FILED: WESTCHESTER COUNTY CLERK 08/24/2020 01:20 PM
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 08/24/2020
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`INDEX NO. 59130/2020
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`ELIZABETH LATHOURAKIS,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
` – against –
`
`
`RAYMOURS FURNITURE COMPANY, INC. d/b/a
`RAYMOUR & FLANIGAN FURNITURE,
`
`
`Defendant.
`
`
`
`
`Index No.
`
`
`VERIFIED COMPLAINT
`
`
`
`
`
`
`Plaintiff Elizabeth Lathourakis (“Mrs. Lathourakis” or “Plaintiff”) by her attorneys, The
`
`Law Offices of Jordan D. Becker, state the following for their Verified Complaint against
`
`Respondent Raymours Furniture Company, Inc. d/b/a Raymour & Flannigan Furniture (“R&F”
`
`or “Respondent”):
`
`INTRODUCTION
`
`1.
`
`This action arises out of R&F’s intentional or grossly negligent failure to provide
`
`Mrs. Lathourakis with a safe work environment at R&F’s White Plains store, located at 1 Maple
`
`Avenue, White Plains, New York, during the COVID-19 pandemic. Throughout the period that
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`COVID-19 swept through R&F’s White Plains store, R&F prioritized its financial health over
`
`that of its employees and customers, despite publicly making false and misleading statements to
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`the contrary. As a result of R&F’s misconduct, Mrs. Lathourakis contracted COVID-19 and
`
`transmitted it to her mother and husband, ultimately resulting in her husband’s death.
`
`PARTIES
`
`2.
`
`Mrs. Lathourakis is a resident of Mamaroneck, New York and has been employed
`
`as a sales associate at R&F’s White Plains store since April 2011.
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`FILED: WESTCHESTER COUNTY CLERK 08/24/2020 01:20 PM
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`3.
`
`R&F is a New York corporation with its headquarters in Liverpool, New York.
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`According to R&F’s website, it has 140 locations throughout the Northeast. Upon information
`
`and belief, R&F has annual revenues of approximately $2 billion.
`
`4.
`
`According to R&F’s website, “As the Northeast's largest furniture retailer, we
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`believe our people are our greatest asset. Here, you'll find a supportive network and team
`
`mentality.”
`
`
`
`JURISDICTION AND VENUE
`
`5.
`
`6.
`
`Jurisdiction of this matter is vested in this court pursuant to CPLR Section 301.
`
`Venue of this matter is properly in Westchester County pursuant to CPLR Section
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`503(a), as Plaintiff is a resident of Westchester County.
`
`7.
`
`Plaintiff initially sought arbitration of this dispute pursuant to the terms of the
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`Associates Agreement & Consent entered into by Mrs. Lathourakis on March 19, 2014, which
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`requires that she “arbitrate all Claims against R&F regarding my employment under the terms of
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`and within the deadline set forth in the Program.”
`
`8.
`
`Pursuant to the Raymour & Flanigan Employment Arbitration Program Terms
`
`(the “Program”), JAMS is one of the permissible arbitration administrators.
`
`9.
`
`R&F, however, refused to submit to arbitration, thereby waiving its right to
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`arbitrate this dispute.
`
`FACTS
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`10.
`
`On information and belief, the coronavirus pandemic began in China as early as
`
`late 2019.
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`2
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`11.
`
`In January, 2020, the first cases of COVID-19 were reported in the United States,
`
`in Washington State. Additional cases in the United States were reported throughout the month
`
`of January, and the White House Coronavirus Task Force was created in late January.
`
`12.
`
`The first death from COVID-19 in the United States occurred in early February,
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`2020, and the number of reported cases in the United States continued to increase, including the
`
`highly publicized cluster of cases discovered on the cruise ship Diamond Princess. By late
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`February, the Director of the Centers for Disease Control and Prevention (“CDC”) National
`
`Center for Immunization and Respiratory Diseases gave a briefing, stating that due to the
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`coronavirus, "disruption to everyday life might be severe." She further noted:
`
`Based on what is known now, we would implement these NPI [non-
`pharmaceutical interventions] measures in a very aggressive, proactive way as he
`have been doing with our containment efforts. There are three categories of
`NPIs. Personal NPIs which include personal protective measures you can take
`every day and personal protective measures reserved for pandemics. Community
`NPIs which include social distancing measures designed to keep people who are
`sick away from others.
`https://www.cdc.gov/media/releases/2020/t0225-cdc-telebriefing-covid-19.html
`
`13.
`
`As early as January, 2020, Mrs. Lathourakis suspected that a fellow employee,
`
`Amy Heavey, had COVID-19. In addition to having flu-like symptoms, she lost her sense of
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`smell. Mrs. Lathourakis suggested that Ms. Heavey see a doctor, but she did not, was sick for
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`weeks and continued to come to work without taking any precautions to protect the transmission
`
`of her illness.
`
`14.
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`In February, another fellow employee, Rocco Tangredi, came to work sick, and
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`even vomited in the store. Despite this danger to the health of his fellow employees and store
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`customers, management refused to send him home. Shortly thereafter, he disappeared from the
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`store. When Mrs. Lathourakis asked management about Mr. Tangredi, they acknowledged that
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`they were aware of his illness, but that they were not allowed to discuss his situation.
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`
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`3
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`FILED: WESTCHESTER COUNTY CLERK 08/24/2020 01:20 PM
`NYSCEF DOC. NO. 2
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`15.
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`At this time, another fellow employee, Isabel Valenzuela, met with Mr. Tangredi
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`to borrow his Costco card, and thereafter became sick. However, she continued to work serving
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`customers, despite being symptomatic, and management took no steps to send her home, or to
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`protect the workers and customers in the store.
`
`16.
`
`In early March 2020, the number of COVID cases in New York State began to
`
`increase rapidly, and on March 10, the State ordered the first coronavirus containment zone in
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`New Rochelle, in Westchester County, only a few miles from R&F’s White Plains store.
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`17.
`
`Despite the fact that it was widely and publicly reported that COVID-19 was
`
`spreading through Westchester County and the Lower Hudson Valley (with Westchester
`
`identified as a virus “hot spot”), R&F was shockingly lax in its response to the increasing threat
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`of the coronavirus. R&F stated to its public customers and employees on or about March 12,
`
`2020 that:
`
` At Raymour & Flanigan, our most important company value is the safety and
`well-being of our associates and guests. We are monitoring the evolution of the
`current situation, and making decisions based on direction from the CDC, WHO,
`local, state and federal governments. . . . We have instructed our associates to
`follow published protocol to prevent the spread of coronavirus, such as frequent
`hand-washing and maintaining adequate distance from others. Our expert delivery
`associates and service technicians are wearing protective gloves, and have been
`trained on proper hygiene to prevent the spread of germs. In addition, we have
`asked any associate who does not feel well, or has cold or flu-like symptoms, to
`remain home until they can be tested. (Exhibit A) (emphasis added)
`
`
`However, despite this statement, as noted above, several employees at R&F’s White Plains store
`
`came to work despite being obviously symptomatic for COVID-19 and reporting to management
`
`as such.
`
`18.
`
`Despite its public representations, management hesitated to send these sick
`
`employees home even after other employees asked management to do so. Even worse, when one
`
`employee, Robert Lombardo, returned to work after several days off sick and declared that he
`
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`believed himself to be suffering from COVID-19, management turned a blind eye and permitted
`
`the employee to return. Only after significant pressure from co-workers did management finally
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`relent and send the employee home.
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`19.
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`Because she lived with two vulnerable individuals – her 66-year-old husband,
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`Jimy, who suffered from heart disease, and her 82-year-old mother – Mrs. Lathourakis
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`repeatedly requested in March that R&F provide increased safety protections. Despite the claims
`
`on its website of a “supportive network and team mentality,” and its March representation that
`
`“our most important company value is the safety and well-being of our associates and guests,”
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`R&F management inexplicably denied these requests. As a result, despite continuing pressure
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`from management to continue to work and generate revenue for R&F, Ms. Lathourakis refused
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`to continue to come to work.
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`20.
`
`On March 18, 2020, New York Governor Andrew Cuomo signed an executive
`
`order that mandated all but essential business reduce their workforce density by 50% and have
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`more employees work from home, and only two days later, the Governor ordered that all
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`nonessential businesses be closed statewide. The order was to take effect on the evening of
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`March 22, 2020.
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`21.
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`Despite the clear danger that led to these orders, R&F made sure to squeeze in a
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`final “Friends and Family” sale over the weekend of March 20-22, 2020. Although the White
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`Plains store closed on March 21, because the employees refused to work, the New York Post
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`discussed this irresponsible corporate decision, reporting on March 20, 2020 (Exhibit B):
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`“It’s a potential breeding ground for problems,” said one source of the store’s
`weekend sale. “Just as a thinking person during this god-awful time, you’ll have
`people running up and touching people and the furniture. You’re not wiping
`everything down.”
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`FILED: WESTCHESTER COUNTY CLERK 08/24/2020 01:20 PM
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`Further, the article noted:
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`Even prior to the edict, store associates were complaining about the sale.
`According to a source, sales associates in the Cherry Hill, NJ-region, south of
`Philadelphia, were being asked to contact valued customers to come to the store
`for the company’s sale this weekend.
`
`
`
`22.
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`Concerned about the risk of COVID-19 to her and her family, Mrs. Lathrouakis
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`took all reasonable precautions in her personal life, while R&F continued to place her at risk in
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`her professional life. For example, beginning in mid-February, Mrs. Lathourakis stopped going
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`grocery shopping. Her daughter did the shopping and left the groceries for her at the curbside.
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`Further, on the rare occasions that Mrs. Lathourakis went out, she wore personal protective
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`equipment, including masks and gloves.
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`23.
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`Tragically for Mrs. Lathourakis, and despite her personal attempts to protect
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`herself, her worst fears were realized due to R&F’s gross misconduct. On or about March 19,
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`2020, Mrs. Lathourakis contracted COVID-19 after being exposed at the White Plains store,
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`upon information and belief by Ms. Valenzuela, and then transmitted coronavirus to her husband
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`and mother. Mrs. Lathourakis’ mother tested positive on March 27, 2020 for COVID-19, and
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`Mrs. Lathourakis and her husband both tested positive on March 31, 2020.
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`24.
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`Although Mrs. Lathourakis and her mother recovered from the worst of the
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`symptoms (despite continuing to test positive for the virus), her husband Jimy passed away on
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`April 7, 2020 from complications of COVID-19. Mrs. Lathourakis’ mother continues to suffer
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`serious after effects of the disease, including both physical and psychological issues.
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`25.
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`Even as recently as late May, 2020, R&F has failed to take appropriate
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`precautions to protect its workers and staff. On May 27, 2020, the press reported that:
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`Raymour & Flanigan, for example, asked New York staffers in a recent
`conference call to purchase hand sanitizer and sanitizing wipes for their stores
`because the chain’s order of sensor-operated hand sanitizer stations had not yet
`
`
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`FILED: WESTCHESTER COUNTY CLERK 08/24/2020 01:20 PM
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`arrived, according to a store manager on the call. The manager said executives
`also asked employees to park their cars in front of neighboring storefronts so as
`not to attract unwanted attention.
`(Exhibit C)
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`26.
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`By failing to allow sick employees to work from home and failing to maintain
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`appropriate cleaning precautions, R&F breached its duty to Mrs. Lathourakis, leading to her
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`extreme personal loss and emotional distress.
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`27.
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`R&F’s behavior during this period was consistent with Mrs. Lathourakis’
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`observation that the company’s focus was solely on profit, making sure that the stores were filled
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`with employees, and not on the safety or wellbeing of its workers. This was highlighted when
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`Mrs. Lathourakis spoke with a store manager, Kathy McTigue, about the store’s lack of safety
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`measures in the period before she stopped working, and Ms. McTigue made it clear that the
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`company’s main concern was protecting the owners of R&F from bankruptcy.
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`28.
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`As a result of contacting COVID-19 at the R&F White Plains store, Mrs.
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`Lathourakis suffered from symptoms for at least 14 days, including coughing, fever and loss of
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`taste and smell. Despite recovering from the worst of the disease, she still suffers from
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`diminished senses of taste and smell, headaches, and also gets winded easily.
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`29.
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`Further, Mrs. Lathourakis is under the care of a psychiatrist. As set forth in a
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`letter from the psychiatrist to R&F’s Human Resources Department, Mrs. Lathourakis “is under
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`my psychiatric care for anxiety. Her condition has worsened considerably since she and her
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`family all became infected with COVID-19. ANP was further severely traumatized upon the
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`death of her husband due to the virus. (Exhibit D)
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`30.
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`In addition, her psychiatrist has diagnosed Mrs. Lathourakis with “Symptoms of
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`PTSD due to trauma of suffering from COVID-19 and husband’s demise due to same illness.
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`Symptoms include anxiety, fearfulness, poor sleep, flashback memories and grief. [Patient]
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`continues to suffer from after-effects of COVID-19 as shortness of breath and loss of taste and
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`smell.” (Exhibit E)
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`31.
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`Further, as described above, Mrs. Lathourakis re-transmitted the virus to her
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`husband and elderly mother. She was forced to watch her husband get increasingly sick, get
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`admitted to the hospital, have to be transferred to a second hospital when he developed kidney
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`failure, before he died, at the age of 66 years old.
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`32.
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`As a result of her illness and the resulting mental distress, Mrs. Lathourakis first
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`was required to go on furlough, and is in the process of taking full disability leave. This has and
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`will significantly depress her income, in an amount to be determined at trial, but which is likely
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`to exceed $950,000.
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`33.
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`None of these damages would have occurred had R&F acted in accordance with
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`its duty to Mrs. Lathourakis or pursuant to state or federal guidelines. R&F’s intentional or
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`negligent actions were the direct and proximate cause of her damages.
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`Count I – Negligence
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`34.
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`At all relevant times, R&F owed Mrs. Lathourakis a duty to exercise reasonable
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`care in keeping the White Plains store in a safe and healthy environment and, in particular, to
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`protect employees, customers and other individuals within the store from contracting COVID-19
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`when it knew or should have known that individuals at the store were at a very high risk of
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`infection and exposure due to the high volume of individuals present at and circulating
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`throughout the store on a daily basis.
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`35.
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`R&F violated this duty of care, and was negligent by, inter alia, refusing to send
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`home or exclude from work employees that it knew or should have known were infected with
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`COVID-19, ignoring or failing to properly address the complaints of employees, including Mrs.
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`Lathourakis, that employees at the White Plains store were suffering from symptoms of COVID-
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`19, failing to properly cleanse and sterilize the store in order to prevent infection of COVID-19,
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`failing to take other recommended steps to prevent the infection of COVID-19 including without
`
`limitation failing to provide personal protective equipment and antibacterial soaps, wipes and
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`other cleaning agents as recommended by state and federal authorities.
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`36.
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`As a direct and proximate cause of the above acts and/or omissions, Mrs.
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`Lathourakis suffered substantial damages.
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`Count II – Intentional Misconduct
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`37. Mrs. Lathourakis repeats and realleges the allegations contained in this Verified
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`Complaint.
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`38.
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`R&F’s actions described above were intentional and deliberate acts designed to
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`protect R&F’s profits at the expense of the safety of its employees and customers.
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`39.
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`As a direct and proximate cause of the above intentional acts and/or omissions,
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`Mrs. Lathourakis suffered substantial damages.
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`Count III-Negligent Infliction of Emotional Distress
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`40. Mrs. Lathourakis repeats and realleges the allegations contained in this Verified
`
`Complaint.
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`41.
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`R&F’s actions above negligently placed Mrs. Lathourakis, her husband and
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`mother in an immediate risk of physical harm.
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`42.
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`Such conduct caused severe mental and/or emotional harm and/or distress in Mrs.
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`Lathourakis, not only resulting from her own concerns about contracting COVID-19 and her
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`concern about potentially infecting her husband and mother, but also in watching her husband
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`contract the disease and suffer and die from it.
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`43.
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`As a direct and proximate cause of the above acts and/or omissions, Mrs.
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`Lathourakis suffered substantial damages.
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`Count IV-Intentional Infliction of Emotional Distress
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`44. Mrs. Lathourakis repeats and realleges the allegations contained in this Verified
`
`Complaint.
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`45.
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`R&F’s actions above were intentional and/or reckless and placed Mrs.
`
`Lathourakis, her husband and mother in an immediate risk of physical harm.
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`46.
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`Such conduct caused severe mental and/or emotional harm and/or distress in Mrs.
`
`Lathourakis, not only resulting from her own concerns about contracting COVID-19 and her
`
`concern about potentially infecting her husband and mother, but also in watching her husband
`
`contract the disease, and suffer and die from it.
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`47.
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`As a direct and proximate cause of the above intentional or reckless acts and/or
`
`omissions, Mrs. Lathourakis suffered substantial damages.
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`RELIEF SOUGHT
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`48. Mrs. Lathourakis requests compensatory damages in an amount to be determined
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`at the hearing in this matter, but which are believed to be at least $950,000.
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`49. Mrs. Lathourakis also requests attorneys’ fees, costs and interests, and punitive
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`
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`damages.
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`50. Mrs. Lathourakis also requests such other and further relief as the Panel may
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`deem just and proper under the circumstances.
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`Dated: White Plains, New York
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`August 17, 2020
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`LAW OFFICES OF JORDAN D. BECKER
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` By:
` Jordan D. Becker
`
`
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`
`
`
`140 Grand Street, Suite 705
`White Plains, New York 10601
`Tel.: (646) 801-2085
`Jordan@jordanbeckerlaw.com
`Attorneys for Plaintiff
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`STATE
`
`OF NEW YORK
`
`VERIFICATION
`
`)
`
`COUNTY
`
`OF
`
`) ss.:
`WESTCHESTER
`
`)
`
`ELIZABETH
`
`LATHOURAKIS,
`
`being
`
`duly
`
`sworn,
`
`deposes
`
`and
`
`says:
`
`I.
`
`2.
`
`I am the
`
`Plaintiff
`
`in
`
`the
`
`action
`
`herein.
`
`I have
`
`read
`
`the
`
`annexed
`
`know
`Complaint,
`to my knowledge,
`on
`be
`alleged
`
`to
`
`the
`
`except
`
`information
`
`contents
`
`thereof
`
`and
`
`the
`
`same
`
`are
`
`true
`
`those
`
`matters
`
`therein
`
`that
`
`are
`
`stated
`
`and
`
`belief,
`
`and
`
`as
`
`to
`
`those
`
`matters,
`
`I believe
`
`them
`
`to
`
`be
`
`true.
`
`Elizabeth
`
`Lathourakis
`
`Sworn
`
`to
`
`before
`
`me
`
`this
`
`of
`
`ay
`
`August,
`
`2020
`
`Notary
`
`Public
`
`Notary
`
`Qualified
`Commission
`
`DONALD
`
`GOLDSMITH
`of New York
`State
`Public,
`01GO5021034
`No.
`in Westchester
`Expires
`
`County
`6, 202L
`
`Dec.
`
`12 of 12
`
`