soaeens POLGTBt verso INDEX NUMBERS ‘Saratoga County Clerk STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA THERESA WILSON Plaintiff, SUMMONS “vs TULLY RINCKEY, PLLC Defendant. To the above-named Defendant: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attomey an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York, In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. ‘The nature of the action is for an accounting and money damages. Venue is proper based on the residence of multiple Plaintiffs Dated: March 12, 2019 fark J. MeC McCarthy Law’ PO Box 1396 90 State Street Albany, NY 12201 518.527.9965STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA THERESA WILSON ovs- Plaintiff, COMPLAINT Index No aaa TULLY RINCKBY PLLC ‘oie P9TE versovi®? w : INDEX NUMBERS Defendant. ‘Saratoga County Clerk Plaintiff, Theresa Wilson through her attorney McCarthy Law (Mark J. McCarthy), complaining of Defendant Tully Rinckey PLLC alleg: Plaintiff Theresa Wilson is an individual resident of the County of Saratoga, New York with a residence address of 5015 Fairground Ave., Ballston Spa, New York. Upon information and belief Defendant Tully Rinckey PLLC ("Tully”) is a professional limited liability company organized under the laws of New York for the practice of law, with a principal place of business at 441 New Kamer Road, Albany. NY 12205 On or about January 2, 2012 Plaintiff was hired by Town of Milton, New York (the “Town”) in the position of Confidential Secretary to Daniel Lewza (“Lewza"). in his capacity as Town Supervisor. . At the time she commenced work for the Town Plaintiff was a single mother of two young boys, and the salary of approximately $39,000.00 together with the robust health insurance and other benefits attached to the position was vitally important to her.5. With the financial stability afforded to her by the position with the Town, Plaintiff planned to construct a home, specifically identifying a federally subsidized mortgage program designed for people with income similar to hers who might otherwise be closed out of the mortgage market, 6. Almost immediately upon commencing her employment for the Town and being directly supervised and controlled by Lewza, Plaintiff’ was subjected to profound, horrific and damaging sexual harassment by Lewza. 7. The pattern of unlawful conduct began within one week of Plaintiff beginntalgctstrk for the Te ywn when Lewza sent her a text message reciting "I want to show you my hard (penis)". 8. While this first text was the shocking to Plaintiff and completely unlike any other experience she had in previous employment, her need for the financial stability provided by the job caused her to remain in the position after telling Lewza the communication was unwelcomed and must not be repeated, 9. Upon information and belief at the time of the January 2012 communication described above and throughout the course of conduct described below Lewza was married. 10. Rather than a terminating the offensive. unlawful and damaging conduct however Lewza continued a pattem of behavior over the next four years which is truly shocking to any reasonable person, and which is indefensible in an employment situation where the man has complete control over the woman's employment and therefore her financial well-being. 11. With many of the communications made by text and therefore preserved, Lewza exhibited an emotional and sexual obsession withPlaintiff. 12, On multiple occasions over the course of the next four years Lewza improperly and without Plaintiff s invitation or a consent hugged her and attempted to kiss her, even going so far as to kiss her on the forehead in the outside the main Town office in May 2013. 13.Lewza repeatedly sought to force Plaintiff to meet with him in his office with no one else present and the door closed, efforts which Plaintiff to the extent possible avoided, although her position as Confidential Secretary did require some level of privacy on oceasion.