FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 07/31/2023
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`INDEX NO. 2023-83
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SCHENECTADY
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`Plaintiff,
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`NATASHA HANCE,
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`– against –
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`Index No.: 2023-83
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`CERTIFICATION OF
`PAUL S. GROSSWALD
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`PEPSICO, INC., et al.,
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`Defendant.
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`I, PAUL S. GROSSWALD, of full age, hereby affirm the following to be true under the
`penalties of perjury pursuant to CPLR § 2106:
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`1.
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`I am an attorney at law of the State of New York and counsel to Plaintiff Natasha Hance
`("Plaintiff") in this matter. As such, I am fully familiar with the facts contained herein. I
`submit this Certification in support of the accompanying proposed Order to Show Cause
`with a request for a Temporary Restraining Order.
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`Employment Law Group, LLC is a plaintiff-side law firm that specializes in employment
`cases (the "Firm").
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`The Firm generally takes plaintiffs' cases on contingency and earns money by collecting a
`percentage of any monies recovered by the plaintiff as a result of the Firm's legal work on
`the case.
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`I am the Firm's New York Case Manager. It is my responsibility to oversee all of the
`Firm's employment cases in New York.
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`On August 10, 2022, Plaintiff Natasha Hance ("Ms. Hance") signed the Firm's
`engagement agreement to have the Firm represent her in an employment case against
`Defendant PepsiCo, Inc. and related Defendants.
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`Attached hereto is a true and accurate copy of that engagement agreement.
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`In my role as the Firm's New York Case Manager, I assigned Ms. Hance's case to one of
`the Firm's New York attorneys, Jessica Sparacino.
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`Ms. Sparacino successfully negotiated a settlement with Alexander Wood, counsel for
`Defendant PepsiCo, Inc.
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`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 07/31/2023
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`INDEX NO. 2023-83
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`Due to a confidentiality provision in the settlement agreement, I cannot publicly disclose
`the terms or the amount of the settlement. If requested, I can make a copy of the
`settlement agreement available to the Court for in camera review.
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`10. Ms. Hance executed the settlement agreement on May 15, 2023.
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`On June 20 2023, Ms. Sparacino resigned from the Firm to pursue another opportunity.
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`At the time that Ms. Sparacino resigned, the settlement check for Ms. Hance had not yet
`arrived.
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`In the first week of July, I contacted Ms. Hance and Mr. Wood to let them know that Ms.
`Sparacino had left the Firm and that I would be taking over Ms. Hance's matter.
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`On Thursday, July 27, 2023, I called Ms. Hance to tell her that the settlement check had
`arrived.
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`I told her that the check was made out to "Natasha Hance".
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`In order to ensure that the Firm got paid, I told Ms. Hance that the check needed to be
`deposited into the Firm's IOLA account.
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`I explained that it would probably take up to ten days for the check to clear, after which,
`the Firm would write her a check for her share of the money.
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`I told her that the Firm's IOLA account is held in TD Bank.
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`However, because the check was made payable to her, and not to the Firm, I could not
`deposit it in the Firm's IOLA account unless she endorsed the check over to the Firm.
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`I asked her to pick a TD Bank location near where she lives where we could meet.
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`21. Ms. Hance selected the TD Bank located at 2301 Nott Street East, Niskayuna, New York
`12309.
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`I told Ms. Hance to meet me at that bank on Friday, July 28, 2023, at 11:00 am. I
`explained that I would have her endorse the check at the bank, and she would watch me
`deposit the check into the Firm's IOLA account. I explained that the bank would provide
`both her and me with a receipt documenting the deposit.
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`23. Ms. Hance agreed to these terms.
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`The next day, I met Ms. Hance at the TD Bank in Niskayuna at 11:00 am, as agreed.
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`25. While standing in front of the teller, I presented the settlement check to Ms. Hance.
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`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 07/31/2023
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`INDEX NO. 2023-83
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`26. Ms. Hance suddenly, and without warning, grabbed the check and stepped away from the
`teller, shouting "This is my money! You can't make me put it in your account! Don't try
`anything! The police have already been called!"
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`27. Ms. Hance continued to rant about how the money belongs to her, because the check was
`in her name, and that she has so much debt, and so many bills to pay, and how she would
`not allow me to take her money, and the police are on their way.
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`A few minutes later, a police officer arrived.
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`After taking statements from both Ms. Hance and myself, the officer concluded that this
`was a civil dispute, not a criminal matter, and therefore police intervention was
`unwarranted.
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`The officer escorted Ms. Hance to her car, and she drove away with the check.
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`Based on Ms. Hance's conduct and statements, I believe there is a reasonable probability
`that Ms. Hance intends on using the full amount of the settlement check – including the
`Firm's portion – to pay her outstanding debts.
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`New York Judiciary Law § 475 states:
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`Attorney's lien in action, special or other proceeding.
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`From the commencement of an action, special or other proceeding in any
`court or before any state, municipal or federal department, except a
`department of
`labor, or
`the service of an answer containing a
`counterclaim, or the initiation of any means of alternative dispute
`resolution including, but not limited to, mediation or arbitration, or
`the provision of services in a settlement negotiation at any stage of
`the dispute, the attorney who appears for a party has a lien upon his or
`her client's cause of action, claim or counterclaim, which attaches to a
`verdict, report, determination, decision, award, settlement, judgment or
`final order in his or her client's favor, and the proceeds thereof in
`whatever hands they may come; and the lien cannot be affected by any
`settlement between the parties before or after judgment, final order or
`determination. The court upon the petition of the client or attorney may
`determine and enforce the lien.
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`Pursuant to § 475, the Firm has a charging lien on the settlement proceeds of this case.
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`Therefore, the Firm is respectfully petitioning this Court to determine and enforce the lien,
`pursuant to § 475.
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` Specifically, the Firm is requesting the following relief:
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`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 07/31/2023
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`INDEX NO. 2023-83
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`1.
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`Defendant Pepsico, Inc. shall, within thirty (30) days, remit payment of Plaintiff's
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`settlement money in this case in a check for the full settlement amount made
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`payable to "Employment Law Group, LLC Attorney Trust Account";
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`Such remittance is to be delivered to Paul S. Grosswald, Employment Law Group,
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`LLC, 350 Main Street, West Orange, NJ 07052;
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`Employment Law Group, LLC shall deposit said funds into its New York IOLA
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`account; and
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`Once such funds have cleared the bank, Employment Law Group, LLC shall
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`promptly remit to Plaintiff her share of the funds, pursuant to the terms of the
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`engagement agreement between Plaintiff and Employment Law Group, LLC,
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`executed by Plaintiff on August 10, 2022.
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`36.
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`The Firm is further requesting a temporary restraining order to prevent Plaintiff from
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`cashing the settlement check and absconding with the Firm's money.
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`37.
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`Specifically, the Firm is requesting that Defendant PepsiCo, Inc. be ordered to stop
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`payment on the check that Ms. Hance took into her possession.
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`38. Ms. Hance could have already deposited the check into her personal account on Friday,
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`July 28, 2023. That necessarily means that this Court has only a few days before the
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`check clears to order that the payment be stopped in order to prevent Ms. Hance from
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`absconding with the funds.
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`39.
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`If the Court fails to issue such an Order in a timely manner, the Firm will lose access to
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`the funds, and its charging lien will become worthless and unenforceable.
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`40.
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`Therefore, time is of the essence.
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`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 07/31/2023
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`INDEX NO. 2023-83
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`41.
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`Employment Law Group, LLC agrees to pay any bank fees incurred by Defendant
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`PepsiCo, Inc. as a result of the stopped payment.
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`Dated: July 30, 2023
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`By:
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`EMPLOYMENT LAW GROUP, LLC
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`PAUL S. GROSSWALD
`350 Main Street
`West Orange, NJ 07052
`-and-
`774 Manor Road, Ste. 204
`Staten Island, NY 10314
`Phone: (917) 753-7007
`Email: pgrosswald@hotmail.com
`Attorneys for Plaintiff Natasha Hance
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