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Falynn Rodriguez v. The City of New York - State Supreme Court of New York - Civil Rights Suit

Falynn Rodriguez v. The City of New York - State Supreme Court of New York - Civil Rights Suit

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Falynn Rodriguez, a 26 year old female, who worked as a dancer at the Hot Lap Dance club, is suing The City of New York in the State Supreme Court of New York, for false arrest and malicious prosecution, following the dismissal of her criminal case for prostitution, by her attorney Adam H. Moser, Esq.
Falynn Rodriguez, a 26 year old female, who worked as a dancer at the Hot Lap Dance club, is suing The City of New York in the State Supreme Court of New York, for false arrest and malicious prosecution, following the dismissal of her criminal case for prostitution, by her attorney Adam H. Moser, Esq.

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Published by: Jonathan S. Gould, Esq. on May 09, 2011
Copyright:Attribution Non-commercial

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09/26/2013

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SO"NEDON101I""'---------'-
-_
••
_.
.
"'"
SUPREMECOURT
OF
THE
STATE
OF
NEW YORK
Index
No:COUNTY OF
NEW YORKDate
Purchased:
SUMMONS "
--------------------------------------------------------------------X
FALL
YN
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
of
your answer,
or,
if
the
complaint is not
served
with this
summons,
to
serve
anotice 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
ismade by
delivery
uponyou
personally within
the
state,
or,
within
thirty
(30)
days after completion
of
service
where
service
is
made in any
other
manner.Incase
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,
NewYork
January
18, 2011
Attorney for
Plaintiff
11
Clinton
Avenue
Rockville Centre,
NY 11570(516)255-8371
Defendant's Address:
1
Centre
Street
New
York,
N.Y.
10007
FILED
JAN
21
2011
,
NEW
YORK
CXIUNIVCLERK'S
OFFICE
ADAM H.
MOSER, ESQ.
--_.
__
...
_---------
---
....
- ~ - -
 
'..,.
 
SUPREME
COURT
OF
THE
STATE
OF
NEW YORKCOUNTY
OF
NEWYORK
-----------------------------------------------------------------------}{
FAL
YNN
RODRIGUEZ,
-against-
Plaintiff,
,
.'
..
.
Verified
Complahlt
,:.:
-:
.
.4
' .. *
THECITY 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
theCounty
of
Suffolk,
State
of
NewYork.
2.
At all
times
hereinafter
mentioned,
the
defendant
is
a municipality
within the
State
of
New
York
and
is
responsible for
the
actions
of
theOffice
of
the District
Attorneyin 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
eventswhich
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
NewYorkand
LouJAlfltr
'fV1ffl11
charged
with
various
crimes.
NEW
YORK
OOUNTYCLERK'S
OFFICE
7.
The
New YorkCity
Police Department
lacked
probable cause
to arrest the
defendant
 
.
....
.
,
,
andcharge
her with
prostitution.
8.
Despite
the fact
that
thearrestlacked probablecause,
the New York
County
DistrictAttorney's
Office
continued
to
prosecute
the case after the arrest.
9.
TheNew
York County
District Attorney's
Office did not
have
reasonable grounds tosupport
the
theory
of
Prostitution
against
the
plaintiff.
10.
The
New York County
District Attorney's
Office
continued their
case
against
the
plaintiff
with
an
improper
purpose. The
plaintiff
had
no
prior criminal
convictions.
The
criminalcaseagainst the
plaintiff
was
commenced
in
the Midtown Community Court,
a
Court wherecases
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 resolvedwithout criminal
convictions,
theonly
plea offer
made
to
the
plaintiff
in
this
matter
was
to pleadguilty to the crime
of
prostitution
and
testify
on
behalf
of
the
District Attorney's
Office
at
a
trialinvolving
a
defendant
named
Lou
Posner.
12.
It
was stated
by
the
prosecution,
that
only
after the
plaintiff testified
on
behalf
of
the
D.A.'s
office
in
the
trial
of
Lou
Posner,
would
the charges
be
reduced
to
a
non-criminalviolation.
13.
The
actions
of
the
District Attorney's
Office were
an
abuse
of
the
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 againstthe
plaintiff believing that
she
would
assist
theNew
York
City Police
Department
and
the
District Attorney's
Officein theprosecution
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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