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a o n 1 G 1 t ~ A LSUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) (MARY SLIWA,
Plaintiff,
-against-CURTIS SLIWA and MELINDA KATZ,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) (
Index No.
SUMMONSBasis of Venue isPlaintiff's residenceat 215 East 96th StreetNew York, NY 100128Date Summons Filed withCourt: March 21, 2013
TO THE ABOVE NAMED DEFENDANTS: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 thissummons, to serve a notice of appearance, on Plaintiffs Attorney within twenty (20)days after the service of this summons, exclusive of the day of service (or within thirty(30) days after the service is complete if this summons is not personally delivered toyou within the State of New York); and in case of your failure to answer or appear,judgment will be taken against you by default for the relief demanded in the notice setforth below and in the complaint.Dated: March 21, 2013
Attorney for PlaintiffOffice & P.O. Address15 East 32nd Street, 3rd FloorNew York, NY 10016Tel: (212) 564-8181Fax: (212) 564-4414Email: [email protected]
ILED: NEW YORK COUNTY CLERK 05/09/2013 INDEX NO. 154296/
SCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/
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To:Curtis Sliwa67 -42 Ingram StreetForest Hills, NY 11375Melinda Katz67-42 Ingram StreetForest Hills, NY 11375
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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - xMARY SLIWA,
Plaintiff,
-against-CURTIS SLIWA and MELINDA KATZ,
Defendants.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
Index No.VERIFIEDCOMPLAINT
Plaintiff, by her attorney, Paul W. Siegert, as and for her Complaint, alleges asfollows:
1. At all relevant times hereinafter mentioned, plaintiff has resided in theCity, County and State of New York.
2. At all relevant times hereinafter mentioned, defendant, Curtis Sliwa, hasresided in the City and State of New York and presently resides at 67-42 Ingram Street,Forest Hills, NY 11375 with co-defendant, Melinda Katz.
3. At all relevant times hereinafter mentioned, defendant, Melinda Katz, hasresided at 67-42 Ingram Street, Forest Hills, NY 11375.
4. Plaintiff and Curtis Sliwa were married on Ju1y 8, 2000 m the City,County and State of New York.
5. Plaintiff and Curtis Sliwa have a classified special needs child of the
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marriage, Anthony Chester Sliwa, who was born on December 11, 2003.6. A Judgment of Divorce ending the marriage of the Plaintiff and Curtis
Sliwa was granted on May 7, 2012 and entered on June 4, 2012 in the Office of theKings County Clerk.
7. For many years prior to the Judgment of Divorce, although Plaintiff andCmiis Sliwa resided together as husband and wife in the marital home in New YorkCounty, Curtis Sliwa had a secret, personal and intimate relationship with defendant,Melinda Katz, and committed adultery with her on a myriad of occasions. For example,
(a) on February 25, 2010 at 67-42 Ingram Street, Forest Hills, NewYork, 10375;(b) on March 17, 2010 (St. Patrick's Day) at 67-42 Ingram Street,Forest Hills;( c) on March 31, 2010, after stating that he had gone to CrownHeights and wasn't feeling well and was dehydrated, defendant falselystated he would be sleeping at the Empire State Building, but instead,traveled to 67-42 Ingram Street, Forest Hills, New York, and engaged insexual intercourse with Melinda Katz;(d) on April 9, 2010 after stating that he had gone to a Mets gameand that a friend had dropped him off at the Empire State Building,defendant lied to plaintiff and stated that he had slept at the Empire StateBuilding when, in fact, he had gone to 67-42 Ingram Street, Forest Hills,New York, to engage in sexual intercourse with Melinda Katz;(e) on April 13, 2010 after stating that he had gone to a Yankee gameand had an appointment at the Metropolitan Club, defendant did not cometo the marital home but rather went to 67-42 Ingram Street, Forest Hills,New York, to engage in sexual intercourse with Melinda Katz;(f) on June 4, 2010 after going to Secaucus, New Jersey, defendantcalled plaintiff and said "all aboard, get those critters ready" and thathe would be home, but he did not come home and, in fact, went to 67-42
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Ingram Street, Forest Hills, New York to engage in sexual intercourse withMelinda Katz;(g) on June 5, 2010, after telling plaintiff that he would be goingto the big fight night at Yankee Stadium and lying that the fight was overat 3:00 a.m. and that he then had a tour of the stadium thereafter,plaintiff actually went to 67-42 Ingram Street, Forest Hills, New Yorkand defendant engaged in sexual intercourse with Melinda Katz; and(h) in June (e.g., June 25), July (e.g ., July 9, 27 and 30) and August ,2010 (e.g., August 3 and 4) on specific dates known to the plaintiff, at67-42 Ingram Street, Forest Hills, New York, defendant engaged in sexualintercourse with Melinda Katz; and(i) the co-defendants have had a secret, sexual, personal and intimaterelationship for many years despite Curtis Sliwa being married to Plaintiff.
8. On May 3, 2008, while Curtis Sliwa was married to Plaintiff, Curtis Sliwafathered a child with Melinda Katz with Katz being fertilized in vitro with spermdonated by Curtis Sliwa.
9. During the next several months, the co-defendants conspired with eachother to drain marital assets so Curtis Sliwa could leave Plaintiff in due course, join hismistress, Melinda Katz, and have a "nest egg" of marital assets.
10. Falsely asserting over and over that there was no relationship betweenhimself and Melinda Katz and implementing the plan to pilfer, purloin and swindlemarital assets, Curtis Sliwa told Plaintiff that the sperm donated had been "frozen" years
before and he convinced Plaintiff that they would have to use significant marital assetsto pay child support for the Katz child born out-of-wedlock.
11. Curtis Sliwa and Melinda Katz, an attorney, were fully aware of the ChildSupport Standards Act in New York which mandated child support, under the
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circumstances presented, of no more than $1, 700 per month (plus, perhaps, an amountwhich could be assessed in a court's discretion).
12. Despite the foregoing, the defendants fraudulently conspired together fora child support payment of $8,000 per month ($96,000 per annum, tax free) plus another$1,150 per month (tax free) for Curtis Sliwa to provide his mistress with a $2,000,000life insurance policy. These payments amounted to 56% of the after-tax dollars ofCurtis Sliwa's income leaving only 44% for the marital household. In furtherance ofthe scheme, in July, 2008, Curtis Sliwa and Melinda Katz entered into an agreementmemoralizing these amounts without Melinda Katz even having to provide a net worthstatement. These sums far exceeded any legal obligation of Curtis Sliwa for childsupport under the Child Support Standards Act.
13. As a result of the conspiracy between Curtis Sliwa and Melinda Katz andthese huge payouts, defendants were able to accumulate over $400,000 ofmarital assetsas they continued their clandestine, personal and intimate relationship.
14. The heartless defendants were so adept at this scheme that their agreementprovided that if the Internal Revenue Service challenged the amount as being beyond"child support", Curtis Sliwa would pay his mistress's taxes on the excessive paymentswhich amounts could only come from more marital assets because Curtis Sliwa had no
non-marital assets.15 . On August 6, 2010, while Curtis Sliwa was married to Plaintiff, defendants
conspired to have another child and Melinda Katz visited a clinic and was fertilized invitro again with sperm from Curtis Sliwa.
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16. On February 24, 2011, while Curtis Sliwa was married to Plaintiff, CurtisSliwa fathered another child with Melinda Katz. On the occasion of each child's birth,Curtis Sliwa willingly acknowledged paternity to his mistress without demanding apaternity test.
1 7. During all this time, against the protestations of Plaintiff, defendantarranged for post-dated checks to be supplied to his mistress so that the scheme couldbe facilitated and Melinda Katz would not be inconvenienced by having to wait formonthly payment of the alleged "child support11
18. During the years that Melinda Katz was rece1vmg these excessivepayments, on many occasions, there were insufficient funds to pay her, but Curtis Sliwaalways told plaintiff that "[her] bill had to be paid" and, as a result, money waswithdrawn from the child's account to pay Melinda Katz to the extent that the accountbalance went from about $70,000 to $400.
19. Thereafter, Curtis Sliwa left the marital home and began to reside withMelinda Katz.
20. In furtherance of the conspiracy, Curtis Sliwa made representations of factto Plaintiff (i) that he had no relationship whatsoever with Melinda Katz, (ii) that thein vitro sperm was "frozen" for years, (iii) that Melinda Katz was having these children
against his will, and (iv) that the $405,000 paid tax free to Melinda Katz representing56% of his after-tax income was legitimate child support and would be ordered by anyCourt.
21. All of the foregoing representations were false in that (i) there was an
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intimate, personal and sexual relationship with Melinda Katz for years; (ii) uponinformation and belief, the sperm was actually donated by Curtis Sliwa shortly beforethe birth of each child; (iii) Curtis Sliwa supported Melinda Katz having these childrenalthough he was married to plaintff; and (iv) the $405,000 paid to Melinda Katz wasnot legitimate child support but rather part of a plan to drain marital assets so CurtisSliwa could leave Plaintiff in due course to join his mistress, Melinda Katz, and havea "nest egg" of marital assets.
22. Curtis Sliwa is an inveterate, world-class liar and knew that therepresentations being made to Plaintiff were false.
23. Curtis Sliwa made the representations to induce Plaintiff not to challengethe huge amounts of marital assets which were being transferred to Melinda Katz.
24. Plaintiff was justified in relying upon Curtis Sliwa's representations thatbecause she wanted to keep the marriage together, was constantly told by Curtis Sliwathat he loved both her and his child, Anthony, wanted to give her husband the benefitof any doubts, trusted him, could not believe that he would willingly have children withanother woman while married to her, and thought that the amounts being paid werelegitimate child support.
25. By reason of the foregoing and the fraud perpetrated by these defendants,
Plaintiff has been injured and damaged in the sum of $405,000.WHEREFORE, plaintiff demands judgment against defendants in the sum of
$405,000 with applicable interest, punitive damages of $1,000,000, plus the costs anddisbursements of this action.
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Dated: New York, NYMarch 20, 2013
PAUL w. sntGERTAttorney for PlaintiffOffice & P.O. Address15 East 32nd Street, 3rd FloorNew York, NY 10016Tel: (212) 564-8181Fax: (212) 564-4414Email: [email protected]
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VERIFICATIONSTATE OF NEW YORK
SS.:COUNTY OF NEW YORK
Mary Sliwa, being duly sworn , depose and say that she is the plaintiff hereinand has read the foregoing Complaint and know s the contents thereof and that thesame is true to her ow n know ledge except as to t hose matters alleged up oninformation and belief and that as to those matters, she believes them to be true .
Sw orn to before me on the20th day of March, 2013
~ ; b ~Notary Public l
PAULW. SIEGERTNotary Public StateofNew YottNo. 02SMeo82gsQualified inW.:.awtwC
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Index No.SUPREME COURT OF STATE OF NEW YORKCOUNTY OF NEW YORK
CERTIFICATIONI am an attorney admitted to
practice in Ne w York. This beinga civil action , pursuant to Part130 of the Rules of the ChiefAdministrator, to the best of myknowledge, information and belief,formed after an inquiry reasonableunder the circumstances, thepresentat ion of the above describeddocument(s) or the contentions thereinare no t frivo lous as defined inPart 13 0-1.1 (c).Dated:
PAUL W. SIEGE
Mary Sliwa,Plaintiff,
-against -Curtis Sliwa and Melinda Katz,
Defendants.
SUMMONS WITH COMPLAINT
PAUL W . SIEGERTAttorney fo r PlaintiffOffice & P.O. Address15 East 32nd Street, 3rd Fl.New York, NY 10016Tel: (212) 564-8181Fax (21 2) 564-4414Email: [email protected]
