PLAINTIFS ORIGINAL COMPLAINT

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ALBANY

 

————————————————————————X

Orelou Properties, LLC; and Adebayo Odutayo

Plaintiffs,

 

  1. Index No.:

 

Ange T. Obashoro; and Samuel Obashoro

Defendants.

————————————————————————X

 

 

PLAINTIFS’ORIGINAL COMPLAINT

NOW COME Oreolu Properties, LLC and Adebayo Odutayo, Plaintiff, and hereby file this Complaint against Ange T. Obashoro and Samuel Obashoro, and for cause would show this Honorable Court as follows:

 

  1. PARTIES
  2. Plaintiff Oreolu Properties, LLC is a company lawfully incorporated under the laws of the State of New York that conducts the business of real estate within the State of New York.
  3. Plaintiff Adebayo Odutayo is a law-abiding male adult of sound mind and a resident of [Insert Address].
  4. Defendant Ange T. Obashoro is a female adult of sound mind and a resident of [Insert Address].
  5. Defendant Samuel Obashoro is a male adult of sound mind and a resident of [Insert Address].

 

  1. JURISDICTION AND VENUE
  2. Jurisdiction exists in this Court pursuant to New York Constitution Article VI § 7.
  3. Venue is proper in this Court because the events and causes of action described herein took place within the County of Albany.

 

  1. STATEMENT OF FACTS
  2. The properties described in this case were initially purchased by the plaintiffs because the defendants wanted to acquire them. However, since the defendants did not reside in the area, they asked the plaintiffs, who were local, to buy the properties and oversee their restoration. This arrangement made the parties partners in the ownership and management of the properties.
  3. As time went on, the defendants offered a loan of approximately $130,000.00 to the plaintiffs to help them pay off one of the properties. In return, the defendants took that property as collateral to ensure repayment. Although the loan was repaid, the defendants did not return the property, which violated the agreement between the parties and constituted fraudulent behavior.
  4. The defendants have made false allegations against the plaintiffs, including the claim that the plaintiffs fraudulently endorsed and deposited a check from Erie Insurance Company, amounting to $176,610.22. The plaintiffs categorically deny this accusation and assert that there is no evidence to support it.
  5. There are also allegations made by the defendants that the plaintiffs neglected the properties and breached their fiduciary duties. However, the plaintiffs maintain that these claims are untrue. In fact, any neglect that may have occurred was the responsibility of the defendants’ daughter, who had been entrusted with managing the properties based on an agreement with the defendants.

 

  1. CAUSE OF ACTION: Defamation
  2. In this case, the defendants’ defamatory actions can be classified as both slander (spoken false statements) and libel (written or published false statements). The defendants’ defamatory statements have caused significant damage to the plaintiffs’ personal and professional reputation, leading to financial losses, emotional distress, and harm to their overall standing within the community.
  3. The defendants’ false allegations against the plaintiffs are twofold. First, they claim that the plaintiffs fraudulently endorsed and deposited a check from Erie Insurance Company, amounting to $176,610.22. The plaintiffs vehemently deny this accusation and assert that there is no evidence to support the defendants’ claim.
  4. Despite the lack of evidence, these false allegations have been communicated to third parties, resulting in the tarnishing of the plaintiffs’ reputation. The false claim of fraudulent activity imputes criminal conduct to the plaintiffs, casting doubt on their integrity and trustworthiness.
  5. Secondly, the defendants have accused the plaintiffs of neglecting the properties and breaching their fiduciary duties. However, the plaintiffs firmly maintain that these claims are baseless and untrue. In fact, any neglect that may have occurred was the responsibility of the defendants’ daughter, who had been entrusted with managing the properties based on an agreement with the defendants. By making these false allegations, the defendants have damaged the plaintiffs’ reputation as competent and responsible property managers, causing harm to their professional standing and ability to conduct business effectively.
  6. The defendants’ defamatory statements have spread beyond their initial communication, reaching third parties within the community. As a result, the plaintiffs’ reputation has been adversely affected, leading to financial losses. Potential business opportunities may have been lost due to the false allegations of fraudulent activity and neglect. Moreover, the emotional distress caused by these defamatory statements cannot be overlooked, as the plaintiffs have suffered significant harm to their personal well-being.
  7. The defendants’ false statements are not only false but also defamatory per se. Defamation per se refers to statements that are inherently damaging and do not require additional proof of harm. In this case, the false allegations impute criminal conduct, professional misconduct, and general untrustworthiness to the plaintiffs. Such damaging statements can have severe consequences for the plaintiffs, both personally and professionally.

 

  1. PRAYER FOR RELIEF
  2. To address the harm caused by the defendants’ defamatory statements, the plaintiffs seek legal remedies. First and foremost, they request compensatory damages in the sum of $_______________ to recover their financial losses, including the damages suffered as a result of the harm to their reputation and the loss of business opportunities. The defendants’ false statements have impacted the plaintiffs’ ability to maintain their standing in the community and conduct business effectively, leading to quantifiable financial harm.
  3. Additionally, the plaintiffs seek injunctive relief to prevent the defendants from further making or spreading false statements about them. An injunction would serve to protect the plaintiffs from ongoing harm to their reputation and prevent the recurrence of such defamatory actions in the future.
  4. Punitive damages are also warranted in this case. The defendants’ defamatory statements were made with malicious intent, knowingly spreading false information that could harm the plaintiffs’ reputation and well-being. Punitive damages would not only serve as punishment for the defendants’ intentional and wanton conduct but also act as a deterrent to them and others from engaging in similar defamatory behavior.
  5. Furthermore, the plaintiffs request a public retraction and apology from the defendants for the false statements made against them. A retraction and apology, published in a manner that adequately mitigates the harm caused to the plaintiffs’ reputation, would help to correct the false information and restore their damaged standing within the community.
  6. The plaintiffs also seek reimbursement for all costs and attorney’s fees incurred in pursuing this cause of action. Legal costs and attorney’s fees are necessary for the plaintiffs to effectively present their case and seek justice for the harm caused by the defendants’ defamatory statements.
  7. In conclusion, the defendants’ false allegations and damaging statements have constituted defamation, resulting in harm to the plaintiffs’ reputation, financial losses, and emotional distress. The false statements, including the claim of fraudulent activity and the baseless accusations of neglect and breach of fiduciary duties, have spread to third parties, damaging the plaintiffs’ personal and professional character. The plaintiffs seek compensatory damages, injunctive relief, punitive damages, a public retraction and apology, as well as reimbursement of legal costs and attorney’s fees to address the harm caused by the defendants’ defamatory statements and restore their reputation.

 

 

Dated this ____ day of July, 2023.

 

 

 

Respectfully Submitted,

 

 

 

Adebayo Odutayo,

Plaintiff in pro per

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )