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Law Offices of

ELMER ROBERT KEACH, III

A Professional Corporation

One Pine West Plaza, Suite 109 Albany, N Y 12205

Telephone:

518.434.1718

Facsimile:

518.770.1558

Electronic Mail:

bobkeach@keachlawfirm.com

March 3,2014

By Certified Mail, Return Receipt Requested Ian Silverman, Esquire Corporation Counsel City of Troy 433 River Street Troy, N Y 12180

The Honorable Cheryl Christiansen City Clerk City of Troy 433 River Street Troy, N Y 12180

Re:

Claim of Joseph Glick, Barry Glick and JSG Management Services, LL C

Dear Attorney Silverman and Clerk Christiansen:

Enclosed for filing with your respective offices please find the Notice of Claim of Joseph Glick, Barry Glick and JSG Management Services, LLC. I have also enclosed a duplicate copy of this Notice, together with a self-addressed stamped envelope, in my letter to Clerk Christiansen for her to date stamp and return to my office.

Thank you for your courtesies in this regard. Should you have any questions or concerns, please do not hesitate to contact me.

Enclosure

cc:

By Regular Mail Mr. Joseph Glick

In the Matter o f the Claim o f

JOSEPH GLICK. BARRY GLICK and JSG MANAGEMEN T SERVICES. LLC .

-against-

TIIE CffY

OF TROY

NOTICE OF CLAIM

TO:

CHERYL CHRISTIANSEN. City Clerk. City o f Troy IAN SILVERMAN. Corporation Counsel. City of Troy

PLEASE

TAK E

NOTIC E

that

.loseph

Glick.

Barry

Glick.

and

.ISG

Management

Services, LLC. hereby claim from the City o f Troy damages for emotional distress and economi

loss sustained

by them by reason o f the intentional and/or negligent acts and omissions o f

City

o f Troy,

its agents,

servants,

or employees,

and

in support

thereof Claimant states

follows:

1. Claimants Joseph

Glick and Barry Glick are citizens o f the Town

o f Glenville,

and reside at 106 Acorn Drive. Scotia. New York

12302. Claimant .iS(j Manauement Services.

a

LLC. is a duly incorporated Ne w York Corporation with its principal place o f business being 124

4th Street. Troy. N Y

12180.

2. The name, post office address and telephone number o f Claimants" attorney is:

Elmer Robert Keach. III. Esquire

LAW OFFICES OF ELMER ROBERT KEACH. Ill, PC One Pine West Plaza. Suite 109 Albany, New York 12205

518.434.1718

3.

Upon

information

and belieL the facts underlying this claim began on .lanuary

25th, 2014 and continue to the present date.

1

4. Upon information

124 4th Street. Troy, Ne w York.

and belief, the place where this claim aro.se was

Kokopellis,

5. Upon information

and

belief, the claims o f .Toseph Glick, Barry Glick,

Clicks") and .ISG Management Services. LL C arose in the following

manner:

("The

During

the

evening o f .lanuary 24th and/or

the

morning o f .lanuary 25th, Kokopellis

hosted a party for individuals celebrating the life o f their recently deceased friend, Darzee Reid

Joseph Glick is a co-owner o f Kokopellis along with his father Barry Glick. During the party,

.loseph

Glick

and

his staff smelled

marijucxna on the second

floor

o f their club. In response

.loseph Glick directed his staff to shut down the club and contact the

froy

Police Departmen

Incidentally, one o f Kokopellis" staff was assaulted by a patron who tried to push his way ont

the second

lloor that was now closed. The 'froy Police Department was called again in respons

to this assault.

At

appro.ximalely 2:45am,

numerous

froy

Police

Department

Officers

stormed

into

Kokopellis and brutally assaulted a number o f Kokopellis" patrons. The Troy Police Departmen

tried to justify

their behavior by claiming that the patrons tried to assault police officers wh

were attempting to maintain order. However, the Clicks, who wanted the public to know what

actually happened

in their club, released videotapes o f this incident to various media outlets,

f

video from

Kokopellis directly contradicts statements by the

froy

Police Department about th

events that took place at Kokopellis, and further demonstrated

the excessive

use

o f force b

several Troy Police Officers. Lhe media storm that followed resulted in a strong uprising from

many Troy Community citizens

against the Troy Police Department because o f the violence use

by officers during the incident. In order to shift the blame for their outrageous conduct, the Tro

Police Department, including Chief

fedesco. made a number o f blatantly false comments abou

the Clicks and engaged in a campaign o f harassment against the claimants because o f the Clic

efforts to inform the public.

For instance, on the night o f the incident. Troy Police Sergeant Carillo told .loseph Glick.

Barry

Glick

and

other

Kokopellis employees,

that

when

he

was

done

with

"this

bullshit

paperwork. 1 am going to take your liquor license."' Shortly thereafter,

and despite the Click'

9

full

compliance with

the police department's

investigatory efforts, the Clicks were turned into

the

State

Liquor

Authority

by,

upon

information

and

belieL the

Troy

Police

Department.

Currently, the Clicks are defending an action by the State Liquor Authority wherein one o f the

possible penalties is revocation o f their license.

Additionally, one

o f Kokopellis" bartenders wa

recently arrested

for serving alcohol to a minor despite that conduct being a ticketable

offens

and video depicting that minor providing appropriate identitlcation.

Since

the incident, Troy

Police Department

officers have parked

their cars outside o f

Kokopellis almost every night causing Mr . Glick to lose a tremendous amount o f business. Tro

Police Officers have been stopping and towing cars that park near Kokopellis. including a frien

of Joseph Glick. High ranking

froy

Officers, including Chief Tedesco and Captain Cooney, in

addition to the Police Benevolent Association President, Bob Fitzgerald, have also made publi

and

blatantly

fal.se

statements

about

Kokopellis.

For example,

statements

have

been

mad

indicating that the Click s were responsible for the escalation o f violence becau.se Kokopellis w

over capacity on the night o f the incident and that patrons were throwing glass bottles from th

bar

at

police

officers.

First.

Kokopellis"

certificate

o f occupancy

docs

not

state

what

the

occupancy limit is and even based on the prior owner's certificate o f occupancy. Kokopellis wa

well under the occupancy

limit.

Second, the Clicks, who have video recordings from the nigh

of the incident and who do not permit glass to be distributed in their club, can prove that gla

was not provided to his patrons nor were glass bottles thrown at any officer.

On .lanuary 28, 2014. several Troy otTicers produced a search warrant to Joseph Click at

Kokopellis.

The

search

warrant

strictly

limited

the

.search

to

video

and

audio

surveillance

equipment. Nevertheless. Joseph Glick caught Troy Police Detective Becker on video searchin

through cabinets

in the basement o f the establishment.

Further, on January

31 . 2014. anoth

Troy

Police

Officer

attempted

to

enter

Kokopellis without

any

identification.

After

being

prohibited entry into the establishment, the officer lifted his shirt revealing his police badge an

stated "is this enough fucking identification for you?" After still being refused entry and refusin

to

give

his

name

and

badge

number,

the

officer

advised

Kokopellis staff

that

he

was

an

undercover 'froy Police OHlcer and would be across the street watching the bar.

These are just a few o f the many incidents o f harassment perpetrated by the Troy Polic

Department. As a result o f the harassment, the Clicks have lost thousands o f dollars in reven

from their establishment

and suffered

significant emotional distress. Moreover, the Clicks hav

had to close Kokopellis on Sundays and Mondays and close early on Tuesdays because o f t

reduction in business.

The harassment perpetrated

the Clicks and

their business are

by the Troy Police Department is ongoing and its effects on

substantial. The Click's injuries were caused solely by th

negligence and/or intentional actions o f the City o f Troy, its agents, servants or employees, wh

while acting in the course o f their employment, harassed and are trying to destroy a legitimat

business. These actions

on the

part

o f the

City

o f Troy substantiate a claim

for intentiona

infliction

o f emotional

distress, negligent

infliction

o f emotional

distress, defamation,

libel,

slander, tortious interference

with business relations and prima facie tort. These claims are

addition to the obvious violation o f Mr. Click's rights under the New York State Constitution

and the United States Constitution.

6. 'fhis notice is made and served on

behalf o f Joseph Glick in compliance with the

provisions o f Section 50-e o f the New York General Municipal Law.

YO U

WIL L TAK E FURTHE R NOTICE that claimant demands payment o f the claim,

and unless the claim is paid within a reasonable time it is the intention o f Claimant to commenc

suit against the City

o f Troy and several County officials in the United States District Court.

Dated: February 28, 2014

LAW OFFICES OF ELMER ROBERT KEACH, III, PC

One Pine West Plaza, Suite 109

12205

Telephone: 518.434.1718 Telecopier: 518.770.1558 Electronic Mail:

bobkeach@keachlawfirm.com

Albany, New York

ATTORNEY FOR CLAIMANTS JOSEPH GLICK, BARRY GLICK, and JSG MANAGEMENT SERVICES, LLC

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