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Louis R Rinaldi, Andrea K Zambrano v. Village Of Ossining, Town Of Ossining, Kevin Sylvester, Rika Levin, Robert Fritsche, Omar Lopez, Dana White, Dana Levenberg, Elixabeth Feldman, Jennifer Fields-Tawil, Angelo Manicchio, Manuel Quezada, Manuel Que…
A Commercial - Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Westchester County. Judge Alexandra D Murphy presiding.
Case Details
Case Number
Filing Date
July 06, 2023
Last Refreshed
January 26, 2024
Filing Location
Westchester County, NY
Judge
Hon. Alexandra D Murphy
Category
Commercial - Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Removal
Overview
In January 2016, defendant Kevin Sylvester (“Sylvester”) was appointed the
youngest chief of police ever to serve the Village of Ossining Police Department (“VOPD”). In-
deed, Sylvester was the youngest police chief ever appointed in all of Westchester County. His
family has lived and worked in the defendant Village of Ossining (“Village”) for generations. And
during his nearly eight-year tenure as police chief, Sylvester was widely known throughout the
community, projecting himself on local media as a fair, good-natured, and responsible public serv-
ant who was deeply committed to the Village and its residents.
During his time as VOPD chief, he was also very popular with many local elected
officials, including the Village’s mayor and defendant the Villages’ Board of Trustees (“Trus-
tees”). They regularly touted his service as exemplary and uniformly supported his actions in run-
ning the police department. Sylvester repeatedly told VOPD personnel that he was in complete
control of the department and that the Trustees followed his directions.
On December 6, 2023, Sylvester abruptly announced his “separation” from the
VOPD and his “confidential separation agreement” was unanimously approved by the Trustees.
That generous agreement—which is far from ordinary for someone whose job contract is about to
lapse of its own accord—provides troubling insight into the parties’ relationship. A true and
Causes of Action
1. TORTIOUS INTERFERENCE
2. FRAUD IN THE INDUCEMENT
3. BREACH OF CONTRACT
4. PLAINTIFF RINALDI- _ FRAUD
5. VIOLATION OF RIGHT TO PRIVACY AS TO PLAINTIFF ZAMBRANO
6. AGAINST THE VILLAGE
7. UNEQUAL TREATMENT
8. DISCRIMINATION AND HARASSMENT AGAINST BOTH PLAINTIFFS
causes of action accrued.
cause of action accrued.
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Attorneys for Defendants
Case Documents
NOTICE OF REMOVAL / REMAND (POST RJI)
Date: Jan 16, 2024EXHIBIT(S) - A
Date: Jan 16, 2024EXHIBIT(S) - C (Motion 4)
Date: Jan 09, 2024EXHIBIT(S) - B (Motion 4)
Date: Jan 09, 2024NOTICE OF CROSS-MOTION (Motion 4)
Date: Jan 09, 2024MEMORANDUM IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion 4)
Date: Jan 09, 2024AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 4)
Date: Jan 09, 2024EXHIBIT(S) - A (Motion 4)
Date: Jan 09, 2024COURT NOTICE
Date: Dec 08, 2023LETTER / CORRESPONDENCE TO JUDGE
Date: Dec 06, 2023NOTICE OF APPEARANCE (POST RJI)
Date: Dec 06, 2023STIPULATION - ADJOURNMENT OF MOTION (Motion 3)
Date: Nov 24, 2023STIPULATION - OTHER
Date: Nov 03, 2023EXHIBIT(S) - C (Motion 3)
Date: Oct 27, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Oct 27, 2023MEMORANDUM OF LAW IN SUPPORT
Date: Oct 27, 2023NOTICE OF MOTION
Date: Oct 27, 2023EXHIBIT(S) - A (Motion 3)
Date: Oct 27, 2023EXHIBIT(S) - E (Motion 3)
Date: Oct 27, 2023EXHIBIT(S) - B (Motion 3)
Date: Oct 27, 2023EXHIBIT(S) - D (Motion 3)
Date: Oct 27, 2023STIPULATION - TIME TO ANSWER
Date: Oct 10, 2023LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 09, 2023LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 09, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Sep 12, 2023COMPLAINT (AMENDED)
Date: Sep 06, 2023STIPULATION - DISCONTINUANCE (POST RJI)
Date: Sep 06, 2023SUMMONS (PRE RJI) (AMENDED)
Date: Sep 06, 2023STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion 1)
Date: Sep 06, 2023STIPULATION - TIME TO ANSWER
Date: Aug 31, 2023NOTICE OF MOTION
Date: Aug 28, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Aug 28, 2023EXHIBIT(S) - A (Motion 2)
Date: Aug 28, 2023EXHIBIT(S) - B (Motion 2)
Date: Aug 28, 2023MEMORANDUM OF LAW IN SUPPORT
Date: Aug 28, 2023STIPULATION - TIME TO ANSWER
Date: Aug 24, 2023NOTICE OF MOTION
Date: Aug 23, 2023EXHIBIT(S) - A (Motion 1)
Date: Aug 23, 2023ADDENDUM - GENERAL (840A)
Date: Aug 23, 2023RJI -RE: NOTICE OF MOTION
Date: Aug 23, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT
Date: Aug 23, 2023EXHIBIT(S) - B (Motion 1)
Date: Aug 23, 2023EXHIBIT(S) - C (Motion 1)
Date: Aug 23, 2023CONSENT TO CHANGE ATTORNEY (PRE RJI)
Date: Aug 02, 2023STIPULATION - TIME TO ANSWER
Date: Jul 31, 2023STIPULATION - OTHER
Date: Jul 26, 2023NOTICE OF APPEARANCE (PRE RJI)
Date: Jul 21, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 20, 2023NOTICE OF APPEARANCE (PRE RJI)
Date: Jul 19, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 17, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 17, 2023NOTICE OF APPEARANCE (PRE RJI)
Date: Jul 14, 2023SUMMONS COMPLAINT
Date: Jul 06, 2023Case Events
Date | Type | Description | |
---|---|---|---|
January 16, 2024 | NOTICE OF REMOVAL / REMAND (POST RJI) | ||
January 16, 2024 |
EXHIBIT(S) - A Notice of Removal (Federal) |
||
January 09, 2024 |
EXHIBIT(S) - C (Motion #4) First Amended Complaint |
||
January 09, 2024 |
EXHIBIT(S) - B (Motion #4) Redline comparing Second Amended Complaint to First Amended Complaint |
||
January 09, 2024 |
NOTICE OF CROSS-MOTION (Motion #4) Notice of cross-motion for leave to amend the complaint |
||
January 09, 2024 |
MEMORANDUM IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #4) Memorandum of law in support of cross-motion and in opposition to motion |
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January 09, 2024 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #4) Affirmation of Daniel Alter |
||
January 09, 2024 |
EXHIBIT(S) - A (Motion #4) Proposed Amended Summons and Second Amended Complaint |
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December 08, 2023 |
COURT NOTICE Filing on Behalf of - MOTION SUPPORT Steve Kelner Sr. Ct. Clk. |
||
December 06, 2023 |
LETTER / CORRESPONDENCE TO JUDGE Letter requesting extension |
||
December 06, 2023 | NOTICE OF APPEARANCE (POST RJI) | ||
November 24, 2023 |
STIPULATION - ADJOURNMENT OF MOTION (Motion #3) Stipulation to Extend Time |
||
November 03, 2023 |
STIPULATION - OTHER Stipulation to Extend Time |
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October 27, 2023 |
EXHIBIT(S) - C (Motion #3) Exhibit C |
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October 27, 2023 | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION | ||
October 27, 2023 | MEMORANDUM OF LAW IN SUPPORT | ||
October 27, 2023 | NOTICE OF MOTION | ||
October 27, 2023 |
EXHIBIT(S) - A (Motion #3) Exhibit A |
||
October 27, 2023 |
EXHIBIT(S) - E (Motion #3) Exhibit E |
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October 27, 2023 |
EXHIBIT(S) - B (Motion #3) Exhibit B |
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October 27, 2023 |
EXHIBIT(S) - D (Motion #3) Exhibit D |
||
October 10, 2023 | STIPULATION - TIME TO ANSWER | ||
October 09, 2023 | LETTER / CORRESPONDENCE TO JUDGE | ||
October 09, 2023 |
LETTER / CORRESPONDENCE TO JUDGE Requesting Time to Respond to Plaintiffs' Amended Complaint |
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September 12, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service |
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September 06, 2023 |
COMPLAINT (AMENDED) Amended Complaint |
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September 06, 2023 |
STIPULATION - DISCONTINUANCE (POST RJI) Stipulation of Discontinuance and Withdraw Motion |
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September 06, 2023 |
SUMMONS (PRE RJI) (AMENDED) Amended Summons |
||
September 06, 2023 |
STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion #1) Discontinue/Withdraw Mot. Seq. 1 |
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August 31, 2023 | STIPULATION - TIME TO ANSWER | ||
August 28, 2023 | NOTICE OF MOTION | ||
August 28, 2023 | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION | ||
August 28, 2023 |
EXHIBIT(S) - A (Motion #2) Settlement Agreement between Zambrano and Village |
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August 28, 2023 |
EXHIBIT(S) - B (Motion #2) Settlement Agreement between Rinaldi and Village |
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August 28, 2023 | MEMORANDUM OF LAW IN SUPPORT | ||
August 24, 2023 | STIPULATION - TIME TO ANSWER | ||
August 23, 2023 | NOTICE OF MOTION | ||
August 23, 2023 |
EXHIBIT(S) - A (Motion #1) Summons and Complaint |
||
August 23, 2023 | ADDENDUM - GENERAL (840A) | ||
August 23, 2023 | RJI -RE: NOTICE OF MOTION | ||
August 23, 2023 | AFFIDAVIT OR AFFIRMATION IN SUPPORT | ||
August 23, 2023 |
EXHIBIT(S) - B (Motion #1) Rinaldi Settlement Agreement |
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August 23, 2023 |
EXHIBIT(S) - C (Motion #1) Zamrano Settlement Agreement |
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August 02, 2023 |
CONSENT TO CHANGE ATTORNEY (PRE RJI) Consent to Change Attorney |
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July 31, 2023 | STIPULATION - TIME TO ANSWER | ||
July 26, 2023 | STIPULATION - OTHER | ||
July 21, 2023 | NOTICE OF APPEARANCE (PRE RJI) | ||
July 20, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service |
||
July 19, 2023 | NOTICE OF APPEARANCE (PRE RJI) | ||
July 17, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of service |
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July 17, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service |
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July 14, 2023 | NOTICE OF APPEARANCE (PRE RJI) | ||
July 06, 2023 |
SUMMONS + COMPLAINT Summons and Complaint |