Me.- I IlOOlqq. Summons. YOU are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the.

Transcription

1 SCANNED ON = \\Asny00l\clients\EZE, SOPHIA\suppSummons.wpd SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. : Date purchased January 1 2 CHINEMEREM EZE, -against- Plainti& THE CITY UNIVERSITY OF NEW YON, BROOKLYN COLLEGE, KAREN LEE GOULD, as President of BROOKLYN COLLEGE, MILGA MORALES, as Dean of Student Affairs of BROOKLYN COLLEGE, CAMPUS AND COMMUNITY SAFETY SERVICES (BCCSS), DONALD WENZ, Director, URSULA G. CHASE, Deputy Director, HARRY GOMEZ, Lieutenant, CYNTHIA HUNTER, Lieutenant, ROBERT SCOTT, Liaison OfficedCoordinator of Honors Academy, JAIME WEISS, Advisor, SALLY ROBLES, Assistant Professor, JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4,whose names are unknown to Plaintiff, Plaintiff designates NEW YORK County as the place of trial. The basis of the venue is Plaintiff% Residence Summons I IlOOlqq Plaintiff resides at 501 West 13Sh Street, Apartment 4 New York, New York County of NEW YORK To the above named Defendant(s) Defendants. 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 a notice of appearance, on the Plaintiff s Attorney within 20 days after the service of this SUII~IZIOI~S, exclusive of the day of service (or within 30 days after the service is complete if this ns is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgme against you by default for the relief demanded in the complaint. Dated: January 3,2011 \JpIN 05 & Me * c.-?#x J. SPINNELL, LLC Attorneys for PlaintiYlf 286 Madison Avenue, Ste New York, New York Tel.: (212) Fax (2 12) * *

2 . -.. \\Asny001\clients\EZE, SOPHI A\suppSummons.wpd THE CITY UNIVERSITY OF NEW YORK 535 East 80th Street New York, New York BROOKLYN COLLEGE Brooklyn, New York KAREN LEE GOULD 2129 Boylan Hall Brooklyn, New York MILGA MORALES Boylan Hall Brooklyn, New York BROOKLYN COLLEGE CAMPUS AND COMMUNITY SAFETY SERVICES Room 0202, Ingersoll Hall Brooklyn, New York ROBERT SCOTT Brooklyn, New York JAIME WEISS Brooklyn, New York SALLY ROBLES Brooklyn, New York JOHN DOE SECURITY OFFICERS NOS.: 1-4 Room 0202, Ingasoll Hall Brooklyn, New York JANE DOE SECURITY OFFICERS NOS.: 1-4 Room 0202, Ingasoll Hall Brooklyn, New York DONALD WENZ Room 0202, Ingersoll Hall Brooklyn, New York URSULA G. CHASE Room 0202, Ingersoll Hall Brooklyn, New York HARRY GOMEZ Room 0202, Ingersoll Hall Brooklyn, New York CYNTHIA HUNTER Room 0202, Ingersoll Hall Brooklyn, New York

3 ". " Johnson\Verified Complaint\\Asny001\clients\EZE, SOPHIA\sUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHINEMEREM EZE, Plaintiff, Index No.: - against - THE CITY UNIVERSITY OF NEW YORK, BROOKLYN COLLEGE, KAREN LEE GOULD, as President of BROOKLYN COLLEGE, MILGA MORALES, as Dean of Student Affairs of BROOKLYN COLLEGE, CAMPUS AND COMMUNITY SAFETY : SERVICES (BCCSS), DONALD WENZ, Director, URSULA G. CHASE, Deputy Director, HARRY GOMEZ, Lieutenant, CYNTHIA HUNTER, Lieutenant, ROBERT SCOTT, Liaison OfficedCoordinator of Honors : Academy, JAIME WEISS, Advisor, SALLY ROBLES, Assistant Professor, "JOHN DOE" SECURITY OFFICERS : NOS.: 1-4 and "JANE DOE" SECURITY OFFICERS NOS.: 14,whose names are unknown to Plaintiff, VERIFIED COMPLAINT Plaintiff, CHINEMEREM EZE, by her attorneys, the Law Offices of Andrew J. Spinnell, LLC, complaining of the Defendants, respectfully alleges as follows, upon information and belief: 1. Plaintiff currently resides in the County, City and State of New York, at 501 West 135* Street, Apartment 4, New York, New York

4 t JohnsonWerified Complaint\\Asny001\ffients\EZE, SOPHIASUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd 2. At all times hereinafter mentioned, Defendant THE CITY UNIVERSITY OF NEW YORK (hereinafter TUNY ) was and is a public institution of the City and State of New York, located at 535 East SO* Street, New York, New York At all times hereinafter mentioned, Defendant BROOKLYN COLLEGE was and is a public institution of the City and State of New York, and an institution that is part of, and affiliated with, CUNY, located at, Brooklyn, New York At all times hereinafter mentioned, Defendant KAREN LEE GOULD was and is the President of Defendant BROOKLYN COLLEGE, having a business address of Office of the President, 2129 Boylan Hall,, Brooklyn, New York At all times hereinafter mentioned, Defendant MILGA MORALES was and is the Dean of Student Affairs of Defendant BROOKLYN COLLEGE, having a business address of Office of the President, 2113 Boylan Hall,, Brooklyn, New York At all times hereinafter mentioned, Defendant BROOKLYN COLLEGE CAMPUS AND COMMUNITY SAFETY SERVICES (hereinafter BCCSS ) was and is a public agency of the City of New York and of Defendant BROOKLYN COLLEGE, having an address of Room 0202, Ingersoll Hall,, Brooklyn, New York At all times hereinafter mentioned, Defendant DONALD WENZ, was and is employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as Director of BCCSS, having a business address of Room 0202, Ingersoll Hall,, Brooklyn, New York At all times hereinaftermentioned, Defendant URSULA G. CHASE, was and -2-

5 ' Johnson\Verified Complaint\\AsnyDOl\clients\EZE, SOPHIASUPREME COURT OF THE STATE OF NEW YORKCOUNV OF NEW YORK.wpd is employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as Deputy Director of BCCSS, having a business address of Room 0202, Ingersoll Hall,, Brooklyn, New York At all times hereinafter mentioned, Defendant HARRY GOMEZ, was and is employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as a Lieutenant of BCCSS, having a business address of Room 0202, Ingersoll Hall,, Brooklyn, New York At all times hereinafiermentioned, Defendant CYNTHIA HUNTER, was and is employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as a Lieutenant of BCCSS, having a business address of Room 0202, Ingersoll Hall,, Brooklyn, New York At all times hereinafter mentioned, Defendant ROBERT SCOTT, was and is employed by Defendants BROOKLYN COLLEGE and GOULD, as a Liaison Officer/Coordinator of Honors Academy, having a business address of, Brooklyn, New York At all times hereinafter mentioned, Defendant JAIME WEISS, was and is employed by Defendants BROOKLYN COLLEGE and GOULD, as an Advisor, having a business address of, Brooklyn, New York At all times hereinafter mentioned, Defendant SALLY ROBLES, was and -3-

6 Johnson\Verified Complaint\\Asny001\flients~E, SOF HIAEUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd is employed by Defendants BROOKLYN COLLEGE and GOULD, as an Assistant Professor and School psychologist, having a business address of, Brooklyn, New York At all times hereinafter mentioned, Defendants JOHN DOE SECURITY OFFICERS NOS.: 1-4, were and are employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as officers of BCCSS, having a business address of Room 0202, Ingersoll Hall, 2900 Bedford Avenue, Brooklyn, New York At all times hereinafter mentioned, Defendants JANE DOE SECURITY OFFICERS NOS.: 1-4, were and are employed by Defendants BROOKLYN COLLEGE, GOULD and BCCSS, as officers of BCCSS, having a business address of Room 0202, Ingersoll Hall, 2900 Bedford Avenue, Brooklyn, New York At all times hereinafter mentioned, Plaintiff was an international honors student fiom Nigeria, receiving an academic scholarship, sponsored by the Macaulay Honors College of Defendant BROOKLYN COLLEGE At all times hereinafter mentioned, Plaintiff had no criminal record. At all times herein arer mentioned, Plaintiff had no history of psychiatric or psychological problems, treatment or distress. 19. At all times hereinafter mentioned, Defendant BROOKLYN COLLEGE listed an off-campus apartment as an appropriate residence for international students like Plaintiff, located at 1916 New York Avenue, Brooklyn, New York 11208, where she resided from October 2008 to mid-january,

7 Johnson\Verified Complaint\\Asny001\clients\EZE. SOF HIA\sUl REME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd 20. On December 2,2008, at approximately 4:30 pm., Plaintiff visited the BCCSS office, seeking the advice of BCCSS security personnel with respect to potentially criminal activity involving her ex-roommates and also involving her landlord at the time; specifically, Plaintiff suspected that she was being defamed on the Internet by her ex-roommates and that her landlord at the time had installed a hidden camera in bedroom (her suspicion was later confirmed, as a hidden camera was subsequently discovered in her bedroom). 21. At the aforementioned time, in the BCCSS office, in the presence of Defendants JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4, Plaintiff voiced her aforesaid suspicions to one of the JOHN DOE SECURITY OFFICERS, and asked for his advice as to how to deal with the situation. 22. In response to Plaintiffs query, said JOHN DOE SECURITY OFFICER directed Plaintiff to preapare a report and summoned Defendant ROBLES to the room. 23, Defendant ROBLES proceeded to ask Plaintiff a series of personal questions pertaining to her psychological state of mind, including but not limited to whether she suffered from any mental illness, whether she ever heard voices, whether she had any suicidal ideation and whether she thought of hurting herself. 24. Plaintiff responded to Defendant ROBLES that she had no history of mental illness, was not experiencing any psychological problems and had no intention or thought of hurting herself in any way. 25. Plaintiff proceeded to explain to Defendant ROBLES that as an international student, she merely sought advice as to how to properly address her aforementioned suspicious, and -5-

8 that she believed that the professional security personnel of her school, BROOKLYN COLLEGE, could offer her useful initial advice as to those suspicions. 26. Plaintiffs responses to Defendant ROBLES' questions fell on deaf ears, as for reasons unbeknownst to Plaintiff, Defendant ROBLES proceeded to call an ambulance to have Plaintiff taken and admitted to Kings County Psychiatric Hospital. 27. Plaintiff protested, stating that she did not need to go to the Hospital for any reason, and stated that rather than going to the Hospital, she no longer wished to be a student at BROOKLYN COLLEGE, and requested to leave the premises immediately. 28. Notwithstanding Plaintiffs protestations, she was restrained in the office of BROOKLYN COLLEGE against her will by Defendants SCOTT, ROBLES and said JOHN DOE SECURITY OFFICER and forcibly led into an ambulance. 29. ThereaRer, on the same date, accompanied by Defendant SCOTT in the ambulance, Plaintiff was taken to Kings County Psychiatric Hospital, located at 451 Clarkson Avenue, Brooklyn, New York 11203, and involuntarily committed thereat, against her will and without her consent. 30. As a result of the aforesaid conduct of said Defendants was involuntarily committed, was caused to be unwillingly and improperly detained at Kings County Psychiatric Hospital for a period of approximately two (2) weeks As a result of the aforesaid conduct of said Defendants, Plaintiff was deprived of her liberty and civil rights, and was made physically and emotionally ill and subjected to great -6-

9 lohnson\verified Complaint\\Asny001\clients\tiZE, SOPHIA\SUFXEhE COURT OF THE STATE OF NEW YORKCOUNW OF NEW YORK.wpd humiliation, loss of reputation, monetary and emotional damages and injured as further described hereinbelow. 32. As a result of the aforesaid conduct of said Defendants, Plaintiff was caused to be absent from school for a period of approximately two (2) weeks, and was further prevented from completing her final examinations in December 2008, which prevented her from finishing the first semester of her second year at BROOKLYN COLLEGE, which caused her monetary and emotional damages. 33. Thereafker, in January 2009, Plaintiff attempted to complete her final examinations and to obtain grades for the final credits that she had enrolled for, but Defendant MORALES of BROOKLYN COLLEGE, directed the professors of Plaintiff s courses not to permit her to complete the final examinations, and thereby terminated Plaintiff s enrollment at BROOKLYN COLLEGE. AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE AGAINST ALL DEENDANTS 34. Plaintiff repeats, reiterates and realleges each and every allegation contained in Paragraphs 1 through 33 hereof with the same full force and effect as if set forth at length herein. 35. At all times hereinafter mentioned, the Defendants owed a duty of care to Plaintiff as a duly enrolled student of BROOKLYN COLLEGE. -7-

10 ' lohnson\verified Complaint\VlsnyM)1\clients\Ee, SOPHIASUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW Y0RK.W 36. At all times hereinafter mentioned, Defendants owed a duty to the students of BROOKLYN COLLEGE, including Plaintiff, inter alia, to protect said students from unlawful and involuntary confinement and detention. 37. At all times hereinaftermentioned, Defendant BROOKLYN COLLEGE and Defendant GOULD, as President of same, had a duty to properly instruct and supervise the employees, servants and agents of BROOKLYN COLLEGE, including but not limited to Defendants BCCSS, WENZ, CHASE, HUNTER, GOMEZ, SCOTT, WEISS, ROBLES, JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4, to properly care for and protect the students of BROOKLYN COLLEGE, including Plaintiff. 38. At all times hereinafter mentioned, Defendant BCCSS had a duty to properly instruct and supervise its employees, servants and agents, including but not limited to Defendants WENZ, CHASE, HUNTER, GOMEZ, JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4, to properly care for and protect the students of BROOKLYN COLLEGE, including Plaintiff. 39. At all times hereinafiermentioned, Defendants WENZ, CHASE, HUNTER, GOMEZ had a duty to properly instruct and supervise the lower ranking employees, servants and agents of BCCSS, including but not limited to Defendants JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4, to properly care for and protect the students of BROOKLYN COLLEGE, including Plaintiff. 40. The acts committed by the Defendants and complained of by Plaintiff hereinabove, constituted a breach of said Defendants' aforestated duty of care to Plaintiff and other -8-

11 Johnson\Vedfied Complaint\\Asny001\clients\EZE, SOPHIASUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd aforesaid respective duties in that said Defendants negligently and grossly negligently failed and refused to follow proper procedures by, inter alia, physically restraining Plaintiff without probable cause or provocation, and then causing Plaintiff to be detained, imprisoned and involuntarily confined for approximately two (2) weeks in the Kings County Hospital Psychiatric Ward, an excessive amount of time, without justification and in violation of federal and state law. 41. At all times relevant herein, by undertaking the aforestated acts against Plaintiff as complained of hereinabove, the conduct of Defendants was the proximate cause of the damages alleged by the Plaintiff herein. 42. As a result of the foregoing conduct and acts of the Defendants, Plaintiff suffered serious physical, emotional, and monetary damages. 43. As a result of the foregoing, Plaintiff has been damaged in a sum that exceeds the jurisdiction of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENT HIRING AND SUPERVISION AGAINST DEFENDANTS BROOKLYN COLLEGE, GOULD, BCCSS. WENZ. CHASE. HUNTER AND GOMEZ 44. Plaintiff repeats, reiterates, and realleges each and every allegation contained in Paragraphs 1 through 43 hereof, with the same force and effect as if set forth fully at length herein. 45. Defendants BROOKLYN COLLEGE, GOULD and BCCSS negligentlyhired the Defendants WENZ, CHASE, HUNTER, GOMEZ, SCOTT, WEISS, ROBLES, JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4 and grossly -9-

12 Johnson\Verified Complaint\\Asny001~1ients\EZE, SOF HIA\sUFREhE COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd negligently failed to properly supervise said Defendants; and in so doing breached their respective duties of care to Plaintiff. 46. Defendants WENZ, CHASE, HUNTER and GOMEZ, negligently hired the Defendants JOHN DOE SECURITY OFFICERS NOS.: 1-4 and JANE DOE SECURITY OFFICERS NOS.: 1-4 and grossly negligently failed to properly supervise said Defendants; and in so doing breached their respective duties of care to Plaintiff. 47. At all times relevant herein, the acts complained of by Plaintiff herein are the direct and proximate result of the failure of the Defendants to properly select, train, supervise and discipline their employees agents and servants, and in particular the Defendants above named, in accordance with the statutes, ordinances, regulations, customs and usages of the State of New York and of the United States of America. 48. As a result of the foregoing conduct of the Defendants, Plaintiff suffered serious physical, emotional and monetary damages. 49. As a result of the foregoing, Plaintiff has been damaged in a sum that exceeds the jurisdiction of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION FOR 50. Plaintiff repeats, reiterates and realleges each and every allegation set forth in Paragraphs 1 through 49 hereof, with the same force and effect as if set forth fully at length herein. -10-

13 Johnson\Verified Complaint\\Asny001\clients\EZE. SOPHIAWPR~E COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd 51. At all times relevant herein, the acts committed by Defendants and complained of by Plaintiff herein constituted a breach of Defendants duty of care to Plaintiff in that the Defendants negligently and grossly negligently failed and refused to follow proper procedures with respect to Plaintiff, and were othawise negligent as stated herein. 52. Plaintiff was in the zone of danger at the time that the aforesaid acts complained of by Plaintiff were committed. 53. As a result of the foregoing conduct and acts of the Defendants, Plaintiff suffered severe mental distress. 54. By reason of the foregoing, Plaintiff has suffered damages in a sum that exceeds the jurisdiction of all lower courts AS AND FOR A FOURTH CAUSE OF ACTION FOR VIOLATION OF PLAINTIFF S CIVIL RIGHTS PURSUANT TO 42 U.S.C Plaintiff repeats, reiterates, and realleges each and every allegation contained in Paragraphs 1 through 54 hereof, with the same force and effect as if set forth fully at length herein. 56. On December 2,2008, at approximately 4:30 p.m., Plaintiff was unlawfully restrained and detained by the Defendants in the said office at BROOKLYN COLLEGE and was caused to be involuntarily committed at Kings County Psychiatric Hospital, without provocation or justification by force and against her will, notwithstanding her denial of any psychological issues, protestations and requests to be released

14 Johnson\Venfied Complaint\\Asny001\clients~E, SOPHIAWJ~ COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd 57. Defendants deliberately, wilfully and maliciously engaged in the aforestated conduct with respect to Plaintiff without just cause or provocation and intentionally inflicted severe mental and emotional distress upon said Plaintiff without any justification, and without Plaintiffs consent, and thereby violated said Plaintiff's civil rights guaranteed by 42 U.S.C. Sec. 1983, and by the Fourth, Fifkh, Sixth, Eighth and Fourteenth Amendments of the Constitution ofthe United States, and by the Constitution of the State of New York 58. At all times hereinabove described, Plaintiff was falsely imprisoned by Defendants and held by force and against her will, notwithstanding her denial of any wrongdoing; as Defendants deliberately, wilfully and maliciously confined Plaintiff in the said office at BROOKLYN COLLEGE and later at the Kings County Hospital Psychiatric Ward without just cause or provocation and intentionally inflicted severe mental and emotional distress upon Plaintiff; and without Plaintiffs consent, and thereby violated Plaintiffs civil rights guaranteed by42 U.S.C. Sec. 1983, and by the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments of the Constitution of the United States, and by the Constitution of the State of New York. 59. Defendants BROOKLYN COLLEGE and BCCSS are also liable for civil rights violations of Plaintiff under a custom or policy of BCCSS and its personnel, including Defendants named herein, of profiling Nigerian females, who do not speak English as a first language, like Plaintiff herein, as having potential psychological problems requiring involuntary confinement. 60. By reason of the foregoing, Plaintiff was falsely imprisoned, detained, -12-

15 . lohnson\vedfied Complaint\\Asny001\clients~, SOF'HIASWPRI3ME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd involuntarily confined, had excessive force applied against her, and deprived of her liberty and civil rights interests by Defendants, and was subject to nightmares and subjected to ridicule, humiliation and loss of reputation. 61. At all times relevant hereto, the aforesaid acts complained of by Plaintiff herein were committed by Defendants and were undertaken by Defendants, while acting in the scope as agents, servants and employees of the Defendants BROOKLYN COLLEGE and BCCSS; and as such, Defendants BROOKLYN COLLEGE and BCCSS are therefor by law responsible, jointly and severally, for the conduct of said Defendants and their agents, servants and employees. 62. Each and all of the acts of said Defendants and their agents, servants and employees alleged herein, were undertaken by said Defendants, and each of them, not as individuals, but under color and pretense of the statutes, ordinances, regulations, customs, usages and policy of the State and City of New York, and under the authority of their employment by Defendants BROOKLYN COLLEGE and BCCSS. 63. That by reason of the above acts andor omissions of Defendants, Plaintiff was forced to undergo physical pain and suffering, emotional distress, humiliation, damage to reputation, embarrassment, nightmares, the inability to sleep and suffered monetary damages. 64. As a result of the foregoing, Plaintiff has been damaged in a sum that exceeds the jurisdiction of all lower courts. 65. Defendants' aforesaid actions were so wanton and malicious and in violation of the public trust that an award of punitive damages should be assessed against the Defendants pursuant to 42 U.S.C. $1983 in a sum that exceeds the jurisdiction of all lower courts. -13-

16 Johnson\Verified Complaint\\Asny001\clients\EZE, SOPHIAEUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK.wpd 66. By reason of the foregoing, Plaintiff demands an award of attorneys fees in an amount to be determined at the time of trial pursuant to 42 U.S.C. $1988. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally on the First, Second, Third and Fourth Causes of Action in a sum that exceeds the jurisdiction of all lower courts, with attorney's fees, punitive damages, plus interest from December 2,2008, costs and disbursements and such other relief as is just and proper. Dated: New York, New York January 3,201 1 ANDREW J. SPINNELL, LLC Attorneys for Plaintiff 286 Madison Avenue, 21" Floor New Y ork, New Y ork (2 12)

17 Johnson\Verified Complaint\\Asny001\clients\EZE, SOPHIA\SUPREME COURT OF THE STATE OF NEW YORKCOWNTY OF NEW YORK.wpd VERIFICATION STATE OF NEW YORK ) ) S.S. : COUNTY OF NEW YORK ) I, CHINEMEREM EZE, being duly sworn, depose and say: I am the Plaintiff in the within action; I have read the foregoing Complaint, and know the contents thereof; and the same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. C~EMEREM EZE -15-

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