COMPLAINT

							SUPREME COURT OF THE STATE OF NEW YORK,
COUNTY OF NEW YORK
______________________________________________                                      Index No.
   EARA JORDAN,                                                                 90-401371
                              Plaintiff,                                        _________________
                  - against -
                                                                               COMPLAINT
    SHERRY FIELD,
    PAWS IN CHELSEA,
    PAWS IN SOHO,
                              Defendants.
 ______________________________________________
TO THE SUPREME COURT OF THE STATE OF NEW YORK



        The complaint of the plaintiff, Eara Jordan, respectfully shows and alleges as follows:

        1.      The plaintiff herein, Eara Jordan ("Jordan"), is a resident of the State of New

York. Jordan resides at 6115 97th Street #6A, Rego Park, New York 11374.

        2.      The defendant herein, Sherry Field ("Field", "Paws in Chelsea", "Paws in Soho",

collectively) has the principal place of business at Paws in Chelsea, 145 West 24th Street, New

York, NY 10011; and Paws in Soho, 504 Greenwich Street, New York, NY 10013. Defendant is

engaged in the business of Animal Boarding.

        3.      In the case of plaintiff's dog ARIELA, a white Ukrainian Miniature Poodle, Jordan

commenced the boarding of Ariela on December 12, 2008 at an agreed upon price of $29.25

per day plus tax, for approximately two weeks. There was and is no written agreement between

the parties.

        4.      On January 2, 2009, Jordan was unexpectedly hospitalized at New York

Presbyterian Hospital, New York City, New York. Field claims that Jordan was in the Bahamas

and abandoned Ariela. Conversely Jordan believes that Field is using these lies and other

specious attempts to premeditate a carefully planned maneuver to extort money from Jordan;

and to premeditate the theft of Ariela for sale or gift to third parties or herself; and to slander

Jordan's character in order to carry out this scheme.




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       5.      Pursuant to the hospitalization, Jordan informed Field of her whereabouts by

telephone, and thereupon made Field aware that she was unable to pick up Ariela at the

forementioned time, but instead at a now-undetermined hospital release.

       6.      Pursuant to telephone communications between the dates of January 2, 2009

and February 17, 2009 (actual dates of hospitalization), and on more than one coccasion, and

initiated by both Jordan and Field, thereupon a payment plan was discussed and mutually

agreed upon verbally between the parties. Field informed Jordan that her attorney would draft it,

and a value on interest would be determined. Furthermore, Field informed Jordan that any

payment upon Jordan's hospital release, and at the time of picking up Ariela would be

acceptable, as long as the balance per a payment plan were in effect. There was no mention as

to payment structure or specifics. There was a mutual understanding and verbal agreement

between the two parties.

       7.      Heretofore, Jordan also informed Field of her growing concern that Ariela needed

surgery for tooth abscesses; and that Ariela was to have that surgery in January, as

documented on December 24, 2008 and May 21, 2009, by Vet Janet Ficarra, and then

interrupted by the hospitalization.

       8.      For the months of January and February, Jordan could not leave the hospital in

order to cash her Social Security checks as boarding payment. Jordan had been in between

bank accounts; and the legal liabillity of the hospital, to act as go-between in cashing the checks

and or delivering the boarding payments, existed and the hospital declined.

       9.      Over the six week period between January 2, 2009 and February 17, 2009, Field

became increasingly anxious for Jordan to deliver money for the boarding in spite of Jordan's

inability to do so per the hospital restrictions and Field's knowledge of such. Field's demeanor

became threatening and cruel and on more than one occasion, Field called Jordan's sister and

offered her Ariela. Jordan's sister refused. Field told Jordan's sister that she would put Ariela

up for adoption, and would "give away Ariela to anyone but (Jordan)." Field also mentioned to


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Jordan's sister that she was looking for the proper adoptive situation for Ariela, without

knowledge and consent of the Owner Jordan.

       10.     Consequent to furthering abusive treatment by Field toward Jordan, Jordan

became increasingly upset and worried about Ariela's well being, and Jordan constantly

inquired; and Field showed no interest in the dog, or attending to Jordan's real concerns for

Ariela's health, or for helping Ariela in any manner, including required grooming protocols of a

Poodle.

       11.     Thereupon Jordan's release from the hospital on February 17, 2009; and upon

Jordan's date to pick up Ariela on February 18, 2009; and upon Jordan's first payment of

$509.50 cash toward a balance of $2,235.29 (70 days), Field infomed Jordan that she could not

take Ariela home and that she had to pay the remaining balance of $1,725.56 in order to do so.

Jordan reiterated the verbal agreement concerning the payment plan, and Field denied that any

verbal agreement for any payment plan existed, and that Jordan was not allowed to see Ariela

at all until full payment. Therein Field first breached the agreement.

       12.     Jordan had informed Field, and Field was aware that Jordan was on fixed Social

Security income due monthly; and she again advised Jordan that she could not take Ariela

home until March 4, 2009, the date of the next Social Security payent); and that Jordan was not

allowed to visit Ariela between the dates of February 19, 2009 to March 4, 2009.

       13.     However, on March 4, 2009, as agreed, Jordan paid $200 by MasterCard, but

still was not allowed to take Ariela home and was only allowed to visit thereon. This was Field's

second breach of agreement. And henceforth, Field informed Jordan that from the now-current

balance of $1,525.56, $1,000.00 must be paid by March 31, 2009, which did include this

$200.00 payment; or Jordan would not be allowed to see or visit Ariela; and only should the

balance of the remaining $800.00 be paid, would Jordan be allowed to take Ariela home.

       14.     Between March 4, 2009 and March 31, 2009, Jordan paid $800.00 in payments

of: $300.00 MasterCard (March 6, 2009); $200.00 cash (March 11, 2009); and $300.00 cash


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(March 31, 2009); thereupon Jordan altogether paid $1,000.00 by March 31, 2009, per the third

arrangement.

       15.     There were aproximately three visits per week to Ariela between March 4, 2009

and March 31, 2009; and only upon payments received, was Jordan allowed to visit Ariela.

       16.     Heretofore, Jordan was alerted by Ariela's increasing unappiness and crying at

visits; and upon one visit, Ariela wouldn't get off Jordan's lap as she cried and told her all about

the horrid place. Ariela's matted filthy condition exponentially increased with each visit. Jordan

tried to groom the mats with each visit, and took samples of a fungal condition for her vet.

       17.     As Jordan became further appalled at the situation, she made a grooming

appointment with Stephanie, for Ariela for March 31, 2009, with promise to pay $60 cash. Field

erased the appointment in the book, further manifesting cruelty to Jordan, and to Ariela, as her

mats were heavilly pulling her skin and hurting her.

       18.     Thereupon, Jordan visited Ariela two more times, and on April 9, 2009, Jordan

tried to book another grooming appointment, which the secretary Stephanie disallowed.

       19.     Henceforth, on April 09, Field arrived to find Jordan and Ariela extremely upset.

Ariela was crying and barking and trying to jump into Jordan's arms. Moreover, Jordan told

Field that she had kept all committed payments, that there was supposed to be a payment plan

implemented on February 18, 2009, and that the balance for her boarding during the hospital

was now $700.56, which Jordan repeated should be on the payment plan; and that she was

taking Ariela home. (By March 31, 2009, Ariela had accrued an additional balance of $3,950.87

that Jordan was aware of, minus Jordan's payments of $1,509.50, with balance remaining of

$700.56).

       20.     On April 09, Jordan asked Field to print the current accounting, and Field

refused.

       21.     On April 09, Jordan proclaimed that Ariela was not taken care of physically and

emotionally; and that she was too upset to stay there; and that her dense matting was hurting


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her and was unacceptable; and that she was again worried about Ariela's abscess(es). Jordan

mentioned that she needed to take Ariela to the vet, and Field refused to let her go.

          22.   Henceforth, on that day April 09, Field's anger mounted and she called Jordan's

sister again, in front of Jordan, telling her to take the dog. Consequently, Jordan claimed to

Field that she was "rooking her" - keeping the money climbing ahead when she knew that

Jordan was on fixed Social Security; and that Field was not given permission to continue

boarding costs after February 18, 2009; and that the remaining payment was to be on the

payment plan, and stated that Field should accept the $700.00 balance; and Field refused the

$700.00, proclaiming that Jordan owed her $4,000.00.

          23.   Continuing April 09, Field was sceeching about the "rooking statement", and

called the Police. Ariela and other little dogs were hysterical. The staff was down the hall,

except for Ms. Rodriquez at the desk who overhead all of it. Jordan went outside to wait for the

Police.

          24.   Officer Ritsch, 13th Precinct, arrived in 20 minutes, and told Jordan to stay

outside; and went inside to speak to Field. Allegedly they discussed the situation; and

according to Officer Ritsch, Field then told the Officer that although $4,000.00 is owed, she'd

accept $2,000.00, and only then she'd allow Jordan to take Ariela home.

          25.   Officer Ritsch came outside and told Jordan of the above #24, and that she could

have Ariela for $2,000.00. Jordan asked the Officer for an incident Police Report, and he

refused, stating that it was a civil matter.

          26.   From April 9, 2009, Jordan has not been allowed to see Ariela. Jordan's friend,

in communication with Field, told her that Ariela had been groomed and there was a video tape

of her playing with toys. Field asked Jordan's friend if she knew anybody who wanted the dog,

and again, that she would "give the dog to anybody except (Jordan)". Jordan believes and

surmises that the grooming and video has been done in order to sell or give Ariela away.




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         27.   Futhermore, Field later told Jordan's friend that she'd take $1,000.00 instead of

$2,000.00.

         28.   Jordan is in anguish and grief over being estranged from Ariela since April 2009,

and moreover since December 12, 2008.

         29.   Jordan had been alerted to and aware that Ariela was and is in further need of

immediate surgery, and that Ariela's life is threatened. Field continues to ignore the physical and

emotional conditions of Ariela as she covertly looks for another guardian for Ariela.

         30.   Jordan has sent numerous emails to Field which Field has not acknowledged to

Jordan. The emails contained facts of her ignoring the emails; of her wrongdoings; making it

known to Field not to sell or give Ariela away; and Jordan's previous attemps to offer the

$700.00 balance owed to Field, which was refused.

         31.   Jordan mailed Fed Ex a letter to Field stating the above on March 12, 2009.

         32.   Jordan has mailed numerous letters and emails to Field stating the above since

February 18, 2009.

         33.   By reason of the facts and circumstances stated above, defendant has breached

three verbal agreements regarding release of Ariela on February 18, March 04, and March 31,

2009.

         34.   By reason of the facts and circumstances stated above, defendant has extorted

money from Jordan.

         35.   By reason of the facts and cicumstances stated above, defendant has used

bribery to entice Jordan's payments.

         36.   By reason of the facts and circumstances stated above, defendant has used

wanton cruelty, theats, and elder abuse toward Jordan, affecting her physical and emotional

state.

         37.   By reason of the facts and circumstance stated above, defendant has blatantly

and brutally ignored Ariela's tooth abscess(es) inspite of being told by Jordan on numerous


                                                6
occasions that surgery has been indicated by the Vet Janet Ficarra, and that it is/ was pending

in January 2009, and it has been needed throughout the boarding time; and defendant has used

wanton cruelty, neglect, and abuse of Ariela in this matter, affecting her physical and emotional

health, and jeoopardizing her life and well being by disallowing Jordan to initiate surgery.

       38.     By reason of the facts and circumstances stated above, Jordan has reason to

believe that Field is premeditating the theft of Ariela by extorting monies from Jordan that she

cannot pay, and thus leaving Jordan in a vulnerable position open to defendant's maneuver to

take over ownership via a lien or otherwise based in the inappropriate charges.

       39.     Further, Jordan has evidence and assumes that Field is a danger to Ariela, and

has an unnatural and unhealthy obsession and hold over Ariela.

       40.     By reason of the facts and circumstances stated above, defendant should pay for

Ariela's medical expenses from this day onward and in perpetuity.

       41.     By reason of the facts and circumstances stated above, plaintiff has been

damaged by defendant in the sum of $1,000,000.00, which includes emotional and physical

damage to Ariela, and/ or any continued degress in her health and emotional happiness away

from Jordan.

       42.     Jordan is the sole legal owner of Ariela and was brought from the Ukraine for

Jordan when she was 4 months old.

       For these URGENT REASONS and to save Ariela physically and emotionally, Jordan

begs the Court for an immediate emergency relief TRO, attached hereto, to remove Ariela

from the boarding premises to the plaintiff's home immediately, if Jordan has not already done

so; and for Ariela's immediate surgery, medical tests and prescriptions; while issues of this case

are promoted; and to restrain Field from any and all further contact with Ariela.

       Jordan believes the Court should URGENTLY grant this motion as a preventitive

measure because Ariela is in continuing and immediate danger of loss of life or health; and

because of Jordan's valuable knowledge of assumptive evidence indicating defendant's highly


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suspicious and obviously premeditated actions to put recent, current, and direct theft upon

Ariela; and Ariela needs immediate surgery; and defendant has and is endangering the life and

well being of Ariela; and defendant has negligently refused to care for Ariela's health; and

defendant has and is cruelly disregarding and disrespecting the emotional well being of Ariela

by keeping Ariela and Jordan apart; and defendant is using extortion and bribery to sustain

force and enticement upon Jordan to pay costs beyond appropriate and agreed upon charges in

order to maneuver to keep, sell, or steal Ariela; and defendant will continue charging costs of

boarding.

       WHEREFORE, plaintiff demands judgement against defendant in the sum of

$1,000,000.00, plus interest from February 18, 2009, costs and disbursements, and attorney

fees if any and if ever; altogether with any other relief the Court finds to be just and proper.




DATED: _______________________

                                       _________________________________________
                                       EARA JORDAN signature



                                       _________________________________________
                                       EARA JORDAN print



                                       6115 97th Street #6A
                                       Rego Park, New York 11374
                                       917.338.7779
                                       646.620.6877




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