NOT_ASSIGNED_Nicholas_Hudson_v_Donald_J_Trump_et_al_SUMMONS___COMPLAINT_1.pdf -

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CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Nicholas Hudson Index No. [type in Index No] Plaintiff(s), -against- Summons Donald J. Trump, Rudolph Giuliani, The Trump Organization, Inc., and Deutsche Bank Trust Corporation Date Index No. Purchased: Defendant(s). To the above named Defendant(s) Donald J. Trump 725 Fifth Avenue, Penthouse New York City, NY 10022 You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is CPLR § 503 which is Personal domicile, primary place of business, and situs of tortious events Dated: Brooklyn, NY January 21, 2021 Appearing pro se by__________________________ Nicholas Hudson Attorneys for Plaintiff Nicholas Hudson 8801 5th Ave #90026 Brooklyn, NY 11209-9997 +1 (646) 360-0352 [email protected] This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 1 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Nicholas Hudson Index No. [type in Index No] Plaintiff(s), -against- Summons Donald J. Trump, Rudolph Giuliani, The Trump Organization, Inc., and Deutsche Bank Trust Corporation Date Index No. Purchased: Defendant(s). To the above named Defendant(s) Rudolph Giuliani 445 Park Ave, Ste 18A New York, New York, 10022 You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is CPLR § 503 which is Personal domicile, primary place of business, and situs of tortious events Dated: Brooklyn, NY January 21, 2021 Appearing pro se by__________________________ Nicholas Hudson Attorneys for Plaintiff Nicholas Hudson 8801 5th Ave #90026 Brooklyn, NY 11209-9997 +1 (646) 360-0352 [email protected] This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 2 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Nicholas Hudson Index No. [type in Index No] Plaintiff(s), -against- Summons Donald J. Trump, Rudolph Giuliani, The Trump Organization, Inc., and Deutsche Bank Trust Corporation Date Index No. Purchased: Defendant(s). To the above named Defendant(s) The Trump Organization, Inc. 725 Fifth Avenue New York City, NY 10022 You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is CPLR § 503 which is State of incorporation, primary place of business, and situs of tortious events Dated: Brooklyn, NY January 21, 2021 Appearing pro se by__________________________ Nicholas Hudson Attorneys for Plaintiff Nicholas Hudson 8801 5th Ave #90026 Brooklyn, NY 11209-9997 +1 (646) 360-0352 [email protected] This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 3 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Nicholas Hudson Index No. [type in Index No] Plaintiff(s), -against- Summons Donald J. Trump, Rudolph Giuliani, The Trump Organization, Inc., and Deutsche Bank Trust Corporation Date Index No. Purchased: Defendant(s). To the above named Defendant(s) Deutsche Bank Trust Corporation/Deutsche Bank Trust Company Americas 60 Wall St New York, New York 10005 You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is CPLR § 503 which is State of incorporation, primary place of business, and situs of tortious events Dated: Brooklyn, NY January 21, 2021 Appearing pro se by__________________________ Nicholas Hudson Attorneys for Plaintiff Nicholas Hudson 8801 5th Ave #90026 Brooklyn, NY 11209-9997 +1 (646) 360-0352 [email protected] This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 4 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X NICHOLAS HUDSON, : Index No. __________/______ an individual, Plaintiff, : Hon. ___________________ : -against- : VERIFIED COMPLAINT DONALD J. TRUMP, : an individual, RUDOLPH GIULIANI, : an individual, THE TRUMP CORPORATION, INC., : a corporation, and DEUTSCHE BANK TRUST CORPORATION, : a corporation, Defendants. : – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –X This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 5 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Plaintiff NICHOLAS HUDSON, appearing pro se, brings this action against DONALD J. TRUMP, RUDOLPH GIULIANI, THE TRUMP CORPORATION, INC., and DEUTSCHE BANK TRUST CORPORATION and alleges as follows: INTRODUCTION 1. Defendants maliciously, wilfully, intentionally, and knowingly civilly conspired to deprive Plaintiff, by force of arms, of the benefit of his electors for the Electoral College in the 2020 Presidential Election of the United States (“2020 Election”). This is an action to remedy Defendants’ tortious interference against Plaintiff’s rights as damnum iniuria datum suffragio (“suffragio”), a common-law cause of action guaranteed to Plaintiff by the Constitution of the State of New York (NY Const art I, II), statute (Election Law §§ 12-100-12-110), and the common-law authority of the New York judiciary (Judiciary Law §§ 2-a, 2-b). 2. Plaintiff seeks eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00) as compensatory damages, as well as punitive damages, interest, costs, attorney’s fees, and any and all other relief entitled to at law. JURISDICTION AND VENUE 3. Jurisdiction in this action is based on CPLR § 301 and Judiciary Law § 140-b.. 4. Venue for this action is proper in the County of New York pursuant to CPLR § 503. PARTIES 5. Plaintiff Nicholas Hudson is an individual who resides in Brooklyn, Kings County, New York. 2 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 6 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Upon information and belief, Plaintiff avers each of the following paragraphs, 6-11: 6. Defendant Donald J. Trump is an individual who resides in New York City, New York County, New York. Admittedly, Defendant Trump claimed in September 2019 to have left New York and redomiciled in Florida, specifically at The Mar-a-Lago Club in Palm Beach, Palm Beach County, Florida. However, this attempt has failed: under New York, Florida, and federal law, domicile is determined not just by physical presence but also intent: until an individual manifests an intent to permanently make a state home, one’s domicile remains where it was. Zimmerman v Mingo​, 171 AD2d 662, 662 [2d Dept 1991] 7. However, Defendant Trump not only has not manifested an intent to remain at Mar-a-Lago permanently, he cannot manifest such an intent, and knows it. In 1993, Defendant Trump signed the Use Agreement with the Town of Palm Beach, agreeing to never use Mar-a-Lago as a residence nor to stay there more than a total of twenty-one days a year, with no more than seven consecutive days. In exchange for this promise, Defendant Trump received the valuable consideration of zoning exemptions that allowed him to develop Mar-a-Lago as a club. As such, his sworn promise not only amounts to a contract, but also a covenant running with the land. Defendant Trump was heavily involved in the negotiations and personally signed the Use Agreement; thus, he is well aware that he cannot legally reside at Mar-a-Lago, and ought to be estopped from claiming it as his domicile. Under New York law, then, his residence remains in New York County. Additionally, Defendant Trump claims sole, majority, or plurality ownership of the various entities Defendant The Trump Organization, Inc. comprises, making it his primary place of business. 8. Defendant Trump ran for the office of the President of the United States in the 2020 Election as candidate for the Republican Party and Conservative Party. He lost the election to 3 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 7 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 now-President Joseph R. Biden Jr. by seventy-four (74) electoral votes and seven million, fifty-two thousand, and thirty-five (7,052,035) popular votes, certified by the Electoral College at state capitols on December 14, 2020 and at a joint session of the Congress on January 6, 2021. For clarification, Defendant Trump held the office of the Presidency for one term, running January 20, 2017 – January 20, 2021; Plaintiff comes now before the Court against Defendant Trump in his individual capacity as a private citizen and his actions in the 2020 Election, not in any official or public capacity. 9. Defendant Rudolph Giuliani is an individual who resides in New York City, New York County, New York. Defendant Giuliani is Defendant Trump’s personal counselor, advisor, attorney, and long-time friend and confidant. Defendant Giuliani has been Defendant Trump’s primary legal representative in his litigation over the 2020 Election, helping file or prepare over an unknown but large number of lawsuits, all attempting to overturn the democratic results of the election. As of time of filing, most have been dropped, dismissed, or ruled against; none have been ultimately ruled in Defendant Trump’s favor. Defendant Giuliani held the office of the Mayor of New York City, January 1, 1994 – December 31, 2001, and served as United States Associate Attorney, February 20, 1981 – June 3, 1983, and United States Attorney for the Southern District of New York, June 3, 1983 – January 1, 1989, overseeing, and achieving many convictions in, a large number of conspiracy, racketeering, and corrupt-enterprise practices cases. 10. Defendant The Trump Organization, Inc. (“Trump Organization”) is a domestic business corporation that is incorporated under the laws of the State of New York, duly licensed and currently active as of the date of this filing, and has its principal place of business in New York City, New York County, New York. Comprising some five hundred (500) subsidiaries, 4 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 8 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Defendant Trump Organization was founded by Defendant Trump’s grandmother and father, is owned in whole or in large part by Defendant Trump, and counts among its top executives some of Defendant Trump’s adult children. 11. Defendant Deutsche Bank Trust Corporation, also d/b/a Deutsche Bank Trust Company Americas (“Deutsche Bank”), is a domestic business corporation that is incorporated under the laws of the State of New York, duly licensed and currently active as of the date of this filing, and has its principal place of business in New York City, New York County, New York. Defendant Deutsche Bank’s corporate parent is a multinational investment bank and financial institution, headquartered in Frankfurt am Main, Hesse, Germany, but listed on the New York Stock Exchange. Defendant Deutsche Bank has acted as Defendant Trump’s personal banker for at least the last five years, providing billions of dollars in lines of credit, loan guarantees, and other financial instruments. Defendant Deutsche Bank only ceased providing this financial support January 11, 2021, five days after the events of January 6, 2021, described ​infra​. STATEMENT OF FACTS 12. On November 3, 2020, Plaintiff participated in the 2020 Election, including voting for a slate of electors responsible for casting New York State’s votes for the Electoral College. Plaintiff voted that New York select a slate of electors pledged to Joseph R. Biden and Kamala Harris, then-Presidential and Vice-Presidential candidates, respectively, of the Democratic Party and Working Families Party. Upon information and belief, Plaintiff avers each of the following paragraphs, 13-56: 13. Following abortive attempts to run for President in 2000 and 2012, Defendant Trump again ran for office, seeking and winning the Republican nomination for the 2016 Presidential 5 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 9 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Election (“2016 Election”). During the primary and general elections, Defendant Trump made an unprecedented number of false, misleading, and fraudulent statements. Public polling revealed that not only was Defendant Trump one of the least popular politicians in the county, he was one of the least popular politicians in the history of the Union. 14. Since most polling throughout the general election strongly indicated Defendant Trump would lose the 2016 Election, he began claiming the election was “rigged”. Pointedly refusing to clearly accept a potential loss, Defendant Trump claimed “illegal votes” would be cast against him and urged his supporters to watch against allegedly massive “voter fraud”. Defendant Trump refused to provide any evidence for these claims. 15. Defendant Trump’s fears of unpopularity proved prescient: despite winning the Electoral College in 2016, he lost the popular vote to Secretary Hillary Clinton by two million, eight-hundred-sixty-eight thousand, six hundred, and eighty-six votes (2,868,686); his predecessor in office, President Barack Obama, had, for his second term, won two million, nine-hundred-thirty thousand, nine hundred, and sixty-seven more popular votes (2,930,967) and twenty-eight (28) more electoral votes in 2012 than Defendant Trump did in 2016, despite the U.S. population gaining more than ten million more citizens over that time. 16. Defendant Trump became even more unpopular while in office, as many citizens throughout the country believed his election illegitimate. Such feelings became especially sharp in 2019 when Defendant Trump earned the distinction of being the first president to be impeached in his first term since Andrew Johnson in 1868, nearly one hundred and fifty years (150) prior. When public officials came forward with evidence that Defendant Trump sought foreign interference from the President of Ukraine to prospectively tilt the upcoming 2020 Election in his favor (and against the likely Democratic candidate, Biden), the country could not 6 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 10 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 help but read this new malfeasance in light of the substantial allegations of interference in the 2016 Election by the Government of the Russian Federation: this evidence has been confirmed by practically the entirety of the U.S. national-security apparatus. When the Republican-controlled Senate refused to hear the evidence of Defendant Trump’s high crimes and misdemeanors, he avoided removal from office, but his reputation plummeted further. 17. Throughout his presidency, Defendant Trump continued to rail against unproven electoral fraud against him, repeatedly inveighing against unsubstantiated allegations that the Democratic Party would “steal” the 2020 Election. Given that Defendant Trump knew that the foreign interference and electoral fraud were actually in his favor—as he and his subordinates had conspired with those foreign elements and relied heavily on state-level voter suppression efforts to obtain the Electoral College in the 2016 Election—he could not possibly think these claims had any merit. Instead, Defendant Trump knowingly slandered the U.S. democratic processes deliberately to create sufficient fear, uncertainty, and doubt in the integrity of the upcoming 2020 Election so as to justify ignoring an unfavorable outcome, even given how much foreign interference and voting suppression he knew had already occurred and would occur. 18. Throughout this slander of the American electoral systems, Defendant Giuliani provided material support, aid, and comfort to Defendant Trump. On January 12, 2017, Defendant Trump appointed Defendant Giuliani as his cybersecurity czar, an unofficial advisory position that allowed Defendant Giuliani to review, check, block, hide, and destroy evidence of foreign interference in U.S. elections in Defendant Trump’s favor. By April 2018, Defendant Giuliani joined Defendant Trump’s legal-defense team and was tasked with representing Defendant Trump, defending his criminal actions in foreign interference in the 2016 Election. In this position, Defendant Giuliani had direct access to evidence uncovered by Special Counsel 7 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 11 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Robert Mueller’s investigation, including direct testimony and financial statements, and knew by then of Defendant Trump’s culpable acceptance of foreign aid in the 2016 Election. 19. Defendant Giuliani also played a central role in Defendant Trump’s efforts to convince the President of Ukraine to prevent or injure Biden’s expected campaign in the 2020 Election, the event that led to Defendant Trump’s first impeachment. Defendant Giuliani helped Defendant Trump and others negotiate the Ukranian President’s involvement, repeatedly meeting with many Ukranian officials. In this capacity, Defendant Giuliani aided with multiple, large transfers of cash, to and from Ukraine and other foreign sources; a number of allies of Defendants Trump and Giuliani were arrested in connection with these transfers and face prosecution for various financial crimes. 20. For at least the last six years, Defendant Trump has used Defendant Trump Organization to finance, oversee, and obfuscate his tortious actions described ​supra​ and ​infra​. Defendant Trump has used Defendant Trump Organization to commit tax fraud, issue hush-money payments, evade estate and gift taxes, and engage in grift against state and federal governments. As the primary conduit of Defendant Trump’s income, Defendant Trump Organization has served as his personal fisc, allowing Defendant Trump to accept large sums from foreign sources without oversight and in violation of the U.S. Constitution. US Const art I, § 9, cl 8. 21. Defendant Trump has repeatedly claimed to have complete control over the operations of Defendant Trump Organization, as well as sole, majority, or plurality ownership of its components. Defendant Trump has nepotistically installed his adult children as executive corporate officers to allow him to maintain control over his private holdings, despite the fact that 8 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 12 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Defendant Trump Organization substantially underperforms the market and has been a money-losing enterprise for many years. 22. Defendant Deutsche Bank has been Defendant Trump’s primary creditor for twenty years, allowing him access to the lines of credit, financing instruments, and loans he uses to fund his activities described ​supra​ and ​infra​. Defendant Deutsche Bank has provided billions of dollars to Defendant Trump, delivered through Defendant Trump Organization. 23. Defendant Deutsche Bank also provided Defendant Trump with income streams from foreign sources, including those used to destabilize the 2016 and 2020 Elections. Foreign actors used Defendants Deutsche Bank and Trump Organization to deliver funds to Defendants Trump and Giuliani. It is unclear exactly when Defendant Deutsche Bank knew or should have known of the other Defendants’ use of its channels to engage in money laundering, tax fraud, and other financial crimes; however, Defendant Deutsche Bank was placed on notice no later than December 2017, when Special Counsel Mueller began investigating Defendants’ pecuniary relationships and served Defendant Deutsche Bank with subpoenas. In April 2019, the House of Representatives also subpoenaed Defendant Deutsche Bank’s records. 24. Defendant Deutsche Bank severed its fiscal ties with Defendants Trump and Trump Organization on January 11, 2021, five days after the events of January 6, 2021, described ​infra​. Until then, Defendant Deutsche Bank provided material support. 25. Thus, Defendants individually and collectively acted to prospectively prevent an peaceful, orderly, and above all legal, transfer of power in the event Defendant Trump lost the 2020 Election. Each Defendant knew or should have known of the falsity of Defendant Trump’s claims of “rigged” elections, as each Defendant knew or should have known that it was in fact 9 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 13 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Defendant Trump who solicited or happily received foreign aid while benefiting from voting suppression. As each Defendant was intimately involved in most, if not all, of the criminal and ethical probes into Defendant Trump’s administration, including the corruption of the 2016 Election and Defendant Trump’s solicitation of foreign plotting to corrupt the upcoming 2020 Election, each Defendant knew or should have known that Defendant Trump had little authentic domestic support, was repeatedly engaged in unconstitutional, criminal, tortious, and unethical behavior, and so knew or should have known that his ability to win the Electoral College, let alone the popular vote, in the 2020 Election was in serious jeopardy. Thus, each Defendant knew or should have known that Defendant Trump’s claims of fraud were false and intended to interfere with the validity of the election with corrupt motive. 26. Each Defendant continued to provide material support, aid, and comfort to Defendant Trump throughout the 2020 Election. 27. On November 3, 2020, a clear majority of the U.S. electorate rejected Defendants’ entreaties. With the highest percentage turnout of voters in over a century, now-President Biden received the largest number of votes of any candidate in history for the office of the Presidency of the United States of America. 28. Despite repeated efforts by Defendants to overturn the results, now-President Biden has been certified as winning three hundred and six (306) electoral votes and eighty-one million, two-hundred-sixty-eight thousand, seven hundred and fifty-seven (81,268,757) popular votes: seventy-four (74) more electoral votes and seven million, fifty-two thousand, and thirty-five (7,052,035) more popular votes than Defendant Trump, who earned what many have called one of the most thorough drubbings since 1984. 10 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 14 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 29. Defendants and allies tried repeatedly to overturn the results of the popular vote of November 3, including filing dozens of lawsuits, encouraging faithless electors, and asking state legislatures to annul the election and simply appoint a slate of electors. Defendant Trump made repeated inquiries to federal police and military authorities about his power to seize voting machines or otherwise cease the certification process. 30. On December 14, 2020, pursuant to the New York Election Law, Plaintiff’s preferred slate of twenty-nine electors met in the State Capitol in Albany, casting all of their votes for Biden and Harris. That day, similar votes occured in every state of the Union, producing an electoral college win for Biden over Defendant Trump, 306-232. The rules governing the selection of the electors had already been perfected by December 8, 2020. Pursuant to the “safe harbor” clause of the Electoral Count Act, “[i]f any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive. . ..” 3 USC § 5. As a matter of federal law, there was no legal means by which any branch of government could reject these electors and their votes. 31. Defendant Giuliani is a long-time, well-respected attorney, highly skilled in difficult legal procedures. Defendant Trump is a graduate of one of the most prestigious business programs in the world. He also had immediate access to some of the most talented attorneys the nation has to offer in his public capacity as President, either from the Department of Justice or Office of White House Counsel, as well as the financial wherewithal to hire private counsel, 11 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 15 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 given he is on record as claiming he is one of the wealthiest persons in the world. Defendants Trump Organization and Deutsche Bank are large, well-maintained corporations with extensive in-house counsel as well as numerous private law firms on retainer. 32. Defendant’s efforts to incense a substantial minority of the electorate, however, proved successful when so many citizens refused to accept the outcome of the 2020 Election, despite both the lack of any evidence supporting Defendants claims of fraud on Biden’s behalf and substantial evidence of fraud on Defendants’ behalf. 33. On January 6, 2021, Congress met, with then-Vice President Michael Pence presiding, to count the certified electoral votes (‘the Count”). Under pressure from Defendant Trump’s vocal allies in media and online, Vice President Pence felt forced to explicitly reject the spurious assertion that the Vice President had any authority to overturn the several states’ results. 34. A large number of Republican members of Congress raised or voted in support of objections to the Count, both before and after the events described ​infra​. 35. As the Joint Session of Congress met to count the certified results of the 2020 Election, a large number of Defendant Trump’s supporters marched and protested in rallies through Washington, District of Columbia. Extensive recruiting online in the weeks leading up to the Certification had attracted many of Defendant Trump’s supporters to the Capital, especially after Defendant Trump asked them on December 18 to convene and “go wild!” 36. Financial support for the rallies came from all over the country, and from foreign sources as well. Federal officials are still tracing the extent of foreign funding of the events of January 6, 2021. Defendant Trump Organization remains under the complete control of Defendant Trump, and Defendant Deutsche Bank was still providing extensive international 12 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 16 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 financial services to the other Defendants by this time, and would continue to do so for almost a week after. 37. Defendant Giuliani addressed one crowd, claiming that the voting machines of the 2020 Election were rigged, and calling for “trial by combat”. 38. Several other speakers, allies of Defendants, extolled the crowd for “kicking ass”, commending it for having “some fight”, and calling upon it to “keep up the fight”. 39. Defendant Trump addressed his followers, saying he would “never concede”, called upon then-Vice President Pence to overturn the Certification, and told them they had the power to prevent Biden from taking office. Urging his followers to approach the Capitol, Defendant Trump said, “Something's wrong here. Something's really wrong. [It] can't have happened.” He then added, “And we fight. We fight like Hell and if you don’t fight like Hell, you’re not going to have a country anymore.” 40. Defendant Trump: “You'll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.” 41. Defendant Trump: “We've got to get rid of the weak Congresspeople, the ones that aren't any good.” 42. Defendant Trump: "Fight much harder" against "bad people". 43. Defendant Trump: “You are allowed to go by very different rules”. 44. Defendant Trump: We’re “not going to take it any longer”. 13 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 17 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 45. During and following Defendant Trump’s speech, his supporters formed a mob and rioted, storming the U.S. Capitol and seizing control of the building (“the Insurrection”). Members of Congress and the Vice President were forced to flee. During the Insurrection, and after Congress had to adjourn for its safety, Defendant Trump stated, “Mike Pence didn't have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”. 46. Despite knowledge of the Insurrection and repeated efforts by multiple police and military officials to obtain permission to deploy soldiers to suppress rioting and retake the Capitol, Defendant Trump did not immediately authorize troop deployment. Instead, other officials had to mobilize various units on their own. 47. Defendant Trump was initially pleased at the Insurrection, approving of it and its aim of overturning the 2020 Election and installing him as ruler. Defendant Trump’s mood soured first when he observed his supporters were what he believed to be lower class and second when apprised of the legal consequences of inciting treason, sedition, insurrection, or riot. 48. Hours after the Insurrection began, Defendant Trump stated, “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!” 49. Following removal of the rioteers, Congress reconvened. Allies of Defendant Trump continued to challenge the Count, but ultimately their objections were rejected by majority vote, 14 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 18 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 and Congress certified Joseph Biden as winner of the 2020 Election; then-Vice President Pence affirmed the results and formally announced them. 50. One hundred and twenty-one (121) D.C. Metro and Capitol Police officers were injured, at least fifteen (15) requiring hospitalization. An unknown number of rioters were injured, with at least five (5) hospitalized. Nearly one hundred (100) insurrectionists have been arrested or charged, and initial reports reveal many intended to kidnap, torture, or kill elected officials involved in the Certification. 51. Four rioters died as a result of injuries sustained during the Insurrection. 52. Officer Brian D. Sicknick, a twelve-year veteran of the United States Capitol Police and member of the First Responder Unit, was attacked by the rioters with pepper spray and then repeatedly struck in the head. Officer Sicknick died the next day from his injuries. 53. On January 13, 2021, the House of Representatives voted to impeach Defendant Trump for “Incitement of Insurrection”, earning him the twin distinctions of being the only president in U.S. history to be impeached twice, both within in his one and so-far only term, as well as receiving the most bipartisan impeachment in the Union’s history. As of the date of filing, the Senate has not yet begun Defendant Trump’s second impeachment trial. 54. Plaintiff was aware of Defendants’ publically reported actions and in apprehension of ensuing unrest, began stockpiling necessities at great cost, including opportunity cost of several investments that were not seen as prudent given the possibility of the imposition of martial law. These and other anticipatory defensive measures amount to a substantial pecuniary loss. 55. Defendants jointly and severally engaged to prevent the peaceful transfer of power. They were aware that Defendant Trump was unlikely to win even the Electoral College and 15 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 19 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 together and individually took actions to destabilize the electorate. These actions, up to and including revanchist calls culminating in the first violent attack on the U.S. Capitol since 1954 and the first successful breach of the Capitol since 1814. 56. Defendants knew and intended to deprive voters of the benefits of their votes by conspiring to prevent or overturn the votes of electoral slates by fraud, bribery, and violence. This interference amounts to a serious infringement on Plaintiff’s constitutional, statutory, and common-law rights to a free and fair election. By attempting to prevent Plaintiff’s chosen slate of electors from voting, Defendants attempted to prevent him from the benefit of his vote, and, for a time, actually did so. AS AND FOR A FIRST CAUSE OF ACTION – SUFFRAGIO TORT 57. Plaintiff repeats and realleges the allegations contained in paragraphs 1-56, as if fully set forth herein. 58. The elements of suffragio are: (1) an action that, by consciously wrongful act; either (2) intentionally deprives another; or (3) seriously interferes with; (4) the right to vote in a public election. As demonstrated above in paragraphs 12-56, a reasonable trier of fact could find all elements by preponderance of the evidence. It is indisputable that the 2020 Election was a public election. By engaging in a civil conspiracy to destabilize the 2020 Election through the use of knowingly illegal foreign interference, voter suppression, and financial crimes, Defendants were conscious of their wrongfulness, so much so that their intent can be easily demonstrated. Even without intent, however, the gravity of the January 6th Insurrection seriously interfered with Plaintiff’s suffragic right to the peaceful, orderly, and above all legal, transfer of power. One 16 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 20 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 who prevents another’s vote from being counted hurts the other just as much as if one had prevented the vote from being cast. 59. By reason of the foregoing, Defendants are liable in the amount of eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00) as compensatory damages, as well as punitive damages, interest, costs, attorney’s fees, and any and all other relief entitled to at law. AS AND FOR A SECOND CAUSE OF ACTION –IN THE ALTERNATIVE, ISSUANCE OF WRIT FOR CURRENTLY INNOMINATE TORT 60. Plaintiff repeats and realleges the allegations contained in paragraphs 1-56, as if fully set forth herein. In the event that suffragio is unavailable, then Plaintiff prays the Court for relief of Defendants’ actions by issuing a writ for a currently innominate tort, pursuant to its statutory and common-law authority. 61. As the tort is currently innominate, its elements have not been discovered and a hearing is necessary to develop them. As demonstrated above in paragraphs 12-56, a reasonable trier of fact could find many potential elements by preponderance of the evidence, including malice, will, intent, knowledge, lack of excuse or justification, cause-in-fact, proximate cause, harm, and damages. 62. By reason of the foregoing, Defendants are liable in the amount of eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00) as compensatory damages, as well as punitive damages, interest, costs, attorney’s fees, and any and all other relief entitled to at law. 17 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 21 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 AS AND FOR A THIRD CAUSE OF ACTION – IN THE ALTERNATIVE, PRIMA FACIE TORT 63. Plaintiff repeats and realleges the allegations contained in paragraphs 1-56, as if fully set forth herein. In the event that neither suffragio nor a currently innominate tort are available, then Plaintiff prays for remedy of Defendants’ actions as a prima facie tort. 64. The elements of the prima facie tort are: (1) malicious intent to harm plaintiff; (2) without excuse or justification; (3) by act or series of acts that would otherwise be lawful; and (4) resulting in special damages. As demonstrated above in paragraphs 12-56, a reasonable trier of fact could find malicious intent to harm, without excuse or justification, and special damages by preponderance of the evidence. The third element is less certain, as it reflects the prima facie tort’s historical role as a reservoir of the court’s residual common-law authority: traditionally, the prima facie tort is unavailable when another established cause of action exists, as it does here. Thus, prima facie tort traditionally would be an appropriate grounds for recovery only if the Court rules that suffragio is no longer valid law and that no newly nominate writ may be issued for a replacement. If so, the third element would be met as a matter of law. However, in ​Bd. of Educ. of Farmingdale Union Free Sch. Dist. v Farmingdale Classroom Teachers Assn.​, 38 NY2d 397, 406 [1975], the Court of Appeals allowed a cause of action in prima facie tort to stand alongside with, not in the alternative to, a cause of action for abuse of process, an established tort at common law. 65. By reason of the foregoing, Defendants are liable in the amount of eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00) as compensatory damages, as well as punitive damages, interest, costs, attorney’s fees, and any and all other relief entitled to at law. 18 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 22 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 AS AND FOR A FOURTH CAUSE OF ACTION – CIVIL CONSPIRACY 66. Plaintiff repeats and realleges the allegations contained in paragraphs 1-56, as if fully set forth herein. 67. Civil conspiracy does not exist as an independent tort in New York. Instead, it is a derivative legal theory, akin to criminal conspiracy, that imposes additional vicarious and punitive liability on tortfeasors who act with a common purpose. In addition to the elements of the underlying tort, civil conspiracy also requires: (1) an agreement between two or more parties; (2) an overt act in furtherance of the agreement; (3) the parties' intentional participation in the furtherance of a plan or purpose; and (4) resulting damage or injury, orderly, and above all legal, transfer of power. As demonstrated above in paragraphs 12-56, a reasonable trier of fact could find all elements by preponderance of the evidence. As contractual and business partners, Defendants all agreed to act in accord with the goal of ensuring the overthrow of the 2020 Election. Defendants Trump and Giuliani engaged foreign powers to corrupt the 2016 and 2020 Elections, as well as incited, urged, exhorted, and inflammed the January 6th Insurrection. Defendants Trump Organization and Deutsche Bank provided material financial and logistical support of these actions. This intentional, agreed, and acted upon scheme seriously interfered with Plaintiff’s suffragic right to the peaceful, orderly, and above all legal, transfer of power. 68. By reason of the foregoing, Defendants are liable in the amount of eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00) as compensatory damages, as well as punitive damages, interest, costs, attorney’s fees, and any and all other relief entitled to at law. 19 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 23 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 WHEREFORE​, Plaintiff respectfully requests judgment as follows: A. On the First Cause of Action, awarding compensatory damages in favor of Plaintiff, in an amount to be determined at trial, but in no event less than eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00), plus punitive damages, interest, costs, and attorney’s fees. B. On the Second Cause of Action, awarding compensatory damages in favor of Plaintiff, in an amount to be determined at trial, but in no event less than eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00), plus punitive damages, interest, costs, and attorney’s fees. C. On the Third Cause of Action, awarding compensatory damages in favor of Plaintiff, in an amount to be determined at trial, but in no event less than eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00), plus punitive damages, interest, costs, and attorney’s fees. D. On the Fourth Cause of Action, awarding compensatory damages in favor of Plaintiff, in an amount to be determined at trial, but in no event less than eight billion, seven-hundred-thirty-seven million, five-hundred-forty thousand dollars and no cents (US$8,737,540,000.00), plus punitive damages, interest, costs, and attorney’s fees. E. Granting Plaintiff such other and further relief as the Court deems just and proper. 20 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 24 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 Dated: 1/20/2021 Brooklyn, Kings County, New York Respectfully submitted, Nicholas Hudson ______________________________ Appearing pro se 8801 5th Ave #90026 Brooklym, NY 11209-9997 +1 (646) 360-0352 [email protected] 21 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 25 of 26 CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF KINGS ) Nicholas Hudson, being duly sworn, deposes and states: I am the plaintiff in this action. I have read the annexed complaint, and its factual contents are true to my personal knowledge, except as to the matters alleged on information and belief, and as to those matters, I believe them to be true. 22 This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 26 of 26