‘OLK COUNTY CLERK 09/21/2020 11:59 AM) pene eoeeee ue SIVED NYSCEE: 09/21/: SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK xX PETER CALIENDO and PAULINE CALIENDO and MANUEL ALARCON Plaintiffs, VERIFIED -against- COMPLAINT BELCALIS MARLENIS ALMANZAR aka INDEX NO. CARDI B, and HENNESSY CAROLINA ALMANZAR aka HENNESSY CAROLINA IAS. Justice and MICHELLE DIAZ Defendants. Plaintiffs, appearing by and through their attorney, John Ray of John Ray & Associates, hereby complain of Defendants and allege follows: AS FOR A FIRST CAUSE OF ACTION: FIRST CLAIM FOR ASSAULT 1. At all relevant times, Plaintiffs are each over the age of 18 and each reside in Suffolk County, New York. 2. At all relevant times, upon information and belief Defendant Belcalis Marlenis Almanzar aka Cardi B, was and is a resident of Fulton County, Georgia and is over 18 years of age. 3. At all relevant times, upon information and belief Defendant Hennessy Carolina Almanzar aka Hennessy Carolina, was and is a resident of New York County, New York and is over 18 years of age. 4, Atall relevant times, upon information and belief, Defendant Michelle Diaz. was and is a resident of New York County, New York and is over the age of 18. 5. On September 6, 2020 at approximately 3:30 p.m., Plaintifis were lawfully present at Suffolk County’s outer beach park and beach near Smith Point in Suffolk County, New 2 of 22 020(FILED: “SUF OLK COUNTY CLERK 09/21/2020 11:59 AM) INDEX NO, 613343/: NYSCEF DOC. N 10, ML SIVED NYSCEE: 09/21/: York, engaged in recreation near the Atlantic Ocean, and were licensed and legally permitted to be present, At the aforesaid time, Plaintiffs were duly licensed and legally permitted to park their | motor vehicles on said beach, and had so parked their respective vehicles, in such manner and places, as to conform with Suffolk County’s regulations, in a row of motor vehicles also so parked. Plaintiff Peter Caliendo and Plaintiff Pauline Caliendo had established a small area by | placing a beach tent and chairs on said beach for the presence and their enjoyment of their family, including their son, daughter-in-law and granddaughter, who were also present there at the aforesaid time. Plaintiff Manuel Alarcon had established a small area by emplacing beach chairs and a each umbrella on said heach and a tent near his vehicle, far the presence and enjoyment of himself and his wife. A flag which symbolized the police was attached to the Caliendo tent, and a flag which layed on a truck near the Caliendo area aforesaid, depicted the name “Trump” was Plaintiffs had each made use of and enjoyed the aforesaid beach throughout much of the day on 9-6-20, without disturbance or incident, until about 3:30 p.m. Defendants Hennessy Carolina and Michelle Diaz entered the said beach at approximately 3:30 p.m. within a Mercedes G6, wherein one of said defendants was driving said motor vehicle. Upon information and belief, Defendants’ were not licensed to enter the said beach and did not have a requisite permit or pass to enter the said beach, and/or for Defendants’ said vehicle to enter said beach. 3 of 22 020 020(FILED: SUFFOLK COUNTY CLERK 0972172020 11:59 AM) NYSCEF DOC. N SIVED NYSCEE: 09/21/; 13, Defendants’ vehicle was thereupon ultimately parked by the driver upon said beach in such a manner as to block Plaintiff Alarcon’s vehicle from driving out of Plaintiff Alarcon’s parking area, 14. Plaintiff Peter Caliendo approached Defendant Diaz who was in the Mercedes driver's seat, to inform Defendant Diaz that her vehicle was blocking another vehicle and that she ought to move her Mercedes from blocking the parked car which in fact was Plaintiff’ Alarcon’s motor vehicle. 15. At about the same time that Plaintiff Peter Caliendo approached Ms. Diaz while she was in her vehicle, Plaintiff Alarcon had prepared to leave the beach and was walking to his tent which was pitched behind his vehicle. 16. Plaintiff Alarcon thereupon walked in the vicinity of Plaintiff Caliendo and of Defendant Diaz, which vieinity was in his path to his tent, as he walked toward his tent. 17. While Plaintiff Alarcon was in the aforesaid vicinity of Defendant Diaz and Plaintiff Peter Caliendo, Plaintiff Alarcon was wearing a “MAGA” (“Make America Great Again”) hat 18. At about the same time, Defendant Hennessy Carolina sprinted from the beach to the wz, holding her cell phone and filming, Plaintiffs ity of Plaintiffs and Defendant with that phone, and shouting foul and threatening language and defamatory statements of said Plaintiffs. 19. Defendant Hennessy Carolina intentionally came close to Plaintiffs Peter Caliendo and Alacron, at that aforesaid time and place. INDEX NO. 613343/2020 020 4 of 22SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM) peas eoeeeaue BIVED NYSCEF: 09/21/4020 20. When Defendant Hennessy Carolina was in approximately an arm’s length from Peter Caliendo and Alarcon, Defendant Hennessy Carolina stated threats against said Plaintiffs including but not limited to that Defendant Hennessy Carolina would “beat the fuck out | of” Plaintiffs and that Defendant Hennessy Carolina would “bring my people” to beat the Plaintiffs. 21. When Defendant Hennessy Carolina was in approximately an arm’s length from Peter Caliendo and Alarcon, Defendant Hennessy Carolina sprayed her copious spittle upon said Plaintiffs as she raged and stated said threats, foul and intimidating language, and defamatory statements at said Plaintiffs. 22, Defendant Hennessy Carolina knew or should have known that her spraying of spittle | upon Plaintiffs at a time when COVID-19 virus infection was a nation-wide threat to all | persons in the U.S, was assaulting, threatening and intimidating to said Plaintiffs | 23. When Hennessy Carolina acted as aforesaid, Defendant Hennessy Carolina intended that | her aforesaid behavior and words would threaten, intimidate, assault and cause physical and mental harm to Plaintiffs, and said Defendant had the real or apparent ability to bring about such physical and mental harm to said Plaintiffs 24. Defendant Hennessy Carolina’s aforesaid actions did in fact threaten, intimidate and place each said Plaintiff in apprehension of imminent harm or of offensive conduct, and did cause harm to each said Plaintiff. 25. By reason of the foregoing, Defendant Hennessy Carolina assaulted Plaintiff Peter Caliendo and Plaintiff Manuel Alarcon, of 22 |(FILED: SURFOLK COUNTY CLERK 09/21/2020 11:59 AM) Peon eeeeea fue BIVED NYSCEF: 08/21/2020 26. By reason of the foregoing, Plaintiff Peter Caliendo and Plaintiff Manuel Alarcon suffered, and continue to suffer fear, intimidation, emotional distress, depression, anxiety, humiliation, and mental anguish. 27. By reason of the foregoing, Plaintiff Peter Caliendo and Plaintiff Manuel Alarcon have been damaged in a sum to be determined by a tricr of fact. 28. By reason of the foregoing, Plaintiff Peter Caliendo and Plaintiff Alarcon are entitled to punitive and exemplary damages in a sum to be determined by a trier of fact. 29, By reason of the foregoing, Plaintiff Peter Caliendo and Plaintiff Manuel Alarcon are entitled to an award of attorney's fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR A SECOND CAUSE OF ACTION: ASSAULT 30. Plaintiffs repeat paragraphs I throngh 25 herein 31. Shortly after Defendant Hennessy Carolina assaulted Plaintiffs Peter Caliendo and Manuel Alarcon, Plaintiff Pauline Caliendo arrived at the said vicinity of the assault. 32, Thereupon Plaintiff Pauline Caliendo’s arrival, Defendant Hennessy Carolina came within approximately an arm’s length of Plaintiff Pauline Caliendo, shouting foul language and defamatory and intimidating statements and threats, including physical threats at Plaintiff Peter Caliendo and Plaintiff Pauline Caliendo, including, but not limited to “Shut the fuck up Karen”, “I'll beat the fuck out of you”, “Get the fuck outta here Karen”, “Fuck these fucking people”, “Shut the fuck up”, “suck my dick, bitch”, “Bitch, I got a strap”, “I got a dildo, I’m gonna shove it up your ass then your husband’s ass”, “I'l beat the fuck out of you, I'll bring my people”, Fuck the niggas before I bring my fucking niggas to beat your 6 of 22(FILED: SUI FOLK COUNTY CLERK 09/21/2020 11:59 AM) NYSCEF DOC. N SIVED NYSCEE: o9/2a/; fucking ass, for real”, “Just to let you know that you will be online and your husband”, “I| have 9.5 million followers, bitch nigga”. 33. When Defendant Hennessy Carolina was in approximately an arm’s length from Plaintiff] Pauline Caliendo and Plaintiff Peter Caliendo, Defendant sprayed her copious spittle upon said Plaintiffs and Defendant Hennessy Carolina raged and stated threats, foul and intimidating language and defamatory statements at said Plaintiffs 34, Defendant Hennessy Carolina knew or should have known that her spraying, of spittle upon Plaintiffs at a time when the COVID-19 virus infection was a nation-wide threat to all | persons in the U.S., was assaulting, threatening and intimidating to said Plaintiffs. 35. When Defendant acted as aforesaid, Defendant Hennessy Carolina intended that her| | aforesaid behavior would threaten, assault, intimidate and cause harm to Plaintiffs, and said Defendant had the real or apparent ability to bring about such physical and mental harm to Plaintiffs. 36, Defendant Hennessy Carolina’s aforesaid actions did in fact threaten, assault, intimidate and place each said Plaintiff in apprehension of imminent harm or of offensive conduct, and did cause harm to each said Plaintiff. 37. By reason of the foregoing, Defendant Hennessy Carolina assaulted Plaintiff Pauline Caliendo and Plaintiff Peter Caliendo 38. By reason of the foregoing, Plaintiff Pauline Caliendo and Plaintiff Peter Caliendo suffered and continue to suffer fear, intimidation, emotional distress, depression, anxiety, ‘humiliation, financial harm, and mental anguish. 39, By reason of the foregoing, Plaintiff Pauline Caliendo and Plaintiff Peter Caliendo have been damaged in a sum to be determined by a trier of fact 7 of 22 INDEX NO, 613343/2020 020FILED: SUB NYSCEF DOC. Nd FOLK COUNTY CLERK 09/21/2020 11:59 AM) pee ee eee 40. 41. 42, 43. 44. 45. 46. 41, 48. SIVED NYSCEE: 09/23/] By reason of the foregoing, Plaintiff Peter Caliendo and Pauline Caliendo are entitled to punitive and exemplary damages in a sum to be determined by the trier of fact. By reason of the foregoing, Plaintiff Pauline Caliendo and Plaintiff Peter Caliendo are entitled to an award of attomey’s fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR A THIRD CAUSE OF ACTION: BATTERY Plaintiffs repeat paragraphs | through 25, and 31 through 37. Defendant Hennessy Carolina's aforesaid spraying of spittle upon Peter Plaintiff Peter Caliendo , Plaintiff Pauline Caliendo and Plaintiff Manuel Alarcon was a battery of each aforesaid Plaintiff, and offended each Plaintiff's reasonable sense of personal dignity. By reason of the foregoing Plaimtfis Pauline Caliendo, Peter Caliendo, and Manuel Alarcon suffered and continue to suffer fear. intimidation, emotional distress. depression. anxiety, humiliation, financial harm, and mental anguish By reason of the foregoing, Plaintiffs Pauline Caliendo, Peter Caliendo, and Manuel Alarcon have been damaged in a sum to be determined by a trier of fact. By reason of the foregoing, Plaintiffs Pauline Caliendo, Peter Caliendo and Manuel Alarcon are entitled to punitive and exemplary damages in a sum to be determined by the trier of fact. By reason of the foregoing Plaintiffs Pauline Caliendo, Peter Caliendo, and Manuel Alarcon are entitled to an award of attomey’s fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR A FOURTH CAUSE OF ACTION: PRIME FACIE TORT Plaintifis repeat paragraphs 1 through 25, and 32 through 37, and 43. 020 020 8 of 22(FILED: SURFOLK COUNTY CLERK 09/21/2020 11:59 AM pee ee came NYSCEF DOC. N SIVED NYSCEE: o9/2a/; 49, By reason of the foregoing, Defendant Hennessy Carolina’s aforesaid conduct, Defendant Hennessy Carolina engaged in deliberate and grossly negligent , wrongful conduct against each Plaintiff, constituting a prima facie tort against each aforesaid Plaintiff. 50. By reason of the foregoing Plaintiffs Pauline Caliendo, Peter Caliendo, and Manuel Alarcon suffered and continue to suffer fear, intimidation, cmotional distress, depression, anxiety, humiliation, financial harm, and mental anguish. 51. By reason of the foregoing Plaintiffs Pauline Caliendo, Peter Caliendo, and Manuel Alarcon have been damaged in a sum to be determined by a trier of fact. 52. By reason of the foregoing, said Plaintiffs are entitled to punitive and exemplary damages, to be determined by the trier of fact. 53. By reason of the foregoing Plaintiffs Pauline Caliendo, Peter Caliendo, and Manuel Alarcon are entitled to an award of attorney's fees, costs and dishursements in a sum to he determined by the trier of fact or by the court AS FOR A FIFTH CAUSE OF ACTION: DEFAMATION OF CHARACTER: SLANDER 54, At all times herein, Plaintiff Peter Caliendo had enjoyed a good reputation including for being non-racist and non-sexist and for integrity, in his community and in Long Island and in the state of New York. 55. Atall times herein, Plaintiff Pauline Caliendo had enjoyed a good reputation including for being non-racist and non-sexist and for integrity, in her community and in Long Island and in the state of New York. 9 of 22 020 020ILED: SUFFOLK COUNTY CLERK 0972172020 11:59 NYSCEF DOC. Nt ; | | INDEX NO. 613343/; RECEIVED NYSCEF: 09/21/ 56. At all times herein, Plaintiff Manuel Alarcon had enjoyed a good reputation including for being non-racist and non-sexist and for integrity, in his community and in Long Island and in the state of New York. 57. Plaintiffs repeat paragraphs | through 25 and 32 through 37, and 43. 58. Defendant Hennessy Carolina spoke the following words conceming Plaintiffs, which defamed each of the said Plaintiffs, on the aforesaid beach in the presence of others at the aforesaid time and date: on September 6, 2020 at approximately 3:30 p.m. Hennessy Carolina referred to Plaintiffs as “nigga” and “niggas”, and to Plaintiff Pauline Caliendo as “bitch” and “Karen”, and Plaintiff Peter Caliendo as “Santa Claus” and “Kevin “ and “Pink man”. “Shut the fuck up Karen”, “Get the fuck outta here, Karen”, “Fuck these fucking people, I pay my fucking taxes, nigga”, “Suck my dick, bitch”, “nigga”, | “niggas”, “Go hack ta your conntry”, “hiteh half niggas”, “mother furker”, “Fuck these fucking niggas”, “Fuck these niggas before I bring my fucking niggas to beat your fucking ass, for real”, “Bitch, you are stupid”, “T have 9.5 million followers, bitch nigger”, “Fuck these niggas”, “Racist”, and accusing Plaintiffs of “racism”. 59, Such aforesaid defamatory words were spoken and published as well via Defendant Hennessy Carolina’s publishing such words on her electronic internet wherein several of the aforesaid words spoken were video recorded and audio recorded, and upon information and belief made available by Hennessy Carolina to several million people who viewed the video and heard the audio of the words spoken by Defendant Hennessy Carolina Almanzar aka Hennessy Carolina, Such words and videos were published on at Tik Tok, Facebook, least the following: YouTube, TMZ, Twitter, The Purcell Register, The U.S. Sun, Fox News, Snapehat, Red State, Instagram, Daily Mail, Worldstarhiphop, 10 of 21 020 020(FILED: SUEXOLE COUNTY CLERK 09721/2020 11:59 AM mex Noe el asae/ NYSCEF DOC. Nt 60. 61 62. 63, 65, 66. RECEIVED NYSCEF: 09/21/ ‘Trend Centre, Indian Visual Planet, Everything Is Connected, The Epoch Times, Viral Star, U.S. Today Sun, Live Komik., The Mercury, CA Posts, Citizen Tribune, The Sun News, Beautycon, WCCSRADIO, Statue of Society, VHI, Magic Valley, MEAWWW.. Celebrity News, Oleantimes Herald, USA Today Sun, New.Yahoo, Newtime ~ Mo., Namex.co, Dailymail.co.uk, TVSHOWBIZ, Mailonline, Rolling Out, Dailyootvogue, Supertalk WF HG., Siouxcounty Radio, Fox41 Yakima, Flipboard, Newsbreak, Foxbang.org, Montannarightnow, OMAHA, The Grio, OANOW, Soho Dot, Zilly Sports, lamcardib, and other sites. Defendant Hennessy Carolina’s utterance of the said words which defamed said Plaintiffs , were spoken by Defendant Hennessy Carolina internationally. Defendant Hennessy Carolina’s utterance of the said words which defamed said Plaintiffs, were spoken hy Defendant maliciously Defendant Hennessy Carolina’s utterance of the said words which defamed said Plaintiffs, were spoken by Defendant Hennessy Carolina willfully Said words uttered by Hennessy Carolina were false as to each Plaintiff. Said words uttered by Hennessy Carolina were known to Defendant Hennessy Carolina to be false Said words uttered by Defendant Hennessy Carolina intended to expose and exposed each Plaintiff to public hatred, contempt, ridicule and disgrace, and harmed and destroyed each Plaintiffs” aforesaid good reputation grievously and permanently, By reason of the foregoing, each Plaintiff has been damaged, said damage to be in a sum to be determined by the trier of fact 10 il of 21 020 020FILED: SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM) pee ee came SIVED NYSCEE: o9/2a/; 67. By reason of the foregoing, cach Plaintiff is entitled to punitive and exemplary damages, in a sum to be determined by the trier of fact. 68. By reason of the foregoing, cach Plaintiff is entitled to attorney's fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR A SIXTH CAUSE OF ACTION: DEFAMATION OF CHARACTER: LIBEL, 69. Plaintiffs repeat paragraphs | through 26, and 31 through 37, and 43. 70. Upon information and belief Defendant Hennessy Carolina, and Defendant Cardi B, and Defendant Michelle Diaz, published the following defamatory words concerning Plaintiffs contained in videos published by said Defendants on the electronic internet: “nigga” and “niggas”, and to Plaintiff Pauline Caliendo as “bitch” and “Karen”, and Plaintiff Peter Caliendo as “Santa Claus” and “Kevin “ and “Pink man”. “Shut the fuck up Karen”, “Get the fuck outta here, Karen”, “Fuck these fucking people, I pay my fucking taxes, nigga”, “Suck my dick, bitch”, “nigga”, “niggas”, “Go back to your country”, “bitch half niggas”, “mother fucker”, “Fuck these fucking niggas”, “Fuck these niggas before I bring my fucking niggas to beat your fucking ass, for real”, “Bitch, you are stupid”, “I have 9.5 million followers, bitch nigger”, “Fuck these niggas”, “Racist”, and accusing Plaintiffs of “racism”. 71. Upon information and belief, Defendants Hennessy Carolina, Cardi B, and Michelle Diaz published the following defamatory words concerning Plaintiffs contained in electronic postings made by said Defendants on the internet: “nigga” and “niggas”, and to Plaintiff Pauline Caliendo as “bitch” and “Karen”, and Plaintiff Peter Caliendo as “Santa Claus” and “Kevin “ and “Pink man”. “Shut the fuck up Karen”, “Get the fuck outta here, | u 12 of 21 020 020(FILED: SURFOLK COUNTY CLERK 09/21/2020 11:59 AM) pee ee came 15, 72. 2B. 74, 76. 71. 8. 29. SIVED NYSCEE: o9/2a/; Karen”, “Fuck these fucking people, I pay my fucking taxes, nigga”, “Suck my dick, bitch”, “nigga”, “niggas”, “Go back to your country”, “bitch half niggas”, “mother fucker”, “Fuck these fucking niggas”, “Fuck these niggas before I bring my fucking niggas to beat your fucking ass, for real”, “Bitch, you are stupid”, “I have 9.5 million followers, bitch nigger”, “Fuck these niggas”, “Racist”, and accusing Plaintiffs of “racism”. Upon information and belief, Defendants Hennessy Carolina, Cardi B, and Michelle Diaz made available and intended to make available and to publish the said defamatory words to several million people who, upon information and belief, viewed the postings and read the aforesaid words therein. Defendants’ publication of said defamatory words as to each Plaintiff, were published by said Defendants internationally Defendants’ publication of said defamatory words as to each Plaintiff, were published by said Defendants maliciously. Defendants’ publication of said defamatory words as to each Plaintiff, were published by said Defendants willfully. Said words published by Defendants were false as to cach Plaintiff. Said words published by Defendants were known to Defendants to be false. Said words published by Defendants tended to, and did, expose each Plaintiff to public contempt, ridicule and disgrace, and defamed and destroyed each Plaintiff's aforesaid good reputation grievously and permanently. By reason of the foregoing, each Plaintiff has been damaged, said damage to be in a sum to be determined by the trier of 12 13 of 21 | | | 020 020FILED: SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM pee eaee eeeee tue SIVED NYSCEF: 09/21/4020 80, By reason of the foregoing, each Plaintiff is entitled to punitive and exemplary damages, in a sum to be determined by the trier of fact. 81. By reason of the foregoing, each Plaintiff is entitled to attorney's fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR A SEVENTH CAUSE OF ACTION: DEFAMATION OF CHARACTER: LIBEL BY FALSE LIGHT 82, Plaintiffs repeat paragraphs | through 26, and 32 through 37,43 and paragraphs 58 through 65. 83. Upon information and belief, said Defendants edited the said videos which Defendants published in such a way as to remove portions thereof, and thereby hold Plaintiffs in a false light, so as to tend to expose and in fact expose each Plaintiff to public contempt, ridicule | and disgrace and harm and destroy each Plaintiff's aforesaid good reputation grievously and permanently. 84, By reason of the foregoing, each Plaintiff has been damaged, said damage to be in a sum to be determined by the trier of fact. 85. By reason of the foregoing, each Plaintiff is entitled to punitive and exemplary damages, ina sum to be determined by the trier of fact. 86, By reason of the foregoing, each Plaintiff is entitled to attomey’s fees, costs and disbursements in a sum to be determined by the trier of fact or by the court. AS FOR AN EIGHTH CAUSE OF ACTION: VIOLATION OF PLAINTIFFS’ CIVIL RIGHTS TO PRIVACY UNDER NEW YORK LAW 87. Beginning on about 9-6-20, Defendants published Plaintiffs’ pictures on the Defendants’ electronic internet and social media. 13 14 of 21(FILED: “SUFFOLK COUNTY CLERK 0972172020 11:59 AM) ened eee oc SIVED NYSCEF: 09/21/ | 88, Defendants have been and are public figures, in particular Defendant Belcalis Marlenis Almanzar, aka Cardi B and Hennessy Carolina Almanzar aka Henn world-renowned rappers who sing rap songs published over the public airwaves and on the internet and engage in public entertainment performances published over the airwaves and on the internet, and Michelle Diaz is a renowned modcl and intimate friend of Hennessy Carolina. 89. Upon information and belief, each Defendant has a following on the internet of millions of people world-wide, who constitute a large portion of the public who subscribe to and purchase each of Defendants’ songs and performances. 90. Upon information and belief, each Defendant has cultivated and grown an increasing following of fans of theirs including millions of people world-wide, by posting videos of themselves and others and comments hy them on the internet and social media 91. Upon information and belief, such Defendants engage in the posting of videos of themselves and others, and of comments as aforesaid on the intemet and social media, for the commercial purpose of generating new fans and pleasing current fans, and generating support from news media and other media, in order to generate income from such fans and followers who pay and will pay to Defendants sums of money to view Defendants and hear their songs, and watch their performances, and advance the Defendants’ careers and their economic gain. 92. The aforesaid methods used by Defendants constitute a method of advertising. 93. The aforesaid methods used by Defendants constitute trade purposes of the Defendants. 94, Upon information and belief, in seeking to engage in a means of advertising and for trade each Defendant has deliberately degraded, harmed, insulted and purposes as afore 4 15 of 21 Carolina are | 020 020FILED: SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM NYSCEF DOC. N 95 96. 97, 98. 99. INDEX NO, 613343/2020 BIVED NYSCEE: 08/21/2020 | otherwise has publicly uttered foul, filthy disparagements about, and cast obloquy, upon Donald Trump and his supporters, in order to commercially succeed, advance their careers and eam more monies from and through those persons and media persons who dislike or despise Donald Trump and his followers, In order to engage in the aforesaid methods of advertising and to engage in trade purposes for themselves, Defendants published the video pictures of Plaintiffs , including Plaintiff Alacron wearing a MAGA hat, and Plaintiff's display of a Trump flag and flag honoring police, by publishing the aforesaid videos on the internet and social media. Defendants’ aforesaid defamation, foul language, filthy sexual references and disparagements, which Defendants deliberately directed at and associated with Plaintifs and with Donald Trump, were deliberately connected by Defendants to video pictures of Plaintiffc and the publication af said pictires, in onder to advertice Nefondants | commercially and engage in advancing trade purposes for themselves, as aforesaid. Defendants published the said pictures of Plaintiffs without Plaintiffs’ consent, written or verbal The publication of said video pictures took place world-wide, including in New York State, By reason of the foregoing, Plaintiffs have suffered and continue to suffer fear, | intimidation, and mental anguish, and the loss of fair market value of the use of each Plaintiffs’ depictions, and the loss to each Plaintiff of the use of each Plaintiffs’ respective picture; and Plaintiffs incurred actual monetary losses by reason of Defendants’ aforesaid behaviors, including the loss of income and the reduction of Plaintiff's capacity to earn income in the future by reason of the pictures’ publication. | 15 16 of 21SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM) pera uae 1 BIVED NYSCEF: 09/21/3020 100. By reason of the foregoing, Plaintiffs are and should be entitled to the monetary value obtained by Defendants of the use of the pictures by Defendants. 101 By reason of the aforesaid publication by Defendants of pictures of Plaintiffs, | Plaintiffs sustained injury and damages in a sum to be determined by the trier of fact 102 By reason of the foregoing, Plaintiffs are entitled to punitive damages in an i amount to be determined by the trier of fact. | 103 By reason of the foregoing Plaintiffs are entitled to an award of attomey’s fees, | costs and disbursements, in a sum to be determined by the trier of fact or by the court | WHEREFORE, Plaintiffs) pray for judgement as follows: } : | a) On the first cause of action: the first claim for assault, for a sum to be determined by the | trier of fact, and for punitive damages and exemplary damages and for attorney's fees, costs and disbursements; b) On the second cause of action: for assault, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages and for attorney’s fees, costs and disbursements; ©) On the third cause of action: for battery, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages and for attorney’s fees, costs and disbursements; d) On the fourth cause of action: for prima facie tort, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages and for attomey’s fees, costs and disbursements; i 17 of 22(FILED: SUFFOLK COUNTY CLERK 0972172020 11:59 AM pees eaeeeafuee wyscer Doc. nd] i. RECEIVED NYSCBF: 09/21/3020 e) On the fifth cause of action: for defamation of character : slander, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages and for attorney's fees, costs and disbursements; | f) On the sixth cause of action: for defamation of character: libel, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages and for | attorney’s fees, costs and disbursements; 2) On the seventh cause of action: for defamation of character: libel by false light, for a sum to be determined by the trier of fact, and for punitive damages and exemplary damages | and for attorney's fees, costs and disbursements; hh) On the eighth cause of action: for violation of Plaintiffs civil rights of privacy under New York Law, for a sum to be determined by the trier of fact, and for punitive damages | | and exemplary damages and for altomey"s fees, caste and dichursements; Dated: September 15, 2020 Yours, etc., Miller Place, NY Attorney for Plaintiffs 122 N. Country Road Miller Place, NY 11764 | 631-473-1000 john@johnraylaw.com To: Defendants Clerk of the Court 1a of 21 1(FILED: SUI FOLK COUNTY CLERK 09/21/2020 11:59 AM) pee ee eee NYSCEF DOC. N SIVED NYSCEE: 09/21/| VERIFICATIONS STATE OF NEW YORK ) )ss. COUNTY OF SUFFOLK) PETER CALIENDO, being duly sworn, deposes and says: He is the Plaintiff in the within action; he has read and knows the contents of the foregoing Verified Complaint and the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. ee) PETER CALIENDO Swopp to before me the 17 day of Septembgr JOHN RAY NOTARY PUBLIC-STATE OF NEW YORK No. 02844786739 Qualified in Suffolk County My Commission Expires May 31, 2099 Notary Public STALE OF NEW YURK ) )ss.: COUNTY OF SUFFOLK ) PAULINE CALIENDO, being duly sworn, deposes and says: She is the Plaintiff in the within action; she has read and knows the contents of the foregoing Verified Complaint and the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes it to be true, PAULINE CALIENDO Swom to before me the [eit day of September 2 Notary Public JOHN RAY PARY PUBLIC-STATE OF NEW YORK No, 02884786739 Quaiitied in Suttowk County My Commission Expires May 31, 20% 020 020 19 of 21(FILED: SUI FOLK COUNTY CLERK 09/21/2020 11:59 AM) pee ee eee NYSCEF DOC. N SIVED NYSCEE: 09/21/| STATE OF NEW YORK ) )ss. |) COUNTY OF SUFFOLK ) MANUEL ALARCON, being duly swom, deposes and says: He is the Plaintiff in the within action; he has read and knows the contents of the foregoing Verified Complaint and the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief. and that as to those matters he believes it to be true. ae oe —___ ‘NUEL ALARCON ~ ‘Swon to before me the cyn JAK cay of Septembs Notary Public JOHN RAY NOTARY PUBLIC-STATE OF Nf No. 02844786739 uatitied In Suttowk County My Commission Expires Moy 31, 2082. fon, | 20 of 21 020 020FILED: SUFFOLK COUNTY CLERK 09/21/2020 11:59 AM) DNDEX NO-..613243/2020 SCEIVED NYSCEF: 09/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No, Year: 2020 PETER CALIENDO and PAULINE CALIENDO. and MANUEL ALARCON Plaintiffs, -against- BELICALIS MARLENIS ALMANZAR aka CARDIB, and HENNESSY CAROLINA. ALMANZAR aka HENNESSY CAROLINA. and MICHELLE DIAZ Defendants. SUMMONS WITH NOTICE & VERIFIED COMPLAINT JOHN RAY & ASSOCIATES Attorney(s) for Plaintiffs 122. North Country Road P.O. Box 5440 Miller Place, New York 11764-1117 (631) 473-1000 Te Clerk of the Court “ge All Defendants Service ofa copy of the within choy alhet Dated, nee Yours, ete JOHN RAY & ASSOCIATES ‘Attomey(s) for: Attorneys for Plarnfs 122 NORTH COUNTRY ROAD Dated: September 18, 2020 P.0, BOX 5440 ‘MILLER PLACE, NEW YORK 11764-1117 (631) 473-1000 21 of 21