Case 1:16-cv-00281 Document 1-1 Filed 01/20/16 Page 1 of 2 PagelD #: 25 1844 (Rov. 115) CIVIL COVER SHEET Th ti crest end i emai ott Ne et pace ieee ing and svi lating tes ep ein ye, eat i by ocala of oa Tis er cpproved ty he deal Cn ar 1974 requ oe aboot Be Ck of Cou eee aon of itatng tc docks see” Gan MsRUCTONS OM NEXT PAGECF Ta POS we WaNtianrs ABRAM Ranan CUT RIGHT LANDSCAPING & CONSTRUCTION (©) County of Residence of Fist Listed Pninift RICHMOND County of Resience of Fest Listed Defeat _RICHMOND. CEPT US Phan CAs59) (ius. Lanaine cases OND RULANO ConpeNNATION cA IELOCATION OF NOS ESPON EE o " 6 aerate se LAD HEE GE NIGHGERS AHISBER ES” * 60 BAY STREET, PENTHOUSE STATEN ISLAND NY 10801 716-701-8772 Th. BASIS OF JURISDICTION (haar wow comp JHU. CITIZENSHIP OF PRINCIPAL PARTIES (is ay 47h Ow dn fr Powis (or Dy Gen Ooty) ‘nt On Bato ean 1 US. Comment 25 Fete Quon rr Der rr be ta (8 Gouramen Not aParo) cumermissoe 91 1 ammunition ‘D4 Be 04 Dineaty GtionetAsoterSue 2 2 MeapoauandPrace es OS OS re heh of arts de ‘tuna noe Se tiznersutetete 3 3. Fon Noe 96 06 Ae 8 hatin ay 9 segutamat se 8 Mantis rm 0 ssa Regpertnment 8 130 Rese ef Ovpeymen 1 Sto Amit ‘ace i a se dn 2 We Ante Pe ‘Sato osu ttntan V, ORIGIN gies i nono 1 Ql 2 temmton” 3 Remunettoe 9 7 pelo? Beret Tomiie SR. Tetrion 96 pe 25 DEES SAUL S} BRAG) ais 38S Or me rt et a a VL CAUSE oF AcTion eer iSiraGten 6 ahtors agant tenant on basis of eon: Be personal property Vil REQUESTED IN — CF cieck nas isa crass ACTON DINARS CCR VES Tsai cone COMPLAINT: UNDER RULE 23, FR.CYP. 1,276,418.61 JURY DEMAND: OM Yes CONo Vill, RELATED CASE(S) TP ANY. cceauaey pDGE i DOCKET NUMBER oI “Fl — oo cizor016 l TN “NM I4aY ORORCTONTORT neces sawounr. armLyinaute 008 Maa 1008Case 1:16-cv-00281 Document 1-1 Filed 01/20/16 Page 2 of 2 PagelD #: 26 CERTIFICATION OF ARBITRATION ELIGIBILITY ‘Loca Arbitration Rule $3.10 provides that with certain exceptions action secking money damages ony in an amount not in exces of $150,000, ‘exclusive of interest and costs, ar eligible for compulsory arbitration. The amount of damages is presumed to bo below the threshold mouse ules & catitication tothe conary is led. 1, .motiouas woe Counsel for MANA do hereby certify thatthe above captioned civil action is ineligible for compulsory arbitration for the following reason(s): [2 monetary damages sought are in excess of $150,000, exclusive of interest and costs, C1 the complaint seeks injunctive reli C1 the matter is otherwise ineligible for the following reason pIScI = FEDERA| PROCEI ‘dentify any parent corporation and any publicly held corporation that owns 10% or more or its stocks: CASE MENT (Section VIM Please lis al cases tat arc arguably related pursuant to Dison of Business Rule $03.1 in Section VIII on the front ofthis frm. Rule $03.1 (a) [provides that “A civil casei “relate” to another civil case for purposes ofthis guieline When, becase of the siailariy of facts and legal ets oe ‘because the cases arise from the sme transactions or events, a substantial saving of jadiial resonroes is likely to result hom assigning Goth sea the same judge and magistrate ode.” Rule 503.1 (b) provides that A civil ens shall not be desmed “related” to another cvl ease marly becuse the gil «ase: (A) involves identical egal issues, or (B) involves the same pats.” Kale 503.1 (c further provides that “Preumplvely, and auboss tote pores ‘of judge to determine otherwise pursuant to paragraph (), vil eases shall nt be deemed tobe “related” unless both cass are sll pending bets te our” a ; rt 1) Is the civil action being filed in the Easter District removed from a New York Stale Court located in Nassaia or Suffolk County: 2) Ifyou answered “no” above: 4) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, oceur in Nesstu or Suffole County? ') Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, our inthe Eastern District If your answer to question 2(b) is “No,” does the defendant (or a majority ofthe defendants, if there is more than one) reside in Nassau or Suffolk County, or, in an interpleader action, does the cleimant (ora majority ofthe claicnans, if there is more than one) reside in Nassow (or Suffolk County? (Note: A corporation shall be considered a resident of the County in which i has the most significant contacts), BAR ADMISSION 1am currently admitted inthe Eastern District of New York and as ‘| member in good standing ofthe bar of this court Yes No ‘Are you currently the subject of any disciplinary action (inthis or any other state or federal court? Yes (lfyes,plesse explain) BJ No I eertify the ‘Signature:Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 1 of 24 PagelD #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK HASNA JALAL, COMPLAINT Plaintiff, - against- Docket No. MARY LOU SHANAHAN; CUT RIGHT LANDSCAPING & CONSTRUCTION, INC., Defendants. X PLAINTIFF HASNA JALAL’S COMPLAINT. ‘The Plaintiff HASNA JALAL (“Plaintiff”), by and through her counsel of record, Nicholas M. Moccia, Esq., of Law Office of Nicholas M. Moccia, P.C., complains of Defendant MARY LOU SHANAHAN, Defendant CUT RIGHT LANDSCAPING & CONSTRUCTION, INC., as follows, with all Counts pled both cumulatively and in the alternative: JURISDICTION 1. This is, in part, an action for religious discrimination, in the provision of services or facilities in connection with a dwelling in violation of 42 U.S.C. §3604(b); the publication of notice and a statement of preference in the sale or rental of a dwelling based on religion, in violation of 42 U.S. C. §3604(c); and coercion, intimidation, threats, or interference with a person in the exercise or enjoyment, or an account of his having exercised or enjoyed, rights granted under 42 U.S.C.§3604, in violation of 42 U.S.C. §3617. 2. Jurisdiction in this Court is proper under 42 U.S.C. §3613(a)(1)9A) and 18 U.S.C. §1964(c), as well as 28 U.S.C.§1331. 3. Inaddition to the above, this cause seeks relief for other causes of action arising under New York State Law, for which the U.S. District Court has pendent jurisdiction underCase 1:16-cv-00281 Document 1 Filed 01/20/16 Page 2 of 24 PagelD #: 2 United Mine Workers of America v. Gibbs, 383 U.S. 715, 88 S.Ct. 1130, 16 L.Ed.2d 218 (1966), and other applicable law. 4, Atall relevant times, the individual Defendants have resided, worked, or maintain their principal place of business within the boundaries of the District Court of the Eastern District of New York (“EDNY”), and the corporate Defendants have maintained both their registered agent and a place of business within those boundaries. 5. In addition, all of the conduct complained of in this cause occurred within the boundaries of the EDNY. 6. For the above reasons, venue in this Court is proper pursuant to 28 U.S.C. §§1391(b) and (c). PARTIES AND OTHER RELEVANT ACTC 7. Atall relevant times, the Plaintiff was the lawful occupant of 59 Pompey Avenue, Third Floor, Staten Island, New York 10312 (“Subject Premises”). 8. The Plaintif'is a Moroccan National and has a United States Permanent Resident Card (ie. a “green card”). 9. The Plaintiff'is employed as an accountant. 10, The Plaintiff is Muslim, 11, At all relevant times, Defendant MARY LOU SHANAHAN (“Defendant Shanahan”) is a natural person who resided at 59 Pompey Avenue, First Floor, Staten Island, New York 10312 and is the title owner of the residential dwelling wherein the Subject Premises is situated,Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 3 of 24 PagelD #: 3 12. Defendant CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. (Defendant Cut Right”) is a domestic business corporation organized under, and existing by virtue, of the laws of the State of New York, and maintains its principal place of business at 59 Pompey Avenue, First Floor, Staten Island, New York 10312. 13. Upon information and belief, Defendant Shanahan is the sole owner and shareholder of Defendant Cut Right. SUMMARY OF DEFENDANTS’ MISCONDUCT 14, The Plaintiff occupied the Subject Premises as a month to month tenant since September 1, 2015, with a monthly rent of $1,495.00 per month. 15, Initially, Defendant Shanahan offered the Plaintiff a one year written lease, which the Plaintiff executed and returned to Defendant Shanahan, 16. However, Defendant Shanahan refused to fully execute the one year written lease thereafter because, upon information and belief, of the Plaintiff national origin and religion. 17, The Plaintiff paid security in the sum of $1,500.00 in cash and 2 months’ rent in the sum of $3,000.00 by check. 18, The Plaintiff recollects a Thirty (30) Day Notice from the Law firm of Jacobi Sioghardt Bousanti Piazza & Fitzpatrick PC was taped to her door, which said that the Plaintiff had until October 31, 2015 to vacate. 19. The Plaintif’s tenancy had not been terminated by legal process when the complained of conduct took place 20. The Defendants gained occupancy forcibly, without consent or authorization of the Plaintiff and continue to forcibly and unlawfully withhold possession from the Plaintiff.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 4 of 24 PagelD #: 4 21. Defendants took possession of the Subject Premises on or about October 1, 2015. 22. Defendant Shanahan was not awarded a judgment of possession and a warrant of eviction with respect to the Subject Premises as against the Petitioner at any time. 23. The Plaintiff has not abandoried, or otherwise surrendered possession of the Subject Premises to the Defendants. 24, ‘The Plaintiff is irreparably harmed by the Defendants’ unlawful occupancy of the Subject Premises insofar as the Plaintiff is deprived of the use and enjoyment of the Subject Premises, which premises the Plaintiff still has the legal right to occupy. i 25. The Plaintiff is continually damaged by the Defendants’ unlawful occupancy of the Subject Premises. 26. Defendants unlawfully and intentionally deprived the Plaintiff access of the Subject Premises without resorting to legal process. 27. Defendant Shanahan was arrested on October 4, 2015, by officers of the New ‘York City Police Department, 123 Prescient, and charged with Grand Larceny in the 4" Degree (PLL. 155.30(1)); Petite Larceny (P.L. 155.25); Criminal Possession of Stolen Property in the 4" Degree (P.L. 165.45 (1)); and Criminal Possession of Stolen Property in the 5" Degree (P.L. 165.40). See Complaint for People of the State of New York v. Mary Shanahan, Docket No, 2015-R007300 annexed hereto as Exhibit “A”, 28, Upon information and belief, neighbors of Defendant Shanahan witnessed the Defendant Shanahan and employees of her company, Defendant Cut Right, removing the Plaintiff's personal property from the Subject Premises and loading the same into Defendant Cut Right’s vehicles.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 5 of 24 PagelD #: 5 COUNT ONE AS AGAINST DEFENDANT MARY LOU SHANAHAN — ‘VIOLATIONS OF 42 U.S.C. §§3604(b) AND 3617 29. The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth, herein. 30. Defendant Shanahan engaged in repeated instances of harassment of the Plaintiff during the Plaintiff's rental of the Subject Premises. 31. Onor about September 6, 2015, at approximately 10:00 a.m., the Plaintiff was: speaking on the telephone in Arabic. 32, Defendant Shanahan started banging on the Plaintiff's door and shouted, “I don’t need anybody speaking Arabic in my house! You're scaring the neighbors!” 33. When the Plaintiff explained that she was speaking with her family in her native Ianguage, Defendant Shanahan responded that “the neighbors will think you are from Al Qaeda” ' or words to that effect, Defendant Shanahan then informed the Plaintiff repeatedly that she needed to move out. 34. Ono about September 6, 2015, Defendant Shanahan turned off the Plaintif?'s leetricity. 35, ‘The Plaintiff called law enforcement, and law enforcement directed Defendant Shanahan to restore electric service. 36. In addition, law enforcement issued Defendant Shanahan a summons. 37. On another occasion, Defendant Shanahan entered the Subject Premises without the Plaintiff's permission while the Plaintiff was present in the Subject Premises taking a shower. 38, The Plaintiff was playing Arabic music on her stereo, and Defendant Shanaban took it upon herself to enter the Subject Premises without the Plaintiff's permission in order to turn off the Plaintiff's stereo.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 6 of 24 PagelD #: 6 39. ~ The Plaintiff was not playing the music at a loud volume. 40. On almost a daily basis, Defendant Shanahan left handwritten notes on the Plaintiff's doors saying such things as “Get the fuck out of my house”, “You're a fucking nasty Arabic pig” and so forth. | 41. Defendant Shanahan has called the Plaintiff offensive names, including “nasty : Arab,” “slut,” “bitch.” 42. The Plaintiff’s advised Defendant Shanahan that the Plaintiff had a young daughter after Defendant Shanahan remarked about baby furniture the Plaintiff was moving into the Subject Premises. 43. — About four (4) days after the Plaintiff moved into the Subject Premises, Defendant Shanahan stated, “If you are going to have a baby here, you will have to move out.” 44. — Defendant Shanahan further stated, “I remember when this country was all white. ‘Those were the days...” or something to that effect. 45. Defendant Shanahan has managed to get in contact with the Plaintiff’s ex- husband David Nasser, who never lived with Plaintiff at the Subject Premises and whose identity ‘was unknown to Defendant Shanahan until after the Plaintiff moved into the Subject Premises. 46. Upon information and belief, Defendant Shanahan discovered the identity and contact information of the Plaintiff's ex-husband by opening the Plaintiff's mail. 47. ‘The Plaintiff has an order of protection against her husband, and the Plaintiff is in ‘the midst of a custody battle with him over their daughter. 48. Upon information and belief, Defendant Shanahan is spitefully colluding with the Plaintiff's ex-husband to prejudice the Plaintiff's ability to maintain custody of her daughter.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 7 of 24 PagelD #: 7 49. The Plaintiff has seen Defendant Shanahan in Family Court with her ex-husband during a recent hearing. 50. On September 16, 2015, Defendant Shanahan entered the Subject Premises with her key and broke the chain lock that the Plaintiff placed on the door. I 51. ‘When Defendant Shanahan entered, she seized the Plaintiff's phone in order to stop her from calling 911 and broke the Plaintiff's phone on the floor. 52. Defendant Shanahan then proceeded to take the Plaintiff's hookah pipe and her broken phone out of the Subject Premises. 53. The Plaintiff went to friend's house on September 23, 2015 for her friends birthday around 3:00 p.m. and stayed there until around 9:30 p.m. 54, ‘The Plaintiff told her friend that Defendant Shanahan accused the Plaintiff of parassing Defendant Shanahan that same day, although the Plaintiff was not at the Subject Premises. 55. At about 10:00 p.m. that evening the Plaintiff's friend went back to the Subject Premises with the Plaintiff. 56. When they arrived, Defendant Shanahan was staring the down at the door just staring at both the Plaintiff and her friend. 57. According to the Plaintiff, Defendant Shanahan’s conduct was “very ereepy,” and. Defendant Shanahan made the Plaintiff and her friend feel uncomfortable. 58. The Plaintiff entered the Subject Premises with her friend, and after a few minutes, the police came banging on the door of the Subject Premises. 59, They told the Plaintiff that Defendant Shanahan called them because the Plaintiff was in danger.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 8 of 24 PagelD #: 8 60. Defendant Shanahan made a false report to the police, as this was a total fabrication used to induce the police to come to the Subject Premises. 61. The Plaintiff informed the police that nothing is going on, and asked the police to tell Defendant Shanahan to stop making up stories, harassing her, and to leave her alone, 62. On September 24, 2015, at about 12:45 a.m., Defendant Shanahan knocked on the door, and the Plaintiff did not answer. 63. Defendant Shanahan then proceeded to open the door with her own key and without the permission of the Plaintiff. 64. The Plaintiff asked her what was the problem, and Defendant Shanahan then started telling the Plaintiff that she cannot have friends over in the Subject Premises and that she must leave, 65. The Plaintiff asked Defendant Shanahan to leave or she would call the police. 66. Defendant Shanahan replied by saying, “Bither you leave peacefully, or you are ‘g0ing to be thrown out” and left shouting at the Plaintiff that she better leave. 67. Defendant Shanahan then threatened “You better leave because you do not know ‘who you are dealing with.” 68. Upon information and belief, Defendant Shanahan was alluding to her supposed political connections. 69. Defendant Shanahan is the former chairperson of the Conservative Party on Staten Island. 70. The Plaintiff asked her friend to spend the night because she was scared that Defendant Shanahan was going to barm her. 71. The Plaintiff's friend agreed to spend the night at the Subject Premises.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 9 of 24 PagelD #: 9 72. The next morning around 9:00 a.m., the Plaintiff and her left the Subject Premises, and again Defendant Shanahan was at the Plaintiff's door step. 73, The Plaintiff and her friend walked passed the Plaintiff as the Plaintiff stared them down. 74, Defendant Shanahan said to the Plaintiff, “Get out of my house you fucking bitch. Oh, and David and Wendy said hi.” 75. — Upon information and belief, Defendant Shanahan was referring to David Nasser, the Plaintiff's ex-husband, and his former housekeeper. 76. — Based on the foregoing, Defendant Shanahan engaged in discrimination as against __ the Plaintiff in the provision of services and facilities in connection with the Subject Premises based on the Plaintiff's Muslim religion, Moroccan national origin and familial status as a single mother in violation of 42 U.S.C. §§3604(b) and 3617. 77. — Defendant Shanahan engaged in coercion, intimidation, threats and interference with the Plaintiff's exercise and enjoyment of the Subject Premises, and engaged in such conduct ‘on account of her having exercised or enjoyed rights granted under 42 U.S.C. §§3604 and 3617. COUNT TWO AS AGAINST DEFENDANT MARY LOU SHANAHAN ~ VIOLATIONS OF 42 U.S.C. §§3604(c) AND 3617 78. — The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 79. — Based on the foregoing, Defendant Shanahan made a statement of preference on religion in the rental of the Subject Premises in violation of 42 U.S.C. §§3604(c) and 3617— specifically, Defendant Shanahan expressed her preference to the Plaintiff that she preferred to rent the Subject Premises to non-Muslims.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 10 of 24 PagelD #: 10 80. Defendant Shanahan engaged in coercion, intimidation, threats and interference with the Plaintiff's exercise and enjoyment of the Subject Premises, and engaged in such conduct ‘on account of her having exercised or enjoyed rights granted under 42 U.S.C. §§3604 and 3617. COUNT AS AGAINST (DANT MARY LOU SHAN. = VIOLATION ‘OF NEW YORK REAL PROPERTY ACTIONS AND PROCEEDINGS LAW § 853 81, The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 82. The Plaintiff was, and still is, entitled to possession of the Subject Premises by virtue of having paid two months’ worth of rent and one months’ worth of security, thereby establishing a month-to-month tenancy. 83. The Defendant Shanahan, when she entered into the Subject Premises on October 1, 2015, disposed of all or stole the Plaintiff's personal property. 84, The Plaintiff is entitled to treble damages as against the Defendants Shanahan pursuant to RPAPL 853 in an amount to be determined at trial due to the pattern of harassment in which Defendant Shanahan engaged during the Plaintiff's occupancy of the Subject Premises 85. Below is a list of the Plaintiff's personal property maintained in the Subject Premises which Defendant Shanahan disposed or stole: A) HOMES GOODS, APPLIANCES AND FURNISHINGS. TOTAL $32.9 a. furniture from Raymour & Flanigan—- $8,492.20, in the aggregate; b. kitchenware, appliances, home goods -- $15,000.00 ©. one (1) air-conditioner ~ $200.00Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 11 of 24 PagelD #: 11 4. three (3) sets of bedroom linens - $400.00 . home décor and wall art ~ $5,000.00 400.00 £ two (2) large mirrors g. nine (9) floor rugs ~ $1,350.00 1h, one (1) refrigerator -- $400.00 i, one (1) microwave ~ $250.00 |. miscellaneous purchases from Walmart - $117.50 k. curtains - $114.17 1 Frenchi Home Furnishing Cherry 3-Piece Vanity Set - $193.90 B) BABY SUPPLIES AND CLOTHES. TOTAL $20,107.70 a. ToysRUs/BabiesRUs -clothes & supplies - $14,675.59 b. bottles — Global Boost MD LLC - $67.00 ¢. Walmart — baby supplies - $3,459.70 d. BuyBuyBaby.com — baby supplies - $1,904.88 C) ELECTRONICS TOTAL: $14,714.30 a, two (2) televisions, one with 63” screen, another with a 59” screen ~~ $6,000.00 in the aggregate; ». two (2) Mac laptops -- $4,000.00 c. samsung Galaxy 5S mobile phone ~ $900.00;Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 12 of 24 PagelD #: 12 4. one (1) Apple iMAC desktop computer -- $2,000.00 ¢. one (1) Sony wireless stereo -- $1,000.00 £, Apple iPad - $299.99 g. Refurbished HP Black Laptop PC - $200.00 h, Samsung 18190 Galaxy $ III Mini Androaid Smartphone - $314.31 D) JEWELRY — TOTALS93,152.76 e. one (1) 5 carat diamond bracelet -- $40,000.00 £, 24 carat gold bracelet , gifted by Fatiha Jalal -- $5,000.00 g. 24 carat gold necklace, gifted by Fatiha Jalal - $8,500.00 , 24 carat gold necklace, gifted by Mohamed Jalal -- $15,000.00 i. 14 carat white gold fancy cut sol ri, gifted by David Nasser (ex-husband) -- $16,199.00 J. Movado watch gifted by David Nasser (ex-husband) — $1,268.39 . k. Second Movado watch gifted by David Nasser (ex-husband) $1,982.34 1. 14 carat white gold bridal set gifted David Nasser (ex-husband) ~ $5,203.13 E) CLOTHES E OAL: $132,290.32 1 one (1) Rolex wateh -- $35,000.00 b. Gold Rolex Oyster Perpetual midsize watch, gifted by Fatiha Jalal -- $16,000.00Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 13 of 24 PagelD #: 13 ¢.. Baume and Mercier Men’s Hampton watch -- $1,507.92 4. Evening dress and accessories from MissesDressy ~ $1,282.55 e. one (1) Hermes handbag ~- $15,000.00 £. one (1) Hermes Birkin Bag Orange H Epsom -- $35,000.00 g. Macy's clothes, shoes & accessories - $9,021.54 1h. Dillard’s $738.95 i. Contact lenses — Soleko Queens Solitaire from M.A. Marketplace Ltd - $83.81 j. Contact lenses — Hi Drocor Ice from Wrlens - $113.28 k. Contact lenses — Shop4frames.com - $41.97 1. Two (2) Louis Vuitton luggae Trolleys - $8,000.00 m, one (1) Louis Vuittton Luggage set ~ gifted by Fatiha Jalal - $6,700.00 n. one (1) Gucci Bamboo Shopper Leather Tote - $2,811.18 ©. one (1) Gucei wallet (soho blue leather zip around wallet) $666.48 p. Designer Shoes Warehouse - $216.82 4. Beautymojo Cosmetics - $67.00 rt, Eyelash adhesive - $39.00Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 14 of 24 PagelD #: 14 4. Photographs, family picture, baby pictures, wedding pictures, 70-80 books, various gifts, passport, green card, birth certificate, Social Security card, daughter's Social Security card in an amount to be determined at trial 86. The Plaintiff claims a total of $425,472.87 in actual damages based on property Defendant Shanahan disposed or stole. 87. Pursuant to RPAPL 853, Plaintiff seeks treble against Defendant Shanahan for the sum of $1,276,418.61 on the account of Defendant Shanahan’s repeated instances of harassment against the Plaintiff as set forth in more detail above. 88. In addition to the foregoing, the Plaintiff is entitled to punitive damages in an ‘amount to be determined at trial on account of Defendant Shanahan’s repeated instances of harassment of the 89. No prior application has been made for the relief sought herein in the EDNY. COUNT FOUR AS AGAINST DEFENDANT CUT RIGHT LANDSCAPING & ‘CONSTRUCTION INC, ~ VIOLATIONS OF 42 U.S.C. §§3604(b) AND 3617 90. The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 91. Defendant Shanahan is the sole owner of Defendant Cut Right. 92. Defendant Shanahan, as principal of Defendant Cut Right, intentionally availed herself of the employees and equipment of Defendant Cut Right when she violated 42 U. §§3604(b) and 3617. 93. Defendant Cut Right acted in concert with Defendant Shanahan when she violated 42 U.S.C. §§3604(b) and 3617. 94, Accordingly, Defendant Cut Right and Defendant Shanahan ought to be held jointly and severally liable for their violation of 42 U.S.C. §§3604(b) and 3617.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 15 of 24 PagelD #: 15 (COUNT FIVE AS AGAINST DEFENDANT CUT RIGHT LANDSCAPING & C. §§3604(c) AND 3617 |ONSTRUCTION INC. ~ VIOLATI 42 U.S.C. 95. ‘The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein, 96. Defendant Shanahan is the sole owner of Defendant Cut Right. 97. Defendant Shanahan, as principal of Defendant Cut Right, intentionally availed herself of the employees and equipment of Defendant Cut Right when she violated 42 U.S.C. §§3604(c) and 3617. 98. Accordingly, Defendant Cut Right and Defendant Shanahan ought to be held jointly and severally liable for their violation of 42 U.S.C. §§3604(c) and 3617. COUNT SIX AS AGAINST DEF) CUT RIGHT LANDSCAPING & CONSTRUCTION INC. - VIOLATION OF NEW YORK REAI ERTY ACTIONS "AND PROCEEDINGS LAW § 853, 99, The Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein, 100, Defendant Shanahan is the sole owner of Defendant Cut Right. 101, Defendant Shanahan, as principal of Defendant Cut Right, intentionally availed herself of the employees and equipment of Defendant Cut Right when she violated RPAPL 853. 102. Defendant Cut Right acted in concert with Defendant Shanahan when she violated RPAPL 853. 103, Accordingly, Defendant Cut Right and Defendant Shanahan onght to be held jointly and severally liable for their violation of RPAPL 853.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 16 of 24 PagelD #: 16 WHEREFORE, the Plaintiff demands: 1. With regard to the Plaintiff's first count as against Defendant Shanahan, actual damages in an amount to be determined at trial as well as punitive damages; 2. With regard to the Plaintiff's second count as against Defendant Shanahan, actual damages in an amount to be determined at trial as well as punitive damages; 3, With regard to the Plaintiff's third count as against Defendant Shanahan, actual damages in an amount to be determined at trial as well as punitive damages; 4. With regard to the Plaintiff's fourth count as against Defendant Cut Right, actual damages in an amount to be determined at trial as well as punitive damages; 5. With regard to the Plainti's fifth count as against Defendant Cut Right, actual damages in an amount to be determined at tril as well as punitive damages; 6. With regard to the Plaintiff's sixth count as against Defendant Cut Right, actual damages in an amount to be determined af trial as well as punitive damages; 7, Such other and further relief as this Court deems just and proper. PLAINTIFF DEMANDS TRIAL BY JURY ON ALL MATTERS AND COUNTS SET FORTH IN THIS COMPLAINT WHERE PERMITTED BY LAW.Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 17 of 24 PagelD #: 17 Dated: Staten Island, New York January 20, 2016 Law Offices of Nicholas M. Moccia, P.C. Anoryay Jalal f yy : Bh: \e Nicholas M. Moceid Esa. YBay Street, Penthor Staten Island, New York 10301 Phone: (718) 701-5772. To: ‘Mary Lou Shanahan 59 Pompey Avenue, I* Floor Staten Island, New York 10312 ‘Cut Right Landscaping & Construction Inc. 59 Pompey Avenue, 1" Floor Staten Island, New York 10312Case 1:16-cv-00281 Document 1 Filed 01/20/16 Page 18 of 24 PagelD #: 18 EXHIBIT Az yt il Page 19 of 24 PagelD #: 19 Case 1:16-dv-00281 Document 1 Filed 01/20/16 Pag 1 aoisaass3s CRIMINAL COURT OF THE:CITY OF NEW YORK COUNTY OF RICHMOND ‘THE PEOPLE GP THE STATS OF NEW YORK, ~against- FELONY 1, MARY SHANAHAN (F 52) _ 2015R 1007300 wna STATE OF NEWYORK ) ) ss: COUNTY OF RICEMOND ) Police Officer Balakrishnan Seimuhunthan, shield # 7328 of the 123 Precinct, deposes ‘and says as On 10-01/2015 at approximately 21:00 inside the third floor apartment at 59 Pompey Avenue, in Staten Island New York in the County of Richmond and State of New York, the defendant committed the offenses of: 1.P.L. 155.30(1)) Grand Larceny 4th degree | 2, PLL. 155.25 Petit Larceny | & #1, 1 count(s)) | 3, P.L, 165.45(1)| Criminal Possession of Stolen Property 4th degree st, Leow) | (@ofendant #1 | 4PL. 165 Sha ome fi Popa St og & #1, 1 counts) in that the}defendant(s) did; steal property having @ value of more than onc thousand dollars; steal knowingly possess stolen property having a vali of more than one ‘thousand dollars, pith intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and knowingly possess stolen property, with intent to Jhimself or a person other than an owner thereof or to impede the recovery by an owner Deponent tates based upon information and belief the source of which is information from HASNA A, JALAL and individuals whose names and are known to the District Attomey’s Office that the defendant, acting together and in ‘with numerous unknown. individuals, iter HASNA A. JALAL’s apt at the above location and did remove all of her ‘but not limited to, softs, a bed, kitchen appliances, televisions, furniture, and Page 1 of 2property. Deponent is further informed by HASNA A. JALAL that said ‘value in excess of one thousand dollars, Deponen} is further informed by informant that she is the owner of said propenty, and that defendant had np permission to remove or possess said property. e herein are punishable as a class A misdemeanor pursuant to section. liCase 1:16-cv-00281 Document 1 Filed 01/20/16 Page'21 of 24 PagelD #: 21 sep ens eater oc SOUNTY Gi mCMMOND, car t pose rcets or manazs or NEW Yom guaran Sea pe 5 Maly Shanahan Prine Steamer Jnl MEAS RAE NOTICE tt pet God Pcl a § 71301 deg ol Peg fend to ffs evidence os eatemcat rondo ty the detent W auc servant. i. sak eh % | Matt senna sin mg: oo ow Bf we Tatacopoteidwmmenticgied == Ya BPN 6 | tiated semen ator vet ‘Tovhammde: iechwntian py LOIS 2a REAM TARE NOTICE, tnt must 9 Cen Pca La § 710 (9, dag Zep bo fe nay ren steven fh ead on tas eae, an ‘tinny sf en ty whnn(n) neo lasham peony adhd See Sak Typd of pin fdtcation: J te Date, t Ln ee hed : eee 2 ieitestmaritatsnton ap UAB TS NOTICE pr Pl a 10 () mp edn or a ‘of ie following property allege to havo been se u zs il zochosseecl 0 dete i re rae sao prdnce of repre euch soto eta tgs nly trons cas oa eee ea 4 en mt ppt te, 1000 aM. pt Pel Lam 40102. son sen sherman i eget po icy poo mach peace ealloncat tm gestionCPL. 190.50(5)(a) & (b) Notice ‘Dkt. No. is currently pending agsinst the sbove-named Criminal Court of the City of New York for the County of Richmond, a local undisposed of felony complaint charging an offense that is the subject of a t . a defendant(s) in cron ‘Prospective or pending Grand Jury proceeding. If the defendant to exercise his/her tight to testify before the Grand Jury, please notify the District is Office, 130 Stuyvesant Place, Staten Island, NY 10301, in writing, “The District Attorn Office will notify the defendant on what date and time he/she will have an IE cross grand jury notice is served by the above-named defendent, and bail’is set on the ndant in the case, you are hereby notified that: . monyinthiscascon_ /E" SH s- Please be aS Floor, Staten Island, © Grand Jury docs not have facilities for attomey-olient consultations. gh consultations should be completed before the defendant's appesirance at the If you have any or wish to withdraw your intent to testify, you may call the Grand ‘Tury Warden at (718) 556-7143 before 12:00 p.m.'on the presentation date noted above. Tf you do not app. at the scheduled date and time, and if you have not contacted the Grand Kiry ‘Warden, it will be} a waiver of the defendant's C.P.L 190.50 notice of intent to testify. Dated: DANIEL L. MASTER JR. Acting District , Richmond a Aster County Staten Idand, NY 10301++ C88 SHATRH COUPE OH ARG CHP OF NEWAPBAE PIE ‘The People of the State of New York vs. Defendant: 1. MARY SHANAHAN 815608265 10/04/2015 20:24 59 POMPEY AVENUE, STATEN ISLAND NY Richmond County Felony Complaint Docket Number: PL. ; ) (F52) PAL. 155.20(1) ' a = seis, RM 20500730 ie pvr Name ( Yell ——* ‘Screener: Hal, John - CRIMINAL COURT ‘CPL 190.50 - Grand Jury Grand Jury D_ Miaive cross Grand Jury, "1. 710.30(1) (A) -Staternent 1 cer. 710:30(1) (6) - tdenttication (CPL 250.20 - Albi _ oPL.24030- Discovery 1 PL-450.10(48 hrs /15 days) - Property O ootver: ment: [] Assign 1} 1 orroc vat WEL one 121 D1 €Pt 180.20/20.30 waives Bail Condition: eee 2) (ins. Co, Bond) (Cash) « GoD nn SyRemae | ANOT34_ Ti ‘Arresting Oificer BALAKRIS SAIMUHUNTHAN Comments: (CRC 0220 (v.12) SSUR 4 D_ Meda! attention D1 Protostive Custody LD Suicide watch (C1 Peychiatrio Evaluation ‘Court Reporter Date Part GON MEYER RIzz0 0-05-15 BP hi JudgeCase 1:16-cv-00281 Document 1 Filed 01/20/16 Page 24 of 24 PagelD #: 24 INTHE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK s = X HASNA JALAL, Docket No. Plaintiff, ~ against- MARY LOU SHANAHAN; and CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. Defendants. COMPLAINT NICHOLAS M. MOCCIA, P.C. Attorneys for Hasna Jalal 60 Bay Street, Penthouse www.nicholasmoceialaw.com Staten Island, NY 10301 (718) 701-5772 Dated; January 20, 2016