NATURE OF ACTION

 

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS

PERSONA ,

ADDRESS

                                    Plaintiff

   -against-

PERSONA

ADDRESS

And

PERSONA

                                    Defendants.

Index No. 

COMPLAINT

JURY DEMANDED 

 

NATURE OF ACTION

  1. In this action, Plaintiff PERSONA (“Plaintiff”), is filing a Complaint against Defendant PERSONAS“Defendants”, on the basis of the underlying grounds. 
  2. This Complaint arises from discrimination and harassment against Plaintiff. Plaintiff, of Bangladeshi national origin, was subjected to discriminatory comments and harassment from landlord’s manager of E.B. Management, on the basis of his national origin. 
  3. Plaintiff consequently filed a Complaint at the New York City Commission on Human Rights (NYCCHR’s) office. However, the Law Enforcement Bureau of the NYCCHR -issued a closure letter at the Plaintiff for administrative cause on October 8, 2020. 
  4. Plaintiff, therefore, files this case against Defendants for discrimination,  harassment, and mental injury. 

JURISDICTION AND VENUE

  1. Pursuant to New York Civil Practice Law and Rules (“CPLR”) § 301 and/or § 302, this Court has jurisdiction over Defendants because they are residents of and/or authorized to do business in New York State.
  2. Venue is proper in this county pursuant to CPLR § 503, as Plaintiff resides in Queens County.

PARTIES

  1. Plaintiff  is a resident of Queens County.
  2. Former owner,  was a business entity of the State of New York.
  3. PERSONA was the managing member of MANAGEMENT PROPERTIES, LLC. 
  4. Since January 31, 2022, current owner and Defendant PERSONA , is a business entity of the State of New York.
  5. PERSONA staff/officials/employees/partner/manager refers to employees and other officials who participated in the relevant facts but some identities and/or full names are unknown. (John and Jane Doe collectively referred to as “Officers” or ”Officer Defendants”). Some known to be directly involved are as follows:
  1. Upon information and belief, at all times mentioned, PERSONA ‘S employees, were and are, officers of PERSONA , LLC, and at all times herein was acting in such capacity as the agent, servant, and seller to the Defendant ASTOR 29 CO. LLC.

FACTUAL BACKGROUND

  1. Plaintiff was a residential tenant of landlord EB Management Properties, LLC. 
  2. On or about January 4, 2016, PERSONA LLC manager discriminated against him by failing to do necessary repairs and by failing to address a bed-bug infestation in a timely manner because of his Bangladeshi national origin, in violation of § 8-107(5) of the Administrative Code of the City of New York. 
  3. The said manager also harassed, threatened, and intimidated Plaintiff, in his place of residence, because of his Bangladeshi nation origin, in violation of Title 8 of the Administrative Code of the City of New York. A recording, about 15 minutes and 48 seconds long, exists of one such incident in which the landlord’s manager states, to wit, “Bangladeshi, Indian, and Pakistani people brought bedbugs in this country.”
  4. On or about January 3, 2017, Plaintiff filed a Complaint at the NYCCHR. [Exhibit B]
  5. On or about January 26, 2017, PERSONA , a managing member of E.B. Management Properties, LLC signed a sworn affidavit denying the plaintiff’s allegation. 
  6. On or about January 31, 2017, PERSONA , LLC. attorney submitted that sworn affidavit to the New York Commission on Human Rights. [Exhibit C]
  7. On or about March 12, 2019,  Assistant Commissioner in the NYCCHR Law Enforcement Bureau (“Assistant Commissioner Carroll”), issued a Notice of Probable Cause Determination and of Intent to Proceed to Public Hearing (the “Notice of Probable Cause”). The notice was issued pursuant to Plaintiff’s claim(s) of discriminatory practices by landlord PERSONA , LLC, in which the landlord refused to make repairs and to address a bed bug infestation because of Plaintiff’s Bangladeshi national origin. [Exhibit B] 
  8. On or about April 22, 2020,  the NYCCHR referred Plaintiff’s complaint to the Office of Administrative Trials and Hearings. [Exhibit E]
  9. On or about May 15, 2020, Plaintiff attended a mandatory pre-trial settlement conference, where Assistant Commissioner  proposed to the judge that Plaintiff accepts $5000 from the landlord in order to settle the case; and stated that if Plaintiff would not accept the settlement,  the NYCCHR would drop the case.  
  10. On or about October 8, 2020,  on duty as an officer for the NYCCHR, in her capacity as an Agency Attorney in the Law Enforcement Bureau of the NYCCHR -issued a closure letter. [Exhibit F]
  11. Plaintiff, PERSONA obtained the right to file a civil action in court under § 8-502 of the Administrative Code of the City of New York. According to the law, Plaintiff must file the claim within three (3) years after the discriminatory practice occurred; however, The plaintiff the claim was pending at the Commission that time period was tolled, which means that time period does not count towards the calculation of the three (3) year deadline. [Exhibit J]
  12. On or about January 31, 2022, the building/property ________was purchased by PERSONA . LLC for $15,500,000 (Fifteen Million and Five Hundred thousand dollars). [Exhibit K]
  13. During the Warrant of the Eviction process, the new owner submitted an affidavit to the Queens Housing Court with the following remarks [Exhibit L]:
  • I am a member of PERSONA , LLC, the new owner of the subject premises.
  • I purchased the premises on January 31, 2022 and received the attached assignment and assumption of leases, rents, security deposits and pending actions (See Exhibit “F”) and Deed (Exhibit “G”).
  • Pursuant to that assignment, I am requesting the Court that I be allowed to have the Petition amended to reflect the ownership now on behalf of my company and to allow us to proceed with the warrant of eviction previously issued by the Court.
  • As such, I am asking that Court allow the amendment of the Petition and warrant of eviction from EPERSONA and allow APERSONA , LLC to execute the warrant of eviction in accordance with the prior decision of this court.
  • That I do not want to continue the landlord tenant relationship with the respondent herein and wish to proceed with the warrant of eviction.
  • WHEREFORE, petitioner respectfully requests the within order to show cause be denied and requests an order to substitute PERSONA , LLC as and for PERSONA LLC and for such other and further relief as this court may deem just and proper.
  1. Pursuant to CPLR Section 1602(2)(iv), Defendants are jointly and severally liable for all of the Plaintiffs’ damages, including but not limited to Plaintiff’s non-economic loss.

FIRST CAUSE OF ACTION

The New York City Administrative Code, Title 8: Civil Rights

Chapter 2 – Certain Unlawful Real Estate Practices

Discriminatory remarks or actions

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. On or about January 4, 2016, PERSONA LLC manager discriminated against him by failing to do necessary repairs and by failing to address a bed-bug infestation in a timely manner because of his Bangladeshi national origin, in violation of § 8-107(5) of the Administrative Code of the City of New York. 
  3. The said manager also harassed, threatened, and intimidated Plaintiff, in his place of residence, because of his Bangladeshi nation origin, in violation of Title 8 of the Administrative Code of the City of New York. A recording, about 15 minutes and 48 seconds long, exists of one such incident in which the landlord’s manager states, to wit, “Bangladeshi, Indian, and Pakistani people brought bedbugs in this country.”
  4. As a result of Defendants’ actions alleged herein, Plaintiff has suffered incidental, and consequential damages. Plaintiff had to undergo treatment for psychological and emotional distress. 

SECOND CAUSE OF ACTION

Penal Law § 210.40

Making an Apparently Sworn False Statement

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. On or about January 26, 2017, PERSONA , a managing member of PERSONA LLC signed a sworn affidavit denying the plaintiff’s allegation. 
  3. As a result of Defendants’ actions alleged herein, Plaintiff has suffered incidental, and consequential damages. Plaintiff had to undergo treatment for psychological and emotional distress. 

THIRD CAUSE OF ACTION

Administrative Code §§ 7-801 through 7-810*

New York City False Claims Act

 

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. On or about January 26, 2017, PERSONA , a managing member of PERSONA , LLC signed a sworn affidavit denying the plaintiff’s allegation. 
  3. On or about January 31, 2017, PERSONA , LLC. attorney submitted that sworn affidavit to the New York City Commission on Human Rights. [Exhibit A]
  4. As a result of Defendants’ actions alleged herein, Plaintiff has suffered incidental, and consequential damages. Plaintiff had to undergo treatment for psychological and emotional distress. 

FOURTH  CAUSE OF ACTION

Intentional Infliction of Emotional Distress

 

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. PERSONA , LLC’s manager repeatedly mocked, harassed, and tormented the plaintiff.
  3. The plaintiff managed to record the conversation. 
  4. The conduct of the Defendants, as set forth above, was extreme, and outrageous.
  5. Defendants ought to have reasonably known that their actions and/or inactions would cause severe harm on Plaintiff. 
  6. As a result of Defendants’ actions alleged herein, Plaintiff has suffered incidental, and consequential damages. Plaintiff had to undergo treatment for psychological and emotional distress.

FIFTH  CAUSE OF ACTION

Declaratory Relief

 

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. There now exists, between the parties hereto, a dispute and controversy to which the Plaintiff and the Defendants are entitled to have a declaration of their rights and further relief relating to the facts and circumstances as set forth in this action.
  3. Plaintiff respectfully requests this Honorable Court issue a declaratory judgment declaring that the actions and/or inactions of the Defendants violate the rights of Plaintiff, and issue appropriate remedies thereof. 

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages and remedies from the Defendants, and he hereby prays that judgment to be entered in his favor and against the Defendants as follows:

  1. That the Court orders compensatory and punitive damages in an amount of $15,500,000 (Fifteen Million and Five Hundred Thousand dollars) by the Court for the Defendants’ conduct alleged herein, and for Plaintiff’s medical costs.
  2. That the Court grants Declaratory Order against Defendants for their actions and/or inactions alleged herein. 
  3. Interest as provided by law;
  4. An award of fees and costs;
  5. That the Court issues any other order that this institution deems just. 

 

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues of fact and damages stated herein.

 

Dated: December 30, 2021

 

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