a

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - )(
MARY SLIWA,
Plaintiff,
-against-
CURTIS SLIWA and MELINDA KATZ,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - )(
Index No.
SUMMONS
Basis of Venue is
Plaintiff's residence
at 215 East 96th Street
New York, NY 100128
Date Summons Filed with
Court: March 21, 2013
TO THE ABOVE NAMED DEFENDANTS:
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 Plaintiffs Attorney within twenty (20)
days after the service of this summons, exclusive of the day of service (or within thirty
(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 answer or appear,
judgment will be taken against you by default for the relief demanded in the notice set
forth below and in the complaint.
Dated: March 21, 2013
Attorney for Plaintiff
Office & P.O. Address
15 East 32nd Street, 3rd Floor
New York, NY 10016
Tel: (212) 564-8181
Fax: (212) 564-4414
Email: paulsiegert@aol.com
FILED: NEW YORK COUNTY CLERK 05/09/2013
INDEX NO. 154296/2013
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2013
To:
Curtis Sliwa
67-42 Ingram Street
Forest Hills, NY 11375
Melinda Katz
67-42 Ingram Street
Forest Hills, NY 11375
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
MARY SLIWA,
Plaintiff,
-against-
CURTIS SLIWA and MELINDA KATZ,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
Index No.
VERIFIED
COMPLAINT
Plaintiff, by her attorney, Paul W. Siegert, as and for her Complaint, alleges as
follows:
1. At all relevant times hereinafter mentioned, plaintiff has resided in the
City, County and State of New York.
2. At all relevant times hereinafter mentioned, defendant, Curtis Sliwa, has
resided in the City and State of New York and presently resides at 67-42 Ingram Street,
Forest Hills, NY 11375 with co-defendant, Melinda Katz.
3. At all relevant times hereinafter mentioned, defendant, Melinda Katz, has
resided at 67-42 Ingram Street, Forest Hills, NY 11375.
4. Plaintiff and Curtis Sliwa were married on Ju1y 8, 2000 m the City,
County and State of New York.
5. Plaintiff and Curtis Sliwa have a classified special needs child of the
marriage, Anthony Chester Sliwa, who was born on December 11, 2003.
6. A Judgment of Divorce ending the marriage of the Plaintiff and Curtis
Sliwa was granted on May 7, 2012 and entered on June 4, 2012 in the Office of the
Kings County Clerk.
7. For many years prior to the Judgment of Divorce, although Plaintiff and
Cmiis Sliwa resided together as husband and wife in the marital home in New York
County, Curtis Sliwa had a secret, personal and intimate relationship with defendant,
Melinda Katz, and committed adultery with her on a myriad of occasions. For example,
(a) on February 25, 2010 at 67-42 Ingram Street, Forest Hills, New
York, 10375;
(b) on March 17, 2010 (St. Patrick's Day) at 67-42 Ingram Street,
Forest Hills;
( c) on March 31, 2010, after stating that he had gone to Crown
Heights and wasn't feeling well and was dehydrated, defendant falsely
stated he would be sleeping at the Empire State Building, but instead,
traveled to 67-42 Ingram Street, Forest Hills, New York, and engaged in
sexual intercourse with Melinda Katz;
( d) on April 9, 2010 after stating that he had gone to a Mets game
and that a friend had dropped him off at the Empire State Building,
defendant lied to plaintiff and stated that he had slept at the Empire State
Building when, in fact, he had gone to 67-42 Ingram Street, Forest Hills,
New York, to engage in sexual intercourse with Melinda Katz;
(e) on April 13, 2010 after stating that he had gone to a Yankee game
and had an appointment at the Metropolitan Club, defendant did not come
to the marital home but rather went to 67-42 Ingram Street, Forest Hills,
New York, to engage in sexual intercourse with Melinda Katz;
(f) on June 4, 2010 after going to Secaucus, New Jersey, defendant
called plaintiff and said "all aboard, get those critters ready" and that
he would be home, but he did not come home and, in fact, went to 67-42
Ingram Street, Forest Hills, New York to engage in sexual intercourse with
Melinda Katz;
(g) on June 5, 2010, after telling plaintiff that he would be going
to the big fight night at Yankee Stadium and lying that the fight was over
at 3:00 a.m. and that he then had a tour of the stadium thereafter,
plaintiff actually went to 67-42 Ingram Street, Forest Hills, New York
and defendant engaged in sexual intercourse with Melinda Katz; and
(h) in June (e.g., June 25), July (e.g., July 9, 27 and 30) and August,
2010 (e.g., August 3 and 4) on specific dates known to the plaintiff, at
67-42 Ingram Street, Forest Hills, New York, defendant engaged in sexual
intercourse with Melinda Katz; and
(i) the co-defendants have had a secret, sexual, personal and intimate
relationship for many years despite Curtis Sliwa being married to Plaintiff.
8. On May 3, 2008, while Curtis Sliwa was married to Plaintiff, Curtis Sliwa
fathered a child with Melinda Katz with Katz being fertilized in vitro with sperm
donated by Curtis Sliwa.
9. During the next several months, the co-defendants conspired with each
other to drain marital assets so Curtis Sliwa could leave Plaintiff in due course, join his
mistress, Melinda Katz, and have a "nest egg" of marital assets.
10. Falsely asserting over and over that there was no relationship between
himself and Melinda Katz and implementing the plan to pilfer, purloin and swindle
marital assets, Curtis Sliwa told Plaintiff that the sperm donated had been "frozen" years
before and he convinced Plaintiff that they would have to use significant marital assets
to pay child support for the Katz child born out-of-wedlock.
11. Curtis Sliwa and Melinda Katz, an attorney, were fully aware of the Child
Support Standards Act in New York which mandated child support, under the
circumstances presented, of no more than $1, 700 per month (plus, perhaps, an amount
which could be assessed in a court's discretion).
12. Despite the foregoing, the defendants fraudulently conspired together for
a child support payment of $8,000 per month ($96,000 per annum, tax free) plus another
$1,150 per month (tax free) for Curtis Sliwa to provide his mistress with a $2,000,000
life insurance policy. These payments amounted to 56% of the after-tax dollars of
Curtis Sliwa's income leaving only 44% for the marital household. In furtherance of
the scheme, in July, 2008, Curtis Sliwa and Melinda Katz entered into an agreement
memoralizing these amounts without Melinda Katz even having to provide a net worth
statement. These sums far exceeded any legal obligation of Curtis Sliwa for child
support under the Child Support Standards Act.
13. As a result of the conspiracy between Curtis Sliwa and Melinda Katz and
these huge payouts, defendants were able to accumulate over $400,000 of marital assets
as they continued their clandestine, personal and intimate relationship.
14. The heartless defendants were so adept at this scheme that their agreement
provided that if the Internal Revenue Service challenged the amount as being beyond
"child support", Curtis Sliwa would pay his mistress's taxes on the excessive payments
which amounts could only come from more marital assets because Curtis Sliwa had no
non-marital assets.
15. On August 6, 2010, while Curtis Sliwa was married to Plaintiff, defendants
conspired to have another child and Melinda Katz visited a clinic and was fertilized in
vitro again with sperm from Curtis Sliwa.
16. On February 24, 2011, while Curtis Sliwa was married to Plaintiff, Curtis
Sliwa fathered another child with Melinda Katz. On the occasion of each child's birth,
Curtis Sliwa willingly acknowledged paternity to his mistress without demanding a
paternity test.
1 7. During all this time, against the protestations of Plaintiff, defendant
arranged for post-dated checks to be supplied to his mistress so that the scheme could
be facilitated and Melinda Katz would not be inconvenienced by having to wait for
monthly payment of the alleged "child support
11

18. During the years that Melinda Katz was rece1vmg these excessive
payments, on many occasions, there were insufficient funds to pay her, but Curtis Sliwa
always told plaintiff that "[her] bill had to be paid" and, as a result, money was
withdrawn from the child's account to pay Melinda Katz to the extent that the account
balance went from about $70,000 to $400.
19. Thereafter, Curtis Sliwa left the marital home and began to reside with
Melinda Katz.
20. In furtherance of the conspiracy, Curtis Sliwa made representations of fact
to Plaintiff (i) that he had no relationship whatsoever with Melinda Katz, (ii) that the
in vitro sperm was "frozen" for years, (iii) that Melinda Katz was having these children
against his will, and (iv) that the $405,000 paid tax free to Melinda Katz representing
56% of his after-tax income was legitimate child support and would be ordered by any
Court.
21. All of the foregoing representations were false in that (i) there was an
intimate, personal and sexual relationship with Melinda Katz for years; (ii) upon
information and belief, the sperm was actually donated by Curtis Sliwa shortly before
the birth of each child; (iii) Curtis Sliwa supported Melinda Katz having these children
although he was married to plaintff; and (iv) the $405,000 paid to Melinda Katz was
not legitimate child support but rather part of a plan to drain marital assets so Curtis
Sliwa could leave Plaintiff in due course to join his mistress, Melinda Katz, and have
a "nest egg" of marital assets.
22. Curtis Sliwa is an inveterate, world-class liar and knew that the
representations being made to Plaintiff were false.
23. Curtis Sliwa made the representations to induce Plaintiff not to challenge
the huge amounts of marital assets which were being transferred to Melinda Katz.
24. Plaintiff was justified in relying upon Curtis Sliwa's representations that
because she wanted to keep the marriage together, was constantly told by Curtis Sliwa
that he loved both her and his child, Anthony, wanted to give her husband the benefit
of any doubts, trusted him, could not believe that he would willingly have children with
another woman while married to her, and thought that the amounts being paid were
legitimate child support.
25. By reason of the foregoing and the fraud perpetrated by these defendants,
Plaintiff has been injured and damaged in the sum of $405,000.
WHEREFORE, plaintiff demands judgment against defendants in the sum of
$405,000 with applicable interest, punitive damages of $1,000,000, plus the costs and
disbursements of this action.
Dated: New York, NY
March 20, 2013
PAUL w. sntGERT
Attorney for Plaintiff
Office & P.O. Address
15 East 32nd Street, 3rd Floor
New York, NY 10016
Tel: (212) 564-8181
Fax: (212) 564-4414
Email: paulsiegert@aol.com
VERIFICATION
STATE OF NEW YORK
SS.:
COUNTY OF NEW YORK
Mary Sliwa, being duly sworn, depose and say that she is the plaintiff herein
and has read the foregoing Complaint and knows the contents thereof and that the
same is true to her ow n know ledge except as to t hose matters alleged upon
information and belief and that as to those matters, she believes them to be true.
Sw orn to before me on the
20th day of March, 2013
~ ; b ~
Notary Public l
PAUL W. SIEGERT
Notary Public State of New Yott
No. 02SMeo82gs
Qualified in W.:.awtw C<Ulty
Commiaion e.,. JMuiry 22, 20t4
@ '
C { J ' ~
Mary Sliw
Index No.
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF NEW YORK
CERTIFICATION
I am an attorney admitted to
practice in New York. This being
a civil action, pursuant to Part
130 of the Rules of the Chief
Administrator, to the best of my
knowledge, information and belief,
formed after an inquiry reasonable
under the circumstances, the
presentat ion of the above described
document(s) or the contentions therein
are not frivolous as defined in
Part 130-1.1 (c).
Dated:
PAUL W. SIEGE
Mary Sliwa,
Plaintiff,
-against-
Curtis Sliwa and Melinda Katz,
Defendants.
SUMMONS WITH COMPLAINT
PAUL W. SIEGERT
Attorney for Plaintiff
Office & P.O. Address
1 5 East 32nd Street, 3rd Fl.
New York, NY 10016
Tel: (212) 564-8181
Fax (21 2) 564-4414
Email: Paulsiegert@aol.com