(FILED: MONROE COUNTY CLERK 07/23/2018 04:34 PM INDEX NO. £2018008371 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018 #2 7/93/18 STATE OF NEW YORK -SUPREME COURT _ MONROE COUNTY MEROUANE LAKEHAL-AYAT, inti FIRST AMENDED oe COMPLAINT ~ against - ‘ST. JOHN FISHER COLLEGE, Index No.: PATRICIA WOLLAN, and MARCIA O'BRIEN E-2018004371 Defendants. Merouane Lakehal-Ayat (“Lakehal-Ayat” or “PlaintifP") by and through his attorney Peter J. Glennon of The Glennon Law Firm, P.C., brings this complaint against St. John Fisher College (“College”), Patricia Wollan (“Wollan”) and Marcia O'Brien (“O'Brien”) (collectively, “Defendants”) and alleges upon information and belief as follows: PRELIMINARY STATEMENT 1, Plaintiffis an individual who resides at 15 Wood Lily Lane, Town of Fairport, County of Monroe, New York. 2. Defendant St. John Fisher College was and is an educational institution chartered and existing as a college under laws of the State of New York and conducts and manages a college for education in the Town of Pittsford, County of Monroe, State of New York, with principal place of business located at 3690 East Avenue, Rochester, New York 14618, 3. Upon information and belief, Defendant Patricia Wollan is an individual who resides in Monroe County, State of New York. 4, Upon information and belief, Defendant Marcia O’Brien is an individual who resides in Monroe County, New York.No. £2018004371 (FILED: MONROE COUNTY CLERK 07/23/2018 04:34 + 07/23/2018 5. This Court has jurisdiction over this action with respect to Defendants pursuant to CPLR 301 because Defendants reside and do business within the State, 6. Plaintiff hereby demands a trial by jury of all issues presented herein, FACTUAL BACKGROUND Plaintiff is employed by St. John Fisher College as a tenured professor of finance in the College's School of Business and has been so employed since 1986. Plaintiff teaches finance courses. Without any basis or written explanation other than attempts by College representatives to bully him into retirement, Plaintiff was suspended with pay on November 27, 2017 from his teaching duties. As of the date of this Amended Complaint, Plaintif? remains a tenured College faculty member suspended with pay. 8. Defendant Marcia O’Brien is employed by St. John Fisher College as a professor and Chair of the Accounting and Finance Department at the School of Business, Upon information and belief, on or about November 27, 2017, O'Brien told the attendees at the 2:00 P.M, and 4:00 P.M. faculty department meetings that Plaintiff had been fired and was not coming back. 9. Defendant Patricia Wollan is employed by St. Jobn Fisher College as an associate professor of finance at the School of Business. Wollan was assigned by the College to cover Plaintiff's classes after the abrupt suspension. Upon information and belief, on or about November 28, 2017, and between November 28, 2017 and December 15, 2018, Wollan, while in the course of her duties conducting Plaintiff's classes and while in the course of her employment for the College, told Dr. Lakehal-Ayat's former class that Plaintiff had been “fired and was not coming back.” 2 of 3(FILED: MONROE COUNTY CLERK 07/23/2018 04:34 PM INDEX NO. 62018004371 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/23/2018 10, Onorabout and during December 2017, Wollan became the faculty adviser to the St. John Fisher College Investment Club, an organization organized and operated for the education and benefit of St. John Fisher College students. Upon information and belief, in her capacity as adviser to the Investment Club and during December 2017, Wollan stated to the student members of the club that Plaintiff had been fired. CAUSE OF ACTION FOR DEFAMATION PER SE 11. Atthe times O’Brien and Wollan told the students that Plaintiff had been “fired and was not coming back”, PlaintifFhad in fact only been suspended. O'Brien's and Wollan’s statements were false. 12. Onseparate occasions, Defendant Patricia Wollan also told other people outside of classrooms that Plaintiff had been “terminated due to exploitation of students.” At the time of that statement, Plaintiff had only been suspended. Again, Wollan’s statement was false. 13, At the time O"Brien told the faculty members in attendance at the department faculty meetings that Plaintiff had been fired and not coming back, Plaintiff had only been suspended. O’Brien’s statement was false. 14. Upon information and belief, after Plaintiff was suspended, by the College, the ‘Accounting and Finance Department, which has only four tenured faculty members, began a hiring process to replace Plaintiff permanently. The Accounting and Finance Department hhad department votes for Plaintiff's replacement in February 2018, which implied that Plaintiff had been fired. 15, Accordingly, the words spoken and actions taken about Plaintiff were false and defamatory, and gave the students and faculty the unmistakable impression that Plaintiff, a 3 0f 5