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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO.

51528/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2019

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF WESTCHESTER
________________________---------------X
MICHAEL J. GRACE Summons with notice

Index No.

Plaintiff,

Date Filed:
-against-

The Examiner News and Melvyn R. Tanzman,

Defendants.

X
To the above named Defendant:

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 attorney(s) within 20 days after the service

of this summons, exclusive of the day of service, where service is made by delivery upon

you personally within the state, or within 30 days after completion of service where service

is made in any other manner. In case of your failure to appear or answer, judgment will be

taken against you by default for the relief demanded in the Complaint.

Plaintiff designates Westchester County as the place of trial.

The basis of the venue is Plaintiffs residence.

Plaintiff resides at Yorktown Heights, New York

PLEASE TAKE FURTHER NOTICE THAT:

The nature of the action is libel.

Upon your failure to appear, judgment will be taken against you by default for the

sum of $ with interest from 20 together with costs and

disbursements of this action.

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2019

Dated: Yorktown Hts., NY


January 23, 2019 Yours, etc.

GRACE & G CE

Bý: William J. Grace, Esq.

Attorney(s) for Plaintiff

360 Underhill Avenue

Yorktown Heights, NY 10598

(914) 962-6100

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2019

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF WESTCHESTER
X
MICHAEL J. GRACE VERIFIED

COMPLAINT
Index No.

Plaintiff,

Date Filed:
-against-

The Examiner News and Melvyn R. Tanzman,

Defendants.

=======================================x

Plaintiff Michael J. Grace alleges upon information and belief the

following:

THE PARTIES

1. At all times hereinafter mentioned Plaintiff Michael J. Grace was and is

an attorney licensed to practice law in the Courts of the State of New York with

offices located at 360 Underhill Avenue, Yorktown Heights, NY.

2. At all times hereinafter mentioned Plaintiff Michael J. Grace was the

duly elected Supervisor of the Town of Yorktown, Westchester County, New York

from January 2012 through December 31, 2017.

3. At all times hereinafter mentioned Defendant The Examiner News

Examiner"
publishes a newspaper called the "Northern Westchester .a free weekly

newspaper circulated and distributed throughout the Town of Yorktown and

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
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adjacent communities in Northern Westchester County, State of New York.

4. At all times hereinafter mentioned Defendant Melvyn R. Tanzman is a

Editor"
frequent contributor to the "Letters to ‡he section of the Defendant The

Examiner News..

STATEMENT OF FACTS PERTAINING TO


THE LIBEL CAUSES OF ACTION

5. Plaintiff repeats, reiterates and realleges the allegations set forth in

paragraphs 1 through 4 as if fully set orth herem.

6. In a Letter to the Editor com osed by and/or credited to Defendant

Melvyn R. Tanzman for the Defendant The Examiner News entitled "Current

Grace"
Yorktown Administration Governs with More published on January 8,

2019 the following statement appeared:

Michael Grace lost because the majority o Yorktown residents saw

him for what he was: self serving, arrogant, and ünwilling to compromise or

even listen to those who do not agree with him.... I believe he made self

enrichment deals behind the scenes that did not benefit the Town including
properties..."
the transformation of his and former Senator Murphy's

7. The entire January 8, 2019 letter is attached hereto and incorporated by

reference herein.

8. The aforesaid excerpt attempts to portray the Ulaintiff as having engaged

in unethical and/or criminal behavior and of having used his political office for

self enrichment.

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
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9. The published letter creates an impression th t Plaintiff was corrupt and

depraved both politically and profess onally.

AS AND FOR A FIRST CAUSE OF ACTION FOR LIBEL

10. Plaintiffs repeat, reiterate and reallege the allegations stated in

paragraphs 1 through 9 above as if fully set forth herei1†.

11. The statements published by the Defendants on January 9, 2019 and set

forth herein and incorporated by refe ence herein regarbing the Plaintiff is false.

12. Defendants acted with kno ledge of the falsity of these statements and

the implications therefrom, and knov ingly published said false statements to the

public.

13. Defendants acted with rect less disregard for the truth in knowingly

publishing said false statements to the public.

14. Defendants acted with mallcious intent, both presumed and actual, in

knowingly publishing such false statepents to the public.

15. These aforesaid statements defame and otherwise impugn Plaintiff's

character, integrity, reputation, charg¢ him with a serious crime and disparage the

Plaintiff in his profession, trade and/or business and are libelous per se.

16. Even if the damages are not presumed, Plaintiff has suffered special

damages in lost revenue and lost clie ts as well as othe economic damages to

Plaintiff's livelihood.

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17. That as a result of the foregoing, Plaintiffs heve been damaged in a sum

which exceeds the jurisdictional limits of all lower Courts which would otherwise

have jurisdiction.

AS AND FOR A SECOND CAUSE OF ACTION FOR LIBEL PER SE

18. Plaintiffs repeat, reiterate and reallege the al egations stated in

paragraphs 1 through 17 above as if fully set forth herein.

19. That the aforementioned and attached staten)ent as appeared and

published by the Defendants is libel per se and Plaintiff as a result thereof was

subject to malicious and false accusations of being corrupt and aspersions on his

integrity and professional reputation and causing egregious daitiage to his

livelihood, his earnings and his professional life.

WHEREFORE, Plaintiff demands judgment in both causes of action in a

sum that exceeds the jurisdictional limits of all lower Courts tliat would otherwise

have jurisdiction together with such 9ther and further telief as|the Court deems

just and proper.

Dated: January 9, 2019

Yorktown Heights, NY

; Yours, etc.,

GRACE evGI E

WilliadefacprEfsq.

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
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By: William J. Grace, Esq.

Attorney(s) for Plaintiff

360 Underhill Avenue

Yorktown Heights, NY 10598

(914) 962-6100

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
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360 Underhill Aÿenue

Yorktown Heights, NY 10598

(914) 962-6100

TO:

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FILED: WESTCHESTER COUNTY CLERK 01/25/2019 12:17 PM INDEX NO. 51528/2019
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INDIVIDUAL VERIFICATION

STATE OF NEW YORK )


)ss:

COUNTY OF WESTCHESTER

Michael J. Grace , being duly sworn says,

I am the Plaintiff in the action herein. I have read the annexed Verified Complaint

know the contents thereof, and the|same are true to my knowledge, except those matters

therein which are stated to be allegpd on information and belief,-aridTs2those matters, I

believe them to be true.

Sworn to before me this


23rd day of J , 9

Notary

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