New York Lawsuit

On November 20, 2009, William M. Windsor filed a lawsuit in Albany, New York against the State of New York, the Governor of New York, the Attorney General of New York, the New York State Office of the State Comptroller, the  New York State Office of Parks, Recreation and Historic Preservation, Edward J. Rutkowski, Maid of the Mist Corporation, James V. Glynn, and Christopher Glynn.  The lawsuit seeks to void the agreement between the State of New York and Maid of the Mist Corporation.  The lawsuit also seeks $58 million in damages.

STATEMENT OF CLAIMS – VERIFIED COMPLAINT

NINTH CAUSE OF ACTION

Common Law Fraud.

454.   Petitioner repeats and realleges each and every allegation in the proceeding paragraphs as if set forth herein in full.

455.   JAMES V. GLYNN and EDWARD J. RUTKOWSKI represented facts.

456.   The facts were material.

457.   The representations were false.

458.   Upon information and belief, JAMES V. GLYNN and EDWARD J. RUTKOWSKI had knowledge of the falsity of the statements.

459.   The intent of JAMES V. GLYNN and EDWARD J. RUTKOWSKI was that the representations would be acted upon by STATE OF NEW YORK, GEORGE PATAKI, NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION, BERNADETTE CASTRO, CHRISTOPHER PUSHKARSH, NEW YORK STATE OFFICE OF STATE COMPTROLLER, CARL MC CALL, OFFICE OF NEW YORK ATTORNEY GENERAL, and ELIOT L. SPITZER (the “2002 Government Respondents”).

460.   The 2002 Government Respondents were ignorant of the falsity.

461.   The 2002 Government Respondents relied on the truth of the representations.

462.   The 2002 Government Respondents had a right to rely upon the representations.

463.   Consequent damages were suffered by the Petitioner as a result.

464.   Respondeat superior (principals are liable for their agents’ misconduct).

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