Free Legal Forms-Divorce Summons and Complaint

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

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SANDY SMITH, Index No.____________

Plaintiff, Date Summons filed: ______________

-against- Plaintiff designates NASSAU County as the place of trial.

The basis of venue is: Defendant's Residence

SAM SMITH, Defendant resides at: 100 Road, #aBB, Long

Beach, NY 11561

Defendant. SUMMONS

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ACTION FOR DIVORCE

To the above named Defendant:

YOU ARE HEREBY SUMMONED to answer the annexed complaint in this

action and to serve a copy of your answer on the Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within New York State, or within thirty (30) days after the completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

Dated: New York, New York

July 21, 2003 Yours, etc.,

LAW OFFICES OF SUSAN CHANA LASK

______________________________

By: Susan Chana Lask, Esq.

Attorney for Plaintiff

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

__________________________________ Index No. ___________

SANDY SMITH, VERIFIED COMPLAINT Plaintiff,

-against-

SAM SMITH , Index Purchase Date: __________

Defendant.

_________________________________ Assigned to: Hon. ____________

Plaintiff complaining of Defendant, by her attorney, Susan Chana Lask, Esq. respectfully alleges:

AS AND FOR A FIRST CAUSE OF ACTION

FIRST: The plaintiff, Sandy Smith, married Defendant, Sam Smith, at The Office of the City Clerk located in the County of Nassau, City of Long Beach, State of New York on the 3rd day of November, 1992.

SECOND: Plaintiff and Defendant were and still are residents of the State of New York at the time of the commencement of the above entitled action.

THIRD: Plaintiff and Defendant have been residents of the State of New York for a continuous period of one year immediately preceding the commencement of the above entitled action, residing at 100 Road, #ABB, Long Beach, New York.

FOURTH: That there are no issue of the said marriage.

FIFTH: That Defendant has treated Plaintiff in a cruel and inhuman manner such that the conduct of Defendant so endangers the physical and mental well being of Plaintiff as to render it unsafe and improper for her to cohabit with the Defendant and Defendant has repeatedly committed such cruel and inhuman acts upon the Plaintiff and in particular has, commencing since the date of the marriage and continuously up to and including the present time, subjected her to harassment, persecution, vilification, and physical abuse, in treating her with contempt, hatred, aversion, and hostility; in slandering her to others; in withholding from and denying her all normal affection and society; in removing all of her personal belongings from the home along with throwing her out of the house; and in physically assaulting Plaintiff; in denying the validity of their marriage; all to the point where she has been caused extreme physical and mental pain and suffering, and has been made so ill as to render her marital cohabitation with Defendant physically and mentally unendurable.

SIXTH: That by reason of the premises, Plaintiff has suffered great mental anguish, pain, and suffering and has been humiliated, and plaintiff has been, by reason of the premises under a great nervous, physical, and mental strain, and that by reason of the premises, it has become entirely unsafe and improper for the plaintiff to live and cohabit with the defendant and the plaintiff has been and is in fear of acts of conspiracy and violence at the hands of the defendant in the event that she should now live and cohabit with the defendant, to wit:

(a) From 1996 to 2003 Plaintiff was physically beaten and kicked out of the marital home by Defendant to the point that Nassau Women's Organization became involved for Plaintiff's safety ;

(b) In 1996 to 1997 Defendant tried to convince Plaintiff to sign divorce papers his attorney drafted all to Plaintiff's detriment, without her having an attorney. During this period when Plaintiff refused to sign documents to her detriment he became physically violent, resulting in police intervention as follows: on June 20, 1997 where Defendant beat Plaintiff with a shoe, on July 1, 1997 a restraining order was issued against Defendant, on August 19, 1997 Defendant assaulted Plaintiff, on October 16, 2002 Defendant was arrested for hitting Plaintiff with a remote control and her pocketbook and Restraining Orders were issued against Defendant on October 16, 2003 and January 7, 2003.

(c) Since 1992 to this date, Defendant forced Plaintiff to live in uninhabitable conditions. He filled the marital home with junk he collected over the years, piled to the ceiling and throughout the premises where no human being could pass or move around and creating an unbearable stench. Defendant has recently, on or about April, 2003, demanded that Plaintiff be relegated to living on her side of the bed, and not to use the rest of the house. Defendant's uninhabitable conditions have caused the Co-op Management to become involved as of January, 2003 and have threatened Plaintiff's eviction because defendant not only did not list Plaintiff on the co-op shares but listed Plaintiff as only a guest there who may only reside for one year, completely ignoring the fact that she has been his wife for over 10 years;

(d) As a result of Defendant's physical and mental abuse to Plaintiff, from 1996 to this date she has suffered pain in her back, left knee, thigh, stress related stomach problems and a skin condition requiring hospitalization at Long Beach Medical Center due to the filthy conditions Defendant makes Plaintiff live in;

(e) Plaintiff requires a certain diet of white meats, fruits and vegetables for her health problems but Defendant refuses to allow her to buy or cook the foods she requires and in or about April, 2003 Defendant nailed the door to the kitchen shut so Plaintiff could not cook;

(f) When Plaintiff requires any medical attention, Defendant refuses to give her the money to obtain treatment and convinces her she does not need medical treatment, numerous times jeopardizing Plaintiff's life. For example, she was found to be in a life threatening condition when she finally saw a doctor and he found her cholesterol was seriously high and recently, in April, 2003, Defendant failed to seek any medical help or call 911 and ignored Plaintiff when she became extremely sick with pains in her chest and her whole body collapsed in front of him in the marital home;

(g) Defendant has in the past year sold off marital property to his ex-wife to exclude Plaintiff from obtaining any benefit of her marriage to Defendant and then directs Plaintiff to purchase the property from his ex-wife, knowing Plaintiff has no money as defendant controls all money to make Plaintiff financially destitute; and

(h) Defendant uses mental torture and extortionist tactics to gain control over Plaintiff. He constantly accuses Plaintiff of sleeping with imaginary men and women and in April, 2003 he has demanded that Plaintiff give him her entire social security income of $532.00 a month so Defendant could live a better lifestyle.

SEVENTH: That Plaintiff has always conducted herself towards the Defendant as a faithful and obedient wife and Defendant has no reason nor justification to treat Plaintiff in a cruel and inhuman manner.

EIGHTH: To the best of Plaintiff's knowledge, Plaintiff has taken or Plaintiff will take prior to the entry of final judgment herein, all steps solely within Plaintiff's power to remove any barrier to the Defendant's remarriage following the judgment of divorce requested herein pursuant to the requirements of Section 253 of the Domestic Relations Law.

AS AND FOR A SECOND CAUSE OF ACTION: ASSAULT & BATTERY

NINTH: Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs " l" through "8" with the same force and effect as though fully set forth herein.

TENTH: From 1996 through the present, and as alleged herein above, Defendant has physically assaulted and mentally abused Plaintiff, causing her physical injuries as alleged herein and all occurring solely because Plaintiff was married to Defendant.

ELEVENTH: Defendant's actions towards Plaintiff were always in a threatening manner as every time he intentionally and violently came towards Plaintiff, causing Plaintiff fear and apprehension thereof.

TWELFTH: Defendant each time did strike Plaintiff without her consent nor with any just cause or provocation.

AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT: EMOTIONAL DISTRESS

THIRTEENTH: Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs " l" through "13" with the same force and effect as though fully set forth herein.

FOURTEENTH: Defendant verbally abused Plaintiff, mentally tortured her and harassed her, on a regular basis, during the entire period of the marriage and solely because Plaintiff was married to Defendant, to frighten Plaintiff into submission, resulting in causing her post traumatic stress disorder, mental anguish, physical and emotional distress and battered women's syndrome.

FIFTEENTH: Defendant intentionally, recklessly, maliciously and without cause or justification directly caused Plaintiff great fear and mental and emotional distress, which the Defendant or should have known would occur as a result of his conduct, as aforesaid.

SIXTEENTH: Defendant's conduct was extreme and outrageous.

SEVENTEENTH: That by reason of and in consequence of said assaults, physical attacks and extreme and outrageous behavior, Plaintiff sustained serious bodily injuries with accompanying pain and was rendered sick, sore, and bruised, and sustained, the injuries alleged hereinabove, and that some of said injuries may be permanent; and Plaintiff has, as a result thereof, for some time been confined to her bed and house, and has required medicines and medical attention and has been prevented, and will be prevented, from pursuing her usual and ordinary vocation, and has expended or incurred large sums, and will be required to expend and incur further sums for medical and other attention.

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Judgment granting to Plaintiff a divorce, dissolving the marriage between Plaintiff and Defendant, upon the ground of cruel and inhuman treatment by the Defendant to Plaintiff;

2. Awarding Plaintiff title and possession to all of her separate property;

3. Awarding to Plaintiff her just and equitable share of all marital property;

4. Awarding to Plaintiff a distributive award;

5. Awarding to Plaintiff the sole and exclusive occupancy of the marital premises located at 100 Road, #ABB, Long Beach, New York, together with the sole and exclusive possession of all items of personal property, including but not limited to furnishings, furniture, and household items, located therein;

6. Compelling Defendant to pay to Plaintiff just and suitable maintenance for the support of Plaintiff;

7. Compelling Defendant to provide and maintain suitable and just policies of life, health, medical and dental insurance for the benefit of Plaintiff;

8. Compelling Defendant to pay to Plaintiff or on Plaintiff's behalf reasonable and suitable counsel, accountant, appraisal, actuarial and investigative fees and expenses, incurred or to be incurred by Plaintiff in the prosecution of this action;

9. Granting Plaintiff a sum of one-million dollars for her personal injuries and emotional distress suffered as a result Defendant's physical and emotional abuse he imposed upon Plaintiff solely because she was his wife and as a result of the marriage for over a period of some 10 years, all occurring during the marriage;

10. Granting Plaintiff the legal use of her maiden name of Smithy.

11. Granting to Plaintiff such other and further relief as to the Court may seem just and proper, together with the costs and disbursements of this action.

Dated: New York, New York

July 21, 2003 LAW OFFICES OF SUSAN CHANA LASK

_________________________

By: Susan Chana Lask, Esq.

Attorney for Plaintiff

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762