This document is a summons and complaint filed in a lawsuit by Mary Sliwa against Curtis Sliwa and Melinda Katz. The summons informs the defendants that they have been sued and must respond to the complaint. The complaint alleges that Curtis Sliwa committed adultery on numerous occasions with Melinda Katz during his marriage to Mary Sliwa. It also claims that Curtis Sliwa and Katz conspired to drain marital assets so Sliwa could leave his wife and join Katz. The complaint asserts causes of action for adultery and conspiracy to commit fraud.
This document is a summons and complaint filed in a lawsuit by Mary Sliwa against Curtis Sliwa and Melinda Katz. The summons informs the defendants that they have been sued and must respond to the complaint. The complaint alleges that Curtis Sliwa committed adultery on numerous occasions with Melinda Katz during his marriage to Mary Sliwa. It also claims that Curtis Sliwa and Katz conspired to drain marital assets so Sliwa could leave his wife and join Katz. The complaint asserts causes of action for adultery and conspiracy to commit fraud.
This document is a summons and complaint filed in a lawsuit by Mary Sliwa against Curtis Sliwa and Melinda Katz. The summons informs the defendants that they have been sued and must respond to the complaint. The complaint alleges that Curtis Sliwa committed adultery on numerous occasions with Melinda Katz during his marriage to Mary Sliwa. It also claims that Curtis Sliwa and Katz conspired to drain marital assets so Sliwa could leave his wife and join Katz. The complaint asserts causes of action for adultery and conspiracy to commit fraud.
COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )( MARY SLIWA, Plaintiff, -against- CURTIS SLIWA and MELINDA KATZ, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )( Index No. SUMMONS Basis of Venue is Plaintiff's residence at 215 East 96th Street New York, NY 100128 Date Summons Filed with Court: March 21, 2013 TO THE ABOVE NAMED DEFENDANTS: 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 Plaintiffs Attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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 answer or appear, judgment will be taken against you by default for the relief demanded in the notice set forth below and in the complaint. Dated: March 21, 2013 Attorney for Plaintiff Office & P.O. Address 15 East 32nd Street, 3rd Floor New York, NY 10016 Tel: (212) 564-8181 Fax: (212) 564-4414 Email: [email protected] FILED: NEW YORK COUNTY CLERK 05/09/2013 INDEX NO. 154296/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2013 To: Curtis Sliwa 67-42 Ingram Street Forest Hills, NY 11375 Melinda Katz 67-42 Ingram Street Forest Hills, NY 11375 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x MARY SLIWA, Plaintiff, -against- CURTIS SLIWA and MELINDA KATZ, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Index No. VERIFIED COMPLAINT Plaintiff, by her attorney, Paul W. Siegert, as and for her Complaint, alleges as follows: 1. At all relevant times hereinafter mentioned, plaintiff has resided in the City, County and State of New York. 2. At all relevant times hereinafter mentioned, defendant, Curtis Sliwa, has resided in the City and State of New York and presently resides at 67-42 Ingram Street, Forest Hills, NY 11375 with co-defendant, Melinda Katz. 3. At all relevant times hereinafter mentioned, defendant, Melinda Katz, has resided at 67-42 Ingram Street, Forest Hills, NY 11375. 4. Plaintiff and Curtis Sliwa were married on Ju1y 8, 2000 m the City, County and State of New York. 5. Plaintiff and Curtis Sliwa have a classified special needs child of the marriage, Anthony Chester Sliwa, who was born on December 11, 2003. 6. A Judgment of Divorce ending the marriage of the Plaintiff and Curtis Sliwa was granted on May 7, 2012 and entered on June 4, 2012 in the Office of the Kings County Clerk. 7. For many years prior to the Judgment of Divorce, although Plaintiff and Cmiis Sliwa resided together as husband and wife in the marital home in New York County, Curtis Sliwa had a secret, personal and intimate relationship with defendant, Melinda Katz, and committed adultery with her on a myriad of occasions. For example, (a) on February 25, 2010 at 67-42 Ingram Street, Forest Hills, New York, 10375; (b) on March 17, 2010 (St. Patrick's Day) at 67-42 Ingram Street, Forest Hills; ( c) on March 31, 2010, after stating that he had gone to Crown Heights and wasn't feeling well and was dehydrated, defendant falsely stated he would be sleeping at the Empire State Building, but instead, traveled to 67-42 Ingram Street, Forest Hills, New York, and engaged in sexual intercourse with Melinda Katz; ( d) on April 9, 2010 after stating that he had gone to a Mets game and that a friend had dropped him off at the Empire State Building, defendant lied to plaintiff and stated that he had slept at the Empire State Building when, in fact, he had gone to 67-42 Ingram Street, Forest Hills, New York, to engage in sexual intercourse with Melinda Katz; (e) on April 13, 2010 after stating that he had gone to a Yankee game and had an appointment at the Metropolitan Club, defendant did not come to the marital home but rather went to 67-42 Ingram Street, Forest Hills, New York, to engage in sexual intercourse with Melinda Katz; (f) on June 4, 2010 after going to Secaucus, New Jersey, defendant called plaintiff and said "all aboard, get those critters ready" and that he would be home, but he did not come home and, in fact, went to 67-42 Ingram Street, Forest Hills, New York to engage in sexual intercourse with Melinda Katz; (g) on June 5, 2010, after telling plaintiff that he would be going to the big fight night at Yankee Stadium and lying that the fight was over at 3:00 a.m. and that he then had a tour of the stadium thereafter, plaintiff actually went to 67-42 Ingram Street, Forest Hills, New York and defendant engaged in sexual intercourse with Melinda Katz; and (h) in June (e.g., June 25), July (e.g., July 9, 27 and 30) and August, 2010 (e.g., August 3 and 4) on specific dates known to the plaintiff, at 67-42 Ingram Street, Forest Hills, New York, defendant engaged in sexual intercourse with Melinda Katz; and (i) the co-defendants have had a secret, sexual, personal and intimate relationship for many years despite Curtis Sliwa being married to Plaintiff. 8. On May 3, 2008, while Curtis Sliwa was married to Plaintiff, Curtis Sliwa fathered a child with Melinda Katz with Katz being fertilized in vitro with sperm donated by Curtis Sliwa. 9. During the next several months, the co-defendants conspired with each other to drain marital assets so Curtis Sliwa could leave Plaintiff in due course, join his mistress, Melinda Katz, and have a "nest egg" of marital assets. 10. Falsely asserting over and over that there was no relationship between himself and Melinda Katz and implementing the plan to pilfer, purloin and swindle marital assets, Curtis Sliwa told Plaintiff that the sperm donated had been "frozen" years before and he convinced Plaintiff that they would have to use significant marital assets to pay child support for the Katz child born out-of-wedlock. 11. Curtis Sliwa and Melinda Katz, an attorney, were fully aware of the Child Support Standards Act in New York which mandated child support, under the circumstances presented, of no more than $1, 700 per month (plus, perhaps, an amount which could be assessed in a court's discretion). 12. Despite the foregoing, the defendants fraudulently conspired together for a child support payment of $8,000 per month ($96,000 per annum, tax free) plus another $1,150 per month (tax free) for Curtis Sliwa to provide his mistress with a $2,000,000 life insurance policy. These payments amounted to 56% of the after-tax dollars of Curtis Sliwa's income leaving only 44% for the marital household. In furtherance of the scheme, in July, 2008, Curtis Sliwa and Melinda Katz entered into an agreement memoralizing these amounts without Melinda Katz even having to provide a net worth statement. These sums far exceeded any legal obligation of Curtis Sliwa for child support under the Child Support Standards Act. 13. As a result of the conspiracy between Curtis Sliwa and Melinda Katz and these huge payouts, defendants were able to accumulate over $400,000 of marital assets as they continued their clandestine, personal and intimate relationship. 14. The heartless defendants were so adept at this scheme that their agreement provided that if the Internal Revenue Service challenged the amount as being beyond "child support", Curtis Sliwa would pay his mistress's taxes on the excessive payments which amounts could only come from more marital assets because Curtis Sliwa had no non-marital assets. 15. On August 6, 2010, while Curtis Sliwa was married to Plaintiff, defendants conspired to have another child and Melinda Katz visited a clinic and was fertilized in vitro again with sperm from Curtis Sliwa. 16. On February 24, 2011, while Curtis Sliwa was married to Plaintiff, Curtis Sliwa fathered another child with Melinda Katz. On the occasion of each child's birth, Curtis Sliwa willingly acknowledged paternity to his mistress without demanding a paternity test. 1 7. During all this time, against the protestations of Plaintiff, defendant arranged for post-dated checks to be supplied to his mistress so that the scheme could be facilitated and Melinda Katz would not be inconvenienced by having to wait for monthly payment of the alleged "child support 11
18. During the years that Melinda Katz was rece1vmg these excessive payments, on many occasions, there were insufficient funds to pay her, but Curtis Sliwa always told plaintiff that "[her] bill had to be paid" and, as a result, money was withdrawn from the child's account to pay Melinda Katz to the extent that the account balance went from about $70,000 to $400. 19. Thereafter, Curtis Sliwa left the marital home and began to reside with Melinda Katz. 20. In furtherance of the conspiracy, Curtis Sliwa made representations of fact to Plaintiff (i) that he had no relationship whatsoever with Melinda Katz, (ii) that the in vitro sperm was "frozen" for years, (iii) that Melinda Katz was having these children against his will, and (iv) that the $405,000 paid tax free to Melinda Katz representing 56% of his after-tax income was legitimate child support and would be ordered by any Court. 21. All of the foregoing representations were false in that (i) there was an intimate, personal and sexual relationship with Melinda Katz for years; (ii) upon information and belief, the sperm was actually donated by Curtis Sliwa shortly before the birth of each child; (iii) Curtis Sliwa supported Melinda Katz having these children although he was married to plaintff; and (iv) the $405,000 paid to Melinda Katz was not legitimate child support but rather part of a plan to drain marital assets so Curtis Sliwa could leave Plaintiff in due course to join his mistress, Melinda Katz, and have a "nest egg" of marital assets. 22. Curtis Sliwa is an inveterate, world-class liar and knew that the representations being made to Plaintiff were false. 23. Curtis Sliwa made the representations to induce Plaintiff not to challenge the huge amounts of marital assets which were being transferred to Melinda Katz. 24. Plaintiff was justified in relying upon Curtis Sliwa's representations that because she wanted to keep the marriage together, was constantly told by Curtis Sliwa that he loved both her and his child, Anthony, wanted to give her husband the benefit of any doubts, trusted him, could not believe that he would willingly have children with another woman while married to her, and thought that the amounts being paid were legitimate child support. 25. By reason of the foregoing and the fraud perpetrated by these defendants, Plaintiff has been injured and damaged in the sum of $405,000. WHEREFORE, plaintiff demands judgment against defendants in the sum of $405,000 with applicable interest, punitive damages of $1,000,000, plus the costs and disbursements of this action. Dated: New York, NY March 20, 2013 PAUL w. sntGERT Attorney for Plaintiff Office & P.O. Address 15 East 32nd Street, 3rd Floor New York, NY 10016 Tel: (212) 564-8181 Fax: (212) 564-4414 Email: [email protected] VERIFICATION STATE OF NEW YORK SS.: COUNTY OF NEW YORK Mary Sliwa, being duly sworn, depose and say that she is the plaintiff herein and has read the foregoing Complaint and knows the contents thereof and that the same is true to her ow n know ledge except as to t hose matters alleged upon information and belief and that as to those matters, she believes them to be true. Sw orn to before me on the 20th day of March, 2013 ~ ; b ~ Notary Public l PAUL W. SIEGERT Notary Public State of New Yott No. 02SMeo82gs Qualified in W.:.awtw C<Ulty Commiaion e.,. JMuiry 22, 20t4 @ ' C { J ' ~ Mary Sliw Index No. SUPREME COURT OF STATE OF NEW YORK COUNTY OF NEW YORK CERTIFICATION I am an attorney admitted to practice in New York. This being a civil action, pursuant to Part 130 of the Rules of the Chief Administrator, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentat ion of the above described document(s) or the contentions therein are not frivolous as defined in Part 130-1.1 (c). Dated: PAUL W. SIEGE Mary Sliwa, Plaintiff, -against- Curtis Sliwa and Melinda Katz, Defendants. SUMMONS WITH COMPLAINT PAUL W. SIEGERT Attorney for Plaintiff Office & P.O. Address 1 5 East 32nd Street, 3rd Fl. New York, NY 10016 Tel: (212) 564-8181 Fax (21 2) 564-4414 Email: [email protected]