Brinn v. Syosset Public Library

61 F. Supp. 3d 247, 2014 U.S. Dist. LEXIS 154226, 2014 WL 5502331
CourtDistrict Court, E.D. New York
DecidedOctober 29, 2014
DocketNo. 09-CV-1151 (SJF)
StatusPublished
Cited by4 cases

This text of 61 F. Supp. 3d 247 (Brinn v. Syosset Public Library) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brinn v. Syosset Public Library, 61 F. Supp. 3d 247, 2014 U.S. Dist. LEXIS 154226, 2014 WL 5502331 (E.D.N.Y. 2014).

Opinion

OPINION AND ORDER

FEUERSTEIN, District Judge:

Defendants Syosset Public Library, Judith Lockman and Robert Glick (“Library defendants”) and defendant law firm Morris Duffy Alonso & Faley (“Morris Duffy”) have filed motions for summary judgment pursuant to Federal Rule of Civil Procedure (“FRCP”) 56. For the following reasons, both defendants’ motions are GRANTED and plaintiffs complaint is dismissed.

I. Background

A. Facts

Plaintiff pro se Joshua Brinn (“plaintiff”) was employed as an attorney by defendant law firm Morris Duffy from March 2006 until April 16, 2008. Law Firm 56.1(a) ■Stmt. ¶¶ 1, 2. Andrea Alonso (“Alonso”) is Morris Duffy’s managing partner. Id. at ¶ 8. Kevin Faley (“Faley”) is a partner at Morris Duffy with management duties. Id. at ¶ 9. Kevin Mahon (“Mahon”) is a partner at Morris Duffy. Id. at ¶ 10.

Defendant Judith Lockman (“Lockman”) is Director of the Syosset Public Library (“Library”). Lib. 56.1(a) Stmt. ¶ 4. Defendant Robert Glick (“Glick”) is a Library Trustee. Law Firm 56.1(a) Stmt. ¶ 5. Uti-ca National Insurance Company (“Utica”) was the Library’s insurer during the relevant time period and was also one of Morris Duffy’s clients.1 Id. at ¶¶ 4, 6. Betty Winkler (“Winkler”) was a casualty claims specialist for Utica. Id. at ¶ 7.

Plaintiff has patronized Syosset Public Library (“Library”) approximately once or twice a week since childhood. Lib. Def. 56.1(a) Stmt. ¶ 2. On September. 29, 2007, an incident occurred at the library involv[251]*251ing plaintiff and a library employee. Id. at ¶ 3. By letter dated October 15, 2007, the library’s attorney, William Cullen, advised plaintiff that Director Lockman had suspended his library privileges for one (1) year based upon four (4) instances of inappropriate behavior. Dec. Catalano, Exh. F. The letter advised plaintiff that he had a right to protest the suspension to the Library’s Board of Trustees (“Board”) and included a copy of the Library’s Policy of Maintenance of Public Order at Library Premises. Id. On November 16, 2007 and by letter addressed to the Board’s president Lorraine Trachtman, plaintiff objected to the suspension and asked the Board to reverse its decision. Id. at Exh. G. By letter dated December 14, 2007, plaintiff again wrote to Ms. Trachtman and requested a formal hearing to appeal the one (1) year suspension. Id. at Exh. H. By letter dated December 21, 2007, Cullen wrote to plaintiff and advised that the request was denied because: (1) it was untimely; and (2) plaintiff did not reside in the Syosset Central School District. Id. at Exh. I. By letter dated January 5, 2008, plaintiff argued that his time to appeal should be extended because the Library had been closed for renovations. Id. at Exh. J.

At a Board meeting held on January 8, 2008, it was determined that plaintiff should be heard on the suspension and Glick was authorized to contact plaintiff. Lib. Def. 56.1(a) Stmt. ¶¶ 6, 7. After the meeting and while plaintiff was on Library grounds despite the suspension, Glick introduced himself and advised plaintiff that he was an attorney at which time plaintiff told Glick he was an attorney with Morris Duffy. Dec. Glick ¶¶ 12-14.2 Glick mentioned that he knew managing partner Al-onso through local professional organizations. Id. at ¶ 15. Glick advised plaintiff that the Board would promptly respond to his January 5, 2008 letter. Id. at ¶ 16.

Following that meeting, Glick discovered that plaintiff had filed a notice of claim against the library and called plaintiff at work to remind him of their conversation and to invite plaintiff to a Board meeting if plaintiff agreed to withdraw the notice of claim. Id: at ¶ 18. According to Glick, plaintiff stated he would consider the offer. Id. at ¶ 19. Plaintiff denies that Glick invited him to a board meeting, but concedes that Glick wanted the notice of claim withdrawn. Pit. 56.1(b) Stmt. ¶ 11. Not having heard from plaintiff, Glick called Alonso, advised her of the situation and requested that she ask plaintiff to return his call. Dec. Glick ¶ 21. Glick also spoke with Morris Duffy partner Kevin Mahon who also agreed to speak to plaintiff about returning Gliek’s calls. Law Firm 56.1(a) Stmt. ¶ 12; Dec. Contini, Exh. D (Glick Deposition) p. .68. Alonso advised plaintiff that he could not continue to work for Morris Duffy and sue the Library because Utica, a major client of Morris Duffy, insured the Library. Lib. Def. 56.1(a) Stmt. ¶ 13; Dec. Contini, Exh. F (Alonso Deposition) pp. 18, 20-21. On January 14, 2008, Mahon advised plaintiff that someone from the library wanted to discuss the suspen[252]*252sion. Lib. 56.1(a) Stmt. ¶¶ 14,15. According to plaintiff, Mahon was evasive when asked to identify the person. Pit. 56.1(b) Stmt. ¶ 15.

By letter dated January 24, 2008, Board president Trachtman invited plaintiff to meet with the Board on February 12, 2008. Dec. Catalano, Exh. L. By letter dated February 10, 2008, plaintiff responded that the Board’s letter was vague and he would not attend without clear notice of the meeting’s purpose. Dec. Brinn, Exh., V. On February 26 and March 4, 2008, the Library’s newly retained general counsel, Benjamin Trúncale, wrote to plaintiff to ask him to attend the March 11, 2008 Board meeting “to discuss the possible reinstatement of your Library privileges and a resolution of the pending notice of claim.” Dec. Catalano, Exhs. M and N. On March 7, 2008, plaintiff again responded that counsel’s letter was vague because it failed to state whether the meeting constituted a hearing or if the Library intended to offer a settlement. Id. at Exh. O.

On March 19, 2008, Betty Winkler (“Winkler”), claims examiner for Utica, testified that in the course of her duties, she called Alonso to verify plaintiffs employment because he had filed a claim for damages against the Library. Lib. 56.1(a) Stmt. ¶ 19; Dec. Catalano, Exh. AA (Winkler Deposition) p. 19. Winkler testified that Alonso informed her that a Library trustee had contacted Alonso regarding the claim and, thereafter, several people at Morris Duffy had advised plaintiff not to pursue it. Lib. 56.1(a) Stmt. ¶ 21; Dec. Catalano, Exh. AA p. 20. Later that day, plaintiff was summoned to Alonso’s office and advised that the firm required him to discontinue his claim because: (1) the Library was insured by Utica; (2) Utica was a client of Morris Duffy; and (3) and employees could not sue the firm’s clients. Lib. 56.1(a) Stmt, at ¶ 22. Plaintiff claims Alonso never advised him of the policy. Pit. Lib. 56.1(b) Stmt. ¶ 22.

By letter dated March 28, 2008, plaintiff advised Utica that the notice was withdrawn. Lib. 56.1(a) Stmt. ¶ 23. On April 7, 2008, Trúncale sent a general release to Winkler and requested that she send it to plaintiff for his signature. Id. at ¶ 25. Winkler sent 'the release to Morris Duffy and on April 16, 2008, Alonso asked plaintiff to sign the document. Id. at ¶¶ 26, 27. Plaintiff emailed Alonso later that day to advise her that he would not sign the general release or allow Utica or the Library to force him to do so. Id. at ¶ 28. Plaintiff testified that Alonso immediately terminated his employment; Alonso claims plaintiff resigned voluntarily. Id. at ¶ 29. Plaintiff filed a second notice of claim against the Library in July 2008.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kuczinski v. City of N.Y.
352 F. Supp. 3d 314 (S.D. Illinois, 2019)
Denicolo v. Bd. of Educ. of N.Y.
328 F. Supp. 3d 204 (S.D. Illinois, 2018)
Odermatt v. Way
188 F. Supp. 3d 198 (E.D. New York, 2016)
Aiola v. Malverne Union Free School District
115 F. Supp. 3d 321 (E.D. New York, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
61 F. Supp. 3d 247, 2014 U.S. Dist. LEXIS 154226, 2014 WL 5502331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinn-v-syosset-public-library-nyed-2014.