in the sum of$500000000

21 That no previous request for reliefhas been sought herein

WHEREFORE plaintiff demands judgment against the defendant in the sum of

$500000000 together with statutory costs disbursements and fees

Dated January 2011 Adam H Moser Esq Attorney for the Plaintiff 11 Clinton Avenue Rockville Centre New York 11570 516-255-8371

VERIFICATION

STATE OF NEW YORK )

COUNTY OF NASSAU ) Ss

f()(tyh ~tG-J-t)- being duly sworn deposes and says I am the defendant in the action herein I have read the annexed Complaint know the contents thereof and the same are true to my knowledge except those matters therein which are stated to be alleged on information and belief and as to those matters I believe them to be true

Swam to before me this

lt frlday of )o~~ 20lfl

aIJ~ Notary Public

ADAM H MOSER Notary Public State of New York

No 02M06143990 Qualified in Nassau County I U

Commission Expires April 24 20J-+

~ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

Index No

FALLYN RODRIGUEZ

Plaintiff

-against-

THE CITY OF NEW YORK Defendant

SUMMONS AND COMPLAINT

Pursuant to 22 NYCCR 130-11

Certification By ~ IlL amp NOTICE OF ENTRY

DThat the within is a true copy of a ___--_--------__ duly entered in the office of the clerk of the within named court on the _day of 2011

NOTICE OF SETTLEMENT

IJThat a will be presented to Hon _______ one of the Judges of the Courthouse located at _____--------- on or about the __ day of 2011 at 930 am

Dated ----- shy

ADAM H MOSER ESQ Attorney for the Plaintiff

11 Clinton Avenue Rockville Centre NY 11570

Telephone 516middot255-8371 Facsimile 516-766-6121

~ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

Index No

FALLYN RODRIGUEZ

Plaintiff

-against-

THE CITY OF NEW YORK Defendant

SUMMONS AND COMPLAINT

Pursuant to 22 NYCCR 130-11

Certification By ~ IlL amp NOTICE OF ENTRY

DThat the within is a true copy of a ___--_--------__ duly entered in the office of the clerk of the within named court on the _day of 2011

NOTICE OF SETTLEMENT

IJThat a will be presented to Hon _______ one of the Judges of the Courthouse located at _____--------- on or about the __ day of 2011 at 930 am

Dated ----- shy

ADAM H MOSER ESQ Attorney for the Plaintiff

11 Clinton Avenue Rockville Centre NY 11570

Telephone 516middot255-8371 Facsimile 516-766-6121