UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------------X 

GINA ANNE NOEL PANE, 

 

Plaintiff, 

 ANSWER

 

 07 CV 3216 

 

 -against- 

 

THE TOWN OF GREENBURGH, JOHN KAPICA, 

in his capacity as CHIEF OF THE GREENBURGH 

NEW YORK POLICE DEPARTMENT, ERIK WARD, 

POLICE OFFICER MICHAEL MUESSER, SERGEANT 

ROBERT GRAMAGLIA, SERGEANT FRANCIS 

PUMILLO, DETECTIVE FERTIG, JOHN DOE POLICE 

OFFICERS 1 – 10, SO NAMED AS THEIR IDENTITIES 

HAVE YET TO BE ESTABLISHED. 

 Defendants. 

----------------------------------------------------------------------X 

Defendant, Erik Ward (“Defendant Ward”), by his attorney Andrew C. Quinn, of 

Quinn & Mellea, L.L.P., for his answer to plaintiff’s verified complaint, respectfully 

allege, upon information and belief, as follows: 

1. That the allegations set forth in paragraph “1” of the Complaint constitute legal 

conclusions to which no response from Defendant Officer Ward is required. To the 

extent that a response is required, Defendant Officer Ward denies any wrongdoing. 

2. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “2”, except to the extent that paragraph “2” contains 

a claim or claims of wrongdoing or alleges liability on the part of Defendant Officer 

Ward, Defendant Officer Ward denies any wrongdoing. 

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3. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “3”, except to the extent that paragraph “3” contains 

a claim or claims of wrongdoing or alleges liability on the part of Defendant Officer 

Ward, Defendant Officer Ward denies any wrongdoing. 

4. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “4”, except to the extent that paragraph “4” contains 

a claim or claims of wrongdoing or alleges liability on the part of Defendant Officer 

Ward, Defendant Officer Ward denies any wrongdoing. 

5. That the allegations set forth in paragraph “5” of the Complaint constitute legal 

conclusions to which no response from Defendant Officer Ward is required. To the 

extent that a response is required, Defendant Officer Ward denies any wrongdoing. 

6. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraphs “6” through “10” of the Complaint. 

7. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “11” of the Complaint. 

8. Admit the allegations set forth in paragraph “12”, to the extent that the events 

leading to the Complaint occurred at the times and in the places alleged in the Complaint. 

 9. Admits the allegations contained in paragraph “13” through “19” to the extent 

that said paragraphs identify the named Defendants, and denies knowledge and 

information sufficient to form a belief as to the truth of the allegations relating to the 

named Defendants set forth therein. 

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10. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “20” of the Complaint that relate to actions taken 

and statements made or written by others. 

11. Denies knowledge or information sufficient to form a belief as to the truth of 

the allegations set forth in paragraph “21” of the Complaint that relate to actions taken 

and statements made or written by others; Denies as to all allegations against Defendant 

Officer Ward. 

12. That the allegations set forth in paragraph “22” of the complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. 

13. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraphs “23” through “25” of the Complaint. 

14. Denies the allegations set forth in paragraph “26” of the Complaint, and 

demands strict proof thereof. 

15. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “27” of the Complaint, and demands strict proof 

thereof. 

16. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “28” of the Complaint, and demands strict proof 

thereof. 

17. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “29” of the Complaint, and demands strict proof 

thereof. 

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18. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “30” of the Complaint, and demands strict proof 

thereof. 

19. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “31” of the Complaint, and demands strict proof 

thereof. 

20. Denies the allegations set forth in paragraph “32” of the Complaint, except to 

the extent that Defendant Officer Ward admits that he arrived at the location of the 

Greenburgh Multiplex on January 21, 2006 and had a conversation with plaintiff. 

Defendant Officer Ward denies all other allegations contained in paragraph “32”. 

Additionally, Defendant Officer Ward denies the allegations contained in footnote 3 of 

the Complaint. 

21. Denies the allegations set forth in paragraph “33” of the Complaint except to 

the extent that Defendant Officer Ward discussed law related matters with the plaintiff. 

22. Denies the allegations contained in paragraph “34” of the Complaint. 

23. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “35” of the Complaint, and demands strict proof 

thereof. 

24. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “36” of the Complaint, and demands strict proof 

thereof. 

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25. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “37” of the Complaint, and demands strict proof 

thereof. 

26. Denies the allegations set forth in paragraph “38” of the Complaint except to 

the extent that Defendant Officer Ward discussed law related matters with the plaintiff. 

27. Denies the allegations set forth in paragraph “39” of the Complaint except to 

the extent that Defendant Officer Ward discussed law related matters with the plaintiff. 

28. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraphs “40” of the Complaint, and demands strict proof 

thereof. 

29. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “41” of the Complaint, and demands strict proof 

thereof. 

30. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “42” of the Complaint, and demands strict proof 

thereof. 

31. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “43” of the Complaint, and demands strict proof 

thereof. 

32. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “44” of the Complaint, and demands strict proof 

thereof. 

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33. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “45” of the Complaint, and demands strict proof 

thereof. 

34. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “46” of the Complaint, and demands strict proof 

thereof. 

35. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “47” of the Complaint, and demands strict proof 

thereof. 

36. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “48” of the Complaint, and demands strict proof 

thereof. 

37. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “49” of the Complaint, and demands strict proof 

thereof. 

38. Admit the allegations contained in paragraph “50” of the Complaint, to the 

extent the Defendant Officer Ward telephoned plaintiff on January 22, 2006 at 2:18 a.m. 

to discuss law related business. 

39. Admit the allegations contained in paragraph “52” of the Complaint, to the 

extent the Defendant Officer Ward telephoned plaintiff on January 22, 2006 to discuss 

law related business. 

40. Admit the allegations contained in paragraph “53” of the Complaint, to the 

extent the Defendant Officer Ward arrived at the Doral Arrowood Resort in Rye Brook, 

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New York and met with plaintiff, and denies knowledge and information sufficient to 

form a belief as to the remaining allegations contained in paragraph “53”, and demands 

strict proof thereof. 

41. Denies the allegations set forth in paragraph “54” of the Complaint, and 

demands strict proof thereof. 

42. Denies the allegations set forth in paragraph “55” of the Complaint, except to 

the extent that plaintiff entered Officer Ward’s vehicle, and engaged in a conversation 

with Defendant Officer Ward. 

43. Admits the allegations set forth in paragraph “56” of the Complaint, except to 

the extent the plaintiff alleges that defendant Officer Ward insisted upon or compelled 

plaintiff to take any action. 

44. Denies the allegations set forth in paragraph “57” of the Complaint, and 

demands strict proof thereof. 

45. Denies the allegations set forth in paragraph “58” of the Complaint, and 

demands strict proof thereof. 

46. Denies the allegations set forth in paragraph “59” of the Complaint, except to 

the extent that plaintiff directed Defendant Officer Ward to a location. 

47. Denies the allegations set forth in paragraph “60” of the Complaint, and 

demands strict proof thereof. 

48. Denies the allegations set forth in paragraph “61” of the Complaint, and 

demands strict proof thereof. 

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49. Denies the allegations set forth in paragraph “62” of the Complaint, except to 

the extent that plaintiff and Defendant Officer Ward returned to the Doral Arrowwood 

Resort in Rye Brook, New York. 

50. Denies the allegations set forth in paragraph “63” of the Complaint, and 

demands strict proof thereof. 

51. Admits the allegations set forth in paragraph “64” of the Complaint, to the 

extent the plaintiff alleges that defendant Officer Ward was acting in his capacity as a 

police officer; Defendant denies the allegations set forth in paragraph “64” of the 

Complaint to the extent that plaintiff alleges that Defendant Officer Ward compelled 

plaintiffs actions and/or engaged in any type of “fetished based” actions. 

52. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “65” of the Complaint, and demands strict proof 

thereof. 

53. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “66” of the Complaint, and demands strict proof 

thereof. 

54. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “67” of the Complaint, and demands strict proof 

thereof. 

59. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “68” of the Complaint, and demands strict proof 

thereof. 

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60. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “69” of the Complaint, and demands strict proof 

thereof. 

61. Denies the allegations set forth in paragraph “70” of the Complaint, and 

demands strict proof thereof. 

62. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “69” of the Complaint, and demands strict proof 

thereof. 

63. Denies the allegations set forth in paragraph “72” of the Complaint, and 

demands strict proof thereof. 

64. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “73” of the Complaint, and demands strict proof 

thereof. 

65. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “74” of the Complaint, and demands strict proof 

thereof. 

66. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “75” of the Complaint, and demands strict proof 

thereof. 

67. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “76” of the Complaint, and demands strict proof 

thereof. 

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68. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “77” of the Complaint, and demands strict proof 

thereof. 

69. Denies the allegations set forth in paragraph “78” of the Complaint, and 

demands strict proof thereof. 

AS AND FOR THE FIRST COUNT PURSUANT TO 42 U.S.C. 1983

 70. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

71. Denies the allegations set forth in paragraph “80” of the Complaint, and 

demands strict proof thereof. 

72. That the allegations contained in paragraph “81” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

73. That the allegations contained in paragraph “82” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

74. Denies the allegations set forth in paragraph “83” of the Complaint, and 

demands strict proof thereof. 

AS AND FOR THE SECOND COUNT PURSUANT TO 42 U.S.C. 1983

 75. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

76. Denies the allegations set forth in paragraph “85” of the Complaint, and 

demands strict proof thereof. 

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77. That the allegations contained in paragraph “86” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

78. That the allegations contained in paragraph “87” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

79. Denies the allegations set forth in paragraph “88” of the Complaint, and 

demands strict proof thereof. 

AS AND FOR THE THIRD COUNT PURSUANT TO 42 U.S.C. 1983

 80. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

81. Denies the allegations set forth in paragraphs “90” of the Complaint, and 

demands strict proof thereof. 

82. That the allegations contained in paragraph “91” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

83. That the allegations contained in paragraph “92” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

84. Denies the allegations set forth in paragraph “93” of the Complaint, and 

demands strict proof thereof. 

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AS AND FOR THE FOURTH COUNT PURSUANT TO 42 U.S.C. 1983

 85. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

86. That the allegations contained in paragraph “95” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

87. That the allegations contained in paragraph “96” of the Complaint constitute 

legal conclusions to which no response from Defendant Officer Ward is required. All 

questions of law are respectfully referred to this Honorable Court. 

88. Denies the allegations set forth in paragraph “97” of the Complaint, and 

demands strict proof thereof. 

AS AND FOR THE FIFTH COUNT – FALSE ARREST

 89. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

90. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “99” of the Complaint, and demands strict proof 

thereof. 

91. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “100” of the Complaint, and demands strict proof 

thereof. 

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92. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “101” of the Complaint, and demands strict proof 

thereof. 

93. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “102” of the Complaint, and demands strict proof 

thereof. 

94. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “103” of the Complaint, and demands strict proof 

thereof. 

95. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “104” of the Complaint, and demands strict proof 

thereof. 

AS AND FOR THE SIXTH COUNT – FALSE IMPRISONMENT

 96. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

97. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “106” of the Complaint, and demands strict proof 

thereof. 

98. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “107” of the Complaint, and demands strict proof 

thereof. 

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99. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “108” of the Complaint, and demands strict proof 

thereof. 

100. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “109” of the Complaint, and demands strict proof 

thereof. 

101. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “110” of the Complaint, and demands strict proof 

thereof. 

102. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “111” of the Complaint, and demands strict proof 

thereof. 

AS AND FOR THE SEVENTH COUNT – MALICIOUS PROSECUTION

 103. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

104. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “113” of the Complaint, and demands strict proof 

thereof. 

105. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “114” of the Complaint, and demands strict proof 

thereof. 

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106. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “115” of the Complaint, and demands strict proof 

thereof. 

107. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “116” of the Complaint, and Defendant Officer Ward 

specifically denies being involved in the arrest and/or the decision to file criminal charges 

against plaintiff, and demands strict proof thereof. 

108. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “117” of the Complaint, and demands strict proof 

thereof. 

AS AND FOR THE EIGHTH COUNT – DISCRIMINATION

 109. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

110. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “119” of the Complaint, and demands strict proof 

thereof. 

111. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “120” of the Complaint, and demands strict proof 

thereof. 

112. The allegations set forth in paragraph “121” constitute a legal conclusion to 

which no response from Defendant Officer Ward is required. All questions of law are 

respectfully referred to this Honorable Court. 

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113. The allegations set forth in paragraph “122” constitute a legal conclusion to 

which no response from Defendant Officer Ward is required. All questions of law are 

respectfully referred to this Honorable Court. 

AS AND FOR THE NINTH COUNT – DISCRIMINATION

 114. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

115. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “124” of the Complaint, and demands strict proof 

thereof. 

116. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “125” of the Complaint, and demands strict proof 

thereof. 

117. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “126” of the Complaint, and demands strict proof 

thereof. 

118. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “127” of the Complaint, and demands strict proof 

thereof. 

119. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “128” of the Complaint, and demands strict proof 

thereof. 

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120. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “129” of the Complaint, and demands strict proof 

thereof. 

121. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “130” of the Complaint, and demands strict proof 

thereof. 

122. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “131” of the Complaint, and demands strict proof 

thereof. 

123. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “132” of the Complaint, and demands strict proof 

thereof. 

124. Denies knowledge or information sufficient to form a belief as to the 

allegations set forth in paragraph “133” of the Complaint, and demands strict proof 

thereof. 

AS AND FOR THE TENTH COUNT – INTENTIONAL INFLICTION OF 

EMOTIONAL DISTRESS

 125. Defendant Officer Ward repeats, reiterates, and realleges each and every 

answer stated in the proceeding paragraphs as if fully restated herein at length. 

126. Denies the allegations set forth in paragraph “135” of the Complaint, and 

demands strict proof thereof. 

127. Denies the allegations set forth in paragraph “136” of the Complaint, and 

demands strict proof thereof. 

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128. Denies the allegations set forth in paragraph “137” of the Complaint, and 

demands strict proof thereof. 

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

129. At all times relevant hereto, defendant Officer Ward acted in good faith and 

took appropriate action in the discharge of his official duties. 

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

130. Defendant Officer Ward, to the extent he is sued in his individual capacity, 

is entitled to qualified immunity since at all times he acted in good faith in the discharge 

of his job duties and his conduct did not violate any clearly established constitutional or 

statutory rights which a reasonable person would have known. 

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

131. This answering Defendant at all relevant times acted in accordance with all 

laws, rules and regulations and pursuant to his statutory authority. 

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

132. The Court lacks subject matter jurisdiction over the case in controversy. 

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

133. For a separate and distinct affirmative defense, this answering Defendant 

alleges that the complaint on file herein fails to state a claim upon which relief can be 

granted. 

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

 

134. For a separate and distinct affirmative defense, this individual answering 

Defendant alleges that he is immune from liability for the matters stated in the complaint 

in that all of his alleged actions, if any, were made in good faith, without malice and 

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performed in his official capacities as an employee of the Town of Greenburgh Police 

Department. 

AND FOR A SEVENTH AFFIRMATIVE DEFENSE 

135. For a separate and distinct affirmative defense, this answering Defendant 

alleges that plaintiffs’ rights, privileges and immunities secured under the Constitution, or 

laws of the United States, if they exist at all, have not been violated by an alleged action 

of the defendant. 

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

 136. This action is barred, in whole or in part, by the applicable statute of 

limitations. 

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

 137. The Complaint is barred, in whole or in part, as a result of Plaintiff’s failure 

to comply with all the conditions precedent for commencing this action. 

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

 138. Defendant Officer Ward has not violated any rights, privileges or 

immunities of the Plaintiff under the Constitution or laws of the United States, the State 

of New York, or any political subdivisions thereof. 

AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

 139. Any injuries suffered by Plaintiff are a result of her own culpable and/or 

negligent conduct. 

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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

 140. All actions taken by Defendant with respect to Plaintiff were taken in good 

faith for non-discriminatory legitimate business reasons and based on reasonable factors 

other than Plaintiff’s gender. 

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

 141. The Complaint fails to state a cause of action as against Defendant Officer 

Ward in his individual capacity, and must be dismissed. 

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

 142. The Complaint fails to state a cause of action as against Defendant Officer 

Ward in his official capacity, and must be dismissed. 

AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

 143. The Complaint fails to state a cause of action as against Defendant Officer 

Ward in his individual and/or official capacity, and must be dismissed. 

AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE

 144. The Complaint fails to state a Federal or State cause of action as against 

Defendant Officer Ward in his individual and/or official capacity, and must be dismissed. 

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WHEREFORE, Defendant Officer Ward, demands judgment: 

I. Dismissing the complaint in its entirety; 

II. Granting Defendant Officer Ward the costs, disbursements, expenses and 

reasonable attorney’s fees and such other relief as this Court may deem 

just and proper. 

Dated: White Plains, New York 

June 25, 2007 

Respectfully submitted, 

 ____________________________________ 

ANDREW C. QUINN, ESQ. (AQ-4059) 

BRUNO V. GIOFFRE, JR., ESQ. (BG-7598) 

Attorneys for Defendant Officer Ward 

Crosswest Office Center 

399 Knollwood Road 

Suite 220 

White Plains, New York 10603 

(914) 997-0555 

To: Ravi Batra, Esq. 

 The Law Firm of Ravi Batra 

 142 Lexington Avenue 

 The Batra Building 

 New York, New York 10016 

 Brian Murphy, Esq. 

 Stecich Murphy & Lamers 

 828 S. Broadway 

 Tarrytown, New York 10591 

 Timothy Lewis, Esq. 

 Town Attorney 

 Town of Greenburgh 

 177 Hillside Avenue 

 Greenburgh, New York 10607 

 

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CERTIFICATE OF SERVICE

 I hereby certify that on June 27, 2007 the foregoing document was filed with the 

Clerk of the Court and served in accordance with the Federal Rules of Civil Procedure, 

and/or the Southern District’s Local Rules, and/or the Southern District’s Rules on 

Electronic Service upon the following parties and participants: 

 Ravi Batra, Esq. 

 The Law Firm of Ravi Batra 

 142 Lexington Avenue 

 The Batra Building 

 New York, New York 10016 

 Brian Murphy, Esq. 

 Stecich Murphy & Lamers 

 828 S. Broadway 

 Tarrytown, New York 10591 

 Timothy Lewis, Esq. 

 Town Attorney 

 Town of Greenburgh 

 177 Hillside Avenue 

 Greenburgh, New York 10607 

Dated: White Plains, New York 

June 27, 2007 

 ___/S/_______________________ 

Andrew C. Quinn (AQ-4059) 

 

 

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