COUNTY CLERK, BROOME COUNTY Application for INDEX NUMBER pursuant to Section 1555 2 C.P.A. FEE $210.00 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BROOME JAN 16 2015 DAISY B. DAWSON, BROOME COUNTY CLERK Plaintiff, -against? INDEX NUMBER ERICA AMINALEE and RICHARD C. 3 0I DAVID, Defendants. Name and address of LAW OFFICES OF RONALD R. BENJAMIN Attorney of Plaintiff 126 Riverside Drive or Petitioner PO. Box 607 Binghamton, New York 13902-0607 Name and address of Attorney for Defendant UNKNOWN or Respondent Indexed and Entered SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BROOME DAISY B. DAWSON, Plaintiff, ?against- INDEX NUMBER ERICA AMINALEE and RICHARD C. DAVID, Defendants. Indexed and Entered STATE OF NEW YORK SUPREME COURT: COUNTY OF BROOME DAISY B. DAWSON, SUMMONS Plaintiff, Plaintiff designates Broome County as place of trial in that all events complained - against? of herein occurred in the County of Broome. Index No.1 ERICA AMINALEE and RICHARD C. Date Filed: DAVID, Defendants. TO THE ABOVE NAMED YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff?s undersigned attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within thirty (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: January 16, 2015 Binghamton, New York Plaintiff resides at: 206 Afton Lake Road, Afton, New York 13730 Defendant Erica Aminalee resides in the City of Binghamton, County of Broome, State of New York. Defendant Richard C. David has a business address of: City of Binghamton, City Hall, 38 Hawley Street, 4th Floor, Binghamton, New York 13902. Ronald R. Benjamin, Esq. Law Of?ce of Ronald R. Benjamin Attorneyfor Plainti?fDaisy B. Dawson 126 Riverside Drive, PO. Box 607 Binghamton, New York 13902?0607 16 (607) 772?1442 BROOME COUNTY CLERK STATE OF NEW YORK SUPREME COURT: COUNTY OF BROOME snagging; C0901 5 cool 39 COMPLAINT Plaintiff, Index No.: Date Filed: ?againstr ERICA AMINALEE and RICHARD C. DAVID, JAN 1 6 2015 Defendants. BROOME COUNTY CLERK Plaintiff, Daisy B. Dawson, by and through her attorney, the Law Of?ce of Ronald R. Benjamin, as and for her Complaint against defendants, herein alleges as follows: 1. Plaintiff Daisy B. Dawson resides at 206 A?on Lake Road in the Town of Afton, County of Chenango, State of New York. 2. Upon information and belief, defendant Erica Aminalee resides in County of Broome, State of New York. 3. Upon information and belief, defendant Richard C. David has an of?ce located at City Hall, 38 Hawley Street, 4th Floor in the City of Binghamton, County of Broome, State of New York. STATEMENT OF FACTS 4. Plaintiff repeats, reiterates and realleges paragraphs ?1"thr0ugh as if fully set forth herein. 5. That on or about January 1, 2015, at approximately 2:00 plaintiff Daisy B. Dawson was patronizing a local Social on State, celebrating the new year. 6. That the Social on the State is located at 201 State St. in the City of Binghamton, County of Broome, State of New York. 7. That at the aforesaid time and place, defendant Erica Aminalee, came up behind the plaintiff with a glass and struck her in the head in several places causing her signi?cant injuries as are more fully set forth below. 8. That the aforesaid assault and battery occurred without any provocation of the plaintiff. 9. That at all times herein mentioned, defendants Erica Aminalee and Richard C. David resided together and/or have a suf?cient relationship to trigger defendant Richard C. David?s interference as is more fully set forth below. 10. That as a result of the aforesaid assault and battery, plaintiff sustained damage to her head including, but not limited to, severe lacerations requiring stitches, signi?cant pain and suffering, mental anguish and emotional distress. 11. That plaintiff further sustained severe headaches, nightmares, and cognitive de?cits, including but not limited to short-term memory loss, confusion, severe fatigue, clouding of consciousness and blurred vision. 12. Upon information and belief, plaintiff has incurred signi?cant medical expense and may incur such expense in the future. 13. That subsequent to the aforesaid assault and battery, a police investigation was initiated and plaintiff was interviewed by a detective from the Binghamton Police Department. 14. That at all times herein mentioned, the plaintiff was employed as a Sales Representative for WBNG, a local television station. 15. That on or about January 6, 2015, defendant Richard C. David approached the plaintiff?s employer and made false and malicious statements about her activity at or around the time of the assault. 16. Upon information and belief, defendant Richard C. David, who was, and is, the Mayor of the City of Binghamton at the time he approached Greg Catlin, the General Manager of WBNG, and falsely told him that the plaintiff spouting off all night long around the bar. 17. That the aforesaid statement was false and malicious. 18. That defendant Richard C. David sought to use his of?ce as Mayor to employ pressure on plaintiff?s employer to have plaintiff cease-and-desist from cooperating with police in the ongoing criminal investigation involving the assault and battery by defendant Erica Aminalee. 19. That as a result of the aforesaid intervention by defendant Richard C. David, plaintiff was called into a meeting with WBNG personnel, including Greg Catlin, the General Manager over all employees at WBNG, and- Darin DiPiazza, the plaintiffs immediate supervisor. 20. That during the meeting with her bosses, plaintiff was told that by Mr. Caitlin that she represents WBNG, and must be careful about her behavior. 21. That said meeting caused plaintiff great anguish and embarrassment, as she had not engaged in any inappropriate behavior and employed the highest professional standards in representing WBNG. 22. That although she was advised her position was not in jeopardy, the meeting was extremely embarrassing, caused plaintiff emotional distress and placed her in a position where she has serious reservations about her future at WBNG, both with respect to ongoing employment and the likelihood of promotion. AND FOR A FIRST AND SEPARATE CAUSE OF ACTION AQAINST EILIQ ONLY (Assault and Battery) 23. Plaintiff repeats, reiterates and re?alleges paragraphs ?1 through ?22" as if fully set forth herein. 24. That as a result of the unprovoked assault and battery by defendant Erica Aminalee, plaintiff has suffered severe damage to her head, including but not limited to cognitive impairments which conditions are, upon information and belief, permanent in nature, the extent of which cannot now be determined. 25. That as a further result of the aforesaid conduct, plaintiff has suffered emotional distress, mental anguish, nightmares, which, upon information and belief, are permanent in nature, the extent of which cannot now be determined. 26. That at all times herein mentioned, defendant Erica AminaLee?s conduct was willful and malicious. 27. That subsequent to the aforesaid, at approximately, 4:44 a.rn., on January 1, 2015, defendant Erica Aminalee threatened plaintiff with further bodily harm that should would in?ict on the plaintiff by stating, ?You started something tonight that is going to end in a not so pretty way bitch. So watch out. You?ve crossed the wrong path.? 28. That as a result of the aforesaid, plaintiff is entitled to both compensatory and exemplary damages in an amount to be proven at trial. AS AND FOR A SECOND AND SEPARATE CAUSE OF ACTION AGAINST RICHARD C. DAVID, (Tortious Interference With Business Relationship) 29. Plaintiff repeats reiterates and realleges paragraphs ?1 through ?28" as if fully set forth herein. 30. That at all times herein mentioned defendant Richard C. David knew of the contractual relationship between plaintiff and WBNG. 31. That the defendant Richard C. David wrong?illy interfered with such relationship by seeking to use his of?ce as the Mayor of the City of Binghamton to in?uence WBNG, and threatening adverse consequences to the plaintiff in the course of her employment both with respect to its continuation, as well as the possibility of future promotions. 32. That plaintiff sustained signi?cant humiliation by being brought into the meeting with her immediate supervisor and the general manager of the station, and she continues to suffer emotional anguish and mental distress as a result of her fear that her employment may be in jeopardy and the possibilities of promotion severely and adversely impacted. 33. That as a result of the aforesaid conduct, the plaintiff is entitled to compensatory and exemplary damages against defendant Richard C. David. 34. That as a result of the aforesaid, plaintiff Daisy B. Dawson has been damaged in an amount that exceeds the jurisdictional limits of all lower couits which would otherwise have jurisdiction and is entitled to compensatory damages in an amount to be determined at trial. WHEREF ORE, plaintiff Daisy B. Dawson, demands judgment against the defendants as follows: 1. Award plaintiff compensatory and exemplary damages as against defendant Erica Aminalee, in an amount to be proved at trial; 2. Award plaintiff compensatory and exemplary damages as against defendant Richard C. David in an amount to be proven at trial; 3. Award plaintiff such other and further relief as is just and proper under the circumstances, including but not limited to the cost and disbursements of this action. Dated: January 16, 2015 Binghamton, New York Law Of?ce of Ronald R. Benjamin Attorney for Plaintiff Daisy B. Dawson 126 Riverside Drive, PO. Box 607 Binghamton, New York 13902-0607 (607) 772-1442