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纽约高等法院，马蕊状告郭文贵强奸一案诉状
纽约最高法院 诉状
原告，马蕊
被告， 郭文贵， 又名郭 浩云， Miles Kwok
原告马蕊，由 Arkin Solbakken律所律师代理，
起诉郭文贵， 又名郭浩云，Miles Kwok 如下：
一、预先声明
1.在过去几年中，被告人精心将自己的形象打造为一名政治异见人士，曝光中国政府内部的腐败问题。
2.然而，这种伪造公众形象只是其烟雾弹，是其通过个人雄厚的财富和与西方世界广泛的人际关系包装出来的。
3.被告人精心编造的故事不仅是为了自我满足， 而且还是被告对包括原告在内的多名人员发起恐吓攻势的掩护。
4. 据此诉状，原告要求被告对其施加的多次性侵犯行为予以经济赔偿，以便被告——其曾逃脱多次刑事司法制裁——接受民事法庭追究。
二、当事人
5.原告为 28岁中国籍女性，在涉此案相关时间被被告雇佣为私人助理。原告发誓其诉状所陈述指控属实。
6.被告为50岁男性，持香港（护照号KJ0398054 ）、阿联酋（护照号J11F59997 )护照，拥有香港（身份证号 P746467(7))、瓦努阿图身份。
7.被告曾、且目前仍居住与纽约第五大道781号知名的 Sherry-Netherland酒店。
8.根据下文陈述，被告被媒体描述为“转变为政治活跃者的中国亿万富豪”。
三、管辖权和审判地
9. 法院拥有此案管辖权，鉴于被告是纽约居民。
10. 审判地符合CPLR501条款，鉴于被告是本国居民。
四、支撑指控的事实
11. 被告是知名人士，资产估值20亿美元。
12. 上文已陈述，被告通过媒体专门塑造了个人形象，被以“敢言异议人士”形象被称赞，其在曼哈顿奢侈豪宅中冒个人风险做出大量中国政府腐败指控。
13. 因此，被告的指控引发一系列本地及国外媒体报道，被告被称为勇敢的举报人，虽然其也面临经济诈骗指控。
（一）被告开始对原告发起暴力恐吓
14. 被告利用在美国的关系，继续开展商业活动。
15. 为此，被告寻找私人助理，并雇佣了原告。
16. 原告被要求与被告共同旅行，至包括美国、英国、巴哈马等多个国家和地区。
17. 遗憾的是，原告乍看认为是好机会的工作，迅速转变向其从未想象的方向。
18. 事实上，就在原告抵达纽约与被告共同后，被告强制收走原告护照，并不再归还原告。
19. 被告随后建议原告称，鉴于原告已为其工作，她不可以再回到中国。被告警告称，如果原告回国，将被捕入狱并被虐待。
20. 被告随后禁止原告与除最亲密家人外的任何人说话。并禁止原告与任何纽约本地或其他工作地点的人员交流。
21. 被告为实现完全孤立原告的目的，没收了原告所有电子设备。
22. 被告将原告从外部世界全面孤立，并声称自己是她的唯一救世主。
23. 例如，被告经常将原告限制在某一房间内并将房间上锁，直至被告决定将其释放。
24. 原告的处境进一步恶化，因为其当时并不是一名流利的英语使用者。因此，其与外界沟通的几率，在被被告囚禁在一个非母语国家中的情况下，事实上是不存在的。
25. 由于被告的相关措施，原告完全处于被告的控制和监禁之下。
（二）被告在纽约首次强奸未遂
26. 在对原告施加了身体与精神的控制后，被告开始发起热切的身体与精神上的恐吓。
27. 随后，被告开始了一系列性侵犯活动，原告为受害者。
28. 例如，某晚，原告正在被告住处，Sherry- Netherland 酒店为其会客做准备。
29. 出于未名原因，在当晚将其带至“放映室”。
30. 被告将原告带至放映室后，随即将门上锁，撕扯原告衣服，并对其进行击打。
31. 原告得以离开房间时，鉴于没有护照且无法和外界联络，且如果原告违背被告将面临安全威胁，所以原告持续被被告囚禁。
（三）被告对原告首次强奸
32. 此后，在巴哈马，被告强追原告与其饮酒。
33. 随后，原告告辞回房休息。
34. 不久，原告被被告唤醒。被告骑在她身上并企图分开原告双腿。
35. 原告高声要求被告停止。但被告拒绝，最终暴力制服原告。
36. 被告在未得到原告同意的情况下强制与之发生性关系。
37. 暴行结束后，被告将流血的原告独自留在房间。
38. 原告继续生活在对被告的恐惧中，晚上不得不锁上房门，并保持尽可能长时间的清醒状态，以防被告再次进入房间实施强奸。
（四）被告笫二次强奸原告
39. 强奸后，被告对原告的囚禁仍在持续。
40. 第二次发生在被告伦敦Prince''''s Gate办公室内。
41. 原告正在工作时，被告走入房间。
42. 随后被告将门反锁。
43. 被告直接走向原告，将其粗暴从椅子上拽起。
44. 被告将原告摔在地上，开始尝试撕扯其衣服。
45. 原告试图并持续做出身体反抗。
46. 此时，原告试图用手盖住牛仔裤的扣子。
47. 原告最终被被告暴力制服，强行将手分开。
48. 原告被制服后，被告扯掉原告牛仔裤扣子，将其裤子与内裤脱掉。
49. 整个反抗过程中，原告乞求被告停止。
50. 被告拒绝，冷酷地告诉原告不要呼喊。
51. 被告将原告双手控制住，以防其继续反抗，并将身体押上。
52. 被告用腿分开原告双腿，随后实施强奸。
（五）原告逃离并向中国警方报案
53. 最终，原告得以逃离被告控制。
54. 在一位英国律师的帮助下，原告发表了一封手写的《个人声明》，描述了上述内容，并向中国警方报案。
55. 随后，原告向中国有关部门提供证词并起誓陈述属实，相关内容构成了本诉状主要内容。
56. 声明中，原告描述了被告在英国强奸后，于自己内裤留下精液的情况。
57. 接到报案后，中国警方将相关物证留存。相关证据是中国对被告发出第二张全球通缉令的依据。
58. 被告令人震惊且胆大妄为的行径对原告造成了严重且长期的身体与精神伤窖。
59. 被告应对其非法囚禁、强奸、殴打等罪行负责。
五、指控第一条罪行（殴打）
60. 原告指控内容已在上文提及，完整陈述。
61. 如上文所述，被告对原告持续地采取了一系列监禁、暴力及性侵行为。
62.被告对原告实施物理监禁，殴打，强奸。
63.被告的行为包括对原告的殴打，并实际实施且对原告造成身体伤害。
64. 被告通过身体接触对原告施加痛苦的侵犯。
65. 这些接触是故意的、未得到原告允许的且本质上极具攻击性。
66. 这些接触未经允许，亦无合理原因，被告也未遭挑衅。被告清楚其行为未得到原告允许。
67. 原告承受的伤害完全是由被告一个人施加。
68. 因以上行径，原告经受了严重的身体与精神痛苦，及羞辱，且被限制人身自由，否则其将遭到更多伤害。
69. 因以上行径，原告所受伤害应或赔偿，待法庭判决，应不少于2000万美元。
六、指控第二条罪行（强奸）
70. 原告指控内容已在上文提及，完整陈述。
71. 如上文所述，被告对原告持续地采取了一系列监禁、暴力及性侵行为。
72. 被告对原告实施物理监禁，殴打，强奸。
73. 被告的行为包括对原告的强奸，并实际实施且对原告造成身体伤害。
74. 被告通过身体接触对原告施加痛苦的侵犯。
75. 这些接触是故意的、未得到原告允许的且本质上极具攻击性。
76. 这些接触未经允许，亦无合理原因，被告也未遭挑衅。被告清楚其行为未得到原告允许。
77. 原告承受的伤害完全是由被告一个人施加。
78. 因以上行径，原告经受了严重的身体与精神痛苦，及羞辱，且被限制人身自由，否则其将遭到更多伤害。
79. 因以上行径，原告所受伤害应或赔偿，待法庭判决， 应不少于 2000万美元。
七、指控第三条罪行（故意造成精神损害）
80. 原告指控内容已在上文提及，完整陈述。
81. 被告的行径，包括对原告的囚禁，强奸，殴打，是极端，粗暴，完全不能被文明社会所容忍的。
82. 被告行为均属故意实施。对原告造成了极大的精神损害。
83. 被告的行为是原告遭受伤害的直接原因。
84. 原告被剥夺自由，遭受了严重的身体和精神痛苦。
85. 因以上行径，原告所受伤害应或赔偿，待法庭判决， 应不少于 2000万美元。
八、指控第四条罪行（过失造成精神损害）
86. 原告指控内容已在上文提及，完整陈述。
87. 被告的行径，包括对原告的强奸，殴打，对原告精神造成严重伤害。
88. 被告的行为是原告遭受伤害的直接原因。
89. 原告被剥夺自由，遭受了严重的身体和精神痛苦。
90. 因以上行径，原告所受伤害应或赔偿，待法庭判决，应不少于 2000 万美元。
九、原告要求
基于以上，原告要求法院作出以下判决：
a )对于第一 条指控， 根据法院判决 结果， 应赔偿至少 2000万美元， 并支付法定 利息、罚金、律师费、相关费用及其他法庭认为合理合法的处罚。
b )对于第二条指控， 根据法院判决结果，应赔偿至少2000万美元，并支付法定利息、罚金、律师费、相关费用及其他法庭认为合理合法的处罚。
c )对于第三条指控，根据法院判决结果，应赔偿至少2000万美元，并支付法定利息、罚金、律师费、相关费用及其他法庭认为合理合法的处罚。
d )对于第四条指控，根据法院判决结果，应赔偿至少 2000万美元，并支付法定利息、罚金、律师费、相关费用及其他法庭认为合理合法的处罚。
e )对以上指控，对原告作出惩罚性赔偿。
纽约
2017 年 9 月 7 日
ArkinSolbakken律师事务所马蕊原告律师LisaSolbakken及Robert Angelillo
纽约莱克星顿大道750号25层
(212) 333-0200
马蕊起诉状英文版：
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
X
RUIMA, Index. No.
-against-
Plaintiff,
VERIFIED COMPLAINT
GUO WENGUI a/k/a MILES KWOK and GOLDEN SPRING (NEW YORK) LTD.,
Defendants.
---------------x
Plaintiff Rui Ma (“Plaintiff”), by her undersigned attorneys, as and for her verified complaint against defendant Guo Wengui a/k/a Miles Kwok (“Defendant Kwok”), and Golden
Spring (New York) Ltd. (a/k/a Shiny Times Holding Limited, Spirit Charter Investment Limited and Beijing Pangu Investment Inc.) ("Golden Spring") respectfully alleges as follows:
PRELIMINARY STATEMENT
1. Over a period of several years, Defendant Kwok carefully cultivated an image of himself as a cultured political dissident who stands up to -- and exposes the rampant corruption within -- the tyrannical government of the People''''s Republic of China (the "PRC").
2. This public persona, however, is a smokescreen, largely facilitated by Defendant Kwok''''s considerable personal wealth and prominent connections in the West.
3. In fact, this crafted fiction serves not only to satisfy tl1e ego of Defendant Kwok and those who affiliate with him; it further provides Defendant Kwok with a means to
mask the campaign of intimidation and terror he unleashes regularly upon those few of his employees, like Plaintiff, who dare not submit themselves entirely to his domination.
4. By this Complaint, Plaintiff seeks recompense from Defendant Kwok for his repeated acts of mental cruelty and sexual violence, so that Defendant Kwok -- who has fled the jurisdictions in which he could be held criminally responsible - might be held accountable in a civil forum for his wrongs.
THE:PARTIES
5. Plaintiff is a 28-year old woman who is a Chinese national and who was, at all relevant times relevant here, employed as a personal assistant to Defendant Kwok. Plaintiff swears to the accuracy of the claims set forth herein by the verification attached to this pleading.
6. Defendant Kwok is a 50-year old man, who is also a Chinese national.
7. At all relevant times, Defendant Kwok was, and remains, a New York resident living in the Sherry-Netherland Hotel in an apartment that has been valued at approximately $68 million, located at 781 Fifth Avenue, New York, New York.
8. Defendant Golden Spring is a Delaware Corporation affiliated with Defendant Kwok, authorized to do business in the State of New York.
9. Upon information and belief, Defendant Kwok has used, and continues to use, an alias, which he perpetuates via forged and false official travel documents in connection with his international travel, to avoid the detection of relevant authorities.
10. For exmple, on information and belief, Defendant Kwok has traveled under the
n皿 e Ho Wan Kwok and had official travel documents issued in that name, which is fictitious.
11. It has been reported that Defendant has now sought asylum in the United States, claiming that he has become "a political opponent of the Chinese regime." nytimes.com/201..-corruption-asy lum.html?_r=0
12. Upon information and belief, Defendant''''s asylum application, which will allow him to remain in the United States perhaps for years, is nothing more than a ruse to allow him to continue to avoid answering for his crimes against Plaintiff in the PRC.
JURISDICTION AND VENUE
13. This Court has jurisdiction over this matter given that Defendant Kwok is a resident of the State of New York.
14. Venue in this County is proper pursuant to CPLR 503 since Defendant Kwok is a resident of this County.
FACTS SUPPORT CLAIMS
15. Defendant Kwok is a well-known Chinese national with an estimated net worth in excess of $2 billion.
16. Defendant Kwok has fashioned a particular persona via the media, such that he is lauded by some as a courageous dissident who has, at personal risk, detailed myriad allegations of corruption at the government of the PRC.
17. Not surprisingly, Defendm1t Kwok''''s claims have resulted in a fair 皿 ount of press coverage, both locally and abroad, wherein Defendant Kwok is depicted as a whistleblower - albeit one with an indisputably checkered past rife with allegations of economic fraud. See, e.g., nytimes.com/201..sia/guo-wengui-
china-corruption-xi-jinping.html?mcubz=1.
18. By his narrative, Defendant Kwok hopes to obtain political support for a petition for asylum in the United States, where he has yet to answer any of these the grave charges of misconduct pending in his homeland.
Plaintiff Is Lured Away from her Family and Friends
19. Perhaps emboldened by the respite from his foibles in China that afforded him by the status of his New York address and the prominence of his connections in the United States, Defendant Kwok commenced building an infrastructure that would allow for him to continue conducting business.
20. To this end, Defendant Kwok established for himself a staff.
21. Plaintiff, who was then employed by one of Defendant Kwok''''s China-based affiliated entities, was told that she was to travel to New York to meet with Defendant Kwok, in connection with a process that would require that she remain in the United States for only one week.
22, This was a ruse. Unbeknownst to Plaintiff, she would not return to her home until almost three years later.
Plaintiff''''s "Employment" Commences
23. After meeting Defendant Kwok for the first time in New York, Plaintiff realized that she had taken no ordinary business trip.
24. She was advised that she had arrived to act as Defendant Kwok''''s personal assistant.
25. In this capacity, she would be required to travel with Defendant Kwok to many different countries, including the United Kingdom ("U.K.") and the Bahamas.
26. Defendant Kwok further advised Plaintiff that, given that she was now in his employ, she could not at any point return to the PRC. If she did, Defendant Kwok warned, Plaintiff would be arrested and thrown in prison, where she would be tortured.
27. To ensure that Plaintiff did not leave on her own, Defendant Kwok forcibly took away Plaintiff''''s passport, and precluded Plaintiff from accessing it.
28. Defendant Kwok further closely monitor her access telephonic and electronic means of communication, choosing when she could use her phone and laptop, and obtaining from her the passwords she used for Facebook and other applications. He further had her internet browser monitored, so that he would be aware of any "inappropriate" website activity.
29. Defendant Kwok additionally forbad Plaintiff from independently fraternizing in any way with others outside his presence. She was to have permission to call her parents;
no other contact with family or friends was permitted.
30. Plaintiff''''s isolation was exacerbated by the fact that she was not, at this time, a proficient English speaker. Accordingly, her limited opportunity to communicate with anyone while confined within Defendant Kwok''''s entourage in non-Chinese speaking countries was virtually non-existent.
31. As a result of Defendant Kwok''''s actions, almost immediately upon her arrival to the United States and at all relevant times thereafter, Plaintiff became Defendant Kwok''''s captive.
Defendant Kwok''''s Abuse Turns Physical
32. Once he had obtained physical control over her person, Defendant Kwok began in earnest his program of terror.
33. Among other things, for example, Defendant Kwok would require that Plaintiff until 2 a.m. or 4 a.m., seven days a week -- depriving her of any real opportunity to sleep.
34. When she made a mistake of any sort (whether it be defying one of Defendant Kwok''''s "rules" or simply failing to attend to a business matter to his liking), Plaintiff would be subject to obscene ridicule, where she would be called a "pig" and a "whore," about whom her parents would be ashamed.
35. This unrelenting verbal abuse was soon punctuated by acts of physical assault.
36. For example, while assisting in preparations for guests who were to arrive at Defendant Kwok''''s New York apartment, Defendant Kwok directed Plaintiff to go into the
“cinema room."
37. Once there, Defendant Kwok pulled down his pru1ts ru1d underwear, and begru1 to tear at Plaintiff''''s skirt 扣 1d tights, physically battering her in the process.
38. Plaintiff plead with Defendant Kwok and thereby narrowly avoided rape on this one occasion. Yet without her passport and in constant fear for her own safety and that of her parents (whom Defendant Kwok had threatened to harm physically if she crossed Defendant Kwok in any way), Plaintiff remained in Defendant Kwok''''s captivity.
Defendant Kwok Rapes Plaintiff
39. Not long after the incident in the cinema room, Defendant Kwok directed Plaintiff to have drinks with him.
40. Plaintiff initially objected to this, indicating to him that she did not want to drink.
41. Defendant Kwok, however, insisted - after which Plaintiff relented with the hopes of avoiding the humiliating and rage-filled outburst that she knew would occur if she did not.
42. After some time, Plaintiff excused herself and went to her bedroom to sleep, only to be awoken by Defendant Kwok, who was lying on top of her and attempting to separate her legs.
43. Plaintiff yelled at Defendant Kwok to stop, but he refused to do so. Eventually, Defendant Kwok overpowered her, and engaged in forced sexual intercourse with Plaintiff, without her consent.
44. After this violence concluded, Defendant Kwok left Plaintiff alone, bleeding in her bed.
45. Plaintiff continued to live in constant fear of Defendant Kwok thereafter, remaining awake for as long as she could muster for fear that Defendant Kwok would again enter her room.
Defendant Kwok Rapes Plaintiff for the Second Time
46. Subsequent to this rape, Defendant Kwok''''s confinement and isolation of Plaintiff continued, and while at Defendant Kwok''''s London home, Plaintiffs was raped for a second time.
47. While Plaintiff was working Defendant Kwok entered the room where she was situated and locked the door behind him.
48. He violently pulled Plaintiff from her chair, and threw Plaintiff to the floor and began to tear at her clothing.
49. Plaintiff attempted to fight off Defendant Kwok''''s attack, engaging in a sustained physical struggle.
50. Again, however, Plaintiff, however, was ultimately overpowered by Defendant Kwok, who tore at Plaintiff''''s pants and underwear.
51. Throughout this entire struggle, Plaintiff begged Defendant Kwok to stop.
52. But Defendant Kwok did not stop, and instead coldly responded that Plaintiff must stop shouting.
53. Defendant Kwok proceeded to pin Plaintiff''''s hands together with one hand, so that she could no longer resist him, and put the full weight of his body on her.
54. Defendant Kwok then proceeded to use his legs to separate Plaintiff''''s legs and again forcibly raped her.
Plaintiff Escapes Defendant Kwok''''s Captivity and Reports Defendant Kwok to the PRC Criminal Authorities
55. As a result of Defendant Kwok''''s unrelenting emotional and physical abuse, Plaintiff fell into a deep depression.
56. She began to take as a given that her abuse would continue (and worsen) no matter how much she adhered to the rules that Defendant Kwok laid out for her.
57. Plaintiff determined that she would attempt to reach out to people in ways that Defendant Kwok did not yet anticipate or could not yet control given his confiscation of her identification and passwords for social medial like Facebook and Twitter, if for no other reason than her desperate need for kindness from anotl1er human.
58. Plaintiff then created a profile on a dating web application, and, upon receiving responses, would tentatively broach the subject of her mistreatment at tl1e hands of her employer.
59. Plaintiff utilized tl1e dating application because she knew that Defendant Kwok was monitoring all other social media outlets, e.g. Facebook and Twitter, and she had virtually no other means of privately communicating with the outside world.
60. This narrow band of potential access was soon thwarted, however.
61. On information and belief, one of Defendant Kwok''''s favored employees (there were a number of females in the office that willing engaged in intercourse with him) discovered the account Plaintiff created and revealed Plaintiff''''s activities.
62. Defendant Kwok''''s anger was extreme. After demeaning her in front of her colleagues he advised her that she would be subject to extreme punishment for her actions.
63. Plaintiff, fearing for her life and the safety of her parents, Chinese nationals whom Defendant Kwok threatened were accessible to him through his vast resources and could be harmed, planned picked an appropriate time for escape.
64. Without her belongings and with very little money, Plaintiff choose her best opportunity and fled from Defendant Kwok''''s London home.
65. Upon arrival at the Chinese Embassy, she was able to communicate with an attorney in the United Kingdom, and was assured she would be protected from any retaliation Defendant Kwok might pursue if she pressed charges.
Plaintiff File Criminal Complaints in the PRC
66. Following her return home, Plaintiff issued various written statements in connection with filing a criminal action against Defendant Kwok in the PRC.
67. In those statements, Plaintiff identified physical evidence of her allegations.
68. Upon information and belief, that physical evidence is now in the custody of the PRC criminal authorities and is, in part, the basis for an arrest warrant issued by the PRC.
69. Unfortunately, notwithstanding Plaintiff''''s escape from Defendant Kwok, his campaign of intimidation has continued.
70. For example, Plaintiff''''s parent have been contacted repeatedly by individuals who, upon information and belief, are agents Defendant Kwok.
71. Defendant Kwok has also taken to his twitter account, to post photos of Plaintiff (and her parents), as well as identifying information like her address.
72. Upon information and belief, these efforts are directed at silencing Plaintiff so that Defendant Kwok might avoid answering for his wrongs.
73. Defendant Kwok''''s shocking and outrageous conduct has caused serious and lasting physical and emotional damage to Plaintiff.
74. Defendant Kwok should be held responsible for his continuing acts of confmement, assault, and battery.
AS AND FOR A FIRST CAUSE OF ACTION
(Battery)
75. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
76. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
77. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
78. Defendant Kwok''''s acts constitute a battery upon Plaintiff in that Defendant Kwok intentionally attempted to and did in fact physically attack and injure Plaintiff.
79. Defendant Kwok''''s wrongful bodily contact constituted a grievous affront to Plaintiff.
80. Defendant Kwok''''s wrongful bodily contact was intentional, unauthorized, and grossly offensive in nature.
81. Defendant Kwok''''s wrongful bodily contact was unwarranted, without any just cause or provocation ai1d Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
82. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
83. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
84. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
85. The limitations on liability set forth in CPLR 1601 do not apply to this action.
86. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SECOND CAUSE OF ACTION
(Assault)
87. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
88. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
89. Defendru1t Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
90. Defendant Kwok''''s acts constitute fill assault upon Plaintiff in that DefendaJ1t Kwok intentionally threatened to 扣1d did in fact physically attack aJ1d injure Plaintiff.
91. Defendant Kwok''''s wrongful bodily contact constituted a grievous affront to Plaintiff.
92. Defendant Kwok''''s threatened and actual wrongful bodily contact was intentional, unauthorized, m1d grossly offensive in nature.
93. Defendant Kwok''''s threatened and wrongful bodily contact was unwarranted, without any just cause or provocation and Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
94. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
95. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
96. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event Jess than $20 million.
97. The limitations on liability set forth in CPLR 1601 do not apply to this action.
98. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth CPLR 1602.
AS AND FORA THIRD CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
99. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
100. Defendant Kwok''''s conduct, by confining, forcibly raping and physically battering Plaintiff, without provocation or justification, was extreme, outrageous, and utterly intolerable in a civilized community and was otherwise conduct that exceeded all reasonable bounds of decency.
101. Defendant Kwok''''s conduct, desc1-ibed above, was intended to and did cause severe emotional distress to Plaintiff.
102. Defendant Kwok''''s conduct was tl1e direct and proximate cause of injury and damage to Plaintiff.
103. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering and was otherwise damaged and injured.
I04. As a direct and proximate result of 出e foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less tl1an $20 million.
I 05. The limitations on liability set forth in CPLR 160I do not apply to this action.
106. The limitations on liability set forth i.J.1 CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS ANO FOR A FOURTH CAUSE OF ACTION
(Negligent Infliction of Emotional Distress)
I 07. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
108. Defendant Kwok''''s conduct, in assaulting and battering Plaintiff, was careless and negligent as to the emotional health of Plaintiff, and did, in fact, cause severe emotional distress to Plaintiff.
109. The acts 扣1d conduct of Defendant Kwok was the direct and proximate cause of injury and damage to Plaintiff.
110. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering, and was otherwise damaged and injured.
Ill. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be detem1ined at trial but in no event less than $20 million.
112. The limitations on liability set forth in CPLR 1601 do not apply to this action.
113. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A FIFTH CAUSE OF ACTION
(Negligence)
114. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
115. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
116. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
117. At all relevant times, Defendant Kwok was Plaintiff''''s employer and thus had a duty to protect Plaintiff from injury while Plaintiff was performing the duties and responsibilities of her employment.
118. Defendant Kwok breached this duty by engaging in the conduct set forth in detail hereinabove.
119. As set forth above, Plaintiff was caused to be injured solely and wholly due to the negligence and carelessness of Defendant Kwok.
120. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional p 缸 n and humiliation, was deprived of her liberty and was otherwise damaged and injured.
121. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
122. The limitations on liability set forth in CPLR 1601 do not apply to this action.
123. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SIXTH CAUSE OF ACTION
(False lmprisonment/Wrongful Confinement)
124. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
125. As a result of Defendant Kwok''''s actions as set forth above, at all relevant times, Plaintiff was under Defendant Kwok''''s control and captivity.
126. At all relevant times, Plaintiff was aware that she was being confined against her will.
127. Plaintiff did not consent to confinement by Defendant Kwok and, instead, confinement was imposed upon her as set forth above.
128. Defendant Kwok''''s wrongful confinement of Plaintiff was not authorized by law, regulation or otherwise.
129. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
130. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
131. The limitations on liability set forth in CPLR 1601 do not apply to this action.
132. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SEVENTH CAUSE OF ACTION
(Negligence As Against Defendant Golden Spring)
133. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
134. Upon information m1d belief, at all relevant times, Plaintiff was employed by Golden Spring, which is business entity owned and/or controlled by Defendant Kwok.
135. Upon information and belief, at all relevant times, Golden Spring owned, operated, managed, maintained, controlled, secured and supervised the Plaintiff''''s workspace and its employees, officers and/or agents within Plaintiff''''s workspace, including Defendant Kwok.
136. Upon information and belief, at all relevant times, Golden Spring, as the owner, operator, supervisor and manager of Plaintiff''''s workspace and its employees, officers and/or agents within Plaintiff''''s workspace, including Defendant Kwok, had a duty to protect Plaintiff from injury while Plaintiff was lawfully within such workspace.
137. Upon information m1d belief, that, as set forth above, on numerous occasions up
through 印 d including November 19, 2016, while lawfully within such workspace, Plaintiff was caused to be injured solely 血 wholly due to the negligence and
C釭 elessness of Golden Spring in the ownership, operation, management, maintenance, control security and supervision of such workspace and its employees, officers and/or agents within Plaintiff''''s workspace, including Defendant Kwok, without any negligence on the part of the Plaintiff contributing thereto.
138. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
139. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
140. The limitations on liability set forth in CPLR 1601 do not apply to this action.
141. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
WHEREFORE Plaintiff respectfully requests that the Court enter judgment as follows:
(a) On the first cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(b) On tl1e second cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(c) On the third cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(d) On the fourth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less tl1an $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and furtl1er relief as this Court deems just and proper under the circumstances;
(e) On the fifth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(f) On the sixth cause of action against Defendant Kwok, in an 印 10unt to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys'''' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(g) On the seventh cause of action against Golden Spring, in an 血 10unt to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys''''fees and costs, and such other and further relief as this Court deems just and proper under the circumstances; and
(h) On all causes of action, awarding Plaintiff punitive damages.
Dated: New York, New York September 11, 2017
ARKIN SOLBAKKEN LLP
By: Lisa C. Solbakken, Esq.
Robert C. Ange illo, Esq.
750 Lexington Avenue - 25th Floor New York, New York 10022
(212) 333-0200
Attorneys for Plaintiff Rui Ma
