|
SUPREME COURT OF THE STATE OF
NEW YORK COUNTY OF KINGS _________________________________ Cheryl D. Uzamere
Index No. 18012/2009 *
Plaintiff,
VERIFIED COMPLAINT * -against-
JURY TRIAL DEMANDED * Senator Ehigie Edobor Uzamere, also known as “Godwin E. Uzamere”, Allen E. Kaye,
P.C., Allen E. Kaye, P.C., Allen E. Kaye, Esq., Harvey Shapiro, Esq., Bernard J. Rostanski and Jack Gladstein, Esq. |
********************************************************* ********************************************************* ********************************************************* ********************************************************* *
Defendants. ______________________________________ STATE OF NEW YORK ) COUNTY OF KINGS
) ss:
Plaintiff Cheryl D. Uzamere, appearing on her own behalf, states and alleges the following: 1) That at all times herein relevant, the Plaintiff
was a resident of the State of New York, City of Brooklyn and County of Kings.
2) That on or around December 1977, two years before Plaintiff met Defendant Ehigie Edobor Uzamere,
the services of Defendant Allen E. Kaye were retained on behalf of the aforesaid Defendant to apply for lawful permanent residence
based on U.S. Immigration and Naturalization Service's IR2 criteria for unmarried immigrants under 21 years of age. 3) That at the time that
the aforesaid Defendant first retained the aforementioned attorney, Defendant Uzamere retained the aforesaid attorney's services
using the proper name “Ehigie Edobor Uzamere”, and proper date of birth, December 31, 1960; and that the aforesaid
attorney accepted as true and correct the aforementioned information as Defendant Uzamere's name and birthday. 4) That almost two (2) years
later, on November 20, 1979, in an attempt to expedite receipt of lawful permanent residence by circumventing the IR2 residence
for which Defendant Uzamere previously applied, the aforesaid Defendant wrote the fictitious name and birthday “Godwin
Uzamere, June 1, 1955” on the marriage affidavit without producing governmental identification to verify his age and
identity. 5)
That on or around December 17, 1979, Defendant immigration attorney, Allen E. Kaye, Defendant immigration attorney Harvey
Shapiro, working under the supervision of Defendant Allen E. Kaye, and New York State notary public Defendant Bernard J. Rostanski
signed their names to swear and verify as true and correct the fraudulent name and birthday that Defendant Uzamere placed
on the I-130 immediate relative sponsorship form and on which Defendant Uzamere perjured himself. 6) That Plaintiff did not discover tangible evidence
of Defendants' two (2) immigration file numbers A24-027-764 and A35-201-224, Defendant's Family Court arrest warrant for Defendant
Uzamere's non-payment of child support, Plaintiff's immigration fraud complaint against Defendant Uzamere dated August 12,
1980, and other tangible evidence of Defendants' fraud until June 12, 2009.
7) That on or around October 1, 2003, Defendant Uzamere's divorce attorney Defendant Jack Gladstein
sent Plaintiff correspondence containing the same fictitious name that Defendant Uzamere used to marry the Plaintiff. 8) That from November, 1979
until the present time, each and every Defendant has refused to publicize and to willingly participate in the publicizing
of Defendant Uzamere's identity to governmental agencies; that from 1979 until the present time, Defendants have continuously,
fraudulently and maliciously withheld the proper legal name of Defendant Uzamere from the Plaintiff; and that from 1979 to
the present time, Defendants have actively discouraged its public use.
9) That as a result of the Defendants' 30-year act of fraud, Defendants set in motion a series of
events that resulted in depriving Plaintiff of the use of Defendant Uzamere's proper name as marital property. 10) That as a result of Defendants'
30-year act of fraud, Defendants set in motion a series of events that included Defendant Uzamere's illegal retention of attorney
Jack Gladstein to attempt to dupe Plaintiff into filing a divorce action against Defendant Uzamere using the same fictitious
name that Defendants used to assist Defendant Uzamere in contracting a green-card marriage with the Plaintiff; and to continue
to defraud Plaintiff by withholding the true identity of Defendant Uzamere.
11) That as a result of Defendants' 30-year act of fraud, Defendants set in motion a series of events that
included publicly defaming Plaintiff as mentally unstable so as to publicly discredit her complaints against Defendants. 12) That as a result of Defendants'
30-year act of fraud, Defendants set in motion a series of events that included Defendant Uzamere's submission of a fraudulent
unauthenticated foreign counter-affidavit during Plaintiff's divorce proceeding; and that the aforesaid unauthenticated foreign
counter-affidavit created by Defendant Uzamere fraudulently claimed to be from Defendant Uzamere's “cousin Godwin E.
Uzamere.” 13)
That a result of Defendants' 30-year of fraud, Defendants set in motion a series of events that include Plaintiff being publicly
defamed as an anti-Semite by Defendant Allen E. Kaye.
14) That as a result of Defendants' 30-year of fraud, Defendants set in motion a series of events that include
Plaintiff being falsely charged with simple assault.
15) That the Defendants maliciously engaged in the aforesaid tortious acts for the sole purpose of hiding
the existence of Plaintiff's marriage and the birth and existence of the child of the marriage. 16) That wholly and solely as a result of the Defendants'
tortious acts of fraud over the course of nearly 30 years, Plaintiff suffered severe personal injuries and has been damaged
in the amount of $100,000,000.00. AS AND FOR A FIRST SEPARATE AND DISTINCT
CAUSE OF ACTION 17)
Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 16 as if fully set forth
herein. 18) That
Defendant Uzamere owed Plaintiff the duty of not engaging in fraud with regard to the use of his proper name and other legal
identifiers that by marriage now belong to the Plaintiff; that Defendant Uzamere owed Plaintiff the duty of not withholding
his legal identifiers in a manner that would cause the New York State Unified Court System to question the existence of Plaintiff's
marriage to Defendant Uzamere and paternity of the child of the marriage, thereby preventing Plaintiff from availing herself
and her family of receiving benefits associated with being the wife of Defendant Uzamere and mother of Defendant Uzamere's
daughter Tara. 19) That
Defendant Uzamere owed Plaintiff the duty of publicly disseminating information regarding Plaintiff's marriage to governmental
agencies, to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause it to be publicly recognized
as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right to share title of all other
marital assets with Defendant Uzamere and to share the responsibilities associated with caring for any child with whom Plaintiff
and Defendant Uzamere share consanguinity; and that Defendant Uzamere owed Plaintiff the duty of not defrauding Plaintiff
by taking advantage of Plaintiff's lack of knowledge of Title 8, U.S.C. -- Aliens and Nationality by withholding from Plaintiff's
her role as an unwitting participant in a federal felony.
20) That Defendant Uzamere owed Plaintiff the duty of protecting Plaintiff's due process rights with regard
to Defendant Uzamere's proper name by not withholding it, and by legally recognizing it as Plaintiff's primary marital property,
and to not engage in defrauding Plaintiff of her property based on Defendant Uzamere's desire to engage in an act of green
card marriage fraud for permanent residence.
21) That wholly and solely as a result of the Defendant Uzamere's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE AND DISTINCT CAUSE OF ACTION 22) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 21 as if fully set forth herein.
23) That Defendant Uzamere failed in his duty to provide Plaintiff with his proper name by creating and
facilitating the existence of the fraudulent name and birthday “Godwin E. Uzamere, June 1, 1955.” 24) That Defendant Uzamere failed
in his duty to publicly disseminate information regarding Plaintiff's marriage to appropriate governmental agencies; that
Defendant Uzamere failed in his duty to encourage and enforce the legal use of his proper name and to cause it to be publicly
recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right to share title of
all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring for any child with
whom Plaintiff and Defendant Uzamere share consanguinity.
25) That Defendant Uzamere failed in protecting Plaintiff's due process rights with regard to Defendant
Uzamere's proper name as being Plaintiff's primary marital property.
26) That wholly and solely as a result of the Defendant Uzamere's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION 27) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 26 as if fully set forth herein.
28) That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain
government documentation to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish
that Defendant Uzamere is the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant
Ehigie Edobor Uzamere's identification including, real social security number, real driver's license, real passport, real
address or any other identification that the Plaintiff can use to take to court to establish her legal status as the spouse
of Defendant Uzamere so as to share title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION 29) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 28 as if fully set forth herein.
30) That the Defendant Uzamere knew or should have known that when governmental employees, attorneys, notaries
or any type of fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said fraudulent
documents can be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned spouse
and children into poverty. Furthermore; as the potential recipient of immigration benefits with immediate access to legal
counsel, Defendant Uzamere knew or should have known that using the power of one's position as a fiduciary agent to swear
to create a fraudulent document for the sole purpose of obtaining immigration benefits is a tort and a crime. AS AND FOR A FIRST SEPARATE AND DISTINCT CAUSE OF ACTION 31) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 30 as if fully set forth herein.
32) That Defendant corporation Allen E. Kaye, P.C. owed Plaintiff the duty of not engaging in fraud with
regard to the use of Defendant Uzamere's proper name and other legal identifiers belonging to Defendant Uzamere; and that
the Defendant corporation owed Plaintiff the duty of not withholding Defendant Uzamere's legal identifiers in a manner that
would cause the New York State Unified Court System to question the existence of Plaintiff's marriage to Defendant Uzamere
and paternity of the child of the marriage, thereby preventing Plaintiff from availing herself and her family of receiving
benefits associated with being the wife of Defendant Uzamere and mother of Defendant Uzamere's daughter Tara. 33) That Defendant corporation
Allen E. Kaye, P.C. owed Plaintiff the duty of publicly disseminating information regarding Plaintiff's marriage to governmental
agencies, to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause it to be publicly recognized
as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right to share title of all other
marital assets with Defendant Uzamere and to share the responsibilities associated with caring for any child with whom Plaintiff
and Defendant Uzamere share consanguinity; and that Defendants owed Plaintiff the duty of not defrauding Plaintiff by taking
advantage of Plaintiff's lack of knowledge of Title 8, USC, Aliens and Nationality by withholding from Plaintiff's her role
as an unwitting participant in a federal felony.
34) That Defendant corporation Allen E. Kaye owed Plaintiff the duty of protecting Plaintiff's due process
rights with regard to Defendant Uzamere's proper name by not withholding it from Plaintiff, and by legally recognizing it
as Plaintiff's primary marital property, and by not engaging in defrauding Plaintiff of her property based on Defendant's
desire to conspire to aid and abet Defendant Uzamere's commission of the crime of marriage fraud for permanent residence. 35) That wholly and solely as
a result of the Defendant corporation Allen E. Kaye P.C.'s nearly thirty (30) years of tortious acts of fraud, the Plaintiff
suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE AND DISTINCT CAUSE OF ACTION
36) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 35
as if fully set forth herein. 37)
That Defendant corporation Allen E. Kaye, P.C. failed in its duty to provide Plaintiff with the proper name of Defendant Uzamere
by facilitating the existence of the fraudulent name and birthday “Godwin E. Uzamere, June 1, 1955.” 38) That Defendant corporation
Allen E. Kaye, P.C. failed in its duty to publicly disseminate information regarding Plaintiff's marriage to appropriate governmental
agencies; that Defendant corporation failed in its duty to encourage and enforce the legal use of Defendant Uzamere's proper
name and to cause it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise
her legal right to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated
with caring for any child with whom Plaintiff and Defendant Uzamere share consanguinity. 39) That Defendants failed in protecting Plaintiff's
due process rights with regard to Defendant Uzamere's proper name as being Plaintiff's primary marital property. 40) That wholly and solely as
a result of the Defendant corporation Allen E. Kaye P.C.'s nearly thirty (30) years of tortious acts of fraud, the Plaintiff
suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION
41) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through
40 as if fully set forth herein. 42)
That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain government documentation
to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish that Defendant Uzamere is
the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant Ehigie Edobor Uzamere's
identification including, real social security number, real driver's license, real passport, real address or any other identification
that the Plaintiff can use to take to court to establish her legal status as the spouse of Defendant Uzamere so as to share
title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION
43) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 42
as if fully set forth herein. 44)
That the Defendant corporation Allen E. Kaye, P.C. knew or should have known that when governmental employees, attorneys,
notaries or any type of fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said
fraudulent documents can be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned
spouse and children into poverty. Furthermore; the Defendant corporation, operating under the laws of the State of New York
as a law firm, knew or should have known that using the power of one's position as a fiduciary agent to swear to create a
fraudulent document is a tort and a crime. AS AND FOR A FIRST SEPARATE
AND DISTINCT CAUSE OF ACTION
45) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 44
as if fully set forth herein. 46)
That Defendant Allen E. Kaye, Esq. owed Plaintiff the duty of not engaging in fraud with regard to the use of Defendant Uzamere's
proper name and other legal identifiers belonging to Defendant Uzamere; and that the Defendant Kaye owed Plaintiff the duty
of not withholding Defendant Uzamere's legal identifiers in a manner that would cause the New York State Unified Court System
to question the existence of Plaintiff's marriage to Defendant Uzamere and paternity of the child of the marriage, thereby
preventing Plaintiff from availing herself and her family of receiving benefits associated with being the wife of Defendant
Uzamere and mother of Defendant Uzamere's daughter Tara.
47) That Defendant Kaye owed Plaintiff the duty of publicly disseminating information regarding Plaintiff's
marriage to governmental agencies, to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause
it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right
to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring
for any child with whom Plaintiff and Defendant Uzamere share consanguinity; and that Defendants owed Plaintiff the duty of
not defrauding Plaintiff by taking advantage of Plaintiff's lack of knowledge of Title 8, USC, Aliens and Nationality by withholding
from Plaintiff's her role as an unwitting participant in a federal felony.
48) That Defendant Kaye owed Plaintiff the duty of protecting Plaintiff's due process rights with regard
to Defendant Uzamere's proper name by not withholding it, and by legally recognizing it as Plaintiff's primary marital property,
and to not engage in defrauding Plaintiff of her property based on Defendant's desire to conspire to aid and abet Defendant
Uzamere's commission of the crime of marriage for permanent residence.
49) That wholly and solely as a result of the Defendant Kaye's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE AND DISTINCT CAUSE OF ACTION 50) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 49 as if fully set forth herein.
51) That Defendant Kaye failed in his duty to provide Plaintiff with the proper name of Defendant Uzamere
by facilitating the existence of the fraudulent name and birthday “Godwin E. Uzamere, June 1, 1955.” 52) That Defendant Kaye failed
in his duty to publicly disseminate information regarding Plaintiff's marriage to appropriate governmental agencies; that
Defendant Kaye failed in his duty to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause it
to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right to
share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring for
any child with whom Plaintiff and Defendant Uzamere share consanguinity.
53) That Defendant Kaye failed in protecting Plaintiff's due process rights with regard to Defendant Uzamere's
proper name as being Plaintiff's primary marital property.
54) That wholly and solely as a result of the Defendant Kaye's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION 55) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 54 as if fully set forth herein.
56) That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain
government documentation to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish
that Defendant Uzamere is the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant
Ehigie Edobor Uzamere's identification including, real social security number, real driver's license, real passport, real
address or any other identification that the Plaintiff can use to take to court to establish her legal status as the spouse
of Defendant Uzamere so as to share title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION 57) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 56 as if fully set forth herein.
58) That the Defendant Kaye knew or should have known that when governmental employees, attorneys, notaries
or any type of fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said fraudulent
documents can be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned spouse
and children into poverty. Furthermore; Defendant Kaye, who is an attorney, knew or should have known that using the power
of one's position as a fiduciary agent to swear to create a fraudulent document is a tort and a crime. AS AND FOR A FIRST SEPARATE AND DISTINCT CAUSE OF ACTION
59) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 58
as if fully set forth herein. 60)
That Defendant Harvey Shapiro owed Plaintiff the duty of not engaging in fraud with regard to the use of Defendant Uzamere's
proper name and other legal identifiers belonging to Defendant Uzamere; and that the Defendant Shapiro owed Plaintiff the
duty of not withholding Defendant Uzamere's legal identifiers in a manner that would cause the New York State Unified Court
System to question the existence of Plaintiff's marriage to Defendant Uzamere and paternity of the child of the marriage,
thereby preventing Plaintiff from availing herself and her family of receiving benefits associated with being the wife of
Defendant Uzamere and mother of Defendant Uzamere's daughter Tara.
61) That Defendant Shapiro owed Plaintiff the duty of publicly disseminating information regarding Plaintiff's
marriage to governmental agencies, to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause
it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right
to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring
for any child with whom Plaintiff and Defendant Uzamere share consanguinity; and that Defendants owed Plaintiff the duty of
not defrauding Plaintiff by taking advantage of Plaintiff's lack of knowledge of Title 8, USC, Aliens and Nationality by withholding
from Plaintiff's her role as an unwitting participant in a federal felony.
62) That Defendant Shapiro owed Plaintiff the duty of protecting Plaintiff's due process rights with regard
to Defendant Uzamere's proper name by not withholding it, and by legally recognizing it as Plaintiff's primary marital property,
and to not engage in defrauding Plaintiff of her property based on Defendant Shapiro's desire to conspire to aid and abet
Defendant Uzamere's commission of the crime of marriage for permanent residence.
63) That wholly and solely as a result of the Defendant Shapiro's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE AND DISTINCT CAUSE OF ACTION 64) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 63 as if fully set forth herein.
65) That Defendant Shapiro failed in his duty to provide Plaintiff with the proper name of Defendant Uzamere
by facilitating the existence of the fraudulent name and birthday “Godwin E. Uzamere, June 1, 1955.” 66) That Defendant Shapiro failed
in his duty to publicly disseminate information regarding Plaintiff's marriage to appropriate governmental agencies; that
Defendant Shapiro failed in its duty to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause
it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right
to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring
for any child with whom Plaintiff and Defendant Uzamere share consanguinity.
67) That Defendant Shapiro failed in protecting Plaintiff's due process rights with regard to Defendant
Uzamere's proper name as being Plaintiff's primary marital property.
68) That wholly and solely as a result of the Defendant Shapiro's nearly thirty (30) years of tortious acts
of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION 69) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 68 as if fully set forth herein.
70) That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain
government documentation to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish
that Defendant Uzamere is the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant
Ehigie Edobor Uzamere's identification including, real social security number, real driver's license, real passport, real
address or any other identification that the Plaintiff can use to take to court to establish her legal status as the spouse
of Defendant Uzamere so as to share title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION 71) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 70 as if fully set forth herein.
72) That the Defendant Shapiro knew or should have known that when governmental employees, attorneys, notaries
or any type of fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said fraudulent
documents can be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned spouse
and children into poverty. Furthermore; the Defendant Shapiro, who is an attorney, knew or should have known that using the
power of one's position as a fiduciary agent to swear to create a fraudulent document is a tort and a crime. AS AND FOR A FIRST SEPARATE AND DISTINCT CAUSE OF ACTION 73) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 72 as if fully set forth herein.
74) That Defendant New York State Notary Public Bernard J. Rostanski owed Plaintiff the duty of not engaging
in fraud by verifying the authenticity of all documents that served as legal identifiers of Defendant Uzamere, and that Defendant
Rostanski owed Plaintiff the duty of not withholding Defendant Uzamere's legal identifiers in a manner that would cause the
New York State Unified Court System to question the existence of Plaintiff's marriage to Defendant Uzamere and paternity of
the child of the marriage, thereby preventing Plaintiff from availing herself and her family of receiving benefits associated
with being the wife of Defendant Uzamere and mother of Defendant Uzamere's daughter Tara. 75) That Defendant Rostanski owed Plaintiff the duty
of verifying documents regarding Defendant Uzamere's identity so as to ensure that any information that was disseminated to
governmental agencies regarding Plaintiff's marriage to Defendant Uzamere was authenticated and not fraudulent; and that Defendant
Rostanski owed Plaintiff the duty of encouraging and enforcing the proper legal use of Defendant Uzamere's legal documents
containing his proper name and birthday and to cause it to be publicly recognized as Plaintiff's primary marital property,
so as to allow Plaintiff to exercise her legal right to share title of all other marital assets with Defendant Uzamere and
to share the responsibilities associated with caring for any child with whom Plaintiff and Defendant Uzamere share consanguinity;
and that Defendants owed Plaintiff the duty of not defrauding Plaintiff by taking advantage of Plaintiff's lack of knowledge
of Title 8, USC, Aliens and Nationality by withholding from Plaintiff's her role as an unwitting participant in a federal
felony. 76) That
Defendant Rostanski owed Plaintiff the duty of protecting Plaintiff's due process rights with regard to Defendant Uzamere's
proper name by not withholding it, and by legally recognizing it as Plaintiff's primary marital property, and to not engage
in defrauding Plaintiff of her property based on Defendant Rostanski's desire to conspire to aid and abet Defendant Uzamere's
commission of the crime of marriage for permanent residence.
77) That wholly and solely as a result of the Defendant Rostanski's nearly thirty (30) years of tortious
acts of fraud, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE AND DISTINCT CAUSE OF ACTION 78) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 77 as if fully set forth herein. 79) That Defendant Rostanski failed in his duty to provide
Plaintiff with the proper name of Defendant Uzamere by facilitating the existence of the fraudulent name and birthday “Godwin
E. Uzamere, June 1, 1955.” 80)
That Defendant Rostanski failed in his duty to publicly disseminate information regarding Plaintiff's marriage to appropriate
governmental agencies; that Defendant Rostanski failed in his duty to encourage and enforce the legal use of Defendant Uzamere's
proper name and to cause it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to
exercise her legal right to share title of all other marital assets with Defendant Uzamere and to share the responsibilities
associated with caring for any child with whom Plaintiff and Defendant Uzamere share consanguinity. 81) That Defendant Rostanski failed in protecting Plaintiff's
due process rights with regard to Defendant Uzamere's proper name as being Plaintiff's primary marital property. 82) That wholly and solely as
a result of the Defendant Rostanski's nearly thirty (30) years of tortious acts of fraud, the Plaintiff suffered severe personal
injuries and have been damaged in the amount of $100,000,000.00. AS AND
FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION
83) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 82
as if fully set forth herein. 84)
That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain government documentation
to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish that Defendant Uzamere is
the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant Ehigie Edobor Uzamere's
identification including, real social security number, real driver's license, real passport, real address or any other identification
that the Plaintiff can use to take to court to establish her legal status as the spouse of Defendant Uzamere so as to share
title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION
85) Plaintiff hereby repeats and realleges each and every allegation contained in paragraphs 1 through 84
as if fully set forth herein. 86)
That Defendant Rostanski's knew or should have known that when governmental employees, attorneys, notaries or any type of
fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said fraudulent documents can
be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned spouse and children
into poverty. Furthermore; Defendant Rostanski, who is a New York State notary public, knew or should have known that using
the power of one's position as a fiduciary agent to swear to create a fraudulent document is a tort and a crime. AS AND FOR A FIRST SEPARATE AND DISTINCT CAUSE OF ACTION 87) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 86 as if fully set forth herein.
88) That Defendant Jack Gladstein owed Plaintiff the duty of not engaging in fraud with regard to the use
of Defendant Uzamere's proper name and other legal identifiers belonging to Defendant Uzamere; and that Defendant Gladstein
owed Plaintiff the duty of not withholding Defendant Uzamere's legal identifiers in a manner that would cause the New York
State Unified Court System to question the existence of Plaintiff's marriage to Defendant Uzamere and paternity of the child
of the marriage, thereby preventing Plaintiff from availing herself and her family of receiving benefits associated with being
the wife of Defendant Uzamere and mother of Defendant Uzamere's daughter Tara.
89) That Defendant Gladstein owed Plaintiff the duty of publicly disseminating information regarding Plaintiff's
marriage to governmental agencies, to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause
it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right
to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring
for any child with whom Plaintiff and Defendant Uzamere share consanguinity; and that Defendant Gladstein owed Plaintiff the
duty of not defrauding Plaintiff by sending Plaintiff correspondence dated October 1, 2003 containing fictitious information
regarding Defendant client's Ehigie Edobor Uzamere's identity.
90) That Defendant Gladstein owed Plaintiff the duty of protecting Plaintiff's due process rights with regard
to Defendant Uzamere's proper name by not withholding it, and by legally recognizing it as Plaintiff's primary marital property,
and to not engage in defrauding Plaintiff of her property based on Defendant Gladstein's desire to conspire to aid and abet
Defendant Uzamere's original commission of the crime of marriage for permanent residence. 91) That wholly and solely as a result of the Defendant
Gladstein's nearly thirty (30) years of tortious acts of fraud, the Plaintiff suffered severe personal injuries and have been
damaged in the amount of $100,000,000.00. AS AND FOR A SECOND SEPARATE
AND DISTINCT CAUSE OF ACTION
92) Plaintiff hereby repeats and realleges each and every allegation contained in
paragraphs 1 through 91 as if fully set forth herein.
93) That Defendant Gladstein failed in his duty to provide Plaintiff with the proper name of Defendant Uzamere
by facilitating the existence of the fraudulent name and birthday “Godwin E. Uzamere, June 1, 1955.” 94) That Defendant Gladstein failed
in his duty to publicly disseminate information regarding Plaintiff's marriage to appropriate governmental agencies; that
Defendant Gladstein failed in its duty to encourage and enforce the legal use of Defendant Uzamere's proper name and to cause
it to be publicly recognized as Plaintiff's primary marital property, so as to allow Plaintiff to exercise her legal right
to share title of all other marital assets with Defendant Uzamere and to share the responsibilities associated with caring
for any child with whom Plaintiff and Defendant Uzamere share consanguinity.
95) That Defendant Gladstein failed in protecting Plaintiff's due process rights with regard to Defendant
Uzamere's proper name as being Plaintiff's primary marital property.
96) That as a result of the Defendant Gladstein's act of fraud regarding Defendant client Ehigie Edobor
Uzamere, the Plaintiff suffered severe personal injuries and have been damaged in the amount of $100,000,000.00. AS AND FOR A THIRD SEPARATE AND DISTINCT CAUSE OF ACTION 97) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 96 as if fully set forth herein.
98) That Plaintiff has suffered financial deprivation insofar as Plaintiff has never been unable to obtain
government documentation to establish her legal status as Defendant Uzamere's spouse, and has never been able to establish
that Defendant Uzamere is the biological father of the child of the marriage; that Plaintiff has been unable to obtain Defendant
Ehigie Edobor Uzamere's identification including, real social security number, real driver's license, real passport, real
address or any other identification that the Plaintiff can use to take to court to establish her legal status as the spouse
of Defendant Uzamere so as to share title with and obtain benefits from Defendant Uzamere based on being Defendant's spouse. AS AND FOR A FOURTH SEPARATE AND DISTINCT CAUSE OF ACTION 99) Plaintiff hereby repeats and realleges each and
every allegation contained in paragraphs 1 through 98 as if fully set forth herein.
100) That the Defendant Gladstein knew or should have known that when governmental employees, attorneys, notaries
or any type of fiduciary agent uses the power of his/her office to help a client create fraudulent documents, said fraudulent
documents can be used to circumvent a poor spouse's ability to locate a missing parent or spouse, forcing the abandoned spouse
and children into poverty. Furthermore; the Defendant Gladstein, who is an attorney, knew or should have known that using
the power of one's position as a fiduciary agent to swear to create a fraudulent document is a tort and a crime. 101) That prior to and at all times
mentioned, Plaintiff Cheryl D. Uzamere is the wife of Ehigie Edobor Uzamere and that the name “Godwin E. Uzamere”
and the name Ehigie Edobor Uzamere belong to Defendant Uzamere and that Defendants are fully aware that the two names belong
to the same person. 102)
That Plaintiff prays that based on Plaintiff's discovery of Defendants' act of fraud that this Court tolls the statute of
limitations for fraud as the Plaintiff and her family are still being victimized; and that tolling the statute for limitations
for fraud based on Plaintiff's recent discovery of evidence of the Defendants' acts of fraud is in the best interest of justice. 103) By reason of the foregoing, Plaintiff
Cheryl D. Uzamere has been deprived, injured and impaired such that deprivation and impairment continues now and will continue
in the future, all to this Plaintiff's damage in the sum of $100,000,000.00. WHEREFORE,
Plaintiff Cheryl D. Uzamere respectfully prays that this Court grants a jury trial, and for this Court to render judgment
against the Defendants in the sum of $100,000,000.00 for the first, second, third and fourth causes of action herein, together
with the costs and disbursement of this action, and for such other, further, and additional relief as to this Court may seem
just and proper. * Dated: Brooklyn, New York July 10, 2009 * Cheryl D. Uzamere Appearing
Pro Se 1209 Loring Avenue Apt.
6B Brooklyn, NY 11208 Tel.:
(718) 647-1708 Fax: (267) 543-3317 STATE
OF NEW YORK, COUNTY OF KINGS ss: * I,
Cheryl D. Uzamere, am the Plaintiff in the within Verified Complaint. I have read the foregoing complaint and know the contents
thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon information and
belief, and as to those matters I believe them to be true. Cheryl D. Uzamere
Appearing Pro Se
1209 Loring Avenue
Apt. 6B
Brooklyn, NY 11208
Tel.: (718) 647-1708 Fax: (267)
543-3317
|
