SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X SCOTT CONLON, -against- Plaintiff, INDEX # VERIFIED COMPLAINT LIZZIE GRUBMAN and ALLEN J. GRUBMAN, Defendants. -------------------------------------------------------------------X Plaintiff, by his attorney Mc Carthy & Modelewski, as and for a Complaint against the defendants alleges the following: PARTIES AND BACKGROUND FACTUAL ALLEGATIONS 1. Plaintiff SCOTT CONLON was and still is a resident of the State of New York, County of Suffolk. 2. SCOTT CONLON is a certified teacher in the State of New York, specializing in health education, physical education and special education, who teaches school in Suffolk County. 3. Defendant LIZZIE GRUBMAN was and still is a resident of the State of New York. 4. LIZZIE GRUBMAN is upon information and belief, a publicist and an owner or principal in Lizzie Grubman Public Relations, Inc. and / or Lizzie Grubman / Perry Siegal Public Relations, both of which are described on internet websites bearing
the aforestated business names as one of the most visible PR firms in the competitive New York market and having a prestigious, high-profile clientele. 5. LIZZIE GRUBMAN has a business address at 270 Lafayette Street, Suite 404 in New York City. 6. Upon information and belief, prior to July 7, 2001, LIZZIE GRUBMAN had a personal, intimate relationship with Andrew Sasoon, believed to be an owner or investor in a nightclub in Bridgehampton, New York known as the Conscience Point Inn. 7. Upon information and belief, prior to July 7, 2001, LIZZIE GRUBMAN had a personal, friendly relationship with William Masterson, Jason Strauss, Noah Tepperberg and Michael Ray, each believed to be an owner or investor in the Conscience Point Inn. 8. Upon information and belief, Conscience Point Inn is a client of Lizzie Grubman Public Relations, Inc. and / or Lizzie Grubman / Perry Siegal Public Relations, it therefore being alleged that LIZZIE GRUBMAN had, on July 7, 2001, and continues to have, a business relationship with Conscience Point Inn and / or its individual owners and investors. 9. Upon information and belief, LIZZIE GRUBMAN has a business relationship and a personal friendly relationship with Mike Heller and individuals known only as David and Neal, who promote nightclub business at the Conscience Point Inn. 10. Upon information and belief, LIZZIE GRUBMAN consumed alcohol within eight hours of the incident complained of herein.
11. Upon information and belief, LIZZIE GRUBMAN was seen by others consuming alcohol within eight hours of the incident complained of herein. 12. Upon information and belief, LIZZIE GRUBMAN consumed illegal drugs within eight hours of the incident complained of herein. 13. Upon information and belief, LIZZIE GRUBMAN was seen by others consuming illegal drugs within eight hours of the incident complained of herein. 14. Upon information and belief, on the night of July 6, 2001, or the early morning of July 7, 2001, LIZZIE GRUBMAN had an argument with Andrew Sasoon. 15. Upon information and belief, on the night of July 6, 2001, or the early morning of July 7, 2001, LIZZIE GRUBMAN was observed by others having an argument with Andrew Sasoon. 16. Upon information and belief, on the night of July 6, 2001, or the early morning of July 7, 2001, LIZZIE GRUBMAN visited a Bridgehampton nightclub known as Jet East. 17. Upon information and belief, on the night of July 6, 2001, or the early morning of July 7, 2001, LIZZIE GRUBMAN was seen by others visiting a Bridgehampton nightclub known as Jet East. 18. Upon information and belief, a Bridgehampton nightclub known as Jet East is and was owned by all or most of the owners of Conscience Point Inn, including Andrew Sasoon.
19. Upon information and belief, on the night of July 6, 2001, or the early morning of July 7, 2001, LIZZIE GRUBMAN visited a private party in eastern Suffolk County, New York. 20. Defendant ALLEN J. GRUBMAN was and still is a resident of the State of New York. 21. ALLEN J. GRUBMAN is an attorney admitted to practice law in the State of New York. 22. ALLEN J. GRUBMAN is listed in the National Law Journal Profiles in Power (Year 2000) as one of the 100 most influential lawyers in America. 23. ALLEN J. GRUBMAN maintains an office for the practice of law at 152 West 57 th Street in New York City. AS AND FOR A FIRST CAUSE OF ACTION AGAINST BOTH DEFENDANTS 24. Plaintiff repeats, re-alleges and reiterates each and every allegation in the complaint from 1 to 23 inclusive with the same force and effect as if more fully set out herein at length. 25. On or about the 7th day of July, 2001, the defendant ALLEN J. GRUBMAN was the owner of a Mercedes Benz motor vehicle, the license number of which is known to the Southampton Town Police and the Suffolk County District Attorney, but is as yet unknown to the plaintiff.
26. On the aforesaid date, in the early morning hours at approximately two o clock a.m., defendant LIZZIE GRUBMAN was operating the aforesaid motor vehicle with the permission and consent of the owner and defendant ALLEN J. GRUBMAN. 27. On the aforesaid date plaintiff was employed as a part-time security supervisor of MAS Security of Englewood New Jersey, located at a nightclub known as the Conscience Point Inn, in the Town of Southampton, County of Suffolk, State of New York. 28. On July 7, 2001 at approximately two o clock a.m., on the premises of the aforesaid Conscience Point Inn, the aforesaid motor vehicle, operated by the defendant LIZZIE GRUBMAN, was driven at a high rate of speed, in reverse, colliding with and violently coming into contact with numerous people, including the plaintiff herein, and part of the building within which Conscience Point Inn operates its nightclub business. 29. Within minutes of the incident described above at paragraph 28, the defendant LIZZIE GRUBMAN left the scene. 30. Within minutes of the incident described above at paragraph 28, the defendant LIZZIE GRUBMAN left the scene by motor vehicle. 31. Within minutes of the incident described above at paragraph 28, the defendant LIZZIE GRUBMAN left the scene by motor vehicle, leaving the Mercedes Benz motor vehicle described above at paragraph 25 at the Conscience Point Inn. 32. Within minutes of the incident described above at paragraph 28, the defendant LIZZIE GRUBMAN left the scene by motor vehicle, which motor vehicle was operated by or at the behest of an owner of or investor in the Conscience Point Inn.
33. As a result of the actions of the defendant LIZZIE GRUBMAN, the plaintiff s body was crushed in between the motor vehicle and the outside wall of the building at the Conscience Point Inn. 34. The aforesaid collision was caused by reason of the negligence of the defendants in the ownership, operation, management, use and control of their motor vehicle, and without any contributing negligence on the part of the plaintiff. 35. By reason of the foregoing, the plaintiff was caused to suffer severe and permanent bodily injuries, significant disfigurement and was rendered disabled and was obliged to and did expend and will continue to expend large sums of money for medical aid and attention; in addition, the plaintiff has lost time from work and his usual regime of daily activities. 36. This action falls within one or more of the exemptions to CPLR 1601. 37. Plaintiff has suffered a serious injury as defined by 5102(d) of the Insurance Law or economic loss greater than basic economic loss as defined by 5102(a) of the Insurance Law and is therefore qualified to bring this action. 38. By reason of the foregoing, plaintiff has been damaged in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT LIZZIE GRUBMAN 39. Plaintiff repeats, re-alleges and reiterates each and every allegation in the complaint from 1 to 38 inclusive with the same force and effect as if more fully set out herein at length. 40. On the aforesaid date, July 7, 2001, in the early morning hours at approximately two o clock a.m., the defendant LIZZIE GRUBMAN was repeatedly requested to move the aforesaid Mercedes Benz motor vehicle out of a fire lane, reserved for the access of fire and emergency vehicles at the Conscience Point Inn. 41. LIZZIE GRUBMAN refused to heed numerous such requests to move the motor vehicle. 42. LIZZIE GRUBMAN, some moments thereafter, did move the motor vehicle. 43. LIZZIE GRUBMAN, some moments thereafter, did move the motor vehicle to a grassy area beyond the fire lane, with the motor vehicle facing or pointing in the direction of North Sea Road. 44. Some moments subsequent to the incident described above at paragraphs 36, 37, 38, 39, the defendant LIZZIE GRUBMAN injured the plaintiff by operating the motor vehicle at a high rate of speed, in reverse, colliding with and violently coming into contact with numerous people, including the plaintiff herein, and the building itself.
45. As a result of the actions of the defendant LIZZIE GRUBMAN, the plaintiff s body was crushed in between the motor vehicle and the outside wall of the building at the Conscience Point Inn. 46. The actions of the defendant LIZZIE GRUBMAN were reckless and unwarranted, and without any just cause or provocation. 47. As a result of the acts of the defendant, LIZZIEGRUBMAN, the plaintiff was caused to suffer severe and permanent bodily injuries, significant disfigurement and was rendered disabled and was obliged to and did expend and will continue to expend large sums of money for medical aid and attention; in addition, the plaintiff has lost time from work and his usual regime of daily activities. 48. The injuries described above were caused wholly and solely by the reckless and unwarranted actions of the defendant LIZZIE GRUBMAN and without any just cause or provocation. 49. By reason of the foregoing, plaintiff has been damaged in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss and an additional three million dollars ($3,000,000) in punitive damages for the reckless conduct of the defendant LIZZIE GRUBMAN. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT LIZZIE GRUBMAN 50. Plaintiff repeats, re-alleges and reiterates each and every allegation in the complaint from 1 to 49 inclusive with the same force and effect as if more fully set out herein at length.
51. On the aforesaid date, July 7, 2001, in the early morning hours at approximately two o clock a.m., the defendant LIZZIE GRUBMAN was repeatedly requested to move the aforesaid Mercedes Benz motor vehicle out of a fire lane, reserved for the access of fire and emergency vehicles at the Conscience Point Inn. 52. LIZZIE GRUBMAN refused to heed numerous such requests to move the motor vehicle. 53. In particular response to the request of the plaintiff, in his capacity as security supervisor at the aforesaid Conscience Point Inn, for the defendant LIZZIE GRUBMAN to move the motor vehicle, the defendant uttered the statement: Fuck you, white trash. 54. LIZZIE GRUBMAN, some moments thereafter, did move the motor vehicle. 55. LIZZIE GRUBMAN, some moments thereafter, did move the motor vehicle to a grassy area beyond the fire lane, with the front of the motor vehicle facing or pointing in the direction of North Sea Road. 56. Some moments subsequent to the incident described above, the defendant LIZZIE GRUBMAN injured the plaintiff by operating the motor vehicle at a high rate of speed, in reverse, colliding with and violently coming into contact with numerous people, including the plaintiff herein, and the building itself. 57. As a result of the actions of the defendant LIZZIE GRUBMAN, the plaintiff s body was crushed in between the motor vehicle and the outside wall of the building at the Conscience Point Inn.
58. The actions of the defendant LIZZIE GRUBMAN were deliberate, intentional and malicious, and without any just cause or provocation. 59. As a result of the actions of the defendant, LIZZIE GRUBMAN, the plaintiff was caused to suffer severe and permanent bodily injuries, significant disfigurement and was rendered disabled and was obliged to and did expend and will continue to expend large sums of money for medical aid and attention; in addition, the plaintiff has lost time from work and his usual regime of daily activities. 60. The injuries described above were caused wholly and solely by the deliberate, intentional and malicious actions of the defendant LIZZIE GRUBMAN and without any just cause or provocation. 61. The actions of the defendant LIZZIE GRUBMAN were intended by her to bring about serious personal injury to the plaintiff in particular and as a result of the assault and battery described above; the plaintiff has been severely injured and damaged. 62. By reason of the foregoing, plaintiff has been damaged in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss and an additional three million dollars ($3,000,000) in punitive damages for the deliberate, intentional and malicious conduct of the defendant LIZZIE GRUBMAN.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT LIZZIE GRUBMAN 63. Plaintiff repeats, re-alleges and reiterates each and every allegation in the complaint from 1 to 62 inclusive with the same force and effect as if more fully set out herein at length. 63. The actions of the defendant LIZZIE GRUBMAN constitute extreme and outrageous conduct, totally odious to citizens of a civilized society and to the plaintiff in particular. 64. The defendant LIZZIE GRUBMAN unlawfully caused extreme emotional distress to the plaintiff and did in fact contemporaneously inflict actual bodily harm upon the plaintiff. 65. The actions of the defendant LIZZIE GRUBMAN were extreme and outrageous, willful, intentional and unwarranted, and exceeded the bounds of decency in a civilized society, all having been brought about by the defendant without any just cause or provocation. 66. The scene at the Conscience Point Inn, immediately following the defendant s assault on the plaintiff herein and others, left the plaintiff in the midst of peculiar carnage, reminiscent of an airplane crash site, with bloodied bodies lying in close proximity to the plaintiff and producing moans and screams of pain and anguish; all of which was seen and heard by the plaintiff for some time before his removal from the scene by ambulance.
67. As a result of the assault described above, the plaintiff became physically ill, suffering from vomiting and diarrhea; the plaintiff was frightened and agitated, and suffered mental and emotional stress, and was otherwise greatly injured, all to plaintiff's damage. 68. By reason of the foregoing, plaintiff has been damaged in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss and an additional three million dollars ($3,000,000) in punitive damages for the extreme, outrageous, deliberate, intentional and malicious conduct of the defendant LIZZIE GRUBMAN. WHEREFORE, the plaintiff SCOTT CONLON demands judgment against the defendants as follows: -On the first cause of action in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss against LIZZIE GRUBMAN and ALLEN J. GRUBMAN. -On the second cause of action in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss and an additional three million dollars ($3,000,000) in punitive damages for the reckless conduct of the defendant LIZZIE GRUBMAN. -On the third cause of action in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting
economic loss and an additional three million dollars ($3,000,000) in punitive damages for the deliberate, intentional and malicious conduct of the defendant LIZZIE GRUBMAN. -On the fourth third cause of action in the sum of three million dollars ($3,000,000) in compensatory damages for pain and suffering, permanent disability and resulting economic loss and an additional three million dollars ($3,000,000) in punitive damages for the extreme, outrageous, deliberate, intentional and malicious conduct of the defendant LIZZIE GRUBMAN; and with all of the above together with the costs and disbursements of this action. Dated: Huntington, NY July 16, 2001 TO: LIZZIE GRUBMAN 270 Lafayette Street Suite 404 New York, NY10012 ALLEN J. GRUBMAN 152 West 57 th Street New York, NY 10019 Yours, etc., Mc Carthy & Modelewski Attorney for plaintiff SCOTT CONLON 44 Elm Street Suite 18 Huntington, NY 11743 631-423-8989