In the Matter of the Claim of
Dean Bodnar and
JamesGordon *
Lynn Kopka , and, THE CITY OF TROY,
TO: Troy City Clerk
The City of Troy, New York
433 River Street
Troy, New York 12180
Lynn Kopka, 195 Second Street, Troy, NY 12180

PLEASE TAKE NOTICE that the claimants, Bodnar and Gordon, hereby claim and
demand from respondents, Kopka and The City of Troy, New York ("Troy"), monetary
compensation for the compensatory and punitive damages sustained by reason of respondent
Kopka's malicious composition and publication of an electronic mail containing numerous
libelous statements made of and concerning the claimants, and in support of their claim states
the following
1. The post office addresses of claimants are: Councilman Dean Bodnar, 103
Nyroy Drive, Troy, New York, 12180; Councilman James Gordon, 528
Seventh Avenue, Troy, New York, 12182.

2. The name, post office address, and telephone number of claimant's
attorney is:
Not yet retained.
3. The date when and the place where such claims arose was:
On or about July 25, 2014 at about 10:47 a.m. when respondent Kopka
electronically mailed a written communication via a computer from her professional office,
residence or another unknown location addressed to and received by one Joshua Reap of
Associated Builders and Contractors, Inc., Empire State Chapter, (hereinafter referred to as ABC)
via the Department's internet and/or web service and on or about July 25, 2014 at about 10:47
a.m. and thereafter, when that communication was received and then disseminated to others within
and/or outside ABC as would reasonably have been expected.
4. The said injuries for which claim is hereby made arose in the following
manner: In said e-mail, respondent Kopka, in communicating with Mr. Reap in his
official capacity as the ABC Eastern New York Vice President and Director of Government
Affairs, made untrue, malicious and defamatory statements against the integrity and
character of claimants Bodnar and Gordon. Specifically, respondent Kopka sent that e-mail to
incite action by the ABC to oppose recently-passed legislation of the Troy City Council, of which
claimants Bodnar, Gordon, and respondent Kopka are elected and voting members. In that e-mail,
respondent Kopka published of and concerning the claimants, the following matter: “I thought
the 2 republicans-Dean Bodnar and Jim Gordon-were leaning toward a no vote. I think the
unions bought them off somehow. They do not have any of the info you provided to me. If you
approach them, please do not mention my involvement- just tell them that you represent various
contractors, etc and are aware of the legislation.” A copy of the e-mail is attached as Exhibit A.

By this e-mail, respondent Kopka intended to mean, and was understood to mean
by those who read the communication directed to Joshua Reap and the ABC, that claimants
Bodnar and Gordon accepted a bribe in exchange for their votes on this legislation (2) did or will
solicit or accept bribes to pass local legislation or perform official duties; (3) did or will
knowingly and intentionally solicit or accept bribes to pass local legislation or perform official
duties; (4) did or will knowingly and intentionally (sell their office), and, (5) conspired to solicit or
accept bribes, explicitly or by implication.
There was also reason to believe that people other than the addressees would,
and did, obtain and read the e-mail, including New York State Assemblyman Steve
McLaughlin, and that the same would be published to members of that organization, including
political contributors, and other organizations that may have relations with the City Council, and
others, and members of the public.
Although made in connection to a legislation that was passed & legislative
proceeding or processes, the said defamatory matter regarding the claimant was not relevant or
material to any related proceeding and was also extra-legislative in manner, time and place, thus,
is not a bone fide communication subject to a qualified or absolute privilege from liability.
At the time that respondent Kopka composed and published that defamatory
matter in said e-mail she knew that it was false or failed to ascertain its accuracy and instead did
so with reckless disregard of whether it was true or not. Those statements made by respondent
Kopka were intended to and understood by its intended recipients and any reasonable reader to
charge the claimants with engaging in criminal and unethical conduct. Furthermore, in
publishing that false and defamatory matter, respondent Kopka was motivated by and acted
with actual malice and with the wrongful and willful intent to injure and damage the claimants in
their business, official capacities, elected offices, professional standing and their reputations and
good names. In publishing the defamatory matter, respondent Kopka also acted in a grossly
irresponsible manner without due consideration for the standards of information gathering and
dissemination followed by responsible persons.
Respondent Kopka, by composing and publishing the false, libelous electronic
communication, meant and intended to impute to the claimant the commission of unethical and
criminal conduct, as specified above, and thereby injure the good name, reputation, business,
official and professional standing of the claimants in the community in which they and
reside, and among their official and professional relations and particularly, those conducting
relations, official, professional and/or business with the Troy City Council in general and
them in particular.
5. At all times relevant, respondent Kopka acted as an agent, employee and/or
officer of respondent The City of Troy, New York and in her capacity as an elected member
of it City Council.
6. The nature of the claimants’ claim is for the recovery of the monetary
damages they sustained by reason of said false and defamatory statements maliciously
and/or recklessly stated and published by respondent Kopka, while acting within the course
of her employment and in her official capacity.
7. Due to the conduct of the respondent, the claimants have and likely will be
held up to public disgrace, ridicule, contempt and reproach. Further, they have been injured
in regard to their character and good reputation, have and likely will suffer great mental
anguish and pain, and have and will likely be irreparably injured in his profession, all to
their monetary damage. The monetary damages and injuries suffered by claimant were
caused solely and directly by the intentional and/or malicious actions of the respondent
Kopka who was acting in the course of her employment and/or official office.
8. This Notice is made and
served in accordance and compliance with
the applicable provisions of the General
Municipal Law (Sections 52 and 50-e).
9. That this claim has not been assigned nor has it been submitted to any other
tribunal or officer for audit or determination.
10. That by reason thereof, claimant has sustained damages and expenses and is
entitled to a substantial monetary sum.
PLEASE TAKE FURTHER NOTICE, that in the event respondents fail to pay said
claim within the time limits provided for pursuant to law, claimants shall commence an
action against them in a state court of jurisdiction for an order directing that respondents
pay them monetary compensatory and punitive damages for the related damages they
— DEAN BODNAR and JAMES GORDON, being duly sworn, deposes and says that they
are the claimants in this action; that they have read the foregoing Notice of Claim and
knows the contents thereof; that the same is true to their knowledge, except as to those
matters therein stated to be alleged upon information and belief, and as to those matters they
believe them to be true.

Sworn to before me this
_the day of ___ , 2014
Notary Public-State of New York