Crowhurst v. Szczucki et alMOTION for Judgment on the Pleadings . DocumentS.D.N.Y.September 26, 2016Case 1:16-cv-00182-JGK Document 61 Filed 09/26/16 Page 1 of 2 Case 1:16-cv-00182-JGK Document 61 Filed 09/26/16 Page 2 of 2 Case 1:16-cv-00182-JGK Document 61-1 Filed 09/26/16 Page 1 of 3 Case 1:16-cv-00182-JGK Document 61-1 Filed 09/26/16 Page 2 of 3 Case 1:16-cv-00182-JGK Document 61-1 Filed 09/26/16 Page 3 of 3 AO 399 (01/09) Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Southern District of New York JENNIFER CROWHURST Plain 4/7 V. DR. DENISE SZCZUCKI, DR. SETH LEVEN, et al Defendant Civil Action No. 1:16-cv-00182-JGK WAIVER OF THE SERVICE OF SUMMONS To: LOWELL J. SIDNEY, ESQ. (Name of the plaintiff's attorney or unrepresented plaintiff I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that ! waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from 01/29/2016 , the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date: 01/29/2016 Signature of the attorney or unrepresented party Printed name of party waiving service of summons Printed name Address E-mail address Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. "Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 1 of 22 AO 399 (01/09) Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Southern District of New York JENNIFER CROWHURST Plaintiff V. DR. DENISE SZCZUCKI, DR. SETH LEVEN, et al Defendant Civil Action No. 1:16-cv-00182-JGK WAIVER OF THE SERVICE OF SUMMONS To: LOVVELL J. SIDNEY, ESQ. (Name of the plaintiff's attorney or unrepresented plaintiff) I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that 1, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from 01/29/2016 ,the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date: 01/29/2016 Signature of the attorney or unrepresented party Printed name of party waiving service of summons Printed name Address E-mail address Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. "Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 2 of 22 /S/ D. Gonzalez Signature of Clerk or Deputy Clerk CLERK OF COURT Date: 01/10/2016 Case 1:16-cv-00182-JGK Document 10 Filed 01/26/16 Page 1 of 2 AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of New York JENNIFER CROWHURST Plaintiff v. ) Civil Action No. 1:16-CV-00182 DR. DENISE SZCZUCKI, DR. SETH LEVEN, ) HAMPTON INNS LLC d/b/a HAMPTON INN, et al ) Defendant ) SUMMONS IN A CIVIL ACTION TO: (Defendant's name and address) DR. DENISE SZCZUCKI, 171 E POST RD FL 3RD, WHITE PLAINS, NY 10601, DR. SETH LEVEN, 1 HARRISON MEDICAL GROUP, 106 CALVERT ST, HARRISON, NY 10528, HAMPTON INNS LLC D/B/A HAMPTON INN, 3723 NAZARETH RD, EASTON, PA 18045, HAMPTON INN MANAGEMENT LLC D/B/A HAMPTON INN, 7930 JONES BRANCH DRIVE, SUITE 1100, MCLEAN, VA 22102, HILTON HOTEL GROUP, 7930 JONES BRANCH DRIVE, MCLEAN, VA 22102, SHERYL DICKER STEIN, 535 ALDA RD, MAMARONECK, NY 10543 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: LOWELL J. SIDNEY, ESQ. 244 Fifth Avenue, Suite 0278 New York, New York 10001 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 3 of 22 Case 1:16-cv-00182-JGK Document 10 Filed 01/28/16 Page 2 of 2 AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. 1:16-CV-00182 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1)) This summons for (name of individual and title, if any) was received by me on (date) 0 I personally served the summons on the individual at (place) On (date) ; or 0 I left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (dare) , and mailed a copy to the individual's last known address; or O I served the summons on (name of individual) ,who is designated by law to accept service of process on behalf of (name of organization) On (date) ; or O I returned the summons unexecuted because O Other (specibi): ; Or My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 4 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 1 of 17 LOWELL J. SIDNEY, ESQ. [US 0406] 244 Fifth Avenue, Suite Q278 New York, NY 10001 917-971-2413 Attorney for Plaintiff Jenniftr Crowhurst UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT Jennifer Crowhurst Index No.: Plaintiff, Basis of Venue: Diversity Jurisdiction -against- Dr. Denise Szczucki, Dr. Seth Leven, Hampton Inns LLC cl/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group, Norman Stein, Sheryl Dicker Stein and Fannie Rebecca Stein. Defendants. SIRS: PLAINTIFF complaining of the defendants by her attorneys The Law Offices of Lowell J. Sidney sets forth and alleges upon information and belief as follows: 1. That at all times herein mentioned, Plaintiff Jennifer Crowhurst is a Home Health Aide who obtained two Masters Degrees from Creighton University and Sacred Heart University, respectively with her undergraduate degree from the College of New Rochelle. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 5 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 2 of 17 2. Plaintiff Jennifer Crowhurst resides at 12 Putnam Green, Greenwich, Connecticut. 3. That at all relevant times herein mentioned Plaintiff was assisting an autistic client named Fannie Rebecca Stein. 4. That at all times hereinafter mentioned Dr. Denise Szczucki, is a medical doctor who practices in the area of psychiatry. 5. That at all times hereinafter mentioned Dr. Denise Szczucki has an office located at 171 E Post Rd Fl 3rd, White Plains, New York 10601. 6. That at all times hereinafter mentioned defendant Dr. Denise Szczucki prescribed Defendant Fannie Rebecca Stein Valium, Suboxone and/or Paxil. 7. That the combination, levels and/or withdrawals from these prescription drugs caused or contributed to Fannie Rebecca Stein having a violent outburst which proximately caused seriously physical injuries to Plaintiff Jennifer Crowhurst. 8. That at all times hereinafter mentioned Dr. Seth Leven is a medical doctor who practices in the area of internal medicine. 9. That at all times hereinafter mentioned Dr. Seth Leven has an office located at 1 Harrison Medical Group, 106 Calvert St., Harrison, New York 10528. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 6 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 3 of 17 10. That at all times hereinafter mentioned defendant Dr. Seth Leven was the primary care physician for Fannie Rebecca Stein who oversaw her treatment with Valium, Suboxone and/or Paxil. 11. That the combination, levels and/or withdrawals from a cocktail of prescription drugs caused or contributed to Fannie Rebecca Stein having a violent outburst which proximately caused seriously physical injuries to Plaintiff Jennifer Crowhurst. 12. That the interaction between Suboxone (a mild opioid) and Valium (a benzodiazepine) is not recommended by reasonable medical doctors. 13. That the prescription drugs caused or contributed to Fannie Rebecca Stein having a violent outburst which proximately caused serious physical injuries to Plaintiff Jennifer Crowhurst. 14. That on November 22, 2015 Fannie Rebecca Stein and Plaintiff Jennifer Crowhurst were lawfully on the property of The Hampton Inn located at 3723 Nazareth Rd, Easton, Pennsylvania 18045. 15. That at all revenant times defendant The Hampton Inn is a domestic corporation with a principle place of Business in Pennsylvania. 16. That at all relevant times defendant The Hampton Inn is a limited liability corporation doing business in Pennsylvania. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 7 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 4 of 17 17. That at all relevant times defendant The Hampton Inn operates under a franchise from the Hilton Hotel Group, whose global headquarters are located at 7930 Jones Branch Drive, McLean, Virginia 22102. 18. That at all relevant times defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group owned the hotel located at 3723 Nazareth Rd, Easton, PA 18045. 19. That at all relevant times defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group operated the hotel located at 3723 Nazareth Rd, Easton, Pennsylvania 18045. 20. That at all relevant times defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group managed the hotel located at 3723 Nazareth Rd, Easton, Pennsylvania 18045. 21. That at all relevant times defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group repaired the hotel located at 3723 Nazareth Rd, Easton, Pennsylvania 18045. 22. That on or before November 22, 2015 Defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC cl/b/a Hampton Inn, Hilton Hotel Group had a duty to keep hotel room phones operational. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 8 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 5 of 17 23. That on November 22, 2015 the room phone of the room occupied by Plaintiff Jennifer Crowhurst and Fannie Rebecca Stein at The Hampton Inn located at 3723 Nazareth Rd, Easton, PA 18045 and maintained by Defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group their agents or assigns was not operational. 24. Defendant Hampton Inns LLC d/b/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group their agents or assigns were negligent, careless and reckless in their acts and omissions in failing to maintain the room phone. 25. That plaintiff Jennifer Crowhurst could not use the room phone to telephone for help while she was being viciously attacked by Fannie Rebecca Stein. 26. That the failure to maintain the room phone by Defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group proximately caused or contributed to serious physical injuries to be inflicted upon Plaintiff Jennifer Crowhurst. 27. That Plaintiff Jennifer Crowhurst was violently assaulted on the premises of Defendant Hampton Inns LLC d/b/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group on November 22, 2015. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 9 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 6 of 17 28. That at all times hereinafter mentioned defendants Norman and Sheryl Stein were Fannie Rebecca Steins legal guardians. 29. That at all times hereinafter mentioned defendant Norman and Sheryl Stein resided at 535 Alda Road, Mamaroneck, New York 10543. 30. That defendant Norman Stein illegally gave Fannie Rebecca Stein his prescription of Oxycontin. 31. That defendant Norman Stein illegally gave Fannie Rebecca Stein illegal drugs, colloquially known as "weed". 32. That defendant Norman Steins illegal acts proximately caused or contributed to the violent behavioral response of Fannie Rebecca Stein. 33. That defendants actions or omissions caused or contributed to Plaintiff Jennifer Crowhurst being attacked by Fannie Rebecca Stein as follows: Defendant grabbed Plaintiffs head with both of her hands, pulled Plaintiff's head by the hair down and yanked on Plaintiff's head with her Rill body weight (430 lbs) before threatening to kill Plaintiff while thrusting Plaintiffs head back and forth by the hair and banging her head into the wall, throwing the desk chair at Plaintiff and breaking Plaintiffs cellphone, punching Plaintiff in the face; pairing a knife to her throat and biting Plaintiff's head. Rebecca Stein was arrested and charged with assault, harassment and criminal mischief as a result of the attack on Plaintiff Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 10 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 7 of 17 34. Plaintiff sustained the following diagnosed injuries as a result of the attack: Traumatic Brain injury; Pinched nerve; Post-concussion syndrome; Post- traumatic Amnesia; Depression; swelling of the brain; anxiety and mental anguish. 35. That defendant Norman Stein, defendant Sheryl Dicker Stein and/or defendant Fannie Rebecca Stein contracted to pay Plaintiff Jennifer Crowhurst for her work with Fannie Rebecca Stein. 36. That defendant Norman Stein and defendant Sheryl Dicker Stein and/or Fannie Rebecca Stein were contractually bound to pay Plaintiff Jennifer Crowhurst for her services. 37. That defendant Norman Stein and defendant Sheryl Dicker Stein and/or defendant Fannie Rebecca Stein failed to pay Plaintiff Jennifer Crowhurst. 38. That the following pay is outstanding in pertinent part as follows: seventy five (75) hours overtime from Disney; forty four (44) hours overtime from Crayola plus thirty six (36) hours at an overtime rate (time and a halt) of $60 per hour. 39. That Plaintiff had additionally loaned two thousand dollars ($2,000.00) to Fannie Rebecca Stein during a trip to Lake George. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 11 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 8 of 17 40.That Plaintiff requested the payment of eleven thousand three hundred dollars ($11,300.00) from defendant Norman Stein and defendant Sheryl Dicker Stein and/or Fannie Rebecca Stein. 41.1n 2015 Plaintiff Jennifer Crowhurst was not compensated for all of her overtime which is calculated as being over six hundred and thirty five and a half (635.5) hours from a variety of trips including Six Flags, Wildwood and two trips to Great Wolf Lodge. 42. That Plaintiff specifically requested the payment for her overtime from 2014 and she was paid for only 198 hours leaving an outstanding balance of twenty six thousand two hundred and fifty dollars ($26,250.00). 43. That Defendants Norman Stein and defendant Sheryl Dicker Stein and/or defendant Fannie Rebecca Stein failed to pay on behalf of Fannie Rebecca Stein within seven (7) days of the conclusion of her employment. 44. That pursuant to the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act, the law provides for liquidated damages of up to 100% of unpaid wages, as well as other civil penalties and interest. 45. That pursuant to the United States Fair Labor Standard, the law provides for attorney fees and court costs associated with filing this action. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 12 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 9 of 17 FIRST CAUSE OF ACTION IN MEDICAL MALPRACTICE 46. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs 1 through 45 as though more fully set forth herein. 47. Defendants Dr. Denise Szczucki and/or Dr. Seth Leven made a decision to prescribe a cocktail of medications including Paxil, Valium and Suboxone to Fannie Rebecca Stein. 48. Defendants Dr. Denise Szczucki and/or Dr. Seth Leven decision was without proper medical foundation, that is one which is the product of a careful examination See Fotinas v Westchester County Medical Center, 300 AD 2d 437 (2nd Dept., 2002); Seibert v Fink 280 AD2d 661 (2"" Dept., 2001). 49. That Fannie Rebecca Stein's violent attack on Plaintiff Jennifer Crowhurst dated November 22, 2015 was caused or contributed to by the acts or omissions of Defendants Dr. Denise Szczucki and/or Dr. Seth Leven. 50.That defendant's actions or omissions caused or contributed to Plaintiff Jennifer Crowhurst being attacked by Fannie Rebecca Stein 51. That Plaintiff sustained Traumatic Brain injury; Pinched nerve; Post- concussion syndrome; Post-traumatic Amnesia; Depression; swelling of the brain; anxiety and mental anguish as a result of the malpractice of defendants Dr. Denise Szczucki and/or Dr. Seth Leven. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 13 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 10 of 17 52. That Plaintiffs damages are in excess of seventy five thousand dollars ($75,000.00). SECOND CAUSE OF ACTION IN NEGLIGENCE (Hampton Inns) 53. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs 1 through 52 as though more fully set forth herein. 54. That on or before November 22, 2015 Defendant Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC dba Hampton Inn, Hilton Hotel Group had a duty to ensure that hotel room phones were operational. 55. That on November 22, 2015 the room phone of the room occupied by Plaintiff Jennifer Crowhurst and Defendant Fannie Rebecca Stein and maintained by Defendant Hampton Inns LLC dfb/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group their agents or assigns was not operational. 56. Defendant Hampton Inns LLC d/b/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group their agents or assigns were negligent, careless and reckless in their acts and omissions in failing to maintain the room phone. 57. That plaintiff Jennifer Crowhurst could not use the room phone to telephone for help while she was being viciously attacked by Fannie Rebecca Stein on the premises of Defendant Hampton Inns. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 14 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 11 of 17 58. That the failure to maintain the room phone by Defendant Hampton Inns LLC d/b/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group proximately caused or contributed to serious physical injuries to be inflicted upon Plaintiff Jennifer Crowhurst. 59. That Plaintiff sustained Traumatic Brain injury; Pinched nerve; Post- concussion syndrome; Post-traumatic Amnesia; Depression; swelling of the brain; anxiety and mental anguish as a result of the negligence, carelessness or recklessness of Defendant Hampton Inns LLC d/b/a Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group. 60. That Plaintiff's damages are in excess of seventy five thousand dollars ($75,000.00). THIRD CAUSE OF ACTION IN NEGLIGENCE (Norman and Sheryl Stein) 61. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs 1 through 60 as though more fully set forth herein. 62. That at all times hereinafter mentioned defendant Norman and Sheryl Stein were Fannie Rebecca Stein's legal guardians. 63. That defendant Norman Stein illegally, negligently, carelessly and recklessly gave Fannie Rebecca Stein his prescription of Oxycontin. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 15 of 22 Case 1•16-cv-00182-JGK Document 1 Filed 01/10/16 Page 12 of 17 64. That defendant Norman Stein illegally, negligently, carelessly and recklessly gave Fannie Rebecca Stein illegal drugs, colloquially known as "weed". 65. That defendant Norman Steins illegal acts proximately caused or contributed to the violent behavioral response of Fannie Rebecca Stein. 66. That Plaintiff sustained Traumatic Brain injury; Pinched nerve; Post- concussion syndrome; Post-traumatic Amnesia; Depression; swelling of the brain; anxiety and mental anguish as a result of the illegal acts, negligence, carelessness or recklessness of Defendants Norman and Sheryl Stein. 67. That Plaintiff's damages are in excess of seventy five thousand dollars ($75,000.00). FOURTH CAUSE OF ACTION IN WAGE THEFT (Norman, Sheryl and Fannie Rebecca Stein) 68. Plaintiff repeats reiterates and re-alleges the allegations contained in paragraphs 1 through 67 as though more fully set forth herein. 69. That defendants Norman Stein, Sheryl Dicker Stein and/or Fannie Rebecca Stein contracted to pay Plaintiff Jennifer Crowhurst for her work for and with Fannie Rebecca Stein. 70. That Plaintiff asked Defendants Norman, Sheryl and Fannie Rebecca Stein for payment. Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 16 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 13 of 17 71. That defendant Norman Stein and defendant Sheryl Dicker Stein and/or defendant Fannie Rebecca Stein failed to pay Plaintiff Jennifer Crowhurst. 72. That the following pay is outstanding in pertinent part as follows: seventy five (75) hours overtime from Disney; forty four (44) hours overtime from Crayola plus thirty six (36) hours at sixty dollars ($60) per hour is six thousand two hundred dollars ($9,300.00). 73. That Plaintiff had additionally loaned two thousand dollars ($2000.00) to Fannie Rebecca Stein during a trip to Lake George. 74. That Plaintiff specifically requested the payment of eleven thousand three hundred dollars ($11,300.00) from defendant Norman Stein, defendant Sheryl Dicker Stein and/or Fannie Rebecca Stein. 75. In 2014 Plaintiff Jennifer Crowhurst was not compensated for all of her overtime which is calculated as being over six hundred and thirty five and a half (635.5) hours from a variety of trips including Six Flags, Wildwood and two trips to Great Wolf Lodge. 76. That Plaintiff specifically requested the payment of her overtime from 2014 and she was paid for only 198 hours leaving an outstanding balance of twenty six thousand two hundred and fifty dollars ($26,250.00). Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 17 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 14 of 17 77. That Defendants Norman Stein, defendant Sheryl Dicker Stein and/or defendant Fannie Rebecca Stein failed to pay on behalf of Fannie Rebecca Stein within seven (7) days of the conclusion of her employment. 78. That pursuant to the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act, the law provides for liquidated damages of up to 100% of unpaid wages, as well as other civil penalties and interest. 79. That pursuant to the United States Fair Labor Standard, the law provides for attorney fees and court costs associated with filing this action. 80. That Plaintiff seeks damages of fifty two thousand five hundred dollars ($52,500.00) under the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act for 2014. 81. That Plaintiff seeks damages of twenty two thousand six hundred dollars ($22,600.00) under the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act for 2015. 82. That Plaintiff seeks damages of attorney fees and costs of twenty five thousand dollars ($25.000.00) and growing under the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act for 2015 83. That the total damages sustained herein under the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act is one hundred thousand and one hundred dollars ($100,100.00). Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 18 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 15 of 17 WHEREFORE Plaintiff demands judgment against the defendants, jointly and severally, as follows: a) Awarding Plaintiff damages for medical malpractice in excess of $75,000.00; b) Awarding Plaintiff damages for negligence in excess of $75,000.00; c) Awarding Plaintiff damages of $100,100.00 to date and increasing under the New York Wage Theft Prevention Act and the United States Fair Labor Standard Act; d) For such other further and different relief as to this court seems just, proper and equitable. Dated: NEW YORK, NEW YORK January 4,2015 The Law Office ofj4owell J. Sidney By: LOWELL J. SIDNEY, ESQ. Attorney ('s,.) for Plaintiff 244 Fifth Avenue, Suite Q278 New York, NY 10001 917-971-2413 To: Dr. Denise Szczucki, MD 171 E Post Rd Fl 3rd White Plains, NY 10601 Dr. Seth Leven 1 Harrison Medical Group 106 Calvert St Harrison, NY 10528 Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 19 of 22 Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 16 of 17 Hampton Inn 3723 Nazareth Rd, Easton, PA 18045 Hilton Hotel Group, 7930 Jones Branch Drive, McLean, Virginia 22102 Sheryl Dicker Stein, 535 Alda Road Mamaroneck, NY 10543 Norman Stein 535 Alda Road Mamaroneck, NY 10543 Fannie Rebecca Stein 535 Alda Road Mamaroneck, NY 10543 Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 20 of 22 Lowell Sidney JA---e Case 1:16-cv-00182-JGK Document 1 Filed 01/10/16 Page 17 of 17 VERIFICATION I, Lowell Sidney, have read the annexed COMPLAINT know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: facts, investigations and pertinent data contained in Plaintiffs file. This verification is signed by an attorney because Plaintiffs do not reside in the same county as my office is located. Dated: New York, New York January 4, 2016 Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 21 of 22 Owe I :16-cv-10082 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Jennifer Crowhurst, Plaintiff(s), - Against - Dr. Denise Szezucki, Dr. Seth Leven, Hampton Inns LLC d/b/a/ Hampton Inn, Hampton Inn Management LLC d/b/a Hampton Inn, Hilton Hotel Group, Norman Stein, Sheryl Dicker Stein and Rebecca Stein, Defendant(s). SUMMONS AND VERIFIED COMPLAINT LOWELL J. SIDNEY, ESQ. Attorney for Plaintiff 244 Fifth Avenue. Suite Q278 New York, New York 10001 (917) 971-2413 Case 1:16-cv-00182-JGK Document 61-2 Filed 09/26/16 Page 22 of 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X JENNIFER CROWHURST, Plaintiff, v. DR. DENISE SZCZUCKI, DR. SETH LEVEN, HAMPTON INNS LLC d/b/a HAMPTON INN, HAMPTON INN MANAGEMENT LLC d/b/a HAMPTON INN, HILTON HOTEL GROUP, NORMAN STEIN, SHERYL DICKER STEIN and FANNIE RECECCA STEIN, Defendants. : : : : : : : : : : : :: : : Case No: 1:16-cv-00182 (JGK) NOTICE OF APPEARANCE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X PLEASE TAKE NOTICE that the undersigned, Michael Van Riper, hereby enters his appearance as counsel for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group in the above-captioned matter, and requests that all parties and interested persons serve copies of any and all papers, notices and correspondence on the undersigned at the address listed below. Dated: March 29, 2016 New York, New York MCGUIREWOODS LLP By: s/ Michael Van Riper Michael Van Riper 1345 Avenue of the Americas, 7th Floor New York, New York 10105-0106 Telephone: (212) 548-7069 Fax: (212) 715-2311 mvanriper@mcguirewoods.com Counsel for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group Case 1:16-cv-00182-JGK Document 24 Filed 03/29/16 Page 1 of 1Case 1:16-cv-0 182-JGK Document 61-3 Filed 09/26/16 Page 1 of 1 1 Michael Van Riper, Esq. mvanriper@mcguirewoods.com Philip A. Goldstein, Esq. pagoldstein@mcguirewoods.com MCGUIREWOODS LLP 1345 Avenue of the Americas, 7th Floor New York, New York 10105 (212) 548-2100 Attorneys for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X JENNIFER CROWHURST, Plaintiff, v. DR. DENISE SZCZUCKI, DR. SETH LEVEN, HAMPTON INNS LLC d/b/a HAMPTON INN, HAMPTON INN MANAGEMENT LLC d/b/a HAMPTON INN, HILTON HOTEL GROUP, NORMAN STEIN, SHERYL DICKER STEIN and FANNIE RECECCA STEIN, Defendants. : : : : : : : : : : : : : : : Case No. 1:16-cv-00182 (JGK) DEFENDANTS’ HAMPTON INNS, LLC d/b/a HAMPTON INN, HAMPTON INNS MANAGEMENT, LLC d/b/a HAMPTON INN and HILTON HOTEL GROUP’S ANSWER TO COMPLAINT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X Hampton Inns LLC d/b/a Hampton Inn (“Hampton Inns”), Hampton Inns Management LLC d/b/a Hampton Inn (“Hampton Management”) (improperly named Hilton Inn Management LLC) and Hilton Hotel Group1 (collectively “Hilton”), with their main address at 7930 Jones Branch Drive, McLean, Virginia 22102, by and through its attorneys, McGuireWoods LLP, now answer Plaintiff’s Complaint (“Complaint”) against them, as follows: 1 Plaintiff names Hilton Hotel Group as a defendant. Hilton Hotel Group is not a valid legal entity. Hilton reserves the right to raise any defenses related to this improper party designation. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 1 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 1 of 12 2 Except as expressly admitted or qualified hereafter, Hilton denies each and every allegation of the Complaint. 1. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of the Complaint, and therefore denies them. 2. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 of the Complaint, and therefore denies them. 3. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 of the Complaint, and therefore denies them. 4. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 4 of the Complaint, and therefore denies them. 5. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 5 of the Complaint, and therefore denies them. 6. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 6 of the Complaint, and therefore denies them. 7. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of the Complaint, and therefore denies them. 8. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of the Complaint, and therefore denies them. 9. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of the Complaint, and therefore denies them. 10. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 10 of the Complaint, and therefore denies them. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 2 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 2 of 12 3 11. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 11 of the Complaint, and therefore denies them. 12. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 12 of the Complaint, and therefore denies them. 13. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 13 of the Complaint, and therefore denies them. 14. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 14 of the Complaint, and therefore denies them. 15. Hilton admits that Hampton Inns and Hampton Management are domestic corporations. Hilton denies the remaining allegations contained in paragraph 15 of the Complaint. 16. Hilton admits that Hampton Inns and Hampton Management are limited liability corporations registered to conduct business in the state of Pennsylvania. Hilton denies the remaining allegations contained in paragraph 16 of the Complaint. 17. Hilton denies the allegations contained in paragraph 17 of the Complaint. 18. Hilton denies the allegations contained in paragraph 18 of the Complaint. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 19. Hilton denies the allegations contained in paragraph 19 of the Complaint. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 3 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 3 of 12 4 20. Hilton denies the allegations contained in paragraph 20 of the Complaint. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 21. Hilton denies the allegations contained in paragraph 21 of the Complaint. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 22. Hilton denies the allegations contained in paragraph 22 of the Complaint. 23. Hilton denies the allegations contained in paragraph 23 of the Complaint. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 24. Hilton denies the allegations contained in paragraph 24 of the Complaint. 25. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 25 of the Complaint, and therefore denies them. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 26. Hilton denies the allegations contained in paragraph 26 of the Complaint. 27. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 27 of the Complaint, and therefore denies them. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 28. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 28 of the Complaint, and therefore denies them. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 4 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 4 of 12 5 29. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 29 of the Complaint, and therefore denies them. 30. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 30 of the Complaint, and therefore denies them. 31. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 31 of the Complaint, and therefore denies them. 32. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 32 of the Complaint, and therefore denies them. 33. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 33 of the Complaint, and therefore denies them. 34. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 34 of the Complaint, and therefore denies them. 35. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 35 of the Complaint, and therefore denies them. 36. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 36 of the Complaint, and therefore denies them. 37. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 37 of the Complaint, and therefore denies them. 38. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 38 of the Complaint, and therefore denies them. 39. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 39 of the Complaint, and therefore denies them. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 5 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 5 of 12 6 40. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 40 of the Complaint, and therefore denies them. 41. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 41 of the Complaint, and therefore denies them. 42. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 42 of the Complaint, and therefore denies them. 43. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 43 of the Complaint, and therefore denies them. 44. Paragraph 44 calls for a legal conclusion and requires no further response. To the extent a further response is required Hilton denies this allegation and demands strict proof thereof. 45. Paragraph 45 calls for a legal conclusion and requires no further response. To the extent a further response is required Hilton denies this allegation and demands strict proof thereof. FIRST CAUSE OF ACTION IN MEDICAL MALPRACTICE 46. Hilton incorporates its answers to the allegations contained in paragraphs 1 through 45 of the Complaint as if fully rewritten herein. 47-52. The allegations set forth in these paragraphs are not directed at Hilton and no further response is required. To the extent further response is required, Hilton is without sufficient information to admit or deny these allegations, accordingly denies the same and demands strict proof thereof. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 6 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 6 of 12 7 SECOND CAUSE OF ACTION IN NEGLIGENCE (Hampton Inns) 53. Hilton incorporates its answers to the allegations contained in paragraphs 1 through 52 of the Complaint as if fully rewritten herein. 54. Paragraph 54 calls for a legal conclusion and requires no further response. To the extent a further response is required Hilton denies this allegation and demands strict proof thereof. 55. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 55 of the Complaint, and therefore denies them. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 56. Hilton denies the allegations contained in paragraph 56 of the Complaint. 57. Hilton is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 57 of the Complaint, and therefore denies them. Hilton did not and does not own, operate, manage or control the day-to-day operations of the subject hotel and did not and does not employ the staff or handle repairs at the subject hotel. 58. Hilton denies the allegations contained in paragraph 58 of the Complaint. 59. Hilton denies the allegations contained in paragraph 59 of the Complaint. 60. Hilton denies the allegations contained in paragraph 60 of the Complaint. THIRD CAUSE OF ACTION IN NEGLIGENCE (Norman and Sheryl Stein) 61. Hilton incorporates its answers to the allegations contained in paragraphs 1 through 60 of the Complaint as if fully rewritten herein. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 7 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 7 of 12 8 62-67. The allegations set forth in these paragraphs are not directed at Hilton and no further response is required. To the extent further response is required, Hilton is without sufficient information to admit or deny these allegations, accordingly denies the same and demands strict proof thereof. FOURTH CAUSE OF ACTION IN WAGE THEFT (Norman, Sheryl and Fannie Rebecca Stein) 68. Hilton incorporates its answers to the allegations contained in paragraphs 1 through 67 of the Complaint as if fully rewritten herein. 69-83. The allegations set forth in these paragraphs are not directed at Hilton and no further response is required. To the extent further response is required, Hilton is without sufficient information to admit or deny these allegations, accordingly denies the same and demands strict proof thereof. Plaintiff’s Complaint contains a Wherefore clause to which no responsive pleading is required. To the extent a further response is required, Hilton denies that the Plaintiff is entitled to any damages or relief against them. ADDITIONAL STATEMENTS Hilton denies all allegations not specifically admitted herein. AFFIRMATIVE DEFENSES Hilton, pursuant to Rule 8(c) of the Federal Rules of Civil Procedure, asserts the following affirmative defenses in this action: FIRST AFIRMATIVE DEFENSE The Complaint, in whole or in part, fails to state a claim upon which relief can be granted against Hilton. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 8 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 8 of 12 9 SECOND AFFIRMATIVE DEFENSE Plaintiff's claim is barred, or, in the alternative, the Plaintiff's demand for damages must be reduced by application of Comparative Negligence. THIRD AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate damages. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s claims against Hilton are barred, in whole or in part, by the doctrines of waiver, estoppel, ratification, laches, and/or unclean hands. FIFTH AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were not caused by Hilton, but by another person or entity for whom or which Hilton is not responsible. Hilton does not own, operate, or manage the subject property, is not involved in the day-to-day activities of the Hampton Inn located at 3723 Nazareth Rd., Easton, Pennsylvania 18045 and did not and does not employ the staff or handle repairs at the subject hotel. SIXTH AFFIRMATIVE DEFENSE Hilton expressly reserves the right to raise such additional affirmative defenses as may be established during discovery by the evidence in this case. Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 9 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 9 of 12 10 WHEREFORE, Hilton respectfully requests that judgment be entered in its favor and against Plaintiff, that the Court award Hilton its costs and fees incurred herein, and that the Court enter any other such relief as is just, proper and necessary. Dated: March 29, 2016 New York, New York McGUIREWOODS LLP By: s/ Michael Van Riper Michael Van Riper mvanriper@mcguirewoods.com Philip A. Goldstein pagoldstein@mcguirewoods.com 1345 Avenue of the Americas, 7th Floor New York, New York 10105-0106 (212) 548-2100 Attorneys for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 10 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 10 of 12 11 CERTIFICATION OF NO OTHER ACTIONS I certify that this dispute is not the subject of any other action pending in any other court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief, no other action or arbitration proceeding is contemplated. In addition, I recognize my continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. McGUIREWOODS LLP By: s/ Michael Van Riper Michael Van Riper mvanriper@mcguirewoods.com Philip A. Goldstein pagoldstein@mcguirewoods.com 1345 Avenue of the Americas, 7th Floor New York, New York 10105-0106 (212) 548-2100 Attorneys for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 11 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 1 of 12 12 CERTIFICATE OF SERVICE I certify that on March 29, 2016, a copy of the foregoing DEFENDANTS’ HAMPTON INNS, LLC d/b/a HAMPTON INN, HAMPTON INNS MANAGEMENT, LLC d/b/a HAMPTON INN and HILTON HOTEL GROUP’S ANSWER TO COMPLAINT was filed electronically with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following counsel of record: Lowell J. Sidney, Esq. The Law Office of Lowell J. Sidney 244 Fifth Avenue, Suite Q278 New York, NY 10001 Attorneys for Plaintiff Bruce Morgan Brady, Esq. Callan, Koster Brady & Brennan, LLP One Whitehall Street New York, NY 10004 Attorneys for Defendant Dr. Denise Szczucki Mark Edward Spund, Esq. Davidoff Malito & Hutcher LLP 200 Garden City Plaza, Suite 315 Garden City, NY 11530 Attorneys for Defendants Norman Stein, Sheryl Dicker Stein and Fannie Rebecca Stein McGUIREWOODS LLP By: s/ Michael Van Riper Michael Van Riper mvanriper@mcguirewoods.com Philip A. Goldstein pagoldstein@mcguirewoods.com 1345 Avenue of the Americas, 7th Floor New York, New York 10105-0106 (212) 548-2100 Attorneys for Defendants Hampton Inns LLC d/b/a Hampton Inn, Hampton Inns Management LLC d/b/a Hampton Inn and Hilton Hotel Group Case 1:16-cv-00182-JGK Document 26 Filed 03/29/16 Page 12 of 12Case 1:16-cv-0 182-JGK Document 61-4 Filed 09/26/16 Page 12 of 12 Case 1:16-cv-00182-JGK Document 40-1 Filed 05/24/16 Page 1 of 2 VN!TED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------.. ------·-·------------------------·------------x JENNIFER CROWHURST, Index No.: 1 :16-cv-00182 (JGK) Plaintiff, -against· CONSENT TO CHANGE ATTORNEYS DR. DENISE SZCZUCKI, DR. SETI! LEVEN, HAMPTON INNS LLC dlbla HAMPTON INN, HAMPTON INN MANAGEMENT LLC d/b/a HAMPTON INN, HILTON HOTEL GROUP, NOR.VIAN STEJN, SHERYL DtCKER STEIN and FANNIE RECECCA STEIN, Defendants. ----------------· ------------------------------------- -------------x IT IS HER.EBY CONSENTED THAT AHMUTY, DEMERS & McMANUS, ESQS., of200 J.U. Willets Road, Albertson, New York, be substituted as attorneys of record for the undersigned party in the above-entitled action in place and stead of the undersigned attorneys as of the date hereof. Dated. Albertson, New York May 11,2016 APPLICATION GFV'\NTED SOiDERED _ _ ~~·:. ~~ By: Jt1,N!CE BERKOi/J!TZ (JB-4489) --- AHMUTY, DEMERS & McMANUS (Incoming Counsel) pvii/~ By: MICHAEL VAN RIPER (MV-6673) McGU!REWOODS LLP (Outgoing Counsel) By: HAMPTON INNS LLC d/b/a HAMPTON INN .. HAMPTON INNS MANAGEMENT LLC dlb/a HAMPON INN and HILTON HOTEL GROUP USDCSDNY DOCUMENT E~ECTR.O"JICALL v "!LEO 4 u0C# tg: CAfEFtLED._sS ac Case 1:16-cv-00182-JGK Document 42 Filed 05/31/16 Page 1 of 2Case 1:16-cv-0 182-JGK Document 61-5 Filed 09/26/16 Page 1 of 2 Case 1:16-cv-00182-JGK Document 40-1 Filed 05/24/16 Page 2 of 2 STATEOF\)\{g\V'tLlk __ ) 1G &"' SS.: COUNTY OF:\i ~A. ) On the ~day of _Ma_u_ , 2016, before me personally came DJ)2fl \A)'1 ~;;, ~e known, who, being by me duly sworn, did depose and say, that he resides at No.JCB:> ·~ \?:{()rM Dci1R .. ffi\l roo VA 'that he is the 'fb"J:\Tlnt ~~ of the Wmp\tn 10C)'.) UJ , the corporation described in and which executed the within insth!lllent; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by Order of the Board of Directors of said corporation, and that he signed h SO ORDERED: JOHN G. KOELTL U.S.D.J. Case 1:16-cv-00182-JGK Document 42 Filed 05/31/16 Page 2 of 2Case 1:16-cv-0 182-JGK Document 61-5 Filed 09/26/16 Page 2 of 2 Case 1:16-cv-00182-JGK Document 61-6 Filed 09/26/16 Page 1 of 2 Case 1:16-cv-00182-JGK Document 61-6 Filed 09/26/16 Page 2 of 2 Case 1:16-cv-00182-JGK Document 53 Filed 08/10/16 Page 1of2 100 \YA'l.'ER STREE'l'. 16"'" FLOOR NEW YORI{. NJ~W YOruc 10038 AHMUTY, DEMERS & MCMANUS 1531 ROUTE82 HOPEWELL JUNCTION, NY 1253$ (84"l 22.q-3-i70 (212) fHS-7788 634 PL"'A"Ni{ROAD SUITE203 A CJ~IF"'TON PARIC, NE\.V YORH 12065 (518) 387-3604 !:i5 CHURCH8TREE'l' SUITE205 WHITE PLAINS, NEW YORJ< 10601 (1)14) 58',l-0934 210.1 PALM BEACH LAin;:s DLVO. SUITE30J WES'l' PALM DEACH, FLOR.IDA 33409 (561) 557-4200 VIAECF Honorable John G. Koeltl United States District Court Southern District of New York 500 Pear I Street New York, New York 10007 AT'I'Ol~NEYS A'l' LA \V 200 I.U. WILLETS ROAD ALBERrJ.'SON, NEW YORK 11507 (516) 294-5433 FACSIMILE (516) 294-5387 August 10, 2016 640 JOHNSON A VENUli:, surrfi: 103 BOHEMIA. NEW YORI{ l 1710 C63Jl 244-0219 65 MADISON A VENUE SUJTE400 MORRISTOWN NEW JERSEY 07900 ({)73) 084-7300 H-~ r:f Jb ~. ~~~~~ 4~-~~· !~/~ Re: Jennifer Crowhurst v. Dr. Denise Szcucki, et al. , p' ,/l~ Docket No. 1:16-CV-00182 (JGK) <;(1fL, b/.( 'JCfy Our File No. : LBCI060616 JB
