FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`OF THE STATE
`
`COURT
`SUPREME
`COUNTY
`OF KINGS
`________________-__________
`EVA
`
`VIOLANTE,
`
`OF NEW YORK
`
`_______________----
`
`--------------x
`
`Index
`
`Date
`
`No.
`purchased:
`
`Plaintiff(s),
`
`Plaintiff(s)
`KINGS
`
`County
`
`designate(s)
`
`as the
`
`place
`
`of
`
`trial.
`
`-against-
`
`ANGIE WONG a/k/a
`
`ANGIE WONG SIE YING,
`
`----
`
`----------------
`
`Defendant(s).
`
`To
`
`the
`
`above-named
`
`Defendant(s):
`
`basis
`
`of
`
`the
`
`venue
`
`is
`
`The
`CPLR
`
`§503(a)
`fpummong
`
`Plaintiff(s)
`80 Joralemon
`
`reside(s)
`Street
`
`at
`
`x
`
`Brooklyn,
`
`County
`
`NY
`of Kings
`
`Spummench
`to answer
`Gre
`%ereby
`with
`this
`is not
`served
`the complaint
`summons,
`after
`service
`of
`this
`the
`within
`20 days
`summons,
`Attorney(s)
`if
`summons
`is not
`is complete
`this
`the
`service
`days
`after
`to appear
`or answer,
`failure
`of your
`in case
`and
`complaint.
`demanded
`in the
`
`190u
`
`or,
`
`if
`
`answer,
`
`York);
`relief
`
`in this
`the complaint
`a notice
`to serve
`exclusive
`of
`delivered
`be taken
`
`action
`and
`your
`of
`a copy
`to serve
`on the Plaintiff's
`of appearance,
`the
`of
`service
`(or within
`30
`day
`of New
`to you within
`the State
`against
`you
`by default
`for
`the
`
`will
`
`personally
`judgment
`
`Dated:
`
`Scarsdale,
`September
`
`New York
`17, 2020
`
`D
`
`G. H
`for Plaintiff
`
`Attorney
`670 White
`Plains
`Road,
`New York,
`New York
`723-5500
`(914)
`
`N, ESQ.
`
`121
`
`Suite
`10583
`
`Defendant's
`
`Address:
`
`Angie Wong
`255 Hudson
`New York,
`
`a/k/a
`
`Angie Wong
`9A
`Apt
`Street,
`New York
`10013
`
`Sie Ying
`
`1 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------x
`EVA VIOLANTE,
`
`Plaintiff,
`
`-against-
`
`VERIFIED COMPLAINT
`
`Index No.:
`
`ANGIE WONG a/k/a ANGIE WONG SIE YING,
`
`Defendant.
`--------------------------------------------------------------------x
`
`Plaintiff, by her attorney, Daniel G. Heyman, Esq., complaining of the defendant
`
`herein, respectfully sets forth and alleges, upon information and belief, as follows:
`
`ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
`
`1.
`
`At all times hereinafter mentioned, plaintiff, Eva Violante (“Plaintiff”),
`
`was and still is a resident of the County of Kings, State of New York.
`
`2.
`
`Upon information and belief, at all times hereinafter mentioned, defendant
`
`Angie Wong a/k/a Angie Wong Sie Ying (hereinafter “Wong”) was and still is a resident of the
`
`County, City and State of New York.
`
`3.
`
`Upon information and belief, at all times hereinafter mentioned and at
`
`present, defendant Wong owns, uses and/or possesses real property situated within the State of
`
`New York.
`
`2 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`4.
`
`On or about July 25, 2020, at a pet store operated by Citipups NYC Corp.
`
`(“Citipups”), Plaintiff and Citipups entered into a written agreement for the purchase and sale of
`
`a male “Morkie” puppy and Plaintiff made a down payment to Citipups.
`
`5.
`
`Upon information and belief, a “Morkie” is a cross-breed (hybrid) of two
`
`pedigreed dogs: an American Kennel Club (“AKC”) “Yorkshire Terrier” and an AKC “Maltese”.
`
`6.
`
`On or about July 25, 2020, Wong was also present at the Citipups pet store
`
`with her daughter.
`
`7.
`
` On or about July 25, 2020, a Citipups employee told Plaintiff that Wong
`
`was purchasing a female Morkie puppy from the same litter as Plaintiff’s dog.
`
`8.
`
` On or about July 25, 2020, the Citipups employee suggested that Plaintiff
`
`and Wong exchange phone numbers to arrange for the two dogs to play together to become
`
`accustomed to socializing with other dogs.
`
`9.
`
`On or about July 25, 2020, Plaintiff met Wong at the Citipups pet store
`
`and they exchanged telephone numbers.
`
`10.
`
`On or about July 25, 2020, at the Citipups pet store, Wong asked Plaintiff
`
`if she could photograph Wong’s daughter with Plaintiff’s dog and Plaintiff consented.
`
`2
`
`3 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`11.
`
`On or about July 27, 2020, Plaintiff returned to the Citipups store to
`
`complete the payment and purchase of the dog and take him home with her.
`
`12.
`
`At the Citipups store on or about July 27, 2020, Plaintiff completed the
`
`purchase of her dog and Citipups transferred ownership of the dog to Plaintiff.
`
`13.
`
`On or about July 27, 2020, Wong contacted Plaintiff via text seeking to
`
`arrange a play date for the dogs.
`
`14.
`
`Over the following week, Wong, Plaintiff and another woman who had
`
`purchased a female Morkie from the same litter, whom Wong had contacted, arranged to meet at
`
`Wong’s apartment with their dogs on Friday evening, August 7, 2020.
`
`15.
`
`On or about Friday, August 7, 2020, Plaintiff brought her dog, whom she
`
`had named “Louie” (hereinafter “Louie”), to Wong’s apartment for the play date.
`
`16.
`
`Also present at the play date at Wong’s apartment on or about August 7,
`
`2020, was the other female Morkie and her owner.
`
`17.
`
`During the visit to Wong’s apartment, Plaintiff mentioned that she would
`
`be very busy with work the following week.
`
`3
`
`4 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`18.
`
`During the visit to Wong’s apartment, Wong stated that she would be very
`
`happy to look after Louie, to “dog-sit” any time that Plaintiff would need such assistance.
`
`19.
`
`Over the weekend of August 8 and 9, 2020, Plaintiff and Wong
`
`communicated and they arranged for Louie to stay with Wong during August 11 and 12, 2020,
`
`while Plaintiff had a work project.
`
`20. Wong stated that she might want Plaintiff to look after Wong’s dog, whom
`
`she had named “Daisy”, on occasion, in the future.
`
`21.
`
`Pursuant to their prior discussion, on the evening of Monday, August 10,
`
`2020, Plaintiff brought Louie to Wong’s apartment to stay there with Daisy for the following two
`
`(2) days.
`
`22.
`
`On Wednesday, August 12, 2020, Plaintiff went to Wong’s apartment to
`
`visit with Louie and to apply a flea & tick treatment on him.
`
`23.
`
`The following day, Thursday, August 13, 2020, Plaintiff advised Wong,
`
`via text messaging, (“text”) that she would come by to pick Louie up that morning.
`
`24.
`
`In response, by text, Wong asked Plaintiff if “it would be ok for us to keep
`
`Louie”, stating that “[Wong’s] kids had really taken to him” and that “the two pups are kind of
`
`4
`
`5 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`inseparable now.” Wong also texted that she “had just bought airline tickets for the two [dogs]”
`
`and that she was “happy to cover [Plaintiff’s] costs from Citipups.”
`
`25.
`
`Upon receiving Wong’s text, Plaintiff realized that Wong was intent on
`
`stealing Louie away from her, and that Wong, having, taken possession of the dog under the ruse
`
`of “dog-sitting”, had effectively accomplished that goal.
`
`26.
`
`After texting to Plaintiff that she wanted to keep Louie and that she had
`
`purchased airline tickets for the two dogs, Wong ceased all communication with Plaintiff, who
`
`had demanded Louie’s return.
`
`27.
`
`Plaintiff continued attempting to contact Wong and Wong’s husband, but
`
`was unable to elicit any response from either of them.
`
`28.
`
`On Monday, August 17, 2020, Plaintiff reported the theft of her dog to the
`
`1st Precinct of the New York City Police Department.
`
`29.
`
`Upon information and belief, Wong transported Plaintiff’s dog Louie to
`
`the State of Florida on or about August 14, 2020.
`
`30.
`
`Defendant Wong has refused to communicate with Plaintiff and has
`
`continued in wrongful possession of Plaintiff’s dog, Louie, refusing to return him to Plaintiff.
`
`5
`
`6 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`AS AND FOR A FIRST CAUSE OF ACTION
`(Recovery of Chattel)
`
`31.
`
`Plaintiff repeats, reiterates and realleges each and every allegation
`
`contained in the paragraphs of the complaint numbered “1” through “30”, inclusive, with the
`
`same force and effect as if same were fully set forth herein at length herein.
`
`32.
`
`Louie is chattel within the meaning of CPLR §7101 et seq.
`
`33.
`
`Louie is unique chattel within the meaning of CPLR §7109. He is a
`
`“Teacup Morkie”, which is an unusual and rare, small cross-breed (hybrid) and he has distinctive
`
`and unusual coloring. Plaintiff is emotionally attached to her dog Louie, with whom she shares a
`
`close emotional bond.
`
`34.
`
`Plaintiff is Louie’s sole legal and rightful owner.
`
`35.
`
`Plaintiff has the sole possessory right to Louie, to the exclusion of all other
`
`persons.
`
`36.
`
`Defendant Wong has no possessory right to Louie.
`
`37.
`
`Plaintiff has demanded that defendant Wong return Louie to Plaintiff, but
`
`Wong has refused to return him.
`
`6
`
`7 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`38.
`
`Defendant is on notice that Plaintiff is Louie’s legal and rightful owner
`
`and that Plaintiff is entitled to immediate possession of her dog, Louie, but Defendant has
`
`refused to return Louie to Plaintiff.
`
`39.
`
`Defendant Wong’s continued retention of Plaintiff’s dog, Louie, is
`
`wrongful and unlawful.
`
`40.
`
`Because Louie is unique and beloved, a money judgment, representing
`
`merely his market value or enabling “replacement” is not an adequate remedy.
`
`41.
`
`By reason of the foregoing, Plaintiff seeks judgment for the return of her
`
`unique chattel, Plaintiff’s dog Louie, and Plaintiff demands that the Court direct defendant
`
`Wong to deliver Louie, in good health and unharmed, to Plaintiff forthwith and under penalty of
`
`contempt of court if disobeyed, pursuant to CPLR §7109(b); and in the event Louie is not
`
`returned to Plaintiff, damages in an amount to be determined by the trial court, in excess of the
`
`jurisdictional monetary limits of all lower courts in which this action might otherwise have been
`
`brought, plus interest, together with all other remedies and damages available pursuant to CPLR
`
`Article 71 and otherwise at law, including punitive damages where applicable.
`
`7
`
`8 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`AS AND FOR A SECOND CAUSE OF ACTION
`(Conversion)
`
`42.
`
`Plaintiff repeats, reiterates and realleges each and every allegation
`
`contained in the paragraphs of the complaint numbered “1” through “41”, inclusive, with the
`
`same force and effect as if same were fully set forth herein at length herein.
`
`43.
`
`Plaintiff is Louie’s sole legal, equitable and rightful owner.
`
`44.
`
`Plaintiff has demanded that defendant Wong return her dog, Louie, to
`
`Plaintiff, but defendant Wong has refused to return Louie.
`
`45.
`
`Defendant has intended to and continues to intentionally withhold Louie
`
`from his rightful owner and to exercise unauthorized dominion and control over Louie.
`
`46.
`
`Defendant Wong has no possessory right to Plaintiff’s dog, Louie.
`
`47.
`
`By reason of the foregoing, defendant Wong has knowingly, wrongfully
`
`and maliciously converted Plaintiff’s property to defendant’s own benefit and uses in willful
`
`disregard of Plaintiff’s superior possessory right to Plaintiff’s dog, Louie.
`
`48.
`
`Defendant acted with malice in converting Plaintiff’s dog, Louie, falsely
`
`and fraudulently pretending to befriend Plaintiff in order to orchestrate an opportunity to separate
`
`Plaintiff from her dog so as to effectuate the conversion.
`
`8
`
`9 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`49.
`
`Defendant Wong’s conversion of Plaintiff’s dog, Louie, has caused
`
`Plaintiff severe emotional pain and suffering.
`
`50.
`
`Plaintiff is heartbroken and despondent as a direct result of defendant
`
`Wong’s intentional acts of cruelty.
`
`51.
`
`By reason of defendant Wong’s malicious conversion of Plaintiff’s dog,
`
`Louie, Plaintiff seeks judgment for the return of Louie, forthwith and Plaintiff further demands
`
`money damages in an amount to be determined by the trial court, in excess of the jurisdictional
`
`monetary limits of all lower courts in which this action might otherwise have been brought along
`
`with punitive damages in such amount as the trial court shall award her, but no less than Five
`
`Hundred Thousand ($500,000.00) Dollars.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`(Intentional Infliction of Emotional Distress)
`
`52.
`
`Plaintiff repeats, reiterates and realleges each and every allegation
`
`contained in the paragraphs of the complaint numbered “1” through “51”, inclusive, with the
`
`same force and effect as if same were fully set forth herein at length herein.
`
`53.
`
`Defendant Wong falsely, fraudulently and maliciously pretended to
`
`befriend Plaintiff in a premeditated ruse in order to create an opportunity to take possession of
`
`Plaintiff’s dog and thereafter withhold him from Plaintiff.
`
`9
`
`10 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`54.
`
`Upon Plaintiff’s attempting to arrange to pick up her dog Louie from
`
`defendant’s apartment on August 13, 2020, defendant Wong stated that she wanted to keep Louie
`
`and further indicated that she had made airline reservations for herself, her own dog Daisy and
`
`Plaintiff’s dog Louie, ostensibly and upon information and belief, to transport Louie outside of
`
`the State of New York.
`
`55.
`
`After notifying Plaintiff of her desire and plans to take Plaintiff’s beloved
`
`dog away from Plaintiff, outside of New York, by airplane, and to keep him, permanently,
`
`defendant Wong refused to respond to Plaintiff and Wong terminated all communication with
`
`Plaintiff, who pleaded with Wong for Louie’s safe return to her.
`
`56.
`
`Defendant Wong acted intentionally and maliciously and in total disregard
`
`of the substantial probability if not the certainty that her conduct would cause Plaintiff to suffer
`
`extreme emotional distress and mental anguish.
`
`57.
`
`Defendant’s cruel conduct was and continues to be so outrageous in
`
`character and so extreme in degree as to be beyond all possible bounds of decency and it is
`
`conduct that was and is otherwise intolerable in a civilized community.
`
`58.
`
`By reason of the foregoing outrageous and cruel conduct by defendant
`
`Wong, Plaintiff has been caused to suffer extreme sadness, despondency, heartbreak, emotional
`
`distress and mental anguish.
`
`10
`
`11 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`59.
`
`By reason of the foregoing, Plaintiff has suffered extreme emotional
`
`distress and mental anguish and demands judgment against the defendant Wong in an amount in
`
`excess of the jurisdictional monetary limits of all lower courts in which this action might
`
`otherwise have been brought and Plaintiff further demands punitive damages in such amount as
`
`the trial court shall award her, but no less than Five Hundred Thousand ($500,000.00) Dollars.
`
`WHEREFORE, plaintiff Eva Violante respectfully demands judgment in her
`
`favor and against the defendant Angie Wong a/k/a Angie Wong Sie Ying as follows: On the First
`
`Cause of Action (Return of Chattel), judgment for the return of Plaintiff’s unique chattel, her dog
`
`Louie, and Plaintiff demands that the Court direct defendant Wong to deliver Louie, in good
`
`health and unharmed, to Plaintiff forthwith and under penalty of contempt of court if disobeyed,
`
`pursuant to CPLR §7109(b); and in the event Louie is not returned to Plaintiff, damages in an
`
`amount to be determined by the trial court, in excess of the jurisdictional monetary limits of all
`
`lower courts in which this action might otherwise have been brought, plus interest, together with
`
`all other remedies and damages available pursuant to CPLR Article 71 and otherwise at law,
`
`including punitive damages where applicable; On the Second Cause of Action (Conversion),
`
`judgment for the return of Plaintiff’s dog, Louie, forthwith and Plaintiff further demands money
`
`damages in an amount to be determined by the trial court in excess of the jurisdictional monetary
`
`limits of all lower courts in which this action might otherwise have been brought, along with
`
`punitive damages in such amount as the trial court shall award her, but no less than Five Hundred
`
`Thousand ($500,000.00) Dollars; and On the Third Cause of Action (Intentional Infliction of
`
`Emotional Distress), judgment in an amount in excess of the jurisdictional monetary limit of all
`
`11
`
`12 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`.
`
`lower
`
`courts
`
`in which
`
`this
`
`action
`
`might
`
`otherwise
`
`have
`
`been
`
`brought
`
`and Plaintiff
`
`further
`
`denimids
`
`punitive
`
`daniages
`
`in such
`
`amount
`
`as the
`
`trial
`
`court
`
`shall
`
`award
`
`her,
`
`but
`
`no less
`
`than
`
`Five
`
`Hundred
`
`Thousand
`
`($500,000.00)
`
`Dollars,
`
`by
`
`reason
`
`of defendant
`
`Angie
`
`Wong's
`
`extreme
`
`outrageous,
`
`malicious
`
`and
`
`cruel
`
`conduct;
`
`all
`
`together
`
`with
`
`interest
`
`and
`
`the
`
`costs
`
`and
`
`disbursements
`
`of
`
`this
`
`action
`
`as well
`
`as such
`
`other
`
`and
`
`further
`
`relief
`
`as this Court
`
`deems
`
`just
`
`and
`
`proper.
`
`Dated:
`
`Scarsdale,
`September
`
`New York
`17 2020
`
`, ESQ.
`
`121
`
`Suite
`10583
`
`Yours
`
`etc.,
`
`DANIEL
`
`for
`
`Attorney
`670 White
`
`Plaintiff
`Plains
`Road,
`New York
`Scarsdale,
`723-5500
`
`(212)
`
`.
`
`12
`
`13 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`ATTORNEY'S
`
`VERIFICATIO__N
`
`The
`
`undersigned,
`
`an attorney
`
`duly
`
`admitted
`
`to practice
`
`in the Courts
`
`of
`
`the State
`
`of
`
`New York,
`
`hereby
`
`affirms:
`
`That
`
`affirmatit
`
`is the attorney
`
`for
`
`the plaintiff
`
`in the within
`
`action;
`
`that
`
`affirmant
`
`has
`
`read
`
`the foregoing
`
`COMPLAINT
`
`and knows
`
`the contents
`
`thereof;
`
`that
`
`the same
`
`is true
`
`to affirmant's
`
`own
`
`knowledge,
`
`except
`
`as to the matters
`
`therein
`
`stated
`
`to be alleged
`
`on information
`
`and
`
`belief,
`
`and
`
`that
`
`affirmant
`
`believes
`
`same
`
`to be true.
`
`Affirmant
`
`further
`
`states
`
`that
`
`the
`
`reason
`
`as to those matters,
`
`this
`
`verification
`
`is made
`
`by affirmant
`
`and
`
`not
`
`by
`
`said
`
`plaintiff
`
`is that
`
`said
`
`plaintiff
`
`does
`
`not
`
`reside
`
`in a county
`
`wherein
`
`affirmant
`
`maintains
`
`his
`
`law office.
`
`The
`
`grounds
`
`of
`
`affirmant's
`
`belief
`
`as
`
`to
`
`all matters
`
`not
`
`stated
`
`upon
`
`affirmant's
`
`knowledge
`
`are as follows:
`
`Investigation
`
`and
`
`privileged
`
`conversation
`
`with
`
`client(s).
`
`The
`
`undersigned
`
`affinns
`
`that
`
`the foregoing
`
`statements
`
`are true
`
`under
`
`the penalties
`
`of
`
`perjury.
`
`Dated:
`
`Scarsdale,
`September
`
`New York
`17, 2020
`
`DANIEL
`
`. H
`
`MAN
`
`14 of 15
`
`

`

`FILED: KINGS COUNTY CLERK 09/17/2020 10:07 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 517535/2020
`
`RECEIVED NYSCEF: 09/17/2020
`
`Index No.:
`
`Year:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`
`EVA VIOLANTE,
`
`-against-
`
`Plaintiff,
`
`ANGIE WONG a/k/a ANGIE WONG SIE YING,
`
`Defendant.
`
`
`
`
`SUMMONS AND VERIFIED COMPLAINT
`
`
`
`DANIEL G. HEYMAN, ESQ.
`Attorney for Plaintiff
`670 White Plains Road - Suite 121
`Scarsdale, New York 10583
`(914) 723-5500
`
`15 of 15
`
`