FILED: NEW YORK COUNTY CLERK 12/19/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/19/2017

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PATRICIA RYBNIK, Plaintiff, -against- Index No /2016 MW 303 Corp. d/b/a MANHATTAN WEST HOTEL CORP., CYMO TRADING CORP., DANIEL DANSO, YOUNG SOON AMENDED COMPLAINT LIM and, JOEL LIM, Defendants. Plaintiff PATRICIA RYBNIK, by and through her attorneys, JAFFE GLENN LAW GROUP, P.A., complaining of the Defendants, hereby alleges as follows: 1. This is an action alleging sexual harassment, sexual discrimination and unlawful retaliation in employment in violation of the New York State Human Rights Law ("NYSHRL") and the New York City Human Rights Law ("NYCHRL"). This action also seeks redress for breach of contract and for common law tort negligent supervision and retention. Venue is based upon the residence of the plaintiff and the place the misconduct occurred. PARTIES 2. Plaintiff PATRICIA RYBNIK (hereinafter "Plaintiff") resides in the County of Queens, State of New York. 3. Defendant MW 303 CORP., d/b/a MANHATTAN WEST HOTEL CORP., (hereinafter I 1 of 11

2 "MW Hotel" "Hotel" or "Hotel") is, upon information and belief, a hotel in New York County, New York, New York. 4. Defendant JOEL LIM (hereinafter "Joel Lim"), at all relevant times, was the owner/manager of Hotel. Joel Lim was responsible for the management and day to day operations of Hotel. 5. Defendant YOUNG SOON LIM (hereinafter "Soon Lim"), who, upon information and belief is Defendant Joel Lim's brother-in-law, was a co-worker of Plaintiff's, from Plaintiff's hire in December 2014, until February 29, Defendants Hotel, Joel Lim, and Soon Lim are herein collectively referred to as Defendants. 7. By virtue of his familial relationship with Defendant Joel Lim as well as his tenure at the hotel, Plaintiff believed that Soon Lim was Plaintiff's senior and that he was regularly overseeing Plaintiff's work. 8. This Court has personal jurisdiction over Defendants pursuant to CPLR 301 and 302. Defendants conduct regular and substantial business within New York State and maintain offices in New York and New Jersey. Defendants' wrongful acts or omissions were committed in New York County and/or caused injury to Plaintiff within New York County. 9. This Court has personal jurisdiction over Defendant Soon Lim under CPLR 301. Defendant Soon Lim is domiciled in New York State. 10. This Court has personal jurisdiction over Defendant Lim's wrongful acts or omissions which were committed in New York County and/or caused injury to Plaintiff within New York County. 11. As well, Defendants regularly do or solicit business, engage in a persistent course of conduct, and/or derive substantial revenue from goods used or services rendered in New York County 2 of 11

3 and in New York State. 12. Venue belongs in New York County. Plaintiff resides in New York County and Defendants operate a business in the County and/or committed the alleged acts in the County. BACKGROUND AND FACTS 13. Plaintiff was hired by Defendant Joel Lim in or about December, 2014, as a front desk, Guest Services Associate. 14. At all times during her employment, Plaintiff performed her duties in an excellent and professional manner. Throughout Plaintiff's employment with Defendant Hotel, Defendant Joel Lim did not issue Plaintiff any warnings regarding poor performance with Defendant Hotel. 15. Continuing for most of Plaintiff's employment and until her wrongful termination, D e fe n d a n t Soon Lim engaged in a repeated pattern of unwelcome and unlawful sexual harassment and abuse that altered the terms and conditions of Plaintiff's employment. 16. Specifically, Defendant Soon Lim and an employee who worked the night shift along with Plaintiff and Defendant Soon Lim, Daniel Danso, unlawfully touched Plaintiff, as well as barraged Plaintiff with descriptions of their sexual exploits, using vulgar, lewd and disgusting language which shocked Plaintiff's conscience and embarrassed and humiliated her. 17. Plaintiff made it known at all times to Daniel Danso and Defendant Soon Lim that their conduct towards her was unwelcome, but they nevertheless continued this course of conduct. 18. Daniel Danso and Defendant Soon Lim physically forced themselves onto Plaintiff routinely, and more specifically, regularly forcefully hugged Plaintiff and pressed themselves against Plaintiff's breasts and frequently stated that they wanted to "rub up against [Plaintiff's] ass" and in fact regularly did so. 3 of 11

4 19. Daniel Danso and Defendant Soon Lim would also touch Plaintiff's rear end when she leaned over. 20. Daniel Danso and Defendant Soon Lim hovered over Plaintiff whenever she was sitting, looking and pointing at Plaintiff's breasts. 21. Defendant S o o n L i m would regularly pull up pictures from the i n t e r n e t on his computer of w o m e n ' s nipples and women pulling up their skirts to show their vaginas and show them to Plaintiff for Plaintiff to see. 22. D e f e n d a n t S o o n L i m told plaintiff that he had a nine ( 9 ) inch penis and that he could please her. 23. Plaintiff almost immediately and repeatedly, told Daniel Danso and Defendant Soon Lim that their conduct was abusive, inappropriate, and caused her to be extremely uncomfortable. 24. Defendant Hotel did not have an employee manual, a procedure, or Plaintiff was not made aware of same, by which employees were to bring their workplace complaints. 25. Therefore, after innumerable attempts on her own to try to stop Danso and Defendant Soon Lim from their explicit sexual harassment, battery, and degradation, Plaintiff reported the illegal actions directly to Defendant Joel Lim, even though Plaintiff was aware that Defendant Joel Lim routinely observed the harassing inappropriate behavior first hand and did nothing about it. 26. Defendant Joel Lim laughed at Plaintiff's complaints about Defendant Soon Lim and Danso's conduct and to her knowledge did nothing about it. 27. Rather, Defendant Joel Lim also began getting uncomfortably close to Plaintiff, wherein he touched or brushed against Plaintiff's breasts while he was explaining tasks and job duties to 4 of 11

5 Plaintiff. 28. Further, Defendant Joel Lim constantly told Plaintiff to dress sexier, to wear short skirts and tank tops like his accountant. Defendant Joel Lim, knowing that Plaintiff needed her job, participated in the lewd and harassing behavior instead of investigating it and ensuring it stopped. 29. Defendant Soon Lim's sexual harassment continued on a daily basis. 30. Plaintiff continually asked Defendant Soon Lim to stop and complained to Defendant Joel Lim on a regular basis, that what was going on in the Hotel, and Defendant Joel Lim's refusal to stop the harassment and his participation in it, was illegal. 31. After approximately one year and three months and a post complaint promotion of Plaintiff by Defendant Joel Lim, and Plaintiff's complaints to Defendant Joel Lim about the illegal behavior, Defendant Joel Lim got tired of Plaintiff's requests for the harassing abusive behavior to stop, and instead Defendant Joel Lim fired Plaintiff. AS AND FOR A FIRST CAUSE OF ACTION VIOLATION OF NEW YORK CITY AND/OR NEW YORK STATE HUMAN RIGHTS LAW SEXUAL HARASSMENT AND SEX DISCRIMINATION: HOTEL AND JOEL LIM 32. Plaintiff re-alleges and incorporates by reference all allegations set forth in this Amended 33. From 2014, through 2016, Defendant Soon Lim subjected Plaintiff to sexual harassment and to a sexually hostile work environment. 34. Despite Plaintiffs repeated requests, Hotel and Joel Lim failed to take appropriate action to protect Plaintiff from being unlawfully harassed by Defendant Soon Lim. 5 of 11

6 Plaintiff FILED: NEW YORK COUNTY CLERK 12/19/ :09 PM INDEX NO / Defendants Hotel and Joel Lim condoned Defendant Soon Lim's unlawful harassment of Plaintiff by failing to conduct or complete an investigation of Plaintiff's complaint of sexual harassment. 36. Defendant Joel Lim also aided and abetted Hotel's unlawful conduct. 37. Defendants Hotel and Joel Lim acted with malice and reckless indifference to Plaintiff's rights under the anti-discrimination provisions of the NYCHRL and the NYSHRL. 38. Plaintiff has lost wages and other benefits and compensation and has suffered and continues to suffer mental anguish, emotional distress, humiliation, and other compensable injuries as a result of the unlawful conduct of Defendants Hotel and Joel Lim. AS AND FOR A SECOND CAUSE OF ACTION VIOLATION OF NEW YORK CITY AND/OR NEW YORK STATE HUMAN RIGHTS LAW SEXUAL HARASSMENT SOON LIM AND JOEL LIM 39. Plaintiff re-alleges and incorporates by reference all allegations set forth in this Amended 40. Defendants Soon Lim and Joel Lim are directly liable for sexually harassing Plaintiff and subjecting her to a sexually hostile work environment. 41. Defendants Soon Lim and Joel Lim are also liable for aiding and abetting Hotel and Joel Lim's sexual harassment of Plaintiff. 42. Defendants Soon Lim and Joel Lim acted with malice and reckless indifference to Plaintiff's rights to be free of unlawful harassment in the workplace. 43. Plaintiff has lost wages and other benefits and compensation and has suffered and continues to suffer mental anguish, emotional distress, humiliation, and other compensable injuries as a result of the unlawful conduct of Defendants Joel Lim and Soon Lim. 6 of 11

7 AS AND FOR A THIRD CAUSE OF ACTION VICARIOUS LIABILITY: HOTEL AND JOEL LIM 44. Plaintiff re-alleges and incorporates by reference all allegations set forth in this Amended 45. In addition to Defendant Joel Lim's own abusive and harassing conduct to Plaintiff, Defendant Joel Lim knew of Defendant Soon Lim's abusive and harassing conduct toward Plaintiff. 46. Upon information and belief, Defendant Soon Lim had a long history of abusive conduct that predated Plaintiff's employment with Defendants. 47. In order to cover up Soon Lim's harassment and abuse of Plaintiff and to give the appearance that Soon Lim's conduct toward Plaintiff was not taking place, Defendants determined to maintain the status quo by requiring Plaintiff to continue working with Soon Lim and taking no action to prevent Soon Lim's conduct toward Plaintiff from taking place. 48. The course of action chosen by the Defendants assured that Soon Lim's abusive and harassing conduct toward Plaintiff would continue. 49. The foregoing actions by the Defendants, among others, caused Plaintiff grave injury and damage to her person, property and employment. AS FOR A FOURTH CAUSE OF ACTION BREACH OF CONTRACT: HOTEL AND JOEL LIM 50. Plaintiff re-alleges and incorporates by reference all allegations set forth in this Amended 7 of 11

8 51. Upon information and belief, the Plaintiff's employment with the Defendants was and is subject to a contract of employment which covers the terms and conditions of Plaintiff's employment, including implicitly a prohibition on sexual harassment contained in the implied covenant of good faith and fair dealing in the contract. 52. By their conduct, Defendants defaulted completely on their obligations under the contract. They breached their covenant of good faith and fair dealing in their employment contract with Plaintiff. They imposed undue burdens on the performance of Plaintiff's duties under the employment contract, denied her service and support and a safe place of employment within which to perform her duties. 53. Upon information and belief, there is either an express and/or implied condition that no retaliation or other adverse employment action be taken against the Plaintiff as a result of her making complaints about sexual harassment in the workplace. 54. Defendants have threatened and did eventually discharge the Plaintiff from her position because of her complaints regarding Lim and Soon Lim. 55. The foregoing breach of contract has damaged the Plaintiff professionally, in her employment, in her person, property and denied her the benefits of her agreement. AS AND FOR A FIFTH CAUSE OF ACTION NEGLIGENT SUPERVISION AND RETENTION: HOTEL AND JOEL LIM 56. Plaintiff re-alleges and incorporates by reference all allegations set forth in this Amended 57. Defendants Hotel and Joel Lim were on notice of Joel Lim's and Soon Lim's propensity to harass and otherwise harm Plaintiff. 8 of 11

9 58. Defendants Hotel and Joel Lim acted with gross negligence in their supervision and retention of Soon Lim and Joel Lim as senior workers and supervisors to Plaintiff so as to prevent them from harassing and otherwise deliberately harming Plaintiff. 59. Defendants Hotel and Joel Lim breached the duty of care they owed to Plaintiff to safeguard her from harm deliberately inflicted upon her by her co-workers and superiors. 60. As a result of Defendants' Defendants gross negligence, Soon Lim and Joel Lim harassed and intimidated Plaintiff causing ongoing severe emotional distress. AS AND FOR A SIXTH CAUSE OF ACTION RETALIATION: HOTEL AND JOEL LIM 61. Plaintiff incorporates and re-alleges all allegations as fully set forth in the Amended 62. Plaintiff engaged in protected activity by relating to Joel Lim and Hotel her complaints of sexual harassment. 63. In retaliation for engaging in such protected activity, Joel Lim and Hotel terminated Plaintiff's employment. 64. In addition to his direct liability for unlawfully retaliating against Plaintiff, Joel Lim aided and abetted Hotel's retaliation. 65. Hotel and Joel Lime acted with malice and reckless indifference to Plaintiff's rights under the antiretaliation provisions of the NYCHRL and NYSHRL. 67. Plaintiff has lost wages and other benefits and compensation, and has suffered and continues to suffer mental anguish, emotional distress, humiliation and other compensable injuries as a result of the unlawful conduct of Hotel and Joel Lim. 9 of 11

10 WHEREFORE, Plaintiff demands judgment against Defendants as follows: a. Declaring the acts and practices complained of herein to be violations of the New York City Human Rights Law and New York State Human Rights Law; b. Enjoining and permanently restraining these violations of law; c. Directing Hotel to take such affirmative action as is necessary to ensure that the effects of these unlawful employment practices are eliminated; d. Directing Defendants to place Plaintiff in the position she would have occupied but for Defendants' unlawful conduct, and making her whole for all earnings and other benefits she would have received but for Defendants' Defendants unlawful conduct, including but not limited to wages, commissions, other lost benefits, loss of good will and interest thereon; e. directing Defendants to pay Plaintiff compensatory damages, including damages for her mental anguish, denial of life's pleasures, pain and suffering and humiliation, as well as punitive damages; f. Awarding Plaintiff the costs of this action together with reasonable attorney's fees; g. Granting such other relief as this Court deems necessary and proper. 68. Plaintiff demands a jury trial with respect to all claims which may be so tried. Dated: New York, New York December 18, 2017 Respectfully, s/ Jodi J. Jaffe Jodi J. Jaffe, Esq. jjaffe@jaffeglenn.com New York Bar No.: JAFFE GLENN LAW GROUP, P.A N. Harrison Street, Ste. 9F, ¹ of 11

11 Princeton, New Jersey Telephone: (201) Facsimile: (201) Attorneys for Plaintiff of 11