SUPREME COURT OF THE STATE OF NEW YORK Index No.: 451193/2015 COUNTY OF NEW YORK ------------------------------------------------------------------X Date Purchased: July 17, 2013 FEROZ ALAM, Plaintiff designates New York County as Plaintiff, the place of trial. -against- The basis of the venue is location of occurrence SUPPLEMENTAL THE CITY OF NEW YORK, SUMMONS MICHAEL WOLKWITZ and SAINT LUKE S ROOSEVELT HOSPITAL CENTER Feroz Alam A/K/A MOUNT SINAI ST. LUKE S AND resides at 3058 Godwin Terrace MOUNT SINAI WEST, Bronx, New York 10463 Defendants. --------------------------------------------------------------------X County of Bronx TO EACH OF THE ABOVE-NAMED 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) attorneys within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after service is completed if this summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Dated: New York, New York November 29, 2017 Yours, etc., Defendants Addresses: Daniel Melucci, Esq. Melucci Firm, P.C. The City of New York 1100 Franklin Avenue, Suite 305 100 Church Street Garden City, New York 11530 New York, New York 10007 (347) 745-5550
Michael Wolkwitz 1111 Amsterdam Avenue New York, New York 10025 Saint Luke s Roosevelt Hospital Center a/k/a Mount Sinai St. Luke s and Mount Sinai West 1111 Amsterdam Avenue New York, New York 10025
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X FEROZ ALAM, AMENDED VERIFIED COMPLAINT Plaintiff, Index No.: 451193/2015 -against- THE CITY OF NEW YORK, MICHAEL WOLKWITZ and SAINT LUKE S ROOSEVELT HOSPITAL CENTER A/K/A MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, Defendants. ---------------------------------------------------------------------X Plaintiff, FEROZ ALAM, by his attorney, Melucci Firm, P.C., complaining of the defendants, THE CITY OF NEW YORK, MICHAEL WOLKWITZ and SAINT LUKE S ROOSEVELT HOSPITAL CENTER A/K/A MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, respectfully alleges, upon information and belief, as follows: 1. That at all times herein mentioned, plaintiff, FEROZ ALAM, resides at 3058 Godwin Terrace, County of Bronx, State of New York. 2. That on July 20, 2012, and at all times hereinafter mentioned, defendant THE CITY OF NEW YORK was and still is a domestic municipal corporation. 3. That on July 20, 2012, and at all times hereinafter mentioned, the New York City Police Department is a department of the defendant THE CITY OF NEW YORK. 4. That on July 20, 2012, and at all times hereinafter mentioned, SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, was a domestic corporation doing business in the State of New York.
5. That on July 20, 2012, and at all times hereinafter mentioned, SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, was a foreign corporation doing business in the State of New York. 6. That on July 20, 2012, and at all times hereinafter mentioned, SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, was a partnership doing business in the State of New York. 7. That on July 20, 2012, and at all times hereinafter mentioned, SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, was a sole proprietorship doing business in the State of New York. 8. That on July 20, 2012, and at all times hereinafter mentioned, the defendant MICHAEL WOLKWITZ was an employee of the defendant SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST. 9. That prior hereto on or about October 16, 2012, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with plaintiff s demands for adjustment thereof was duly served on the claimant s behalf on the Comptroller of the City of New York and that thereafter said Comptroller for the City of New York refused or neglected for more than thirty (30) days and up to the commencement of this action to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 10. The testimony of plaintiff, FEROZ ALAM, was neither requested nor taken on behalf of the Comptroller s Office pursuant to Section 50H of the General Municipal Law. 11. That this action has been commenced within one (1) year and ninety (90) days after the plaintiff s cause of action accrued.
12. That all conditions precedent to instituting suit have been met including but not limited to the statutory hearing requirements pursuant to the General Municipal Law of the State of the New York. 13. That on the 20 th day of July 2012, plaintiff, FEROZ ALAM, was lawfully at his place of employment at Lincoln Cinema Associates, 1886 Broadway, New York, New York 10463. 14. That on the 20th day of July 2012, while plaintiff was conducting himself in a peaceful and reasonable manner, he was attacked and struck, beaten and battered by agents, servants and/or employees of the defendant THE CITY OF NEW YORK and, in particular, the Fire Department of the City of New York. 15. That on the 20th day of July 2012, while plaintiff was conducting himself in a peaceful and reasonable manner, he was attacked and struck, beaten and battered by agents, servants and/or employees of the defendant SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST. 16. That on the 20th day of July 2012, while plaintiff was conducting himself in a peaceful and reasonable manner, he was attacked and struck, beaten and battered by defendant MICHAEL WOLITZ, an agent, servant and/or employee of SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST. 17. As a result of being negligently and intentionally attacked and struck, beaten and battered, defendant s EMS worker, MICHAEL WOLKITZ caused the plaintiff to sustain personal injuries. 18. That as a result of the unlawful assault and battery of the plaintiff, plaintiff sustained severe and grievous bodily injuries, pain, suffering, loss of enjoyment of life, medical
and hospital expenses and will upon information and belief, continue to suffer such injuries, disabilities and expenses substantially into the future. 19. That as a result of the this unlawful assault and battery, plaintiff suffered great physical pain and suffering and emotional distress, all of which he is informed and verily believes are of a permanent, protracted and lasting nature all to his damage in an amount which exceeds the jurisdictional limits of all lower courts. 20. That as a result of the foregoing, plaintiff, FEROZ ALAM, has sustained serious, severe and permanent personal injuries and damages in an amount which exceeds the jurisdictional limits of all lower courts. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF, FEROZ ALAM 21. Plaintiff repeats, reiterates and realleges each and every allegation set forth above with the same force and effect as if restating each and every paragraph at length. 22. That on July 20, 2012, subsequent to plaintiff being assaulted and battered, he was handcuffed and falsely arrested and brought to the 20 th Precinct where he was improperly taken into custody by agents, servants and/or employees of the defendant THE CITY OF NEW YORK and the New York City Police Department. 23. That on July 20, 2012, defendant, CITY OF NEW YORK, did not have the legal authority to seize or detain plaintiff. 24. That on July 20, 2012, defendant, CITY OF NEW YORK, did not have probable cause to arrest plaintiff. 25. That on July 20, 2012, defendant, CITY OF NEW YORK, by its agents, servants and/or employees of the New York City Police Department, without any warrant or
authority of law and wrongfully, unlawfully against plaintiff s will and without probable cause, forcibly seized, arrested and detained plaintiff. 26. That as result of the actions of the defendant, by its agents, servants and/or employees, plaintiff was rendered sick, sore, lame and disabled, has required medical treatment for the injuries sustained in the vicious attack, and has upon information and belief sustained severe emotional and psychological injuries which he has been informed are of a permanent, progressive, disabling and deteriorating nature. 27. That the plaintiff has incurred hospital and medical expenses and has been deprived of attending to his usual duties and vocation as a result of the actions of the defendant, its agents, servants and/or employees. 28. That as a result of the aforementioned false arrest, plaintiff has sustained damages in an amount which exceeds the jurisdictional limits of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF, FEROZ ALAM 29. Plaintiff repeats, reiterates and realleges each and every allegation set forth above with the same force and effect as if each and every paragraph were restated at length. 30. That in addition to plaintiff being assaulted and battered, falsely arrested, he was unlawfully and wrongly detained, interrogated, harassed, handcuffed, threatened and falsely imprisoned which deprived him of his liberty and freedom. 31. That plaintiff was conscious of his arrest, confinement and detention. 32. That at no time did plaintiff consent to his arrest, confinement and detention. 33. At the time of plaintiff s arrest, and during the period of plaintiff s confinement, defendants, THE CITY OF NEW YORK, SAINT LUKE S ROOSEVELT HOSPITAL CENTER
a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST and MICHAEL WOLKWITZ, by their agents, servants and/or employees, knew or should have known of the unlawfulness, falsity and lack of probable cause for plaintiff s arrest and imprisonment and willfully, wrongfully, and maliciously refused to release plaintiff from his unlawful confinement with careless, reckless, wanton and malicious disregard of the rights of the plaintiff. 34. That as a result of plaintiff s detention and imprisonment, plaintiff was caused to sustain and suffer physical and psychological injuries; he has suffered and will continue to suffer physical pain, mental anguish and emotional harm; all of which he has been informed are of a permanent, protracted and lasting nature and damaging him in an amount which exceeds the jurisdictional limit of all lower courts. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF, FEROZ ALAM 35. Plaintiff repeats, reiterates and realleges each and every allegation set forth above with the same force and effect as if each and every paragraph were restated at length. 36. That the action of the defendants, THE CITY OF NEW YORK, including its department the NEW YORK CITY POLICE DEPARTMENT; MICHAEL WOLKWITZ; and SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, their agents, servants and/or employees in arresting the plaintiff by using intentionally and willfully use excessive force and/or life threatening force, were wrongful, unjustified, malicious and calculated to cause severe pain, suffering and disability. 37. That as a result of the excessive force, plaintiff was caused to sustain and suffer physical and psychological injuries; he has suffered and will continue to suffer physical pain, mental anguish and emotional harm; all of which he has been informed are of a permanent,
protracted and lasting nature and damaging him in an amount which exceeds the jurisdictional limit of all lower courts. AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF, FEROZ ALAM 38. Plaintiff repeats, reiterates and realleges each and every allegation set forth above with the same force and effect as if each and every paragraph were restated at length. 39. That the conduct of the defendants, THE CITY OF NEW YORK, including its department the NEW YORK CITY POLICE DEPARTMENT; MICHAEL WOLKWITZ; and SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, by its police officers, emergency medical service workers, agents, servants and/or employees was so outrageous and shocking that it exceeded all reasonable bounds of decency. 40. That the aforesaid conduct and acts of the police officers and emergency medical service workers was done with the interest and desire to cause great severe, mental and emotional distress to plaintiff or under circumstances known to said police officers and emergency medical service workers which made it substantially certain that such result would follow and occur and such actions were performed recklessly and with utter disregard of the consequences that might follow. 41. That as a result of the foregoing, plaintiff sustained and suffered physical and psychological injuries; he has suffered and will continue to suffer physical pain, mental anguish and emotional harm; all of which he has been informed are of a permanent, protracted and lasting nature and damaging him in an amount which exceeds the jurisdictional limit of all lower courts.
AS AND FOR SIXTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF, FEROZ ALAM 42. Plaintiff repeats, reiterates and realleges each and every allegation set forth above with the same force and effect as if each and every paragraph were restated at length. 43. That the acts committed by the defendants, THE CITY OF NEW YORK, and/or NEW YORK CITY POLICE DEPARTMENT, MICHAEL WOLKWITZ and SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, their agents, servants and/or employees, were unnecessary, unjustified and unwarranted actions that occurred in the performance of their duties and within the scope of their employment as New York City police officers and emergency medical service workers with defendants, THE CITY OF NEW YORK, and/or NEW YORK CITY POLICE DEPARTMENT and/or MICHAEL WOLKWITZ and/or SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, constituted an abuse of authority under color of state law. 44. That the actions of the defendant, THE CITY OF NEW YORK, and/or NEW YORK CITY POLICE DEPARTMENT, MICHAEL WOLKWITZ and SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, deviated egregiously from statutory requirements and/or the accepted practices in criminal cases. 45. That by reason of the actions set forth above, defendants acted unlawfully and under color of state law subjected and caused to subject plaintiff to the deprivation of his civil rights to which he is entitled by law, including violations of the first, fourth, fifth, eighth and fourteenth amendments to the United States Constitution, Title 42 U.S.C. 1983 and 1985, and
Article 1 of the New York State Constitution and New York State Statutes. 46. By reason of the aforesaid occurrence and the injuries which plaintiff sustained thereby, he was caused to sustain and suffer physical and psychological injuries; he has suffered and will continue to suffer physical pain, mental anguish and emotional harm; he has been and will be put to great expense in an effort to be cured of his said injuries; he has been and will be prevented from attending to his usual and customary activities and educational pursuits; he has suffered and will continue to suffer pecuniary loss thereby; and his said injuries are permanent in nature. 47. That as a result of plaintiff s deprivation of his civil rights, plaintiff has sustained damages in an amount which exceeds the jurisdictional limits of all lower courts. WHEREFORE, plaintiff demands judgment against the defendants, THE CITY OF NEW YORK, MICHAEL WOLKWITZ and THE CITY OF NEW YORK, including its department the NEW YORK CITY POLICE DEPARTMENT; MICHAEL WOLKWITZ; and SAINT LUKE S ROOSEVELT HOSPITAL CENTER a/k/a MOUNT SINAI ST. LUKE S AND MOUNT SINAI WEST, as follows: in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts; in the Second Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts; in the Third Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts; in the Fourth Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts; in the Fifth Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts; in the Sixth Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts, together with interest from the 20th day of July 2012, plus costs and disbursements of this action.
Dated: New York, New York November 29, 2017 Yours, etc. Daniel Melucci, Esq. Melucci Firm, P.C. Attorney for Plaintiff Office & P.O. Address: 1100 Franklin Avenue, Suite 305 Garden City, New York 11530 (347) 745-5550
ATTORNEY VERIFICATION State of New York } } ss.: County of Nassau } DANIEL MELUCCI, an attorney at law, duly admitted to practice law in the Courts of the State of New York, affirms the truth of the following, pursuant to the penalties of perjury: 1. I am a member of Melucci Firm, P.C., the attorney for the plaintiff in the aboveentitled action. I have read the foregoing Summons and Complaint and know the contents thereof. Same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matter, I believe them to be true. 2. That the reason this verification is made by affirmant and not by the plaintiff is that the plaintiff does not reside in the County wherein his attorney maintains his offices. 3. That the source of affirmant's information and grounds therefor are communication, papers, reports and investigations contained in affirmant's records and file. Dated: New York, New York November 29, 2017 Daniel Melucci