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Volpe v. Paniccioli

Counterclaims for Defamation, Fraud Denied Dismissal in Sexual Harassment Suit

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Decision and Order

*1 In this action (Volpe v. Paniccioli, Sup Ct, New York County, St. George, J., Index No. 159739/2015 [Volpe]), plaintiff Leonora Volpe alleges that, while she worked for defendants on a motion picture relating to the ballet world, defendant Anthony Carmine Paniccioli sexually harassed her. The complaint describes in detail numerous alleged acts of harassment. In addition, she sues Mr. Paniccioli for $150,000, the remaining amount allegedly due to her under the film contract. She alleges that defendants’ counterclaims are retaliatory. She alleges causes of action under the city’s Civil Rights Laws (Administrative Code of City of NY tit 8), sections 8-107 (1) (a), 8-107 (1) (e), 8-107 (19), and 8-107 (13)), as well as under State law (Executive Law §§296, 296 [7], and 296 [6])). Plaintiff further asserts causes of action for assault and battery, intentional infliction of emotional distress, aggravated sexual abuse in the first degree,1 gender motivated violence, and breach of contract.In their answer, defendants deny all of plaintiff’s allegations against them and assert several counterclaims. In their first and second counterclaims they assert defamation, based on

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