S O " N E D O N 1 0 1 I " " ' - - - - - - - - - ' - - _ ••• _.

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SUPREME COURT OF THE STATE OF NEW YORK Index No:
COUNTY OF NEW YORK Date Purchased:
--------------------------------------------------------------------X SUMMONS "
FALLYN RODRIGUEZ, Plaintiff designates " I

New York County 11·10082J

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 Plaintiff's 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

ADAM H. MOSER, ESQ.

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

Defendant's Address:
1 Centre Street
NewYork, N.Y. 10007 FILED
JAN 21 2011
, NEW YORK
CXIUNIVCLERK'S OFFICE

--_. __ ... _--------- - - -.... -~--

 I

'..,.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
-----------------------------------------------------------------------}{
FALYNN RODRIGUEZ,
.'
Plaintiff, .. .
,

Verified Complahlt ,:.:

-against- -: . .4 ' .. * •

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 17,2008 the plaintiff was arrested and charged with the crime of

Prostitution, a class B misdemeanor in violation of Section 230.00 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 of New York and LouJAlfltr 'fV1ffl11

charged with various crimes. NEW YORK

OOUNTYCLERK'S 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

Attorney's Office continued to prosecute the case after the arrest.

9. The New York County District Attorney's Office did not have reasonable grounds to

support the theory of Prostitution against the plaintiff.

10. The New York County District Attorney's 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 of prostitution and testify on behalfof the District Attorney's 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

D.A.'s office in the trial of Lou Posner, would the charges be reduced to a non-criminal

violation.

13. The actions of the District Attorney's Office were an abuse ofthe legal process.

Upon information and belief, the plaintiff was arrested and charged with the crime of prostitution

so the District Attorney's Office could use leverage against the plaintiff believing that she would

assist the New York City Police Department and the District Attorney's Office in the prosecution

of Lou Posner in exchange fora reduced plea.

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

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...
 .....,.: ~

'.

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 plaintiff's 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 of reputation

and credit, mental suffering.

19. That defendant committed the tort of malicious prosecution by commencing and

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

purpose and without reasonable or probable cause.

20. Based on the foregoing, plaintiff has suffered damages in the sum of $5.000,000.00.

21. That no previous request for reliefhas been sought herein.

WHEREFORE, plaintiff demands judgment against the defendant in the sum of

$5,000,000.00, 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 ) S.s.:

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

. <, frl'\day of )o.~~. . 20lfl

a!IJ~

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 N.Y.C.C.R. 130-1.1

Certification By: ~ IlL, &,

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 9:30 a.m.

Dated: - - - - - ­

ADAM H. MOSER, ESQ.

Attorney for the Plaintiff
11 Clinton Avenue
Rockville Centre, NY 11570
Telephone 516·255-8371
Facsimile 516-766-6121