New York Criminal Lawyer Blog
On this proceeding, the man moves to be granted judgment without trial to dismiss the complaint against him.
The man is the brother of the complainant woman. The siblings separated since an event that occurred during mother’s day at a family gathering. Based on records, there have been numerous family court matters involving their family.
On the said event, a New York Criminal Lawyer said a sixteen year old nephew of the complainant and the man exposed himself and masturbated in front of the man’s five year old daughter. The said incident caused a huge schism in the family, with various family members taking sides against each other. At some point after the incident, the complainant, who was a hall monitor at an old elementary school, confronted the daughter of the man. According to the man, the complainant cross examined his daughter about the incident. As a result on the said confrontation to the child, the man alleged that her daughter became frightened and did not want to see or speak to the complainant.
Consequent to the incident, an action was filed in court under the original complaint of that sought damages for defamatory comments and tortious interference. The man and his wife, as opponent, filed a motion to dismiss the complaint. The court issued an order granting the motion to dismiss the complainants’ entire complaint. The complainant appealed the court’s decision and affirmed it. The court also modified the Supreme Court’s order such that the allegations concerning the alleged filing of a false police report against the man was allowed to continue.
Subsequently, a motion was filed to the only remaining defamatory comment against the only remaining opponent. A Queens Criminal Lawyer said the complainant alleged that the man is accused by a complaint to the county police department for pulling a gun on the complainant. Upon information and belief, the man repeated the alleged gun crime with the woman’s aunt, and several other members of her family.
The appellate division’s decision which sent the remaining reason of action against the man was served with notice of entry. After the appellate division had suggested the man’s proof was more appropriate for a judgment without a trial, the man did file a motion. The complainant filed a revised complaint. A Westchester County Criminal Lawyer said the revised complaint contained the only allegation which survived the decision of the appellate division, as well as, two additional claims. One is for slander regarding a protective order and the other is for intentional infliction of emotional distress.
On the first reason for the legal action filed, it alleges that the man has falsely accused the complainant of a serious crime, namely filing a false police report, a criminal violation. The accusation by the man was a false and defamatory statement concerning the woman specifically that she had filed a false criminal complaint against him for threatening her by brandishing a gun. The man made a false accusation to third parties, including but not necessarily limited to the family members.
On the second reason, it alleges that the man has falsely accused the woman of being the subject of a protective order regarding the man’s children. The false accusation criticizes the woman in her trade, business, and/or professional reputation as an educational professional who works with children. The allegation by the man was a false and defamatory statement concerning the woman, specifically and falsely suggesting that the woman personally had engaged in improper behavior relative to the man’s children.
The man is also alleged of displaying a harassing conduct toward the woman and her family and that it was extreme and outrageous. The man intentionally or recklessly engaged in that harassment as part of his continual emotional assault on his sister. As a result of the extreme and outrageous, intentional conduct, his sister suffered severe emotional distress.
After the proceedings, the court finds that the final action in the revised complaint is dismissed. Further, the man’s motion for judgment is granted and his motion to dismiss the complaint is also granted.
A negative outside influence to a person could result into legal actions. If you feel you are wrongfully accused of a crime, whether it is a drug possession charge, sex crimes or theft, a Nassau County Criminal Lawyer can provide you legal options to pursue in court. If your family member needs a Nassau County Arrest Lawyer at Stephen Bilkis and Associates, don’t hesitate to call the office in its metropolitan branches during office hours.