glick notice of claim

8/12/2019 Glick Notice of Claim

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La w Offices ofE L M E R R O B E R T K E A C H I II

A ProfessionalCorporation

One Pine WestPlaza Suite 109Albany NY 12205

Telephone: 518.434.1718Facsimile: 518.770.1558

Electronic M a i l: [email protected]

March3 2014

By CertifiedMail ReturnReceiptRequestedIa n Silverman EsquireCorporation CounselCityofTroy433RiverStreetTroy NY 12180

The HonorableC h e r ylChristiansenCity C lerkCityofTroy433RiverStreetTroy NY 12180

R e: Claimof JosephGlick Ba rry Glickand J S G Management Services L L CDearAttorneySilvermanandC lerkChristiansen:

Enclosedfor filing with your respective offices please find the Notice ofClaimof JosephGlick B arry GlickandJ S G Management Services L L C . I have also enclosed a duplicate copyof this Notice together with a self-addressed stamped envelope in my letter to ClerkChristiansenforh er to date stamp andreturnto my office.

Thankyou for your courtesies in thisregard. Should you have any questions or concernsplease do not hesitate to contact me.

Enclosure

cc:By Regular MailM r. JosephGlick


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Inthe Matter of theClaimofJOSEPH G L I C K BARRY G L I C K andJSG M A N A G E M E N T SERVICES.LLC .

-against-T I I E C f f Y OF TROY

NOTICE OF C L A I M

TO: CHERYL CHRISTI ANSEN. C i t y Clerk. C i t yofTroyI A N S I L V E R M A N Corporation Counsel.C i t yofTroyPLEASE T A K E NOTICE that .loseph G l i c k Barry G l i c k and .ISG Managemen

Services, L L C hereby claim f rom the C i t yofTroydamagesfor emotional distress and ecloss sustained by them by reason of the intentional and/or negligentacts and omissioCi t y of Troy, its agents, servants, or employees, and in support thereof Claimant sfollows:

1 Claimants Joseph G l i c k and Barry G l i c k are citizens of the Town ofGlenand reside at 106 Acorn Drive. Scotia. New Y o r k 12302. Claimant .iS(j Manauement SerL L C is aduly incorporated New Y o r k Corporationw i th itsprincipalplace of business be4th Street.Troy.NY 12180.

2. The name, postoffice addressand telephone number ofClaimants attorneyElmer Robert Keach. I I I . EsquireL A WOFFICES OFELMER ROBERTK E A C H I l l PCOne Pine West Plaza. Suite 109Albany,New Y o r k 12205518.434.1718

3. Upon information and belieL the facts underlying this claim began on .la25th,2014 and continue to the present date.

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4. Upon information and belief, the place where this claim aro.se was Kokop124 4th Street. Troy, New York .

5. Upon information and belief, the claims of .Toseph G l i c k , Barry G l i c k , ( Clicks ) and .ISG Management Services. LLCarosein the f o l l ow ing manner:

During the evening of .lanuary 24th and/or the morning of .lanuary 25th, Kokohosted a party for individuals celebrating the l ifeof their recentlydeceased friend, DarzeJoseph G l i ck is a co-owner of Kokopell is along w i t h his father Barry G l i c k . During the.loseph G l i ck and his staff smelled marijucxna on the second floor of their club. In re.loseph G l i ck directed his staff to shut down the club and contact the f roy Police DepIncidentally, one of Kokopellis staff was assaulted by a patron who tried to push his wthe second lloor that was now closed. The f roy Police Department was called again inrtothisassault.

A t appro.ximalely 2:45am, numerous f roy Police Department Officers stormedKokopellis and brutallyassaulted a number ofKokopellis patrons. The Troy Police Deptried to j us t i f y their behavior by claiming that the patrons tried to assault police officewere attempting to maintain order. However, the Clicks, who wanted the public to knowactually happened in their club,released videotapes o f this incident to various media ouvideo f rom Kokopellis directly contradicts statements by the f r oy Police Department abevents that took place at Kokopellis, and further demonstrated the excessive use of several Troy Police Officers. Lhe media storm that followed resulted in a strong uprisinmanyTroy Community citizens against theTroy Police Department becauseof the violenby officers during the incident. In order toshift the blame for their outrageous conduct, Police Department, including Chief fedesco. made a number of blatantly false commentthe Clicks and engaged in a campaign ofharassment against the claimants becauseof tefforts to i n form the public.

For instance, on the night of the incident.Troy PoliceSergeant Carillo to ld .losephBarry G l i ck and other Kokopellis employees, that when he was done w i t h this bpaperwork. 1 am going to take your liquor license. ' Shortly thereafter, and despite the


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f u l l compliance w i t h the police department's investigatory efforts, the Clicks were turnthe State Liquor Authority by, upon information and belieL the Troy Police DepartCurrently, the Clicks are defending an action by the State Liquor Authority wherein onepossible penalties is revocation of their license. Additionally, one ofKokopellis bartendrecently arrested for serving alcohol to a minor despite that conduct being a ticketableand video depicting that minorprovidingappropriate identitlcation.

Since the incident, Troy Police Department officers have parked their cars outsKokopellis almost every night causing Mr.G l i c k to lose a tremendous amount ofbusinePolice Officers have beenstopping and towingcars that park near Kokopellis. includingo f Joseph G l i c k . H i g h ranking f r o y Officers, including Chief Tedesco and Captain Coonaddition to the Police Benevolent Association President, Bob Fitzgerald,havealso madand blatantly fal.se statements about Kokopellis. For example, statements have beeindicating that the Clicks were responsible for the escalation of violencebecau.seKokopover capacity on the night of the incident and that patrons were throwing glass bottlesbar at police officers. First. Kokopellis certificate of occupancy docs not state woccupancy l i m i t is and even based on the prior owner's certificate of occupancy. Kokopw e l l under the occupancy l i m i t . Second, the Clicks, who have video recordings f rom tho f the incident and who do not permit glass to be distributed in their club, can prove thwas not provided to his patrons nor wereglassbottles thrown at any officer.

On .lanuary 28, 2014. several Troy otTicers produced asearch warrant toJoseph CKokopellis. The search warrant strictly l im i t e d the .search to video and audio surveequipment. Nevertheless. Joseph G l i c k caught Troy Police Detective Becker on video sthrough cabinets in the basement of the establishment. Further, on January 31. 2014.Troy Police Officer attempted to enter Kokopellis without any identification. Afterprohibited entry into the establishment, the officer l i f ted his shirt revealing his policebastated is this enough fucking identification for you? After s t i l l being refused entry and to give his name and badge number, the officer advised Kokopellis staff that he wundercover f r o y Police OHlcer and would beacrossthestreetwatching the bar.

These are just a few of the many incidents ofharassment perpetrated by the TroyDepartment. As a result of the harassment, the Clickshave lost thousands of dollars inf rom their establishment and suffered significant emotional distress. Moreover, the Clic


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had to close Kokopellis on Sundays and Mondays and close early on Tuesdays becausreduction inbusiness.

The harassment perpetrated by the Troy Police Department is ongoing and its effethe Clicks and their business are substantial. The Click s injuries were caused solelynegligence and/or intentional actions of the C i t y ofTroy, itsagents, servantsor employeewhile acting in the course of their employment, harassed and are trying to destroy a lebusiness. These actions on the part of the C i ty of Troy substantiate a claim for intei n f l i c t ion of emotional distress, negligent i n f l i c t i on of emotional distress, defamation,slander, tortious interference w i t h business relations and prima facie tort.These claimaddition to the obvious violation of Mr. Cl ick s rights under the New Y o r k State Constiand the UnitedStatesConstitution.

6. fhis notice ismade and served on behalf ofJoseph G l i c k in compliance w iprovisions of Section 50-e of the New Y o r k General MunicipalLaw.

Y O U W I L L T A K E FURTHERNOTICE that claimant demands payment of the claimand unlessthe claim is paid w i t h i n areasonable time it is the intention of Claimant to cosuitagainst the C i t y of Troy and several County officials in the UnitedStatesDistrict Cour

Dated: February 28, 2014L A W OFFICES OF ELMERROBERT K E A C H I I I PCOne Pine West Plaza,Suite 109Albany,New Y o r k 12205Telephone: 518.434.1718Telecopier: 518.770.1558Electronic M a i l :[email protected] T T O R N E Y F O R C L A I M A N T SJ O S E P H G L I C K B A R R Y G L I C K ndJ S G M A N A G E M E N T S E R V I C E S LLC

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glick notice of claim

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