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peter cedeno vs atesa pacelli sexual abuse lawsuit gironza's complaint cedeno's answer gironza's response peter l. cedeno - sleazy nyc lawyer filed: new york county clerk 12/07/2016 04:15 pm index no. 158224/2016 nyscef doc. no. 12 received nyscef: 12/07/2016 supreme court of the state of new york county of new york verified amended complaint index no. 158224/2016 atesa pacelli and anthony pacelli, plaintiffs, -against- peter l. cedeno & associates, p.c., and peter l. cedeño, esq., defendants. table of contents the parties summary of complaint atesa's retention of defendants cedeno's initial efforts to develop a sexual relationship with atesa cedeno delays the case to further his relation with atesa the flirtation continues although anthony and atesa are seeking reconciliation the late july text messages the events at the execution of the settlement agreement cedeno solicits a sexual relationship with atesa the sexual banter continues the attempted august 5 tryst atesa and cedeno consummate their sexual relationship atesa displays her confusion and vulnerability cedeno continues to represent atesa until august 19, 2016 cedeno resists the implications of his actions anthony learns the full extent of atesa's sexual relationship with her attorney count i - breach of fiduciary duty count ii - violation of judiciary law 487 count iii - battery/sexual assault, in the alternative count iv - battery/sexual assault, in the alternative to count iii count v - intentional infliction of emotional distress count vi - loss of consortium verification plaintiffs, by and through their undersigned counsel, for their verified amended complaint against defendants, allege as follows: the parties atesa pacelli (“atesa”) is married to anthony pacelli and has a residence at 325 north end avenue, apartment 23a, new york, ny 10282. anthony pacelli (“anthony”) is married to atesa and has a residence at 325 north end avenue, apartment 23a, new york, ny 10282. peter l. cedeño & associates, p.c. is a law firm and new york professional corporation with its principal place of business at 111 broadway, suite 707, new york, new york 10006. the law firm is sued here for its actions as alleged below, and for the personal activities of defendant peter cedeño under the principle of respondeat superior. peter l. cedeño, esq. (“cedeño”) is a matrimonial attorney practicing law in the state of new york with a personal residence at 33 buckingham road, ramsey, new jersey 07446. the basis of venue in new york county is cplr § 503. 1 of 45 summary of complaint atesa hired cedeño to represent her in a divorce proceeding against anthony at a time when atesa was particularly vulnerable, both emotionally and financially. she faced, inter alia, a pending divorce proceeding, a possible loss of child custody, a criminal matter stemming from a recent arrest for assault relating to the divorce proceeding, and a then-ongoing acs investigation that threatened her relationship with her child. cedeño, a trusted fiduciary with regard to many of these issues, stressed his ability to obtain positive results for atesa. cedeño made use of especially sensitive personal information learned in the context of the attorney-client relationship, not to advance atesa’s legal interests but in an ultimately successful effort to develop a sexual relationship with atesa. to further this objective cedeño delayed the proceedings, lying to the court and to the parties in the process. he used the delays he wrongfully created to get closer personally to atesa. and cedeño’s efforts to further a sexual relationship with atesa only intensified after cedeño learned that the plaintiffs were trying to reconcile. but cedeño never developed, and given his role and the inherent power imbalance in the relationship could never develop, a consensual sexual relationship with atesa. instead cedeño sexually assaulted atesa. the sexual assault, the intentional delays which preceded it, and the deliberate interference with anthony’s and atesa’s efforts to reconcile have caused the plaintiffs to suffer immense emotional and financial damages. indeed, cedeño’s ongoing flirtation with his client, and his quest to develop a sexual relationship with her, demonstrate that he placed his own personal interests ahead of those of his vulnerable client, a breach of his fiduciary obligations. accordingly, cedeño and his law firm should be held liable for sexual assault/battery, breach of fiduciary duty, violations of judiciary law §487, intentional infliction of emotional distress, and loss of consortium, and be required to pay commensurate actual and punitive damages. 2 of 45 factual background atesa’s retention of defendants atesa had no relationship with cedeño, professionally or personally, prior to retaining him and his law firm on june 3, 2016. atesa’s divorce from anthony was highly contentious. atesa was vulnerable throughout the pendency of the divorce proceedings due to the adversarial nature of the proceeding and the emotional and financial constraints the divorce placed on her. atesa was also defending herself from accusations of drug abuse and assault, which placed an additional strain on her emotionally. atesa was arrested on or about may 9, 2016 for a claim of assault against anthony. on or about that time, a temporary order of protection was entered which prevented anthony and atesa from having any contact with each other. because anthony and atesa could not discuss amongst themselves a possible settlement, or even ways to streamline the case, the temporary order of protection gave cedeño more control over the pace of the proceedings, and the flow of information about anthony’s actions and intentions in the divorce, than would ordinarily be the case. cedeño was atesa’s third attorney retained in connection with the contemplated divorce. in order to pay defendants’ retainer, atesa maxed out her credit card and paid defendants in several installments. on june 8, 2016, cedeño text messaged atesa: “btw do u have your child this evening? say after 5pm? considering seeing u after i'm done in court.” 3 of 45 atesa rebuffed cedeño’s attempts to schedule the meeting at an off-hour time and, instead, suggested they meet at their originally scheduled time the next day. this evidences the beginning of cedeño’s attempts to meet with atesa at inappropriate times in order to manipulate her into establishing a sexual relationship with him. at meetings with atesa on june 3 and 9, 2016, cedeño informed atesa that he believed strongly in the merits of her case and that he would be able to ensure custody of her young child. atesa’s prior lawyers had not expressed such confidence. also at the june 9 meeting, cedeño told atesa he had a good relationship with justice matthew cooper and that he could go outside of the normal channels to get the case assigned to justice cooper, who was originally assigned to the pacelli’s divorce, and who cedeño considered to be more favorable to atesa than the judge then assigned to the case, justice tandra dawson. cedeño had also discussed reaching out to justice cooper at the june 3 meeting with atesa. as a result of cedeño’s purported confidence, atesa placed a great deal of trust in him and his law firm, and developed a strong personal connection with cedeño at an especially vulnerable time in her life. atesa also revealed many intimate details of her personal life and history to cedeño in an effort to secure the best legal advice possible. moreover, as atesa had already paid two (2) other attorneys’ retainers, atesa was under great stress financially to ensure a continued attorney relationship with defendants. cedeño knew or should have known that atesa had no reasonable prospect of switching lawyers. cedeño’s initial efforts to develop a sexual relationship with atesa at the meeting on june 9, 2016, cedeño commented on atesa’s appearance calling her “beautiful” and stating she looked “ten years younger” than her actu

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Domain Name: SLEAZYNYCLAWYER.COM
Registry Domain ID: 2280517523_DOMAIN_COM-VRSN
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  PORT 43

  TYPE domain
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  NAME sleazynyclawyer.com

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