Part 3 of 3
AS AND FOR A FIRST CAUSE OF ACTION
(Crime of Violence Motivated by Gender – New York City Victims of Gender-Motivated Violence Protection Act, N.Y.C. Admin Code § 10-1101 et seq. As Against Giuliani)245. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
246. Giuliani’s conduct, including but not limited to, sexual and other assaults (including forcing Ms. Dunphy to perform oral sex on him and forcing Ms. Dunphy to have sexual intercourse with him), constitute “crimes of violence” and “crimes of violence motivated by gender” against Ms. Dunphy as defined by the New York City Gender Motivated Violence Act, N.Y.C. Admin. Code § 10-1101 et seq. (2017).
247. Giuliani’s conduct constitutes crimes of violence against Ms. Dunphy motivated: (i) by her gender; (ii) on the basis of her gender; and/or (iii) due, at least in part, to an animus based on her gender.
248. Giuliani’s gender-motivated animus towards women is demonstrated by, among other things, his sexually abusive treatment of Ms. Dunphy and his comments about women.
249. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.
AS AND FOR A SECOND CAUSE OF ACTION
(Battery As Against Giuliani)250. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
251. Giuliani engaged in intentional, and nonconsensual touching and committed battery against Ms. Dunphy by: (i) forcing her to perform oral sex on him; (ii) forcing her to have sexual intercourse with him; and (iii) otherwise touching her without her consent.
252. Giuliani’s physical contact with Ms. Dunphy was offensive, harmful and wrongful.
253. Giuliani’s conduct directly and proximately caused harm to Ms. Dunphy, including but not limited to pain and suffering, lasting psychological harm, loss of dignity, and humiliation.
254. Giuliani’s actions constitute sexual offenses as defined in Article 130 of the New York Penal Law, including but not limited to rape in the first degree (§ 130.35), rape in the third degree (§ 130.25) sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52).
255. Ms. Dunphy’s claim for battery is timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j.
256. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.
AS AND FOR A THIRD CAUSE OF ACTION
(Assault As Against Giuliani)257. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
258. Giuliani committed assault against Ms. Dunphy by intentionally threatening or attempting to engage in battery which caused her to apprehend and fear bodily harm or offensive contact of her by Giuliani. Giuliani engaged in imminent physical gestures signifying a threat.
259. Giuliani knew that these acts would cause Ms. Dunphy to apprehend harmful or offensive conduct, and she reasonably apprehended that harmful or offensive conduct would occur. Giuliani was capable of carrying out the attempted or threatened conduct.
260. Giuliani’s conduct caused Ms. Dunphy to live in fear of physical and sexual violence.
261. As a direct and proximate result of the aforementioned acts, Ms. Dunphy has sustained, and will continue to sustain, inter alia, pain and suffering, psychological and emotional distress, humiliation and loss of career fulfillment.
262. Giuliani’s actions constitute sexual offenses as defined in Article 130 of the New York Penal Law, including but not limited to rape in the first degree (§ 130.35), rape in the third degree (§ 130.55) sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52). Ms. Dunphy’s claim for assault is thus timely under the Adult Survivors Act, N.Y. C.P.L.R. § 214-j.
263. As a direct and proximate result of the aforementioned conduct, Ms. Dunphy has sustained and will continue to sustain, monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress.
AS AND FOR A FOURTH CAUSE OF ACTION
(Gender Discrimination and Sexual Harassment Under the New York State Human Rights Law as Against all Defendants)264. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if fully set forth herein.
265. New York Executive law Section 296(1)(a) provides that: “It shall be an unlawful discriminatory practice… [f]or an employer or licensing agency, because of an individual’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex… to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions, or privileges of employment.”
266. Giuliani and the Giuliani Companies, jointly and severally, were Ms. Dunphy’s employer and Ms. Dunphy was employed by some or all of the Giuliani Companies. Defendants suffered and permitted Ms. Dunphy to perform work for them.
267. Giuliani had the power to control Ms. Dunphy’s work assignments. He directed her to perform work for him and the Giuliani Companies.
268. Among other matters, Giuliani instructed Ms. Dunphy to: 1) work on developing prospective business opportunities for him and the Giuliani Companies, 2) monitor his email account, 3) monitor his social media accounts, 4) handle his travel arrangements, and 5) handle his public relations.
269. Giuliani had the power to hire Ms. Dunphy and terminate Ms. Dunphy’s employment. Giuliani terminated Ms. Dunphy’s employment on or about January 31, 2021.
270. Defendants discriminated against Ms. Dunphy in the terms and conditions of her employment on the basis of her gender in violation of the NYSHRL by subjecting Ms. Dunphy to disparate treatment based upon her gender including, but not limited to, subjecting her to assault, battery, sexual harassment, and a hostile work environment.
271. Ms. Dunphy was subjected to inferior treatment and terms and conditions of her employment because of her gender. Defendants’ conduct altered the condition of Ms. Dunphy’s employment and created an offensive and abusive work environment.
272. Giuliani engaged in sexual and other harassment of Ms. Dunphy and the Giuliani Companies failed to comply with New York State requirements and to prevent sexual harassment by, among other matters, failing to have a compliant non-discrimination policy, failing to train employees such as Giuliani, failing to provide a viable complaint procedure and failing to take preventive action despite Giuliani’s known conduct.
273. Defendants engaged in discriminatory and harassing conduct by creating and permitting the hostile, intolerable, offensive and abusive workplace and permitting Giuliani’s acts.
274. As a direct and proximate result of the discriminatory, harassing, and abusive conduct of the Giuliani Companies, Ms. Dunphy is entitled to compensatory damages including but not limited to future wages, and emoluments of employment, as well as damages for mental anguish and humiliation.
275. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.
276. Defendants are jointly and severally liable for damages including but not limited to compensatory and punitive damages, interest, attorneys’ fees and civil penalties.
AS AND FOR A FIFTH CAUSE OF ACTION
(Hostile Work Environment Animated by Discrimination Under the New York State Human Rights Law as Against all Defendants)277. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
278. New York State Executive Law § 296, et seq. prohibits discrimination and harassment based on protected categories, including but not limited to being a victim of domestic violence, race, religion, national origin and gender.
279. Throughout her employment, Giuliani subjected Ms. Dunphy to harassing comments based on protected categories. As a result, she was subjected to a pervasively and severely offensive work environment.
280. Along with being subjected to verbal and other sexually abusive conduct, comments and slurs based on gender, she was subjected to a harassing environment based on other protected categories. Throughout her employment, Giuliani continually directed comments to her, including but not limited to offensive racial, antisemitic, and misogynistic slurs, all of which are unquestionably offensive to a reasonable person.
281. As a direct result of this improper hostile and abusive work environment, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including compensatory and punitive damages, interest, reasonable costs and attorneys’ fees and Defendants are liable, jointly and severally, not only for her damages but also for civil penalties.
AS AND FOR A SIXTH CAUSE OF ACTION
(Retaliatory Discharge Under the New York State Human Rights Law as Against All Defendants)282. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
283. Defendants, jointly and severally, discriminated against Ms. Dunphy because of her vocal opposition to gender harassment and discrimination.
284. Defendants retaliated against Ms. Dunphy by engaging in adverse employment action against her in retaliation for her complaints, including but not limited to terminating her employment.
285. Defendants’ termination of Ms. Dunphy’s employment followed her statements that she would sue Giuliani and the Giuliani Companies for their treatment of her, including but not limited to based on sexual harassment and gender discrimination.
286. As a result, Ms. Dunphy is entitled to damages, including but not limited to compensatory and punitive damages in an amount to be determined at trial with costs and attorneys’ fees.
AS AND FOR A SEVENTH CAUSE OF ACTION
(Aiding and Abetting Sexual Harassment and Gender Discrimination under the New York State Human Rights Law as Against all Defendants)287. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
288. New York Executive Law Section 296(6) makes it “an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so.”
289. Giuliani aided and abetted gender discrimination by conditioning Ms. Dunphy’s continued employment upon her being “obedient” and engaging in sex acts with him.
290. Giuliani made threats that private investigators would retaliate against any woman who tried to report sexual harassment.
291. Giuliani aided and abetted sexual harassment and gender discrimination by his conduct, including but not limited to subjecting Ms. Dunphy to inappropriate sexual touching, making sexual comments about her and about other prominent females, by forcing himself onto Ms. Dunphy when she rebuffed his sexual advances, and by intimidating and threatening her to prevent her from reporting his harassment.
292. The Giuliani Companies had actual knowledge or should have known of the sexual harassment and gender discrimination.
293. The Giuliani Companies aided and abetted gender discrimination by, among other things, failing to comply with their obligations under New York law. These obligations include but not limited to failing to : 1) adopting and/or maintaining and/or distributing and posting and/or follow, required policies and practices for reporting and investigating instances of gender discrimination and harassment, including but not limited to distributing the Giuliani Companies’ sexual harassment policy, 2) requiring all employees (including Giuliani) to complete New York State’s required sexual harassment training, and 3) posting required notices in all work location and regarding reporting sexual harassment. Defendants were legally required to comply with New York requirements concerning discrimination and sexual harassment and, upon information and belief, they had the authority to implement such practices and procedures.
294. As a direct and proximate result of the discriminatory conduct of Defendants, Ms. Dunphy has suffered mental anguish and humiliation, as well as damages from adverse employment actions, including but not limited to loss of future wages, professional opportunities, and other valuable benefits and emoluments of employment.
295. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.
296. Based on the foregoing, Ms. Dunphy is entitled to compensatory and punitive damages together with costs and attorneys’ fees in an amount to be determined at trial, together with interest, and Defendants are liable for civil penalties.
AS AND FOR AN EIGHTH CAUSE OF ACTION
(Sexual Harassment and Gender Discrimination Against a Contractor or Consultant under the New York State Human Rights Law as Against all Defendants)297. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
298. In the alternative to being an employee, Ms. Dunphy was a contractor or consultant within the meaning of the N.Y.S. Human Rights Law, performing a contract in Defendants’ workplace.
299. Pursuant to N.Y.S. Human Rights Law §296-d, it is an unlawful discriminatory practice for an employer to permit unlawful discrimination upon non-employees in its workplace.
300. Defendants knew or should have known that Ms. Dunphy was subjected to the aforesaid harassment and discrimination in the workplace. Nonetheless, Defendants failed to take immediate and appropriate corrective action.
301. As a result of Defendants’ conduct, Defendants are jointly and severally liable to Ms. Dunphy for monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.
AS AND FOR A NINTH CAUSE OF ACTION
(Gender Discrimination and Sexual Harassment Under the New York City Human Rights Law as Against All Defendants)302. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
303. New York City Administrative Code Section 8-107(1)(a) provides that: “It shall be unlawful discriminatory practice… [f]or an employer or an employee or agent thereof because of the actual or perceived… gender… to refuse to hire or employ or to bar or to discharge from employment such person or to discriminate against such person in compensation or in terms, conditions or privileges of employment.”
304. Defendants, jointly and severally, were Ms. Dunphy’s employer and Ms. Dunphy was employed by some or all of the Giuliani Companies.
305. A substantial part of the work Ms. Dunphy performed for Defendants took place in New York, New York.
306. Giuliani controlled Ms. Dunphy’s work assignments and directed her to perform work for him and the Giuliani Companies. Among other matters, this work included: 1) securing prospective business ventures for him and the Giuliani Companies, monitoring his email account, 3) monitoring his social media accounts, handling his travel arrangements, and handling his public relations.
307. Giuliani had the power to terminate Ms. Dunphy’s employment and did terminate Ms. Dunphy’s employment on or about January 31, 2021.
308. Giuliani sexually harassed Ms. Dunphy and by his conduct, created a hostile work environment.
309. Defendants discriminated against Ms. Dunphy by treating her less well than male employees on the basis of her sex, including but not limited to by subjecting her to sexual harassment and a hostile work environment and failing to take reasonable measures to prevent sexual harassment and sexual discrimination.
310. Upon information and belief, the Giuliani Companies did not engage in conduct to prevent discriminatory and harassing behavior, including but not limited to complying with legal requirements to avert discriminatory conduct in the workplace.
311. Upon information and belief, Giuliani did not make sexual advances against male employees, or talk with them in a demeaning or derogatory manner.
312. Defendants acquiesced in the discriminatory and harassing conduct by creating and allowing a hostile, intolerable, offensive, and abusive workplace that a reasonable person would consider intimidating, hostile, and abusive.
313. The Giuliani Companies condoned the discriminatory and harassing conduct and did not promptly correct the discriminatory, harassing, and abusive behavior. They were or should have been aware of Giuliani’s misconduct, and the damage it caused to Ms. Dunphy.
314. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights entitling her to an award of punitive damages.
315. As a direct and proximate result of the discriminatory, harassing, and abusive conduct by Defendants, Ms. Dunphy suffered monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.
AS AND FOR A TENTH CAUSE OF ACTION
(Hostile Work Environment Animated by Discrimination Under the New York City Human Rights Law as Against all Defendants)316. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
317. New York City Admin. Code § 8-107, et seq. prohibits a hostile work environment.
318. Ms. Dunphy was subjected to a severe and pervasive discriminatory work environment where she was not only abused based on her gender, but was also forced to endure offensive racial, antisemitic, and misogynistic slurs directed towards women, including herself and other women.
319. As a direct result of this improper hostile and abusive work environment, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including reasonable costs and attorneys’ fees and compensatory and punitive damages.
AS AND FOR AN ELEVENTH CAUSE OF ACTION
(Retaliatory Discharge Under the New York City Human Rights Law as Against All Defendants)320. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
321. Defendants, jointly and severally, discriminated against Ms. Dunphy because of her vocal opposition to gender harassment and discrimination.
322. Defendants retaliated against Ms. Dunphy by engaging in adverse employment action against her in retaliation for her complaints, including but not limited to terminating her employment.
323. As a result, Ms. Dunphy has suffered and will continue to suffer injury and harm in an amount to be determined at trial, including reasonable costs and attorneys’ fees and compensatory and punitive damages.
AS AND FOR AN TWELFTH CAUSE OF ACTION
(Aiding and Abetting Gender Discrimination and Sexual Harassment Under the New York City Human Rights Law as Against All Defendants)324. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
325. New York City Administrative Code Section 8-107(6) makes it “an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so.”
326. Giuliani aided and abetted gender discrimination by conditioning Ms. Dunphy’s continued employment upon her being “obedient” and engaging in sex acts with him.
327. Defendants have a policy of intimidating and ignoring female employees’ concern about sexual harassment. Giuliani made threats that private investigators would go after any woman who tried to report sexual harassment.
328. Giuliani aided and abetted sexual harassment and gender discrimination by subjecting Ms. Dunphy to inappropriate sexual touching and sexual comments about her and about other prominent females, by forcing himself onto Ms. Dunphy when she rebuffed his sexual advances, and by making intimidating comments to prevent reporting or correcting the harassing environment.
329. The Giuliani Companies knew or should have known of the illegal conduct, sexual harassment and gender discrimination.
330. The Giuliani Companies aided and abetted gender discrimination by, among other things, failing to adopt and/or maintain and/or publish or post the legally required policies and practices for reporting and investigating instances of gender discrimination and harassment. These include but not limited to providing legally required sexual harassment training to employees, enacting and distributing a legally required sexual harassment policy, and posting a legally required notice in all workspaces including office locations and Giuliani’s apartment.
331. As a direct and proximate result of Defendants’ discriminatory conduct, Ms. Dunphy has suffered mental anguish and humiliation, as well as adverse employment consequences, including loss of future wages, professional opportunities, and other valuable benefits and emoluments of employment.
332. Defendants’ conduct was willful and motivated by malice and/or reckless indifference to Ms. Dunphy’s legal rights, entitling her to an award of punitive damages.
333. As a result of the foregoing, Ms. Dunphy is entitled to compensatory and punitive damages together with reasonable costs and attorneys’ fees in an amount to be determined at trial.
AS AND FOR AN THIRTEENTH CAUSE OF ACTION
(Sexual Harassment and Gender Discrimination Relating to Freelancers and Contractors under the New York City Human Rights Law as Against all Defendants)334. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
335. In the alternative to being an employee, Ms. Dunphy was a contractor or freelancer within the meaning of the N.Y.C. Human Rights Law, performing a contract in Defendants’ workplace.
336. Pursuant to NYC. Human Rights Law § 8-107 (23), it is an unlawful discriminatory practice for an employer to permit discrimination against freelancers and contractors.
337. Defendants knew or should have known that Ms. Dunphy was subjected to the aforesaid harassment and discrimination in the workplace. Nonetheless, Defendants failed to take appropriate corrective action.
338. As a result of Defendants’ conduct, Defendants are jointly and severally liable to Ms. Dunphy for monetary damages, physical injury, pain and suffering, and serious psychological and emotional distress, entitling her to an award of compensatory and punitive damages, as well as attorneys’ fees and expenses.
AS AND FOR A FOURTEENTH CAUSE OF ACTION
(Breach of Contract as Against All Defendants)339. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
340. Giuliani and Ms. Dunphy formed an oral agreement that, inter alia, provided that Ms. Dunphy would receive a salary of $1 million per year from Giuliani and the Giuliani Companies for her role as Director of Business development and executive assistant to Giuliani, together with reimbursement for her business-related expenses.
341. Giuliani and Ms. Dunphy agreed that Ms. Dunphy’s salary would be deferred until Giuliani’s divorce was finalized, which Giuliani told Ms. Dunphy would be “any day.”
342. This agreement constitutes an enforceable contract.
343. Ms. Dunphy performed under the contract, including, without limitation, by investing substantial time into developing business revenue sources for the Giuliani Companies, managing Giuliani’s personal travel, public relations, email account, social media, and more.
344. Upon information and belief, Mr. Giuliani’s divorce is and has been finalized.
345. Defendants reimbursed Ms. Dunphy for some but not all of her business-related expenses.
346. Ms. Dunphy duly demanded payment, but Defendants failed to pay her salary.
347. Defendants, jointly and severally, breached the contract by failing and refusing to pay Ms. Dunphy the salary that she is owed after two years of work for Giuliani and the Giuliani Companies, together with her expenses.
348. In view of the foregoing, Ms. Dunphy is entitled to damages in an amount to be determined at trial.
AS AND FOR A FIFTEENTH CAUSE OF ACTION
(Violation of New York Labor Law – Minimum Wage As Against All Defendants)349. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
350. Defendants suffered and permitted Ms. Dunphy to perform work on their behalf from January 21, 2019 through January 31, 2021.
351. Ms. Dunphy performed work for Defendants for no less than forty hours per week from the date of her hire to the date of her termination.
352. Defendants failed to keep records of the hours that Ms. Dunphy worked for the Defendants.
353. Defendants failed to pay Ms. Dunphy wages for the hours she worked at the minimum wage required under New York’s Labor laws.
354. Pursuant to New York Labor Law §§ 198 and 663, Defendants are jointly and severally liable to Ms. Dunphy in the amount of minimum wage compensation she was due under New York Labor Law § 652 and New York Compilation of Codes, Rules and Regulations, Title 12, Section 142-2.1, for all hours she worked, together with liquidated damages equal to 100% of the total amount of the wages found to be due, together with attorneys’ fees and costs, and interest.
AS AND FOR A SIXTEENTH CAUSE OF ACTION
(Violation of New York Labor Law – Overtime Claim As Against All Defendants)355. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
356. New York Labor Law § 160 and 12 NYCRR § 142-2.2 require employers to compensate their employees at a rate not less than one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per workweek.
357. Defendants suffered and permitted Ms. Dunphy to perform work on their behalf which regularly totaled more than 40 hours per week.
358. Defendants failed to pay Ms. Dunphy overtime pay for the hours that Ms. Dunphy worked over 40 per week.
359. Defendants failed to keep records of the hours that Ms. Dunphy worked for the Defendants.
360. Ms. Dunphy is entitled to her overtime pay for all hours worked in excess of forty per week at one and one-half times her regular rate.
361. Ms. Dunphy is also entitled to liquidated damages, interest, and attorneys’ fees for Defendants’ violations of the New York Labor Law.
AS AND FOR A SEVENTEENTH CAUSE OF ACTION
(Violation of New York Labor Law for Failure to Provide Notice and Acknowledgement of Wage Rate As Against All Defendants)362. Ms. Dunphy repeats, reiterates and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
363. Defendants failed to provide Ms. Dunphy with an accurate Notice and Acknowledgement of Wage Rate as required by New York Labor Law § 195(1) and (2).
364. As a result, Defendants are liable for statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.
AS AND FOR AN EIGHTEENTH CAUSE OF ACTION
(Violation of New York Labor Law for Failure to Provide Wage Statements As Against All Defendants)365. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
366. Defendants failed to provide accurate and timely wage statements as required by New York Labor Law § 195(3).
367. As a result, Defendants are liable for statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.
AS AND FOR A NINETEENTH CAUSE OF ACTION
(Unjust Enrichment As Against All Defendants)368. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
369. As discussed in detail above, Ms. Dunphy performed work for Giuliani and the Giuliani Companies from January 21, 2019 through January 31, 2021.
370. Ms. Dunphy invested substantial time and effort to create new streams of revenue for the Giuliani Companies as Director of Business Development.
371. Ms. Dunphy also invested substantial time and effort into arranging Giuliani’s travel, managing his email account and schedule, managing his social media accounts, obtaining new business opportunities for him and managing his public relations as Giuliani’s personal executive assistant.
372. Ms. Dunphy’s work for and on behalf of Giuliani and the Giuliani Companies resulted in the Defendants obtaining significant and valuable benefits.
373. Giuliani and the Giuliani Companies have failed to compensate Ms. Dunphy for her work for and on behalf of Giuliani and the Giuliani Companies.
374. It would be against equity and good conscience to permit Giuliani and the Giuliani Companies to retain the benefits of Ms. Dunphy’s labor, while failing to compensate Ms. Dunphy.
375. In view of the foregoing, Ms. Dunphy is entitled to actual, presumed, punitive, and other damages in an amount to be determined at trial.
AS AND FOR A TWENTIETH CAUSE OF ACTION
(Quantum Meruit As Against All Defendants)376. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
377. Relying on Giuliani’s promise to pay $1 million per year in deferred payments, Ms. Dunphy performed substantial services for Giuliani and the Giuliani Companies, several examples of which are detailed above.
378. Giuliani and the Giuliani Companies knowingly accepted Ms. Dunphy’s services.
379. Ms. Dunphy had a reasonable expectation that she would be compensated for the services she provided to the Giuliani Companies including, but without limitation, her deferred pay as Director of Business Development and executive assistant to Giuliani.
380. Giuliani and the Giuliani Companies have failed and refused to pay Ms. Dunphy for her services rendered.
381. In view of the foregoing, Ms. Dunphy is entitled to actual, presumed, punitive, and other damages in an amount to be determined at trial.
AS AND FOR A TWENTY-FIRST CAUSE OF ACTION
(Violation of the Freelance Isn’t Free Act As Against All Defendants)382. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
383. N.Y.C. Admin. Code § 20-928 provides that “[w]henever a hiring party retains the services of a freelance worker and the contract between them has a value of $800 or more, either by itself or when aggregated with all contracts for services between the same hiring party and freelance worker during the immediately preceding 120 days, the contract shall be reduced to writing.”
384. NYC Admin. Code § 20-927 defines “freelance worker” as “any neutral person or organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.”
385. In the event that Ms. Dunphy is found to not have been an employee and, in the alternative, pursuant to N.Y.C. Admin. Code § 20-927, Ms. Dunphy was a freelance worker in that she was hired or retained by Giuliani and the Giuliani Companies to provide services in exchange for compensation.
386. N.Y.C. Admin Code 20-927 defines “hiring party” as “any person who retains a freelance worker to provide any service…”
387. Giuliani and the Giuliani Companies were hiring parties within the meaning of the statute because they retained and received Ms. Dunphy’s services.
388. Giuliani and the Giuliani Companies agreed to pay Ms. Dunphy $1 million per year for her work.
389. Giuliani and the Giuliani Companies failed to provide Ms. Dunphy with a written contract despite their agreement to pay her more than $800 for her work.
390. Ms. Dunphy performed the work she agreed to perform but was not paid by Defendants for her work.
391. Pursuant to N.Y.C. Admin. Code § 20-933(2)(b) Ms. Dunphy is entitled to double damages and payment of attorneys’ fees.
AS AND FOR A TWENTY-SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty as Against Giuliani)392. Ms. Dunphy repeats, reiterates, and re-alleges each and every allegation set forth in the preceding paragraphs as if set forth in full herein.
393. A relationship of trust and confidence existed between Ms. Dunphy and Giuliani as a result of their attorney-client relationship.
394. A relationship of trust and confidence existed between Ms. Dunphy and Giuliani as a result of their employer-employee relationship.
395. Giuliani owed Ms. Dunphy fiduciary duties of good faith, fidelity and undivided loyalty, and knew and was aware that Ms. Dunphy was relying on him to represent her interests, to pay her deferred salary, that Giuliani was in a superior position, and that Ms. Dunphy depended upon him to treat her fairly and disinterestedly.
396. Giuliani took advantage of Ms. Dunphy’s reliance on him to manipulate her into an unwanted sexual relationship.
397. Giuliani also neglected his duties of good faith, fidelity, and undivided loyalty by acting in his own self-interest while rendering Ms. Dunphy’s personal needs and interest subservient.
398. As a direct and proximate result of Giuliani’s breach of his fiduciary duties, Ms. Dunphy has been damaged in an amount to be determined at trial. Moreover, Giuliani’s actions were willful and wanton and constituted a public wrong sufficient to warrant punitive damages.
PRAYER FOR RELIEFWHEREFORE, Ms. Dunphy respectfully requests that the Court enter judgment in her favor, and against Defendants, in an amount not less than ten million dollars ($10,000,000.00), as follows:
(1) On the First Cause of Action, compensatory and punitive damages, as well as attorneys’ fees and expenses, in an amount to be determined at trial.
(2) On the Second Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.
(3) On the Third Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.
(4) On the Fourth Cause of Action, an award of compensatory and punitive damages, as well as attorneys’ fees and expenses in an amount to be determined at trial, together with civil penalties.
(5) On the Fifth Cause of Action, an award of compensatory and punitive damages, as well as attorneys’ fees and expenses in an amount to be determined at trial, together with civil penalties.
(6) On the Sixth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(7) On the Seventh Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(8) On the Eighth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(9) On the Ninth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(10) On the Tenth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(11) On the Eleventh Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(12) On the Twelfth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(13) On the Thirteenth Cause of Action, an award of compensatory and punitive damages with costs and attorneys’ fees in an amount to be determined at trial together with civil penalties.
(14) On the Fourteenth Cause of Action, an award to be determined at trial of not less than Two Million Dollars, plus interest, less minimal cash payments, plus expenses.
(15) On the Fifteenth Cause of Action an award of minimum wage compensation she was due under New York Labor Law § 652 and New York Compilation of Codes, Rules and Regulations, Title 12, Section 142-2.1, together with liquidated damages equal to 100% of the total amount of the wages found to be due, together with attorneys’ fees and costs, and interest in an amount to be determined at trial.
(16) On the Sixteenth Cause of Action an award of overtime pay for all hours worked in excess of forty per week at one and one-half times her regular rate, together with liquidated damages, interest, and attorneys’ fees in an amount to be determined at trial;
(17) On the Seventeenth Cause of Action, an award of statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.
(18) On the Eighteenth Cause of Action, an award of statutory fees and penalties pursuant to New York Labor Law § 198, together with reasonable attorneys’ fees.
(19) On the Nineteenth Cause of Action, an award of actual, presumed, punitive, and other damages in an amount to be determined at trial.
(20) On the Twentieth Cause of Action, an award of actual, presumed, punitive, and other damages in an amount to be determined at trial.
(21) On the Twenty-First Cause of Action, an award to be determined at trial of not less than Two Million Dollars, plus interest, less minimal cash payments, plus expenses.
(22) On the Twenty-Second Cause of Action, an award of compensatory and punitive damages, in an amount to be determined at trial.
(23) Awarding to Ms. Dunphy all costs, disbursements, fees, and interest as authorized by applicable law; and
(24) Awarding to Ms. Dunphy such other and additional remedies as the Court may deem just and proper.
Dated: Brooklyn, New York
May 15, 2023
ABRAMS FENSTERMAN, LLP
/s/ Justin T. Kelton
Justin T. Kelton
Sharon P. Stiller
Amanda P. Small
1 MetroTech Center, Suite 1701
Brooklyn, NY 11201
Tel: (718) 215-5300 x 501
Fax: (718) 215-5304
Email:
[email protected]Email:
[email protected]Email:
[email protected]Attorneys for Plaintiff Noelle Dunphy
_______________
Notes:1 As discussed further below, Giuliani gave Ms. Dunphy permission to record their interactions.
2 Ms. Dunphy was granted permission to proceed under the pseudonym Jane Doe in that lawsuit.
3 Upon information and belief, Giuliani’s law licenses have been suspended in New York and Washington, D.C.
4
https://www.dailymail.co.uk/news/articl ... ssistants- married-mother.html
5
https://abcnews.go.com/GMA/story?id=126961&page=1; see also
https://nypost.com/2000/05/11/former-ru ... areferred- to/
6
https://www.nydailynews.com/news/politi ... r-leblanc- 20180613-story.html
7 When Giuliani made this job offer to Ms. Dunphy, Giuliani understood that Ms. Dunphy would be financially reliant on him and the Giuliani Companies—particularly since Giuliani required that Ms. Dunphy be available 24/7, leaving no time for her to pursue any other source of employment or income.
8 Ms. Dunphy was surprised to learn during the discussion that Giuliani did not know what a podcast was, so she educated him about podcasts.
9 Giuliani stored emails relating to these schemes on Ms. Dunphy’s computer.
10 Giuliani often discussed this while comparing himself to Chuck Rhoades, the fictional U.S. Attorney for the Southern District of New York on the Showtime series Billions, who enjoyed such conduct. Giuliani bragged that the character Chuck Rhoades—a deeply flawed character who wildly abuses his power—was inspired by him.
11 Giuliani never made the promised payments.
12 Ms. Dunphy had encouraged him to register, but he refused because he claimed, “I have immunity.”
13 From this point on, Giuliani often spoke to Ms. Dunphy about he FBI’s investigation of him, and Ms. Dunphy understood that participating in these discussions was part of her work for him. He told her that if the FBI sought to interview her, she should “not remember” anything, and should claim that she did not know Giuliani. Ms. Dunphy refused to agree to lie to the FBI, which angered Giuliani.
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