STATE OF NEW YORK

SUPREME COURT COUNTY OF ULSTER

In the Matter ofthe Claim of

Andrew Kossover and Victoria Kossover,

Claimants,
NOTICE OF CLAIM
V.

Patridc K.Ryan,Individually and as Ulster

County Executive,and the County of
Ulster,

Re^ndents.

TO THE ABOVE-NAMED RESPONDENTS:

PLEASE TAKE NOTICE that the Claimants above named, through their attorneys E.

STEWART JONES HACKERMURPHY,LLP.hereby make a claim against the above-named

Respondent for monetary damages for injuries to reputation, personal injuries, economic

losses, harms and damages, all of the foregomg having been sustained as a result of the

intentional and deliberate false statements and misstatements by die above-named Respondents

defaming,libeling and slandering the Claimant Andrew Kossover, and in support ofthe above,
the Claimants state:

1. The post office address ofthe Claimants is P,0. Box 399, New Paltz, Ulster County,
New York 12561.

2. The Claimants are husband and wife.

3. The Claimants are lawyers and practice together at the firm of Kossovca: Law
Offices, LLP located at 40 Main Street, New Paltz, New York 12561.
4. The Clmmant Andrew Kossover was the Public Defender ofUlster County.
1
 5. The Re^ndent Patrick K.Ryan is the Ulster County Executive.

6. On dieaflanoonofFebruary 14,2020,in the County Executive's offices located at 244

Fair Street, Kingston, New York,the Respondents herein requested that Andrew Kossover resign as

the Public Defender by 5:00PM that same date.

7. On February 14, 2020 at approximately 3:45 PM,the Re^ondents issued a press

release regarding Andrew Kossover as the Ulster County Public Defender. Annexed hereto, made a

part hereof,and incorporated herein by refer^ice, isa copy of said press release entitled "Statement

from Ulster County Executive Patrick K.Ryan."

8. The press release was issued publicly and made avmlable to multiple public news

outlets by die Respondents.

9. The press release contained multiple misstatements andfalsehoods.

10. The aforesaid misstatements and frlsehoods were both explicit andimplicit

11. The press release attributed a $2.5 million loss in State revenue to financial
mismanagement by the Claimant Andrew Kossover.

12. The aforesaid statement and implication were false.

13. The aforesaid press release blamed Mh. Kossover for failing to claim nearly
$2.5 million in available state funding.

14. The aforesaid statement and implication were fiilse.

15. The said press release stated that Mr. Kossov^ had resigned.

16. The aforesaid statement wasfalse.

17. Tfte language ofsaid statemoits in the press release are those offoe Respondents in
whole or in part and are foe responsibility offoe Respondents.
 ]8. The press release as constructed and structured, and taken as a whole,falsely, and

wrongfidly attributed the blameto Mr.Kossover forfinancial mismanagement ofthe Ulster Coimty

Public Defender's Office.

19. The aforesaid press release were and are mat^ially false and the Respondent

Patridc K.Ryan is responsibletherefor.

20. Following the aforesaid February 14,2020 meeting.Respondent Patrick K.Ryan

made false derogatory spoken statments to the media and others resulting in further damage to

Mr. Kossover's reputation.

21. The Respondents published and authorized the publication ofthe aforedescribed
statements knowing them to be false or with reckless disregard for the truth,

22. On February 19,2020, Respondents wrongfiilly terminated Mr. Kossover from

his position as Ulster County Public Defender.

23. The aforesaid statements and the attached Statonent were made with full

knowledge thatthe same would irreparably injure Mr.Kossover's reputation asaPublic Defends
and lawyer and would irreparably damage the law practice of the private law firm of the
Claimants hereiiL

24. The aforesaid statements and the attached Statement individually,independently,

and when taken as a whole defamed, libeled, and slandered Mr.Kossover.

25. The aforesaid statements and the attached Statement were publi^ed and
republished by multiple newsp^jers and news outlets for days and wedcs following the initial
publication ofthe statements and the attached Statement by the Respondents dated February 14,
2020.
 26. Mr. Kossover requested that the Respondents retract die press release and

statements.

27. The Respondents have not retracted nor corrected the press release or statements.

28. Throu^ respective counsel, Mr. Kossover provided to the Respondents a

proposed retraction for the Respondents' consideration and issuance.

29. The Respondents did not issue the proposed retraction.

30. The Respondents' conduct in initially making the false press release and

statements and then refusing to consider or issue corrections, restat^ents or retractions was

wrong,deliberate, willful, malicious, and injurious.

31. That the Respondent Patrick K.Ryan was at all times acting as the Ulster County

Executive.

32. That the Respondent, the County of Ulster, was at all times legally responsible

for the actions, conduct and statements ofits County Executive Patrick K.Ryan.

33. As a result of the Respondents' conduct, Mr. Kossover has been permanently
injured in his reputatico), standing in the community, standing as a lawyer, and in his private
practice of law.

34. As a result of the Respondoits' conduct, Mr. and Mrs. Kossover in their private
practice oflaw as the firm ofKossover Law Offices,LLP,have been permanently and irreparably
injured and damaged.

35. As a result of Respondents' conduct, the Claimant's law firm and Claimants
personally suffered advise economic and practice consequences.

36. The conduct of the Respondents constitutes intentional inflicdon of emotional

distress to the claimants.
 37. Asa result ofall oftheforegoing and in addition tothe above,the Claimant Victoria

Kossover has suffered derivative spousal damages as a result of the conduct ofthe Respondents.

38. Because of the Respondents' intentional, willful, and reckless conduct as set forth

above,the Claimantsareentitledtocompensatory damagesontheclaimsidentifiedhereinand any claims

derived and asserted going forward.

39. Because of the Respondents' aforedescribed intentional, willful, and reckless

conduct, the Claimants are entitled to punitive or exemplary damages.

40. By reason ofall ofthe foregoing,the Claimants demand and are entitled to substantial
monetary judgments against the Respondents herein for the harm, injury, damage, and loss to the
Claimants resulting from the Respondents'conduct

41. This claim is served and filed within ninety(90)days of accrual.

WHEREFORE,the Claimants respectfully request thatthe claim be allowed in an amount to be

determined and paid by the Respondents within thirty(30)days.

DATED: May 5,2020

Andrew Kossover

Victoria Kossover

E.STEWART JO Y,LLP

By:
E.STEWARTJON
Attorneys for Claimants
28 Second Street
Troy, New York 12180
(518)274-5820
 VERIFICATION

STATE OF NEW YORK:

COUNTY OF :

We, ANDREW KOSSOVER and VICTORIA KOSSOVER,are the Claimants in the above-

entitled action, and we have read the foregoing NOTICE OF CLAIM and know the contents thereof

The contents are true to our own knowledge except as to those matters therein stated to be alleged i^n

information and belief and as to those matters, we believe them to be true.

Andrew Kossover

Victoria Kossover

Sworn to before me this

day ofMay,2020

Notary PubKc,State ofNew York

SANDRA L SEMMELHACK
Notary Public, State of New York
Qualified in Ulster County
Registration No.01SE47S6022
My Commission Expires /^rii 30.20.2^
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