Villarin v Rabbi Haskel Lookstein Middle Sch

lNED ON 611212009

Plaintiff, 09108417 : SUMMONS

-against-

THE RABBI HASKEL LOOKSTEIN : Date Index No, Purchased: MIDDLE SCHOOL alWa THE RAMAZ SCHOOL,

To the above named Defendant: NE& YO&(

THE RABBI HASKEL LOOKSTEIN MIDDLE S C H O O L , ~ % c ~ € R ~ ~ * - * RAMAZ SCHOOL * "

You are hereby summoned to answer the complaint in this action and to serve a copy of your answer on the Plaintiffs 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 Mrill be taken against you by default for the relief demanded in the complaint.

The basis of venue is Defendant's principal office, which is 114 East 85th Street, New York, NY 10028.

Dated: New York, New York June 12,2009

THE BOYD LAW GROUP, PLLC /

Tel: (212) 808-3054 Fax: (212) 808-3020

Supreme Court Records OnLine Library - page 1 of 6

L

JOYCE VILLARIN, : IndexNo:

Plaintiff, : COMPLAINT

-against-

THE RABBI HASKEL LOOKSTEIN : PLAINTIFF DEMANDS A MIDDLE SCHOOL &a THE RAMAZ SCHOOL,

: TRIAL BY JURY

NEWYO K Plaintiff Joyce Villarin (hereinafter, “Plaintiff’ or “Villarin”), by her att&h&m&&&

.. . Law Group, PLLC, and for her complaint against Defendant The Rabbi Haskel Lookstein Middle

School (‘Xamaz’’ or the “School”) alleges as follows:

NATURE OF THE CLAIMS

1. This is a civil action for wrongful termination and retaliation in violation of New

York Social Services Law 413(c) brought by Plaintiff Villarin against Defendant The Rabbi Haskel

Lookstein Middle School a/k/a The Ramaz School, her former employer.

2. The action is brought seeking damages and remedies for the unlawful retaliation and

wrongful termination that Plaintiff was subjected to.

3. Specifically, Defendant subjected Plaintiff to unlawful retaliation by harassing her

and wrongfully terminating her employment because she reported suspected child abuse or

maltreatment to her supervisors and the New York State Central Child Abuse & Maltreatment

Register.

4. Plaintiff’s report was required under and in compliance with her obligations as a

mandatory reporter under the New York Social Services Law.

5 . Plaintiff, as result, seeks an accounting and all applicable damages.

1


THE PARTIES

6. Plaintiff Villarin was a resident of the State of New York at all times relevant to the

allegations in this complaint.

7. Plaintiff current resides and at all times relevant to this case resided at 15 1-35 24" A

venue, Whitestone, NY 11357.

8.

9.

Plaintiff is a trained nurse with years of experience.

Upon information and belief, Defendant The Ramaz School is a prestigious private

coeducational school that was founded in 1937, with approximately 1,100 students enrolled in its L

ower (Nursery - 4* Grade), Middle (Sth Grade - 8* Grade), and Upper (9'h Grade - 12* Grade) Sch

001s combined.

10. Defendant Ramaz's campuses are located at 1 14 East 85* Street, 60 East 78* Street,

and 125 East 85" Street in New York City.

1 1.

York, NY 10028.

Plaintiff was employed at the Middle School, located at 1 14 East 85th Street, New

STATEMENT OF FACTS

12. Plaintiff Villarin began her employment with Ramaz as a Nurse in the Lower

School on February 1,2004.

13. During her tenure, Plaintiff was consistently recognized for her excellent work and

dedication to the students by colleagues and parents alike.

14. As a result, Plaintiff was reappointed on July 24,2007 as a Nurse in the Middle

School for the school year 2007-2008.

15. While serving her duties as the School's Nurse in December 2007, Plaintiff met

with a student who had come to her to seek medical treatment for his injuries.

16.

17.

Plaintiff examined the student's injuries.

The student told Plaintiff that he had been struck in the face by his father in a

deliberate manner,


18, Concerned for the student and mindful of her reporting obligations under the laws

of New York, Plaintiff obtained M e r information about the student’s injuries and the

circumstances in which they occurred, from the student and his father.

19. Based upon the information that she obtained, Plaintiff concluded that the child’s

injuries warranted mandatory reporting to the New York State Central Child Abuse &

Maltreatment Register (the “Register”) for potential abuse andor maltreatment.

20. Plaintiff immediately met with one of the School’s administrators, Rabbi Alan

Berkowitz (“Berkowitz”), to discuss the child’s condition and her intent to report the case to the

Register.

2 1. To Plaintiff’s surprise, however, Berkowitz instructed Plaintiff not to report the

incident, and attempted to discourage her from following through with the student’s case.

22. Plaintiff explained the circumstances surrounding the child’s injuries and

emphasized her obligations as a school nurse to report incidents of suspected abuse or

maltreatment.

23. Berkowitz continued to discourage Plaintiff fiom taking any further action on

behalf of the student.

24. Other administrators at the School also applied pressure on Plaintiff to refrain from

reporting the incident to the Register.

25.

26.

Plaintiff suffered from extreme stress and anxiety as a result.

Notwithstanding such pressure, Plaintiff did what she was required to do under the

law, and reported the incident to the Register.

27. In retaliation for her reporting, Defendant terminated Plaintiffs employment on

June 13,2008.

28. The above-referenced retaliatory acts are a representative sample but not an

exhaustive list of the unlawful actions committed by Defendant.

FIRST CAUSE OF ACTION

3


(Retaliation in Violation of New York Social Services Law Section 0 413)

29.

30.

Plaintiff repeats and realleges the above allegations as if fully set forth herein.

Plaintiff is a person subject to the mandatory reporting obligations under New York

Social Services Law Section 6 4 13 because of her position as a school nurse.

3 1. Defendant subjected Plaintiff to unlawful efforts to prevent her from complying with

her reporting obligations, and ultimately terminated her in retaliation for her report to the Register.

32. As a result, Plaintiff is entitled to relief.

SECOND CAUSE OF ACTION

(Wrongful Termination)

33.

34.

35.

Plaintiff repeats and realleges the above allegations as if fully set forth herein.

Plaintiff was an employee of Defendant.

Defendant terminated Plaintiffs employment in violation of the law, and in violation

of the terms of Plaintiffs employment as agreed upon by the parties.

36. As a result, Plaintiff is entitled to relief.

PRAYER FOR RELIEF

WHEREFORE, while reserving the right to seek additional damages and plead additional

causes of action as available, Plaintiff demands judgment against Defendant as follows:

1)

2)

3)

4)

Reinstatement including reinstatement of all fringe benefits and seniority rights;

Compensation for lost wages and benefits;

Compensation for future wages and benefits;

Compensatory damages for emotional suffering;

5 ) Punitive damages;

6 )

7)

Payment of reasonable costs, disbursements and attorney's fees;

Such other and further relief as this Court deems just and proper.

4


Dated: New York, New York June 12,2009

5

THE BOYD LAW GROUP, PLLC

5 3 0 Park Avenue, Suite 1000 New York, New York 10169 Tel: (212) 808-3054 Fax: (212) 808-3020


Villarin v Rabbi Haskel Lookstein Middle Sch

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