Law Offices of

ELMER ROBERT KEACH, III

A Professional Corporation

One Pine West Plaza, Suite 109 Albany, NY 12205

Telephone: 518.434.1718 Facsimile: 518.770.1558 Electronic Mail: bobkeach@keachlawfirm.com

March 3,2014

By Certified Mail, Return Receipt Requested Ian Silverman, Esquire Corporation Counsel City of Troy 433 River Street Troy, N Y 12180 Re:

The Honorable Cheryl Christiansen City Clerk City of Troy 433 River Street Troy, N Y 12180

Claim of Joseph Glick, Barry Glick and JSG Management Services, L L C

Dear Attorney Silverman and Clerk Christiansen: Enclosed for filing with your respective offices please find the Notice of Claim of Joseph Glick, Barry Glick and JSG Management Services, L L C . I have also enclosed a duplicate copy of this Notice, together with a self-addressed stamped envelope, in my letter to Clerk Christiansen for her to date stamp and return to my office. Thank you for your courtesies in this regard. Should you have any questions or concerns, please do not hesitate to contact me.

Enclosure cc: By Regular Mail Mr. Joseph Glick

In the Matter o f the Claim o f JOSEPH G L I C K . B A R R Y G L I C K and JSG M A N A G E M E N T SERVICES. L L C . -againstT I I E C f f Y OF T R O Y NOTICE OF C L A I M

TO:

C H E R Y L C H R I S T I A N S E N . City Clerk. City o f Troy I A N S I L V E R M A N . Corporation Counsel. City o f Troy PLEASE T A K E N O T I C E that .loseph Glick. Barry Glick. and .ISG Management

Services, L L C . hereby claim from the City o f Troy damages for emotional distress and economic

loss sustained by them by reason o f the intentional and/or negligent acts and omissions o f t

City o f Troy, its agents, servants, or employees, and in support thereof Claimant states a follows: 1. Claimants Joseph Glick and Barry Glick are citizens o f the Town o f Glenville, 12302. Claimant .iS(j Manauement Services.

and reside at 106 Acorn Drive. Scotia. New York

L L C . is a duly incorporated New York Corporation with its principal place o f business being 124 4th Street. Troy. N Y 12180. 2. The name, post office address and telephone number o f Claimants" attorney is: Elmer Robert Keach. I I I . Esquire L A W OFFICES OF E L M E R ROBERT K E A C H . I l l , PC One Pine West Plaza. Suite 109 Albany, New York 12205 518.434.1718 3. Upon information and belieL the facts underlying this claim began on .lanuary

25th, 2014 and continue to the present date.

4.

Upon information and belief, the place where this claim aro.se was Kokopellis,

124 4th Street. Troy, New York. 5. Upon information and belief, the claims o f .Toseph Glick, Barry Glick, ("The

Clicks") and .ISG Management Services. L L C arose in the following manner:

During the evening o f .lanuary 24th and/or the morning o f .lanuary 25th, Kokopellis

hosted a party for individuals celebrating the life o f their recently deceased friend, Darzee Reid Joseph Glick is a co-owner o f Kokopellis along with his father Barry Glick. During the party,

.loseph Glick and his staff smelled marijucxna on the second floor o f their club. In response

.loseph Glick directed his staff to shut down the club and contact the froy Police Department

Incidentally, one o f Kokopellis" staff was assaulted by a patron who tried to push his way onto

the second lloor that was now closed. The 'froy Police Department was called again in respons to this assault. At appro.ximalely 2:45am, numerous froy Police Department Officers stormed into

Kokopellis and brutally assaulted a number o f Kokopellis" patrons. The Troy Police Department

tried to justify their behavior by claiming that the patrons tried to assault police officers who were attempting to maintain order. However, the Clicks, who wanted the public to know what

actually happened in their club, released videotapes o f this incident to various media outlets, fh

video from Kokopellis directly contradicts statements by the froy Police Department about the

events that took place at Kokopellis, and further demonstrated the excessive use o f force b

several Troy Police Officers. Lhe media storm that followed resulted in a strong uprising from

many Troy Community citizens against the Troy Police Department because o f the violence used by officers during the incident. In order to shift the blame for their outrageous conduct, the Tro

Police Department, including Chief fedesco. made a number o f blatantly false comments abou the Clicks and engaged in a campaign o f harassment against the claimants because o f the Clic efforts to inform the public. For instance, on the night o f the incident. Troy Police Sergeant Carillo told .loseph Glick. Barry Glick and other Kokopellis employees, that when he was done with "this bullshit

paperwork. 1 am going to take your liquor license."' Shortly thereafter, and despite the Click's

full compliance with the police department's investigatory efforts, the Clicks were turned into the State Liquor Authority by, upon information and belieL the Troy Police Department. Currently, the Clicks are defending an action by the State Liquor Authority wherein one o f the

possible penalties is revocation o f their license. Additionally, one o f Kokopellis" bartenders wa

recently arrested for serving alcohol to a minor despite that conduct being a ticketable offens and video depicting that minor providing appropriate identitlcation. Since the incident, Troy Police Department officers have parked their cars outside o f

Kokopellis almost every night causing Mr. Glick to lose a tremendous amount o f business. Troy

Police Officers have been stopping and towing cars that park near Kokopellis. including a friend o f Joseph Glick. High ranking froy Officers, including Chief Tedesco and Captain Cooney, in

addition to the Police Benevolent Association President, Bob Fitzgerald, have also made public

and blatantly fal.se statements about Kokopellis. For example, statements have been mad

indicating that the Clicks were responsible for the escalation o f violence becau.se Kokopellis wa

over capacity on the night o f the incident and that patrons were throwing glass bottles from th

bar at police officers. First. Kokopellis" certificate o f occupancy docs not state what the

occupancy limit is and even based on the prior owner's certificate o f occupancy. Kokopellis wa

well under the occupancy limit. Second, the Clicks, who have video recordings from the night

of the incident and who do not permit glass to be distributed in their club, can prove that glas was not provided to his patrons nor were glass bottles thrown at any officer. On .lanuary 28, 2014. several Troy otTicers produced a search warrant to Joseph Click at

Kokopellis. The search warrant strictly limited the .search to video and audio surveillance equipment. Nevertheless. Joseph Glick caught Troy Police Detective Becker on video searchin

through cabinets in the basement o f the establishment. Further, on January 3 1 . 2014. anothe Troy Police Officer attempted to enter Kokopellis without any identification. After being

prohibited entry into the establishment, the officer lifted his shirt revealing his police badge and

stated "is this enough fucking identification for you?" After still being refused entry and refusing

to give his name and badge number, the officer advised Kokopellis staff that he was an undercover 'froy Police OHlcer and would be across the street watching the bar.

These are just a few o f the many incidents o f harassment perpetrated by the Troy Police

Department. As a result o f the harassment, the Clicks have lost thousands o f dollars in revenu

from their establishment and suffered significant emotional distress. Moreover, the Clicks hav

had to close Kokopellis on Sundays and Mondays and close early on Tuesdays because o f th reduction in business.

The harassment perpetrated by the Troy Police Department is ongoing and its effects on

the Clicks and their business are substantial. The Click's injuries were caused solely by th

negligence and/or intentional actions o f the City o f Troy, its agents, servants or employees, who while acting in the course o f their employment, harassed and are trying to destroy a legitimat

business. These actions on the part o f the City o f Troy substantiate a claim for intentional infliction o f emotional distress, negligent infliction o f emotional distress, defamation, libel,

slander, tortious interference with business relations and prima facie tort. These claims are i addition to the obvious violation o f M r . Click's rights under the New York State Constitution and the United States Constitution.

6.

'fhis notice is made and served on behalf o f Joseph Glick in compliance with the

provisions o f Section 50-e o f the New York General Municipal Law. Y O U W I L L T A K E F U R T H E R NOTICE that claimant demands payment o f the claim,

and unless the claim is paid within a reasonable time it is the intention o f Claimant to commenc suit against the City o f Troy and several County officials in the United States District Court.

Dated: February 28, 2014 L A W OFFICES OF E L M E R ROBERT K E A C H , I I I , PC One Pine West Plaza, Suite 109 Albany, New York 12205 Telephone: 518.434.1718 Telecopier: 518.770.1558 Electronic M a i l : bobkeach@keachlawfirm.com

A T T O R N E Y FOR C L A I M A N T S JOSEPH G L I C K , B A R R Y G L I C K , and JSG MANAGEMENT S E R V I C E S , L L C

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