SUPREME COURT OF TILE STATE OF NEW YORK

COUNTY OF WESTCHESTER j

CAROL CENTONZE,

Plaintiff,

VERIFIED COMPh11INT

Defendant.

Plaintiff by his attorneys GRACE & GRACE alleges the following upon information and belief:

1. That at all times hereinafter mentioned, the Plaintiff resided in the County of Westchester and State of New York.

2. That at all times hereinafter mentioned, Defendant STEVEN G. KAALI, M.D. was an individual doing business in the State of 1Qew York.

3. That at all times hereinafter mentioned, Defendant STEVEN G. KAALI, M.D., P.C. was a professional corporation duly licensed and registered to do business in the State~of New

York.

4. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., WOMEN'S MEDICAL PAVILION owned the premises known as 88 Ashford Avenue, Dobbs, Ferry, New York.

5. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., P.C. d/b/a

WOMEN'S MEDICAL PAVILION operated the premises known as 88 Ashford Avenue, Dobbs Ferry, New York.

6. Upon information and belief at all,'tfmes hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., WOMEN'S MEDICAL PAVILION managed the premises known as 88 Ashford Avenue, Dobbs Ferry, New York.

7. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION maintained the premises known as 88

Ashford Avenue, Dobbs Ferry, New York.

8. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION controlled the premises known as 88 Ashford Avenue, Dobbs Ferry, NE~w York.

9. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN,'S MEDICAL PAVILION was the lessor of the premises known as 88 Ashford Avenue, Dobbs, Ferry, New York.

10. Upon information and belief at all times hereinafter

mentioned, the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION was the lessee of the premises known as 88 Ashford Avenue, Dobbs Ferry, New York.

11. Upon information and belief at all times hereinafter mentioned, the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION was in the business of rendering abortions on members of the public.

. . . . .(Prin~ Name Beneath Signurure)~ ~ .

12. Upon information and belief at all times hereinafter mentioned the Defendant STEVEN G. KAALI, M.D. was a principal of Defendant_.STEVEN G. KAALI, M.D., P.C, d/b/a WOMEN'S MEDICAL PAVILION.

13. Upon information and belief at all times hereinafter mentioned the Defendant STEVEN G. KAALI, M.D. was an agent of Defendant STEVEN G. KAALI, M.D., d/b/a/ WOMEN'S MEDICAL PAVILION.

14. Upon information and belief at all times hereinafter mentioned the Defendant STEVEN G. KAALI, M.D. was an employee of Defendant STEVEN G. KAALI, M.D. d/b/a WOMEN'S MEDICAL PAVILION.

15. That at all times hereinafter mentioned the Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION was vicariously liable for~the acts of Defendant STEVEN G. KAALI, M. D.

16. That on or about the 21st day of July, 1990, in the area of John Street and Dwight Lane in the Town of Greenwich, State of Connecticut, the Plaintiff, CAROL CENTONZE, while

lawfully walking on a public right-of-way was deliberately and intentionally assaulted, battered and soused with a noxious, infectious, caustic and filthy substance by Defendant STEVEN G. KAALI, M.D., while said Defendant was acting within the scope and furtherance of the business purposes of Defendant STEVEN G. KAALI, M.D., d\b\aWOMEN'S MEDICAL PAVILION.

17. That as a result of the above, the Plaintiff was seriously injured.

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~18. That at the aforementioned time Defendants approached the Plaintiff ire a 19. That at the aforementioned time Defendants acted in a manner intended to an immediate and reasonable fear for her 20. That at the aforementioned time Defendants used threatening language directed Plaintiff and verbalized in a manner intended Plaintiff in an immediate and reasonable fear

and place, the threatening manner. and place, the place the Plaintiff life and limb.

and place, the towards the to place the for her life and limb.

21. That this Plaintiff was, in fact, placed in immediate reasonable fear for her life and limb.

22. That all of the aforesaid threatening statements and/or actions of the Defendants were committed intentionally, wantonly, and with reckless disregard the legal rights of the Plaintiff.

23. That solely by assaulted by the Defendants. AS AND FOR A SECOND CAUSE OF ACTION

and maliciously, willfully, for was reason of the aforesaid, this Plaintiff24. That at the aforementioned time and place the Defendants physically attached this Plaintiff, intentionally and with the purpose of killing, maiming and/or otherwise injuring the Plaintiff.

25. That as a result thereof, the Defendants caused Plaintiff to experience harmful and offensive physical contact with Defendant STEVEN G. KAALI, M.D. and objects and substances said Defendant threw upon the Plaintiff.

26. That the actions of the Defendants were made with the intent to bring about a harmful and/or offensive contact with the person of this Plaintiff.

27. That the actions of ttie Defendants did, in fact, bring about a harmful and/or offensive contact with the person of this Plaintiff.

28. That all of the aforesaid actions of the Defendants were committed intentionally, maliciously, willfully, wantonly and with reckless disregard for the legal rightE~ of the

Plaintiff.

29. That solely by reason of the aforesaid, the Plaintiff has been battered by the Defendants.

AS AND FOR A THIRD CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

30. That the aforementioned actions of the Defendants were conducted with the intent to cause the Plaintiff to suffer

severe and emotional distress.

31. That all of the aforesaid acts and omissions of the Defendants were committed intentionally, maliciously, willfully, wantonly and with reckless disregard for the legal rights of the Plaintiff.

f2. That solely by reason of the aforesaid acts of the Defendants, this Plaintiff has been caused to fear for her life and limb and has otherwise been subjected to vast and painful emotional distress.

33. That all the aforesaid acts and omissions of the Defendants were conducted without any just cause or provocation

and without any negligence on the part of the Plaintiff contributing thereto, and without the consent of the Plaintiff. 34. That the acts of the Defendants upon the Plaintiff were wanton and reckless and performed with the sole intent to harm, embarrass, frustrate, denigrate and otherwise humiliate the Plaintiff and as such said acts and omissions evince a total disregard of the rights and safety of the general public and Plaintiffs wherefore punitive damages will be requested to punish Defendants and deter others from similar conduct.

WHEREFORE, Plaintiff prays for judgment against the Defendants as follows:

a. On the first cause of action, the sum of TEN MILLION DOLLARS ($10,000,000.00)

b. On the second cause of action, the sum of TEN MILLION DOLLARS ($10,000,000.00)

c. bn the third cause of action, the sum of TEN MILLION DOLLARS ($10,000_`000.00)

d. For punitive damages in the amount of -- TEN MILLION DOLLARS ($10,000,000.00)

f. For such other and further relief as to the Court

seems just and proper.

Dated: Yonkers, New York September 13, 1990

Yours, etc.

GRACE b GRACE Attorneys for Plaintiff 538 Riverdale Avenue Yonkers, New York 10705 (9~4) 378-1010