Efca2019003543 A M P V Ronald R Benjamin Esq Et Al Summons Complaint 1

FILED: BROOME COUNTY CLERK 11/18/2019 08:37 AM INDEX NO.
EFCA2019003543
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/19/2019
STATE OF NEW YORK

SUPREME COURT COUNTY OF BROOME
Index No.
A M. P ,
Plaintiff designates Broome
Plaintiff, County as the place of trial.

-vs-
The basis of the venue is

RONALD R. BENJAMIN, ESQ. and THE LAW plaintiff's residence
OFFICE OF RONALD R. BENJAMIN,
SUMMONS
Defendants. . .
Plamtiff's residence is Endicott,
County of Broome.
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 within twenty (20) days after the service of this summons, exclusive of the of
day
service (or within 30 days after the service is complete if this summons is not personally delivered to you
within the State of New York); and in case of your failure to appear or answer, judginent will be taken
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against you by default for the relief demanded in the complaint.
DATED: November 18, 2019 COSTELLO, COO & FEARON, PLLC
PAUL C ERRARA
Attorneys for the Plaintiff
Office and Post Office Address
500 Plum Street, Suite 300
Syracuse, New York 13204-1401

Telephone: (315) 422-1152
TO: RONALD R. BENJAMIN, ESQ.
126 Riverside Drive
Binghamton, New York 13902
THE LAW OFFICE OF RONALD R. BENJAMIN,

126 Riverside Drive
Binghamton, New York 13902
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FILED: BROOME COUNTY CLERK 11/18/2019 08:37 AM INDEX NO. EFCA2019003543
STATE OF NEW YORK

SUPREME COURT COUNTY OF BROOME
~
Index No.
rt M. F~,
Plaintiff,
-vs- VERIFIED COMPLAINT
RONALD R. BENJAMIN, ESQ. and THE LAW

OFFICE OF RONALD R. BENJAMIN,
Defendants.
The Plaintiff, A~ M. P~, by and through her attorneys Costello, Cooney fir Fearon,
PLLC, as and for her CompIainb against the DefeTtfl~Ttt~, RONALD R. BENJAMIN and THE LAW
c OFFICE OF RONALD R. BENJAMIN, states, affirms and alleges as follows:
PARTIES
0
l. At all times relevant hereto, Plaintiff A+M. P~(hereinafter referred to as "AMP")
0
-'
was and re a resident of the State of New York, presently a resident of Endicott, New York.
8
2. Upon information and belief, and at all times relevant hereto, the Defendant Ronald R,
"Benjamin"
Befij~mlft (hereinafter referred to as of the of Broome.
) was and remains a resident County
3. Upon information and belief, and at all times relevant hereto, the Defendant Ronald R.
Benjamin was and remains an attorney at law licensed to practice law in the State of New York with an
Office for the practice of law located at 126 Riverside Drive, Birif h~mton, New York.
4. Upon information and belief, and at all times relevant hereto the Defendant the Law Offices
of Ronald R. Benjamin (hereinafter referred to as "LORB") was and still is a law firm with its principal
place of business located at 126 Riverside Drive, Birtgnamlon, New York.
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5. Upon further information and belief, Defendant Benjamin was, and still is, a member of
LORB and was acting in the scope and course of his duties as a member of said law firm.
6. Alternatively, Defendant Benjamin was the apparent agent of LORB.
7. As such, Defendant LORB is vicariously liable for the acts, commissions, omissions,
negligence, breach of fiduciary duties, and other improper conduct of Defendant Benjamin.
FACTS RELEVANT TO ALL CAUSES OF ACTIONS AGAINST THE DEFENDANTS
8. On March 6, 2015, AMP was married to Adam (hereinafter referred to as
("Adam").
9. AMP and Adam are the natural parents of two (2) infant children, and
10. is lower functioning autistic and is non-verbal.
11. had been diagnosed with Microcephaly, developmental delays and is
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8 also nonverbal.
12. During the marriage AMP did not work outside of the home in order to care for their
severely autistic and non-verbal son.
13. On or about May 12, 2016, Adam abandoned AMP and their son, as well as AMP's
daughter from a previous marriage, removed himself from the marital residence located at Street
in Kirkwood and relocated to Indiana.
14. AMP realized that she needed to retain an attorney to represent her legal rights and interest.
15. On or about May 12, 2016, AMP telephoned Defendants. During a telephone conversation
with Defendant Benjamin, AMP fully explained the circumstances surrounding the need for her to retain
legal counsel to protect her rights and interests.
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16. Defendant Benjamin represented and held himself out as experienced, competent and
qualified to handle all aspects of domestic relations and custody matters, including but not limited to
divorce, equitable distribution, spousal maintenance, child support and custody.
Defendants'
17. On or about that same day, AMP met with Defendant Benjamin at Offices.
18. AMP again fully explained the situation and circumstances surrounding the need to retain
an attorney to protect her legal rights and interests. AMP specifically informed Defendant Benjamin she
was fearful that Adam would return to Broome County, take her son to Indiana and evict her and her infant
daughter from a previous marriage from the marital residence.
19. Defendant Benjamin again held himself out as experienced, competent and qualified to
handle these legal matters and to protect AMP's rights and interests. Defendant Benjamin advised AMP
she had to file for divorce and if she filed for divorce it would prevent Adam from taking her son out of
state and from evicting her and her daughter from the marital home. Defendant Benjamin repeatedly
informed AMP that Adam would not obtain custody of her son and she would not lose the marital home.
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20. AMP specifically informed Defendant Benjamin that she did not have any assets, funds,
money or resources to pay him for his legal representation. Defendant Benjamin said he would take
Defendants'
AMP's case without a fee from her and indicated Adam would have to pay legal fees.
21. On or about that same day, AMP executed a retainer agreement with Defendants. Despite
repeated requests, Defendants have failed, refused or neglected to provide AMP with a copy of the retainer
agreement.
22. Defendants then embarked upon a course of continuous representation of AMP until at
least November 2017, which was a dependent relationship.
23. Defendants never sent, delivered or otherwise provided any accounting, bills, invoices or
account statements to AMP during their representation of her in the underlying divorce or custody and
Family Court matters.
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24. Upon information and belief, AMP met and conferred with Defendant Benjamin again on
Defendants'
or about May 18, 2016 at Offices. At that time, AMP and Defendant Benjamin reviewed a
document he had prepared for the divorce action which he indicated would be filed with the New York
State Supreme Court. Defendant Benjamin also had AMP sign either an affidavit or other documents for
the divorce action.
25. Approximately seven (7) or less days later, AMP called Defendant Benjamin to inform him
Defendants'
that Adam had returned to the area. Defendant Benjamin instructed AMP to come to Offices
"papers"
because he had unidentified he wanted her to review.
Defendants'
26. AMP met and conferred with Benjamin at Offices later that same day. During
this meeting, Defendant Benjamin gave AMP the divorce papers, including but not limited to a Complaint
for divorce, and instructed her to serve Adam whenever he came to the marital home. Following
Defendant Benjamin's instructions, AMP served Adam with the divorce papers either that or the next day.
27. AMP attended a court appearance before the Hon. Ferris Lebous, at the end of May or early
June 2016. During this court appearance Justice Lebous held AMP and her children were entitled to
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remain in the marital residence. He also provided AMP with the marital automobile. Justice Lebous
awarded custody of the couple's son and One Hundred ($100.00) Dollars in temporary child support to
AMP. Adam was also ordered to pay the monthly mortgage payments and utility bills for the marital
residence. Defendants did not petition, request or otherwise seek temporary spousal maintenance.
28. In June 2016, Defendant Benjamin informed AMP for the first time that he did not have
Defendants'
time to see her at Office and wanted her to come to his home located in Binghamton.
29. When AMP arrived at Defendant Benjamin's house, he asked her to come inside. Upon
information and belief, AMP and Defendant Benjamin were the only people in his house at that or any
subsequent times she was lured or coerced to meet him there.
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30. Defendant Benjamin

initially led AMP to what appeared to be a den or home office. At
that time, Defendant Benjamin requested AMP to sign some papers allegedly related to her divorce action.
31. After signing those papers, Defendant Benjamin led AMP to another room in his home
which contained a couch, television and bar. Defendant Benjamin instructed AMP to sit down on the
couch. Defendant Benjamin sat next to AMP and told her he wanted to "help her". Without her permission
or consent, Defendant Benjamin then touched AMP's left knee and moved his hand on her upper left leg.
Defendant Benjamin told AMP he wanted to help her and wanted a personal relationship outside of the
divorce action.
32. AMP immediately felt intimidated, nervous and uncomfortable by this unwanted and
noncensensual touching by Defendant Benjamin. AMP told Defendant Benjamin that she was married
and had children. AMP then told Defendant Benjamin that she had to leave and exited the house.
Defendants'
33. AMP next saw Defendant Benjamin in July 2016 at Office. At that point,
8 Adam had filed for unsupervised visitation with their son. Defendant Benjamin explained there was an
upcoming hearing, but AMP did not have to attend. Although there was no discussion of what had
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previously occurred at Defendant Benjamin's house, AMP erroneously believed they had returned to a
strictly professional relationship.
34. Shortly thereafter AMP and Adam attempted to reconcile. During this reconciliation, AMP
became pregnant with their daughter, . In August 2016, AMP informed Defendant Benjamin she
was relocating to Indiana with Adam.
35. AMP's reconciliation with Adam was unsuccessful and she and her son returned to Broome
County and the marital home during the last week of October 2016.
36. Upon her return to Broome County in October 2016, AMP called Defendant Benjamin.
Defendants'
AMP met with Defendant Benjamin at Offices shortly after her return to Broome County.
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37. During this meeting, Defendant Benjamin belittled and berated AMP, calling her stupid
and instructing her to have an abortion. AMP responded she was a Christian and would not have an
abortion. Defendant Benjamin replied that it was no big deal and people have abortions well into six (6)
months of pregnancy. AMP reaffirmed that she would not have an abortion. By that point, AMP felt
Defendants'
extremely uncomfortable. Benjamin took some notes and AMP left Offices.
38. After the aforesaid meeting Defendant Benjamin called AMP to again tell her he did not
Defendants'
have time in his day to meet with her at Office and wanted her to come to his house.
39. When AMP arrived at Defendant Benjamin's house, he directed her to his den or home
office. As they walked to his den or home office, Defendant Benjamin requested her cell phone. AMP
gave Defendant Benjamin her cell phone and he left the room. Defendant Benjamin returned
approximately two (2) minutes later and placed AMP's cell phone on a table in the den or home office.
"lucky"
40. Defendant Benjamin then told AMP she was he was helping her after what she
8 "did". Defendant Benjamin asked AMP if she was "fucking stupid". Defendant Benjamin's cruel and
demeaning language, statements and demeanor caused AMP to cry. AMP also told Defendant Benjamin
she was sorry. Defendant Benjamin then told AMP he was going to "help her anyways".
41. Upon information and belief, in early November 2016, Adam filed a petition alleging AMP
fled Indiana with their son and claiming he did not know if AMP was pregnant with his child. Upon
further information and belief, Adam further asserted, among other things, that the marital residence in
Broome County was in foreclosure.
42. Sometime before Thanksgiving 2016, Defendant Benjamin called AMP and stated he had
appeared in court on Adam's petitions and the court had ruled the house was in foreclosure and AMP and
her children would have to vacate it. Defendant Benjamin further informed AMP that child support was
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established at One Hundred ($100.00) Dollars per week for their son and AMP would have to surrender
her automobile. Defendants did not seek or obtain temporary spousal maintenance.
43. Because AMP had a high-risk pregnancy and was caring for an extremely autistic child,
she was unable to work. It was also difficult to coordinate transportation for her son's therapy and doctor
visits since she was forced to surrender her automobile. AMP was forced to apply for Social Services to
supplement the meager $100 per week Defendants obtained in temporary child support without any
temporary spousal maintenance. AMP also received public assistance for the heating and Food Stamps.
44. was born on 2017 by cesarean section. Upon information
and belief, Defendants applied for temporary child support for which was awarded at Forty
($40.00) Dollars per week.
45. In April 2017, Defendant Benjamin called AMP and informed her he had agreed to a
settlement ofher divorce action without consulting with her or obtaining her consent. Defendant Benjamin
Defendants'
further instructed AMP to come to Office to sign the necessary paperwork.
Defendants'
46. AMP met with Defendant Benjamin at Office. Defendant Benjamin reviewed
the settlement documents with AMP and informed her that the total amount she would receive in the
divorce settlement was Three Thousand ($3,000.00) Dollars. Defendant Benjamin further informed AMP
that he was keeping the Three Thousand ($3,000.00) Dollars as payment for his legal fees in the divorce
action.
47. When AMP indicated she did not agree with this settlement, Defendant Benjamin told her
that if she did not sign the divorce settlement documents and give him the Three Thousand ($3,000.00)
Dollars he would no longer represent her, and she would have no attorney to assist her with the custody
matters. Because AMP had no assets, funds, or resources to retain another attorney, she felt forced,
threatened, intimidated and coerced into signing the settlement documents by Defendant Benjamin.
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48. Upon information and belief, in late April or early May 2017 Adam filed for custody of
couples'
the two children. After review of the documents provided to her by Defendant Benjamin, AMP
became extremely upset and fearful of losing her children, especially since Adam had more available
resources for legal assistance than AMP.
49. During a subsequent telephone call with Defendant Benjamin, he told AMP he did not have
Defendants'
time to meet with her at Office, so she had to come to his house to discuss the petition and
paperwork.
50. When AMP arrived at Defendant Benjamin's house, he took her to his den or home office.
When AMP sat down in the den or home office across from the chair Defendant Benjamin was in, she lost
alright"
her composure and began crying. Defendant Benjamin told AMP it was "going to be and she
needed to calm down. Defendant Benjamin advised AMP he was going to "fix everything". Defendant
Benjamin then, without permission or consent, placed his hands and AMP's knee. Defendant Benjamin
then pulled the chair AMP was sitting in closer to him and without permission or consent, placed his arms
around her and proceeded to place his hands on her back with his arms around her. Defendant Benjamin
fine."
then drew AMP to him and fully eilibraced her and said "everything was going to be
51. Without any permission or consent, Defendant Benjamin then slid his hands from AMP's
back to her waist area. AMP imillediately winced from pain because Defendant Benjamin touched
incision sites from her recent cesarean section surgery. Defendant Benjamin directed AMP to stand up.
When Plaintiff stood up, Defendant Benjamin told her to show him her surgical scars. Plaintiff lifted her
shirt just to show the area of her scars. Defendant Benjamin told AMP she "looked good for just having
a baby". He then instructed AMP to lift her shirt up further. AMP lifted her shirt up just below her breasts.
Plaintiff felt intimidated, harassed, uncomfortable and pressured to do what Defendant Benjamin told her
because she could not afford to retain another attorney. AMP reasonably feared Defendant Benjamin
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would make another sexual advance and stated she had to leave because her children were waiting for her.
Defendant Benjamin accepted this excuse and ceased his unwanted physical and sexual conduct.
52. Upon information and belief there was a Family Court hearing shortly thereafter before the
Hon. Rita Connerton. Although AMP advised Defendant Benjamin that Adam failed to adhere to the
existing scheduled video chats with the children for various reasons, he failed, refused or neglected to
submit this evidence to the Court. Defendant Benjamin further failed, refused or neglected to file
appropriate documentation with the Court and Adam and his parents obtained unsupervised visitation with
md overnight visitation with
53. Between April and October 2017, Defendant Benjamin repeatedly instructed AMP to come
to his home because he allegedly did not have time to meet with her at his Office. In addition, Defendant
Defendants'
Benjamin instructed AMP to meet him at Offices on Weekends when no one else was present.
On several of those occasions, Defendant Benjamin without permission or consent, placed his hands upon
3 AMP's waist and pulled her down to sit on his lap.
54. On or about June 2017, Adam filed another petition in Family Court for emergency
placement and custody of the children. Defendant Benjamin called AMP to inform her of the petition and
Defendants'
again told her he did not have time to meet with her at Office so she would have to come to
his house.
55. When AMP entered Defendant Benjamin's house, he directed her to his den or home office.
When they sat in the den or home office, Defendant Benjamin showed AMP the aforementioned Family
Court petition. Defendant Benjamin began yelling at and demeaning AMP. He told Plaintiff that if she
did not start doing things the way he wanted, when he wanted, the way he said so, she would lose her
children. Defendant Benjamin further told AMP that if she did not want to lose her children, she would
do what he told her.
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56. Defendant Benjamin instructed AMP to stop sending text messages to Adam unless he
dictated them first. Subsequently, Defendant Benjamin drafted, dictated and otherwise prepared all text
messages AMP sent to Adam until November 2017 when Defendants abruptly ceased represeiiting or
appearing on behalf of AMP during a custody hearing or trial.
57. After several minutes, AMP stood up and told Defendant Bf.iij~miii she had to leave to get
back to her children. Without permission or consent, Defendant BertjaiÃxin grabbed AMP, drew her to him
and hugged her. While h»gt ing her, Defendant Benjamin and told AMP everything would be "fine". He
then, without permission or consent, rubbed and otherwise fondled AMP's breast. Defendant Benjai~i»
further placed his right hand on AMP's waist and attempted to forcibly shoved his left hand down
Plaintiff's pants against her will and without her consent.

i
58. At that point, AMP was aware of and fearful of Defendant Benjamin's next advance which
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8 was clearly sexual knowing he had forced his hand down her pants. AMP pulled away from Defendant
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Benjamin and made up an excuse that she was having her period and needed to return home to her children.
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V
Defendant Befij~iTtifi accepted this excuse, ceased his forcible and unwarranted physical and sexual
!
advances.
59. Later in June 2017, Defendant Benjamin instructed AMP to come to his house concerning
another related custody matter. When Plaintiff arrived at Defendant Benjamin's house, they went to his
den or home office and both sat down in chairs. Defendant Bf'iij~miii requested Plaintiff's cell phone,
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which she gave him.
60. Because of the allegations in the related matter, Plaintiff broke down and began to cry.
Defendant Benjamin pulled her chair closer to his. Without permission or consent, Defendant Benjamin
placed his hands upon Plaintiff s knees and then stood up. Defendant Beo!amto appeared fidgety. He
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then stood up and walked to the computer monitor in the den or home office. Plaintiff reinained in her
chair.
61. A few seconds later, Defendant Benjamin instructed AMP to come over to where he was
standing. A horse race appeared to be on the computer monitor. Plaintiff lost her composure, began to
cry again and begged Defendant Benjamin to help her with her children. Without her permission or
consent, Defendant Benjamin placed his arms around AMP and began to hug her.
62. Without her permission or consent, Defendant Benjamin proceeded to place both hands on
AMP's waist and began moving them upward against her upper torso. As he did, Defendant Benjamin
told AMP "it's going to be alright". Defendant Benjamin placed his hands upon AMP's breast and fondled
them. Without her permission or consent, Defendant Benjamin pulled up AMP's shirt and violently
shoved his hand down the front of her pants. When AMP attempted to step back, Defendant Benjamin
pulled forward and purposefully touched her genitals.
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8 63. AMP was aware of and feared Defendant Benjamin's next physical advance which was
clearly sexual. AMP was able to pull away from Defendant Benjamin and once again stated that she was
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having her period and needed to return home to her children. Defendant Benjamin accepted this excuse
and ceased his unwanted physical and sexual advances.
64. Between July and August 2017, Defendant Benjamin lured AMP to his home on the
pretense of discussing the custody and Family Court matters. On at least six (6) occasions during that
time period, Benjamin without permission or consent of AMP fondled her breast and several times
attempted to put his hands down her pants. On two (2) separate occasions Defendant Benjamin, without
the permission or consent of plaintiff, touched her genitals.
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65. AMP continued to return to Defendant Benjamin's house when instructed because she did
not have assets, funds, money or resources to retain other legal counsel and was afraid of losing her
children. Defendant Benjamin was fully aware that AMP lacked sufficient assets, funds, money or
resources to retain another attorney and repeatedly told her that if she did not do what he said, she would
lose her children.
66. Defendants never sent a bill or invoice for payment to AMP and similarly never asked for
any money.
67. Upon information and belief, during their representation of AMP, Defendants did not file
any opposition to Adam's filings, motions and petitions. Defendant Benjamin further refused to submit
any affidavits, letters, reports, or other evidence from the children's physicians about their
testimony
therapy and well-being.
68. In August 2017, Defendant Benjamin instructed AMP she had to meet with him at his home
8 to discuss a Family Court petition or other custody matter. When AMP arrived at Defendant Benjamin's
house, he led her to his den or home office.

8
69. While in his den or home office, Defendant Benjamin told AMP he wanted her to rent an
Defendants'
apartment near Offices. AMP responded that she did not want to rent that apartment.
70. Defendant Benjamin instructed AMP to come with him, and he led her into a bedroom
located on the first floor of the house.
71. After Defendant Benjamin led AMP into the bedroom, he took her cell phone and sat it on
the bed. Defendant Benjamin pulled his shirt from his pants, unbuckled his belt and unfasted his pants.
Defendant pulled his pants down below his exposed penis. AMP was aware of and feared Defendant
Benjamin's next advance which was clearly sexual.
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72. Defendant Benjamin placed his left hand on AMP's shoulder and his right hand on her
head. Defêñdañt Benjamin violently forced AMP's head down to his genitals and pulled her face forward.
Defendant then forcibly placed his penis into AMP's mouth several times against her will and without her
consent.
73. After she began crying, AMP was able to pull away. She ran out of Defendant Benjamin's
house to her car. As she drove home, AMP was forced to pull over to vomit.
74. Upon information and belief in September or October 2017, a petition was filed by
Defendants to iñcrease the amount of child support to be paid by Adam. The night before the hearing on
the petition, Defendant Benjamin wanted AMP to come to his house. Although AMP had initially told
Defendant Benjamin the day before she would meet him at his house, she was fearful of doing so because
of what had happened during her last visit. AMP was also afraid to say no to Defêñdant Benjamin because
he had repeatedly threatened to cease representing her if she did not do what he told her to do. Defendant
Benjamin called AMP's cell phone multiple times the night before the but she did not answer.
hearing,
75. The morning of the aforesaid hearing, AMP was fearful when she called Defendant
Benjamin. Defendant Benjamin hung up when she first called. When AMP called back, he instructed her
to meet him in a parking lot near the Family Court building, which she did. As they walked from the
parking lot to the Family Court, Defendant Benjamin yelled, berated, belittled and otherwise verbally
abused AMP. Defendant Benjamin asserted AMP was somehow ungrateful and disrespectful.
76. Inside the Family Court Building, Defendant Benjamin instructed AMP to sit in a
conference room. When they sat down, Defendant Benjamin asked her for certain information pertaining
to Adam's prior employment and job offers he subsequently rejected, which she had previously supplied
to Defendant Benjamin. Defendant Benjamin became angry and again yelled at AMP because she did not
go to his house the night before. Defendant Benjamin told AMP that she would "pay for that later".
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77. When the attorneys were called into the courtroom, Defendant Benjamin instructed AMP
to remain in the hallway. When he came out of the courtroom, Defendant Benjamin stated the Family
Court Judge did not know how handle the petition to increase child support and admitted he had filed the
petition a year too late.
78. Upon information and belief, during the pendency of all custody and Family Court matters,
the attorney for Adam had numerous conversations and meeting with the court appointed Attorneys for
the Children both in and out of court. Upon further information and belief, Defendants never spoke or
met with the Attorneys for the Children. When AMP reasonably asked Defendant Benjamin why he did
not speak or met with the Attorneys for the Children, Defendant Benjamin stated he did not have to speak
to them
79. In addition to the foregoing, Adam petitioned the Family Court for full custody of the
children and to remove them to Indiana. The Sunday before the custody hearing or trial in November
Defendants'
2017, Defendant Benjamin instructed AMP to meet him at Offices to prepare for her
Defendants'
testimony. Upon information and belief, there was no one at Offices that day.
80. During this meeting, Defendant Benjamin repeatedly told AMP she was not answering his
questions correctly. When AMP would not answer Defendant Benjamin's questions the way he wanted,
he told her "well they're your kids". When AMP continued answering questions in a manner which
Defendants'
Defendant Benjamin disagreed, he summarily told her "we are done". AMP immediately left
Offices.
81. Defendant Benjamin appeared on behalf of AMP on the first day of the aforesaid custody
hearing or trial. A few days later, Defendant Benjamin called AMP claiming there were several e-mails
and letters from Adam's attorney to the Family Court Judge wanting to immediately assume custody.
Until that phone call, AMP was unaware of any such e-mails or letters and Defendant Benjamin did not
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provide them to her. Defendant Benjamin advised AMP to let Adam "take the kids". AMP rejected that
advice because her son was scheduled for surgery and was enrolled in the Applied Behavior Program at
the Binghamton University Child Developmeñt Center and other therapies. AMP reminded Defendant
Benjamin she had provided him with letters from her son's physicians on those issues. Defendant
Benjamin told her that was not good enough. Defendant Benjamin then and without
simply abruptly any
prior warning informed AMP he would no longer represent her and she would have to handle the
remainder of the custody hearing on her own. AMP demanded her file and all relevant paperwork.
Defendant Benjamin refused and had continued to refuse to provide AMP with a copy of her file.
82. Approximately fifteen (15) minutes after the aforementioned telephone conversation,
Defendant Benjamin called AMP again and informed her that the Family Court Judge had ordered her to
surrender the children to Adam the following day. That was the last time Defendant Benjamin spoke to
AMP.
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8 83. AMP attempted to represent herself in the custody matters. However, because Defendant
Benjamin failed, refused or neglected to prepare, file or submit a substitution of counsel form with the
Family Court, Defendants remained counsel of record for her and the Court would not have any contact
Defendants'
with AMP. As a direct and proximate result of failure, refusal or neglect to file or submit a
substitution of counsel form, despite several demands by her, AMP was unable to correct the negligence
and malpractice of Defendants. Similarly, AMP was unable to adequately defend or otherwise represent
herself in several other Family Court matters and petitions.
Defendants'
84. As a direct and proximate cause of negligence and malpractice, AMP and her
children were forced to relocate from Broome County to Indiana at great cost, expense, inconvenience
with loss of earnings.
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85. Despite due and repeated demands of AMP, Defendants have failed and refused to provide
her with a copy of her underlying files relating to the divorce, custody, Family Court and support matters.
86. AMP's claims fall within one or more of the exceptions of section 1602 of the Civil Practice
Law and Rules.
FIRST CAUSE OF ACTION

(Sexual Assault, Battery and Harassment)
87. Plaintiff incorporates by reference paragraphs 1 through 86 as if more fully set forth and
restated herein.
88. Between June 2016 and August 2017, AMP was repeatedly and systematically lured and
coerced into going the house of Defendant Benjamin under the pretense of consultations related to her
legal matters being handled by Defendants.
89. Between June 2016 and August 2017, AMP was forcibly and violently sexually abused,
assaulted and sodomized by Defendant Benjamin.
8
90. The perverted and predatory actions of Defendant Benjamin again were against AMP's
o will and without her consent and offensive to her reasonable sense of dignity.
highly
91. As a direct and proximate result of the unlawful sexual abuse, assaults and sodomy
perpetrated by Defendant Benjamin upon her, AMP has suffered physical pain and suffering.
92. As a further direct and proximate result of the sexual abuse, assaults and sodomy
perpetrated by Defendant Benjamin upon her, AMP has and continues to suffer anguish, anxiety, stress,
humiliation, emotional distress and mental pain and suffering, as well as adverse physical consequences.
93. By reason of the foregoing, AMP seeks monetary and punitive damages against the
Defendant Benjamin is a sum which exceeds the jurisdiction of all lower courts, together with interest,
disbursements and costs.
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SECOND CAUSE OF ACTION

(Assault & Battery)
restated herein.
95. Between June 2016 and August 2017, AMP was forcibly and violently physically abused,
assaulted and battered by Defendant Benjamin.
96. Defendant Benjamin intended to cause and did cause harmful contact with AMP's person.
97. AMP did not consent to the actions of offensive actions of Defendant Benjamin which
injured her reasonable sense of dignity
98. As a direct and proximate result of the unlawful physical abuses, assaults and batteries
perpetrated by Defêñd=t Benjamin upon her, AMP suffered physical pain and suffering.
99. As a further direct and proximate result. of the physical abuses, assaults and batteries
perpetrated by Defendant Benjamin upon her, AMP has and contimles to suffer anguish, anxiety, stress,
8
humiliation, emotional distress and mental pain and suffering, as well as adverse physical consequences.
8
o 100. AMP
By reason ofthe foregoing, seeks monetary and punitive damages against Defendant
Benjamin in a sum which exceeds the jurisdiction of all lower courts together with interest, costs and
disbursements.
THIRD CAUSE OF ACTION

(Verbal Assault, Battery and Harassment)
101. Plaintiff incorporates by reference paragraphsl through 100 as if more fully set forth and
restated herein..
102. Between October 2016 and November 2017, AMP was repeatedly subjected to cruel,
unprovoked and unjustified verbal and harassment Defendant Benjamin

abuse, assault, battery by
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103. The verbal abuse, assault, battery and harassment Defendant Benjamin was offensive
by
to AMP's reasonable sense of dignity
104. As a direct and proximate cause of the verbal abuses, assaults, batteries and harassment
upon her, AMP has and continues to suffer anguish, anxiety, stress, humiliation, emotional distress, mental
pain and suffering, as well as adverse physical consequences.
105. By reason of the foregoing, AMP seeks monetary and punitive damages in a sum which
exceeds the jurisdiction of all lower courts together with interest, costs and disbursements.
FOURTH CAUSE OF ACTIO_Ti

(Sexual Harassment)
restated herein.
107. At the time of all occurrences complained of herein were committed, AMP was a client of
Defendants.
108. At all relevant times herein, AMP's divorce case, custody and Family Court matters were
assigned to and otherwise handled by the Defendant Benjamin.
109. At all relevant times herein, Defendants, and particularly Defendant Benjamin, were fully
aware that AMP lacked the assets, funds, money or resources to pay for their legal services and/or retain
new counsel. Defendant Benjamin was in a position of power, authority and control over AMP.
Defendants'
110. During the course of representation of AMP and commencing in June 2016
until November 2017, Defendant Benjamin used his position of power, authority and control over AMP
to extort and demand as a condition of his continued legal representation that she submit to his
repeatedly
unwanted and non-consêñsual sexual actions, activity and conduct.
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111. The sexual actions, activity and conduct of Defendant Benjamin was unwelcomed by AMP
and against her will.
112. Defendant Benjamin was aware the sexual activity, conduct and actions demanded of AMP
was unwelcomed to AMP.
113. Benjamin demanded that AMP submit to his unwelcomed sexual advances as an express
and/or implied term and condition of his continued representation and provision of legal services to her
although they were not solicited by AMP, nor did she invite them, but rather AMP regarded such conduct
as undesirable, offensive and unwelcomed,
114. When AMP refused to submit any further to Defendant Benjamin's sexual actions,
activities and conduct, the diligence and quality of legal representation and services Defendant Benjamin
provided her materially and substantially diminished.
115. The pattern and practice of the sexual harassment complained of herein occurred between
3 June 2016 and November 2017, when Defendant Benjamin suddenly and without prior warning
0
Defendants'
terminated representation of AMP in all underlying matters.
0
V
116. As a direct and proximate cause of Defendant Benjamin's sexual harassment, AMP has
and continued to suffer severe anguish, anxiety, depression, embarrassment, emotional distress,
humiliation and mental pain and suffering, as well as physical consequences.
117. As a further direct and proximate cause, AMP has and continues to sustain actual pecuniary
damages, including but not limited to costs related to the forced relocation of her and her children to
Indiana, costs of travel and loss of earnings.
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FIFTH CAUSE OF ACTION

(Intentional Infliction of Emetional Distress)
restated herein
120. The offensive and unlawful actions and conduct committed by Defendant Benjamin against
AMP were intended to cause her to suffer emotional distress, anguish, anxiety, depression,
embarrassment, humiliation and mental pain and suffering.
121. As a direct and proximate cause of the offensive and unlawful actions and conduct of
Defendant Benjamin, AMP has and continues to suffer severe emotional distress, anxiety, embarrassment,
depression, humiliation and mental pain and suffering.
SIXTH CAUSE OF ACTION

(Legal Malpractice)
restated herein.
124. At all times relevant herein, Defendants held themselves out to the public and AMP as
qualified and experienced to represent parties and provide legal advice and guidance with respect to all
divorce and matrimonial, maintenance, custody, child support and related matters.
125. At all times relevant herein, Defendants and AMP had an attorney-client relationship.
Defendants represented and otherwise provided legal advice and guidance to AMP in all matters relating
to the underlying divorce, including the equitable distribution of marital assets, spousal mainteñañce, child
custody and child support. Defendañts agreed and undertook to protect AMP's legal rights and interests
in said matters.
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126. Defendants continually represented AMP from May 12, 2016 until sometime in November
2017.
127. Defendants, as AMP's attorneys, had a duty to exercise ordinary and reasonable skill and
knowledge commonly possessed by a member of the legal profession and to handle her matters with the
utmost degree of honesty, forthrightness, loyalty and fidelity.
128. Upon information and belief, Defendants failed, refused or neglected to undertake or
perform any discovery, analysis or investigation relating to the true nature and amount of marital assets,
wasteful dissipation of marital assets by Adam, imputed income or correct amount of spousal maintêñance
and child support due AMP.
129. Defendants failed, refused or neglected to adequately prepare and diligently represent
AMP's interests with respect to all matters, including but not limited to custody, maintenance and support
matters.
130. Without consulting with AMP or obtaining her approval and consent, Defendants
unilaterally agreed to a settlement of AMP's divorce action.

8
131. The terms of the divorce settlement unilaterally negotiated and accepted by Defendants,
without AMP's knowledge, consult or approval, were conscionable, unfair and inequitable. The divorce
settlement failed to adequately address, remedy or provide for Adam's wasteful dissipation of marital
assets, his imputed income, spousal maintenance and statutory child support. It further provided for only
a three thousand ($3,000.00) dollar distributive award to AMP as equitable distribution of the marital
assets. Defendants, who were aware at the outset of their representation that AMP lacked assets, funds or
resources to pay for their legal fees and who had expressly indicated Adam would pay their fees, demanded
the three thousand ($3,000.00) distributive award as compensation for their legal fees.
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Defendants'
132. When told of unilateral decision to settle the divorce action and explanation
of the terms, AMP informed Defendant Benjamin the settlement terms were unacceptable and she would
not agree to settle and thus end the divorce action.
133. Defendant Benjamin informed AMP that if she did not sign the divorce settlement
documents, he would no longer represent her, and she would have no attorney to assist her with the future
custody maters.
134. Defendant Benjamin was well aware that AMP lacked sufficient assets, funds, money or
other resources to retain another attorney to represent her with the custody matters and that she was
petrified she may lose custody of her children.
Defendants'
135. actions caused overwhelming anxiety, fear and duress with AMP, depriving
her of the means of acting independently in her own best interests, to make informed judgments about her
case, legal interests and options, and placing her under the influence of Defendant Benjamin, who violated
o
8 his duties to AMP by placing his own monetary interests ahead of the interests of his client.
Defendants'
136. Under the coercion and duress of actions, AMP executed the divorce
8
settlement documents, which did not resolve the custody and child support issues.
137. Defendants failed to exercise the ordinary and reasonable skill and knowledge commonly
possessed by a member of the legal profession and thus departed from the standard of care and breached
their retainer in that they: (a) failed to provide proper legal advice and guidance; (b) did not conduct or
perform any discovery, investigation or analysis as to the nature and value of the marital estate and assets;
(b) did not conduct or perform any discovery, investigation or analysis of Adam's wasteful dissipation of
marital assets and his imputed income; (c) did not petition or seek appropriate temporary spousal
maintenance; (d) did not petition or seek appropriate temporary child support; (e) did not conduct or
perform any discovery, investigation or analysis to determine the proper amounts of temporary and
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permañcñt spousal maintenance; (f) did not conduct or perform any discovery, investigation or analysis
to determine the proper amounts of temporary and permañëñt child support; (e) failed to properly advise,
consult and otherwise communicate with AMP during negotiations for a settlemêñt of the divorce action;
(f) agreed to the terms settling the divorce action without the prior knowledge, approval or consent of
AMP; (g) placing their financial interests over the interests of their client; (h) forced, pressured and
coerced AMP into agreeing to settlement terms which she disagreed with and did not want to enter into;
and (i) other negligence, careless and recklessness.
Defendants'
138. But for negligence and conflict of interest, AMP would have had a more
successful outcome in the divorce action, including but not limited to the equitable distribution of marital
assets, spousal maintenance, custody matters and child support.
Defendants'
139. As a direct and proximate cause of careless, negligence and conflict of
interests, AMP has and continues to sustain actual pecuniary daniages, including but not limited to loss
of equitable distribution of marital assets, spousal maintenance and child support in an amount not
presently ascertainable but believed to exceed the jurisdiction of all lower courts, together with statutory
8
interests, costs and disbursement.
SEVENTH CAUSE OF ACTION

(Legal Malpractice)
restated herein.
141. At all times relevant herein, Defendants held themselves out to the public and AMP as
competent, qualified and experienced to represent parties and provide legal advice and guidance with
respect to custody, child support, Family Court and other related matters.
142. At all times relevant herein, Defendants and AMP had an attorney-client relationship.
Defendants represented and otherwise provided legal advice and guidance to Plaintiff in all matters
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relating to the underlying custody, child support, Family Court proceedings and other related matters.
Defendants agreed and undertook to protect AMP's legal rights and interests in said matters.
143. Defendants continually represented AMP from May 12, 2016 until sometime in Noveinber
2017.
144. Defendants, as AMP's attorneys, had a duty to exercise ordinary and reasciiable skill and
knowledge commonly possessed by a iñeinber of the legal profession and to handle her matters with the
utmost degree of honesty, forthrightness, loyalty and fidelity.
145. Defendants failed to exercise the ordinary and reasonable skill and knowledge commonly
possessed by a ñieinber of the legal profession and thus departed from the standard of care and breached
their retainer in that they: (a) did not conduct or perform any discovery, investigation or analysis in any
custody, support or other related Family Court matter; (b) failed to adequately or properly prepare
responses to the various Family Court proceedings and related matters; (c) failed to provide proper legal
advice and guidance; (d) failed to properly consult, confer and communicate with AMP; (e) failed to
properly prepare for court appearatices, hearings and trials; (f) failed to properly and adequately prepare
AMP for court appearances, hearings and trials; (g) did not contact, consult or communicate with the court
appointed Attorneys for the Children; (h) failed to file timely petitions, motions and requests with the
family Court; (i) without warning or provocation abruptly unilaterally ceased representing AMP or
providing any legal advice or guidance during the pendency of a custody hearing or trial without seeking
court approval to withdraw as counsel or arranging for the substitution of counsel; (j) failed, refused or
neglected to timely file an appropriate consent to change attorney or substitution of counsel form; and (1)
were otherwise careless, negligent and reckless.
146. Defendants further violated their duties by placing their own personal, business and
financial interests above those of their client.
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Defendants'
147. But for malpractice and conflicts of interest, AMP would have had more
successful outcomes in the various custody and Family Court matters, including but not limited to
increased child support, and would not have incurred unwarranted costs associated with the need to
relocate her and her children to Indiana, costs of travel and loss earnings.
Defendants'
148. As a direct and proximate cause of negligence and conflict of interests, AMP
has and continues to sustain actual pecuniary damages in an amount which is not yet ascertainable but
believed to exceed the jurisdiction of all lower courts, together with statutory interests, costs and
disbursement.
EIGHTH CAUS_E OF ACTION

(Breach of Fiduciary Duties)
restated herein.
150. Defendants, as attorneys for AMP, owed a fiduciary duty of loyalty to her and to refrain
8
from obtaining any personal, business or financial advantage at her expense
151. Defendants breached their fiduciary duties by: (a) negotiating a settlement of the
underlying divorce action without the knowledge, approval or consent of AMP, which among other things,
provided her with only a three thousand ($3,000) dollar distributive award and then despite previous
representations that Adam would pay their attorney's fees, retaining the entire amount for their legal fees;
(b) attempting to engage in an inappropriate relationship with AMP; (c) engaging in an inappropriate
relationship with AMP; (d) sexually abusing, assaulting and sodomized AMP; (e) physically assaulting
AMP; (f) verbally assaulting AMP; (g) coercing and forcing AMP to agree to a settlement of the
underlying divorce action; (h) abruptly ceasing to represent AMP during the pendency of a custody
hearing and/or trial; and (i) placing their own interests above those of their clients.
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152. As a direct and proximate cause of Defendant's breach of fiduciary duties, AMP has and
continues to sustain actual pecuniary damages.
153. By reason ofthe foregoing, AMP seeks monetary and punitive damages against Defendants
in a sum which exceeds the jurisdiction of all lower courts, together with interest, disbursements and costs.
NINTH CAUSE OF ACTION
(Negligence)
restated herein.
155. Defendants owed AMP a duty to act as her attorneys without the use of intimidation,
coercion, verbal, physical and sexual abuse and free of conflicts of interests.
156. The actions, conduct and omissions of Defendants were careless, negligent and reckless.
Defendants'
157. As a direct and proximate cause of negligence, AMP suffered physical pain
and suffering.
O
Defeñdañts'
158. As a further direct and proximate cause of negligence, AMP has and continues
to suffer anguish, anxiety, depression, humiliation, stress, emotional distress and mental pain and
suffering, as well as physical consequences.
159. By reason of the foregoing, AMP seeks monetary damages against Defendants in a sum
which exceeds the jurisdiction of all lower courts, together with interest, disbursements and costs.
TENTH CAUSE OF ACTION

(Negligent Infliction of Emotional Distress)
restated herein.
161. The Defendants negligently, carelessly and recklessly disregarded the high probability that
AMP would sustain and suffer severe anguish, anxiety, depression, embarrassment, emotional distress,
humiliation and mental pain and suffering.
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162. The negligent, careless, reckless and offensive actions, conduct and omissions of the
Defendants caused AMP to suffer anguish, anxiety, depression, embarrassment, emotional distress,
humiliation and mental pain and suffering.
163. As a direct and proximate cause of the negligent, careless, reckless and offensive actions,
conduct and omissions AMP has and continues to suffer severe anguish, anxiety, depression,
embarrassment, emotional distress, humiliation and mental pain and suffering, with physical
consequences.
exceeds the jurisdiction of all lower courts, together with interest, costs and disbursements.
ELEVENTH CAUSE OF ACTION

(Gross Negligence)
restated herein.
8
O
166. The above described actions, commissions and omissions of the Defendant Benjamin
8 constituted a wanton, willful and/or reckless disregard and indifference to the rights of AMP that were so
careless and reckless to evidence a complete disregard to her rights, well-being and safety.
167. As a direct and proximate cause of Defendant Benjamin's wanton, willful and/or reckless
disregard for the rights, well-being and safety of her, AMP has sustained and suffers physical pain and
suffering.
168. As a further direct and proximate cause of Defendant Benjamin's wanton, willful and/or
reckless disregard for the rights, well-being and safety of her, AMP has and continues to suffer anguish,
anxiety, depression, embarrassment, emotional distress, humiliation and mental pain and suffering with
physical consequences.
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169. By reason of the foregoing, AMP seeks monetary and punitive damages against Defendant
Benjamin in a sum which exceeds the jurisdiction of all lower courts, together with interest, costs and
disbursements.
TWELFTH CAUSE OF ACTION

(Violation of Professional and Ethical Duties)
restated herein.
171. As an attorney licensed to practice law within the State of New York, Defendant Benjamin
has certain professional and ethical duties and obligations, but not limited to those within the
including
Rules of Professional Conduct.
172. At all times relevant herein, Defendant Benjamin violated his professional and ethical
duties and obligations by: (a) failing to diligently and competently handle AMP's legal matters; (b) failing
to properly communicate with AMP; (c) failing to properly inform AMP of all decisions and
8
circumstances; (d) failing to keep AMP reasonably informed about the status of her legal matters; ( e)
8
failing to reasonably consult with AMP about the means by which her legal objectives were to be
accomplished; (f) failing to properly comply with AMP's reasonable requests for information; (g)
continuing to represent and provide legal advice and guidance while having clear financial, property and
personal conflicts of interest with AMP; (h) attempting to engage in an inappropriate relationship with a
client; (i) engaging in inappropriate conduct with a client; (j) sodomizing AMP; (k) employing coercion,
intimidation and undue influence in entering into sexual acts, activity and conduct incident to professional
representation; . and (k) attempting to enter into sexual relations with AMP during the course of
representing her in the various domestic relations matters; (i) engaging in unwanted and nonconsensual
sexual relations with AMP during the course of representing her in the various domestic relations matters;
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(j) sexually assaulting and sodomizing AMP during the course of the various domestic relations matters;
and (1) failing to send itemized or any bills to AMP.
173. As a direct and proximate cause of Defendant Benjamin's violations of his professional
and ethical duties, AMP has suffered physical pain and suffering.
174. As a further direct and proximate cause of Defendant Benjamin's violations of his
professional and ethical duties, AMP has and continues to suffer anguish, anxiety, embarrassment,
emotional distress, humiliation and mêñtal pain and suffering, as well as adverse physical consequences.
175. By reason of the foregoing, AMP seeks monetary and punitive damages against Defendant
Benjamin in a sum which exceeds the jurisdiction of all lower courts, together with interest, disbursements
and costs.
THIRTEENTH CAUSE OF ACTION

(Violation of Judiciary Law § 487)
8
restated herein.
177. Judiciary Law § 487 provides that:
An attorney or counselor who:

1. Is guilty of any deceit or collusion, or consents to
any deceit or collusion, with intent to deceive the

court or any party; or
2. delays his client's suit with a view to his own .

Willfully
gain; or, willfully receives money or allowance for or on
account of money which he has not laid out, or becomes answerable for,
Is guilty of a misdemeanor, and in addition to the punishment prescribed

therefore by the penal law, he forfeits to the party injured treble d amages to be
recovered in a civil suit.
178. By reason of the foregoing, Defendant Benjamin engaged in deceit and collusion with the
intent to deceive AMP.
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179. Defendant Benjamin êñgaged in such deceitful and fraudulent conduct continuously and
repeatedly from at least May 12, 2016 through November 2017 when Defendant Benjamin suddenly and
without warning abandoned and ceased representing AMP in the custody hearing and trial.
180. Defendant Benjamin

deceitfully stated and represented to AMP he would take her case and
represent her in the underlying divorce action without a fee to her, but when he coerced her into accepting
the terms of the settlement agreement he accepted without her knowledge, consent or approval which
Defendants'
provided her with only a three thousand ($3,000.00) dollar distributive award, he retained it as
fees for representing her in the divorce action.
181. At all relevant times, Defendant Benjamin was fully aware that AMP lacked the assets,
Defendants'
funds, money or resources to pay for legal fees and services or retain new counsel. Defendant
Benjamin was in a position of power, authority and control over AMP.
Defendants'
182. During the course of representation of AMP and commêñcing in June 2016
until November 2017, Defendant Benjamin used his position of power, authority and control over AMP
as leverage to mislead and deceitfully demand as a condition of his continued legal representation that she
8
repeatedly submit to his unwanted and non-consensual sexual actions, assault, activity and conduct and
sodomy.
183. Upon information and belief, Defendant Benjamin delayed and prolonged the custody,
Family Court proceedings and other related matters for his own personal gain, including but not limited
to his continued ability to subject AMP to his unwanted and nonconsensual sexual activities, assault,
conduct and sodomy.
184. At all times relevant hereto, Defendant Benjamin failed, refused or neglected to diligently
and properly represent, advise and/or guide AMP in her legal matters.
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185. As a direct and proximate cause of Defendant Benjamin's deceitful conduct, AMP has and
continues to sustain actual pecuniary daiiiages, including but not limited to loss of appropriate child
support, spousal maintenance, relocation costs, travel costs and loss of earnings.
186. As a further direct and proximate cause of Defendant Benjamin's deceitful conduct, AMP
has sustained physical pain and suffering.
187. As a further direct and proximate cause of Defendant Benjamin's deceitful conduct, AMP
has and continued to suffer anguish, anxiety, embarrassment, emotional distress, humiliation and mental
pain and suffering, as well as adverse physical consequences.
188. By reason of the foregoing, AMP has been harmed and damaged in an amount which
exceeds the jurisdiction of all lower courts and is entitled to treble damages by virtue of Judiciary Law
§ 487.
FOURTEENTH CAUSE OF ACTION

(Punitive Damages)
restated herein.
190. The abusive, cruel, deceptive, predatory, perverted and otherwise improper acts of
Defendant Benjamin in his physical, emotional and sexual abuse, liaiassinent and sodomization of AMP
as described herein were so malicious, offensive and outrageous that it constitutes conduct which no
civilized society should be required to tolerate and therefore Defendant Benjamin should be punished for
his outrageous, egregious, oppressive and reprehensible conduct and deterred from such conduct in the
future, as an example to others similarly situated by an award of punitive damages.
191. By virtue of the foregoing, AMP is entitled to an award of punitive damages against
Defendant Benjamin.
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FIFTEENTH CAUSE OF ACTION

(Vicarious Liability)
restated herein.
193. Upon information and belief, Defendant Benjamin is a partner, member, attorney,
employee, agent or servant of the Defendant LORB.
194. Defendant LORB, by and through its partner, member, attorney, employee, agent of
servant, Defendant Benjamin represented and provided legal advice and guidance to AMP as described
above.
195. The acts, activity, conduct, deceptions and deviations of Defendant Benjamin were
committed within the scope of his capacity as a partner, member, attorney, employee, agent or servant of
Defendant LORB and while furthering its interests.
196. The Defendant LORB knew, or in the exercise of reasonable care, should have known of
8
Defendant Benjamin's abusive, cruel, deceptive, predatory, perverted and otherwise improper acts as
described herein
197. By virtue of the foregoing, the Defendant LORB is vicariously liable for all acts, activity,
conduct, deception and deviations committed by Defendant Benjamin.
WHEREFORE, the Plaintiff M. P hereby demands a jury trial and judgment in her
favor in a monetary amount to be determined by a jury, including for pain and suffering, pecuniary
damages, punitive damages, treble damages, statutory interest, costs and disbursements to the fullest
extent permitted by law, and such other and further relief this Court deems just and proper.
-32-
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DATED: November 18, 2019
COSTELLO, COONEY & FEARON, PLLC
PAU G. FERRARA
Attorneys for the Plaintiff
Office and Post Office Address

500 Plum Street, Suite 300
Syracuse, New York 13204-1401

Telephone: (315) 422-1152
-33-
34 of 35
STATE OF NEW YORK )

COUNTY OF NCOcc )ss.:
A M. P being duly sworn, deposes and says that depoñênt is the Plaintiff
in the within action; that deponent has read the foregoing Ce =gl:;ªt and knows the coñtêñts
thereof·, that the same is true to deponent's own knowledge, except as to the matters therein stated
to be alleged upon informati0ñ and belief, and that as to those matters dep0ñcnt tollwyea them to
be true.
A M. P
Subsc d and sworn to before me

this a o Nov , 1 .
. 6 ry Public
; 4.Jc.#01EL2281969
Notary Publio-Stateof New York
. , Qualmedin Broome
Ñty Commisslen Empires MAY13,
-34-
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Efca2019003543 A M P V Ronald R Benjamin Esq Et Al Summons Complaint 1

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FILED: BROOME COUNTY CLERK 11/18/2019 08:37 AM INDEX NO.

STATE OF NEW YORK

Plaintiff, County as the place of trial.

The basis of the venue is

TO THE ABOVE-NAMED DEFENDANT:

DATED: November 18, 2019 COSTELLO, COO & FEARON, PLLC

Syracuse, New York 13204-1401

126 Riverside Drive

Binghamton, New York 13902

THE LAW OFFICE OF RONALD R. BENJAMIN,

Binghamton, New York 13902

STATE OF NEW YORK

RONALD R. BENJAMIN, ESQ. and THE LAW

c OFFICE OF RONALD R. BENJAMIN, states, affirms and alleges as follows:

place of business located at 126 Riverside Drive, Birtgnamlon, New York.

6. Alternatively, Defendant Benjamin was the apparent agent of LORB.

FACTS RELEVANT TO ALL CAUSES OF ACTIONS AGAINST THE DEFENDANTS

8. On March 6, 2015, AMP was married to Adam (hereinafter referred to as

10. is lower functioning autistic and is non-verbal.

11. had been diagnosed with Microcephaly, developmental delays and is

severely autistic and non-verbal son.

in Kirkwood and relocated to Indiana.

legal counsel to protect her rights and interests.

divorce, equitable distribution, spousal maintenance, child support and custody.

daughter from a previous marriage from the marital residence.

least November 2017, which was a dependent relationship.

Family Court matters.

the divorce action.

subsequent times she was lured or coerced to meet him there.

30. Defendant Benjamin

strictly professional relationship.

was relocating to Indiana with Adam.

Broome County was in foreclosure.

44. was born on 2017 by cesarean section. Upon information

($40.00) Dollars per week.

resources for legal assistance than AMP.

md overnight visitation with

3 AMP's waist and pulled her down to sit on his lap.

do what he told her.

appearing on behalf of AMP during a custody hearing or trial.

Plaintiff's pants against her will and without her consent.

which she gave him.

pulled forward and purposefully touched her genitals.

and ceased his unwanted physical and sexual advances.

the permission or consent of plaintiff, touched her genitals.

lose her children.

therapy and well-being.

house, he led her to his den or home office.

located on the first floor of the house.

Benjamin's next advance which was clearly sexual.

petition a year too late.

herself in several other Family Court matters and petitions.

with loss of earnings.

Law and Rules.

FIRST CAUSE OF ACTION

legal matters being handled by Defendants.

assaulted and sodomized by Defendant Benjamin.

disbursements and costs.