The relatives of a cabdriver who died of heart attack while changing a tire is suing the NYPD for taking two days to notify them — delaying their right to perform time-sensitive traditional Muslim rituals, they claim.
Magdy Abouzaid, 61, died on Aug. 30, 2017, on the shoulder of the Henry Hudson Parkway.
According to the family’s Manhattan Supreme Court lawsuit, cops, “recklessly listed Mr. Abouzaid as an unidentified person — even though Mr. Abouzaid’s hack license was displayed prominently inside his cab,” and his wallet with ID and phone were in the car.
Last month, losing patience, a Manhattan judge ordered the lawyers to explain the delays in a formal memorandum, adding that they needed to get it personally signed by Ms. Miller to ensure “she has approved.”
“There have been fights about the most unnecessary things,” Joshua Moskovitz, one of Ms. Brown’s lawyers, said. “There have been fights about things they know they can’t win and fights where it seems like they’re just fighting. It actually feels tactical at times. It happens too often to be coincidental.”
The family’s lawyer, Joshua Moskovitz told the Daily News that it’s not clear where the firearm was found and that arrest paperwork indicated cops had a search warrant, but he has yet to see it.
“They were outraged and incredibly embarrassed,” Moskovitz explained. “Imagine the anxiety of having your entire family hauled out of their home, not fully clothed, to be taken down to a police precinct with your children.”
Moskovitz said the family was further angered to learn that one of the officers — Grieco — had a history of misconduct accusations against him.
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Moskovitz urged the NYPD to take Grieco, a 12-year veteran, off the street.
“It’s an impossible coincidence that so many arrests of his have led to charges not being brought, or being dismissed if, in fact, they were good searches,” Moskovitz said. “Any reasonable employer with an employee with this kind of record would see that these complaints add up to a problem.”
Josh Moskovitz, an attorney with the New York City firm Bernstein, Clark & Moskovitz, has specialized in public sector discrimination cases. The biggest barrier for reports is fear of retaliation from clients, potential clients and witnesses – that hasn't changed in the #metoo era.
"People who would’ve reported before are more empowered," he said. "But people who were afraid of retaliation before are equally afraid of retaliation."
Having a strong anti-harassment policy is a start, but municipalities have to show they'll follow through on them and take accusers' concerns seriously.
"They want an ability to be able to go to someone and voice a concern about them," Moskovitz said.
Josh Moskovitz, an attorney for Abbate, said he understands that the town was notified of the existence of the recently-surfaced tape during its investigation. Town officials haven't commented on the specifics of the investigation, so it isn't clear if they were given the recording or if it was a factor in the findings.
Moskovitz responded to the findings in a letter to the town Monday. He said Harrison should hire an independent investigator to lead a new probe.
“A trustworthy investigation – one led by an independent committee and not lawyers working to defend the Town – is needed to bring transparency and accountability to this matter,” Moskovitz said in the letter.
Part of the recording was transcribed in Moskovitz's letter, with the attorney using the alias “Jane” for the womanwho owned the cellphone.
Moskovitz said the audio shows Olsey acknowledging at least parts of Abbate’s complaints. Abbate had accused the former chief of texting her sexual rap lyrics, and in the recording Olsey is heard discussing sending rap lyrics. He says that what is on “Jane’s” phone would corroborate Abbate’s story.
The Falun Gong is represented by Terri Marsh of the Washington, D.C.-based Human Rights Law Foundation; Jonathan Moore and Keith Szczepanski of Beldock Levine & Hoffman; and Joshua Moskovitz of Bernstein Clarke & Moskovitz.
Moskovitz said that the two sides in the case have held settlement talks, but said Weinstein’s decision was significant in that the judge recognized the role that religious institutions play in providing social services.
“I think what he did was the right decision,” Moskovitz said.
The Falun Gong’s legal team includes Terri Marsh of the Washington, D.C.-based Human Rights Law Foundation; Jonathan Moore and Keith Szczepanski of Beldock Levine & Hoffman; and Joshua Moskovitz of Bernstein Clarke & Moskovitz.
“It’s, at its heart, a religious and spiritual practice that is deserving of recognition under the laws of the U.S. in this case,” said Moskovitz in an interview regarding Weinstein’s finding on whether or not the Falun Gong is considered a religion.
“It is obvious that the decision not to permanently designate (Abbate) a Detective and instead promote a less-experienced officer was retaliatory,” the lawsuit, filed by Abbate’s attorney Joshua Moskovitz, said.
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Moskovitz, Abbate's attorney, said he is aware that there is discussion within the department that some officers were pressured by superiors to defer interest in the promotions. He said he'd expect that to come up if the deferments are used as a defense by the town.
He criticized the town for not responding to two letters he sent about the promotions and called it improper that elected officials would ignore Abbate's concerns.
"I don't think it's OK just to sit silent and force people to have to go to court in order to get any kind of a response from their own government," Moskovitz said.
Abbate's attorney, Joshua Moskovitz, said he was disappointed by her interview Thursday by the town attorney's office.
"I was hopeful that the interview would go well and relieve some concerns that I had about how they would approach it, but to me it just smacked of retaliation," he said Thursday night.
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Moskovitz said Harrison attorneys demanded that Abbate turn over her town-issued cellphone as part of the investigation, and that a police officer followed her home to take it from her.
"I found it deeply troubling," he said. "We were treated very much like we had already filed a lawsuit and they were the defense attorneys, or like Det. Abbate was the one being investigated."
Moskovitz said the town indicated that Olsey would be interviewed at some point. He said he's not sure if Abbate will pursue a lawsuit.
Ivan Martinez, 25, might have been wrongly convicted if the witness, Woodrow Ward, didn't recant, according to Joshua Moskovitz, Martinez's attorney in a lawsuit against the NYPD.
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Moskovitz, though, said police acted "egregiously" and that arrests and prosecutions based on one witness are far too common.
"This is not unusual, unfortunately," he said.
Joshua Moskovitz, one of Syed’s lawyers, lauded the reversal of course.
“What makes New York City unique are the many cultures and religions represented here,” he said. “By embracing those differences and having officers of all walks of life in positions at every level of the department, the NYPD will be a better and more effective police department.”
Attorney Joshua Moskovitz, representing Syed, told Castel the department's policy violates the First Amendment and threatens Syed's job, his retirement benefits and his reputation. He said the department took Syed's shield and weapon Tuesday before he "was escorted out in front of his friends and colleagues."
But Asensio's lawyer, Andrew M.J. Bernstein, said his client went to the apartment a short time earlier than when he was scheduled to pick up their 11-year-old daughter that day because he didn't know if the girl was safe.
"Mr. Asensio is an excellent father who loves his daughter very much. On the date of the incident, he committed no crime," said the attorney from Bernstein & Clarke PLLC. "On the contrary, he acted as any responsible parent would under the circumstances. He did not know who, if anyone, was watching his daughter."
The plaintiff's attorney, Joshua Moskovitz, used similar footage during Myles' testimony to show Marshall extending his arm in what appeared to be the direction of Myles, though it was tough to tell whether he touched her, grabbed her or hit her.
Maiglow says Stallings Harte had him busted in September 2015 after he wrote her a note asking if she was going to apologize for having brought him up on internal charges a year earlier.
The papers say she had accused Maiglow, who spent 17 years teaching at I.S. 292 in East New York, of harassing her and abusing Department of Education time when he participated in a September 2014 demonstration protesting the dismissal of the school's principal.
The charges against Maiglow were unsubstantiated, but his lawyers, Joshua Moskovitz and Keith Szczepanski, said that the disciplinary process took a toll on Maiglow's health, forcing him to retire in the spring of 2015.
After his disciplinary charges were tossed, Maiglow sent Harte emails last September asking her to apologize for making false allegations and saying he was filing complaints with city officials.
On Sept. 22, 2015, court papers say, Stallings Harte reported to cops that Maiglow had sent her three threatening emails "indicating that he knew where she and her family lived and vacationed."
Joshua Moskovitz, another lawyer representing an OWS protesters in a pending lawsuit, said he hopes the NYPD will better train cops on how to use the spray.
"I'm sure there are occurrences where pepper spray is useful and has been used in an appropriate manner," he said. "I've only seen it in a way that exacerbates the situation."
"I thought the majority opinion was a very careful and well-reasoned opinion on the excessive force claim," Brown's lawyer, Joshua Moskovitz, told us this morning. "It's rare to see judges be so careful about scrutinizing the evidence on excessive force."
Moskovitz also said that the officers' lack of courtesy towards his client factored large in the reverse ruling. "If these officers had been the least bit courteous, none of this would have happened," he said. "Too many police-citizen interactions escalate in a way that needn't happen, and I think the jude recognized the need for civility in these types of encounters."
Moskovitz added that he "was disappointed about false arrest, because I think we have a valid claim."
"These are the same baseless comments that Donald Trump has been making for decades. The fact that he continues to self-promote through racially derogatory statements shows that his judgment is as poor today as it was back in 1989," said attorney Joshua Moskovitz of Beldock, Levine & Hoffman.
Scott's lawyer, Andrew Bernstein, told Judge Abraham Clott his client has been driving a cargo van for a restaurant that caters events.
He asked for bail, citing Scott's strong ties to the community and his relatively clean criminal record.
"He has lived in New York and Long Island his entire life," Bernstein said.
Prosecutors offered a sex offender program in exchange for a guilty plea, but Vasquez's attorney, Andrew Bernstein, said it would be "highly inappropriate" in this case.