Gravante Jr. Defamation Complaint

8/17/2019 Gravante Jr. Defamation Complaint

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IN THE CIRCUIT COURT OF THETWENTIETH JUDICIAL CIRCUIT INAND FOR COLLIER COUNTY,

FLORIDA

CASE NO. _________________________

NICHOLAS GRAVANTE, JR.,

Plaintiff,

v.

ELINOR GRAVANTE,

Defendant.

COMPLAINT

Plaintiff Nicholas Gravante, Jr. (“Gravante, Jr.”) by his attorneys, GrayRobinson, for

his Complaint against Defendant Elinor Gravante (“Mrs. Gravante” or “the Defendant”)

states as follows:

NATURE OF THE ACTION

1.

This is an action for damages in excess of $15,000.00, exclusive of costs,

interest and attorneys’ fees. Primarily, however, it is an action seeking injunctive relief to

enjoin Defendant Mrs. Gravante from continuing to knowingly and/or recklessly make

statements that she knows to be false about Gravante, Jr. Defendant Mrs. Gravante is, has

repeatedly threatened to, and has explicitly admitted that she is, in fact, making such

statements to damage Gravante, Jr.’s professional and personal reputation for unlawful

purposes.

Filing # 39526364 E-Filed 03/28/2016 03:05:57 PM


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grandchildren, to many of her Florida neighbors, and to many others that, if Gravante, Sr.

were to pass away, she did not want to inherit, occupy or own any portion of, nor did she

want to pay any of the bills relating to maintenance of, a lakefront property located at 77

Lake Drive North, Candlewood Isle, Connecticut (the “Candlewood Isle Property”) that was

owned by Gravante, Sr. Gravante, Sr. had suffered the first two of three strokes that

ultimately led to his death at the Candlewood Isle Property and Mrs. Gravante also stated to

most of the same individuals that she had no desire ever to return to the property.

Accordingly, she requested that the property immediately be transferred directly and

immediately from Gravante Sr. to the Plaintiff and his siblings in equal shares so that it

would not pass through her estate. Gravante, Sr., who had long wanted to transfer the

Candlewood Isle Property to his three children, agreed.

6. On December 10, 2014, Gravante, Sr. signed a power of attorney, prepared by

Richard Gravante at Defendant Mrs. Gravante’s request, giving Defendant Mrs. Gravante the

power to, inter alia, engage in real estate transactions on behalf of her husband, Gravante, Sr.

The power of attorney signed by Gravante, Sr. was a Connecticut statutory short form power

of attorney. A copy of the power of attorney is attached to this Complaint as Exhibit A. The

power of attorney signed by Gravante, Sr. on or about December 10, 2014, was witnessed by

his grandson, Nicholas J. Gravante, Plaintiff Gravante, Jr., Richard Gravante and Richard

Gravante’s wife, Mary Looby. Gravante, Sr.’s signature was notarized by Mary Looby and

the power of attorney was recorded in Fairfield County, Connecticut on February 3, 2015.

7. After receiving the power of attorney attached to this Complaint as Exhibit A,

on January 17, 2015, Defendant Mrs. Gravante then executed a deed at a local Chase Bank


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branch office in Collier County, prepared by Richard Gravante at Defendant Mrs. Gravante’s

request, transferring the Candlewood Isle Property from Gravante Sr. to Plaintiff and his

siblings in equal shares. A copy of the deed is attached to this Complaint as Exhibit B. After

directly explaining to Defendant Mrs. Gravante the nature of the document she was executing

before him that day, Steven Horn, an employee of the Chase Bank in Naples, notarized the

deed on January 17, 2015, in Collier County.

8. Because Defendant Mrs. Gravante wanted assistance opening up a new bank

account at Chase and because Plaintiff Gravante, Jr. was in Naples, Florida with friends for

that holiday Martin Luther King weekend (as he had regularly been for that weekend for over

a decade), Plaintiff Gravante, Jr. drove Defendant Mrs. Gravante to the bank both on January

16, 2015, and again on January 17, 2015. On January, 17, 2015, Gravante, Jr. was a witness

to Steven Horn’s description to Mrs. Gravante of the nature of the deed she was executing.

As she had numerous times before, both to family and others, Defendant Mrs. Gravante also

manifested her understanding of the nature of the deed she was executing the very evening

before she signed it, on January 16, 2015, when she discussed it in the presence of several

others at a dinner to which Gravante, Jr. invited and took her at the Capital Grille in Naples,

Florida.

9. After executing the deed before Mr. Horn at Chase Bank on January 17, 2015,

Defendant Mrs. Gravante thereafter directed and caused the deed attached to this Complaint

as Exhibit B to be recorded in Fairfield County, Connecticut on February 3, 2015. After the

deed was recorded on February 3, 2015, Gravante, Sr. died of natural causes in New York on


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March 7, 2015. At the time he died, Gravante, Sr. was intestate. Defendant Mrs. Gravante

was in Florida at the time of his death.

10.

Subsequent to Gravante Sr.’s death and in reliance on the transfer of the

Candlewood Isle Property by Defendant Mrs. Gravante, on behalf of Gravante, Sr., to

Plaintiff and his siblings on February 3, 2015, Plaintiff and his siblings entered into a

transaction among themselves whereby, after having the Candlewood Isle Property

appraised, Christine Castellano purchased from each of her brothers, Richard Gravante and

Plaintiff Gravante, Jr., their one-third interest in the property for one-third of the property’s

appraised value. As a result of that transaction, Castellano acquired 100% ownership of the

Candlewood Isle Property.

11. During April and May of 2015, Castellano invested substantial sums

renovating, repairing, and redecorating the Candlewood Isle Property. Defendant Mrs.

Gravante was aware that Castellano was taking all of those actions and never objected to any

of them. During the renovations and redecorating of the property, in addition to requesting

and being given all of her clothes and other personal effects that were located at the property,

Mrs. Gravante also requested that she receive certain other items that she wanted to take for

her Florida residence.

12. Every item Defendant Mrs. Gravante requested from the Candlewood Isle

Property at the time was given to her by Castellano. All of the other furniture in the house,

most of which was over 40 years old and worthless, was kept or disposed of, and some was

taken by Plaintiff Gravante Jr. who, with Defendant Mrs. Gravante’s knowledge, hired a


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moving company to have some of the furniture transported from Connecticut to a small,

empty weekend home in Pennsylvania he and his wife owned.

13.

Throughout the entire period in which these transactions, repairs, renovations,

actions and expenditures were taking place, Defendant Mrs. Gravante was fully aware that

they were taking place and affirmatively assisted Plaintiff and his siblings. Defendant Mrs.

Gravante was never asked to pay, nor did she pay, any expenses necessary to renovate, repair

and redecorate the Candlewood Isle Property. At no time prior to July 2015, and not until

after an argument she had with Castellano in June 2015 described below, did Defendant Mrs.

Gravante ever assert that she still had or desired an ownership interest in the Candlewood Isle

Property.

14. In June 2015, Defendant Mrs. Gravante was invited by Castellano to spend the

Fourth of July weekend with her and her family at the Candlewood Isle Property. During a

telephone conversation with Castellano prior to and relating to that weekend, Defendant Mrs.

Gravante requested to stay in the master bedroom of the house during that weekend, which

by then was fully occupied by Castellano and her husband. After Castellano told Defendant

that it was inconvenient for her to stay in the master bedroom because Castellano was also

having other guests that weekend, an argument ensued and Defendant Mrs. Gravante refused

to go to the property for Fourth of July weekend or for the rest of the summer despite

numerous invitations from Castellano and her family.

15. In retaliation for Castellano’s asking Defendant to stay in a different bedroom

that weekend, for the first time during July 2015, Defendant Mrs. Gravante began asserting


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to her family, including to her children and grandchildren, that she had “changed her mind”

and wanted “her” Candlewood Isle Property (which she had never owned) “returned to her.”

16.

At the time, in furtherance of her effort to have the Candlewood Isle Property

“returned to her,” Mrs. Gravante also began falsely asserting to numerous individuals,

particularly in Florida, that Plaintiff Gravante, Jr. had conspired and “stolen” the

Candlewood Isle Property from her and that she had been “tricked” by Plaintiff into

executing the deed by which, six months earlier, she had transferred the property to her three

children prior to Gravante, Sr.’s death.

17. In particular, with knowledge that such statements were false and defamatory

at the time she made them, Mrs. Gravante began telling numerous people, including her

grandchildren, family friends, business associates of her children and even a reporter, that she

had been tricked by Plaintiff Gravante, Jr. into signing the deed at her home immediately

after the dinner at the Capital Grille the night of January 16, 2015. In making these false

statements to others, Mrs. Gravante implied to others that she had been drinking that evening

(which she had been) and that her state of mind that evening was such that she was incapable

of understanding the document she falsely told everyone that she had executed that night.

18. Mrs. Gravante knowingly made those false statements to numerous others

with the intention of seeking to harm Gravante, Jr.’s reputation by trying to convince people

that he had taken advantage of his mother. She has admitted on numerous occasions that that

was the motivation for her making the false statements. In fact, as she knew full well, and as

the deed conclusively reflects on its face, Mrs. Gravante executed the deed on January 17,

2015, the day after the Capital Grille dinner and after the bank had opened that day.


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Moreover, she executed the deed in the presence of Mr. Horn, who explained the nature of

the two- page document to her and notarized her signature on it in Gravante, Jr.’s presence.

19.

At the time, angry with her children, Defendant Mrs. Gravante also began an

orchestrated campaign of verbally telling people that her children were stealing her money

and had left her destitute with insufficient funds to pay bills even for basic necessities. Those

statements were also demonstrably false, as Mrs. Gravante had substantial assets, including

in excess of $2.5 million in liquid assets.

20. Although she was not speaking with Plaintiff at the time, Plaintiff asked his

wife Jacqueline to take his three young sons to visit Defendant Mrs. Gravante, their

grandmother, in September 2015. During that visit, Defendant Mrs. Gravante falsely told his

twin then-13 year old boys and his then 10-year old son that their father, Plaintiff Gravante,

Jr., had stolen her Candlewood Isle Property and left her without any money to pay bills.

21. In September 2015, from her home in Florida, Defendant Mrs. Gravante

began an orchestrated campaign to tarnish Gravante, Jr’s reputation with, among others, his

friends and neighbors in his Florida community by going through her phone book and

making telephone calls--during which she made false and defamatory statements concerning

Gravante, Jr.--to many of her neighbors, his friends and others in his Florida community.

22. Many of the individuals Defendant Mrs. Gravante called and spoke to knew

Gravante, Jr. personally; others knew of him only by reputation; and still others did not know

him at all. During those conversations, Defendant Mrs. Gravante falsely told Gravante, Jr’s

neighbors and others in his community, among other things, that Gravante, Jr. had “stolen”

the Candlewood Isle Property from her, “tricked” her into signing cer tain legal papers after a


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dinner at the Capital Grille, and had, with his siblings, left her destitute, all of which

statements were false and defamatory.

23.

Among numerous other Florida individuals to whom Defendant made the

false and defamatory statements concerning Gravante, Jr. in an attempt to tarnish his

reputation in his Florida community were Jan Farrell, Ed Farrell, Marcia Kelly and Peter

Kelly, all of whom either had previously met or were friends with Gravante, Jr. At trial in

this action, these and many other Florida individuals with whom Defendant Mrs. Gravante

had such conversations and to whom Mrs. Gravante made such false statements will be

called as witnesses against her.

24. For example, Gravante, Jr. had known Ed Farrell for almost a decade prior to

the events at issue. The two had played tennis together in Florida on many occasions,

socialized and were both members of the Bay Colony Beach Club during that period. During

the first approximately seven years that Mr. Gravante resided in the Bay Colony community,

he resided is a building known as the Salerno. Approximately three years ago, he moved into

a nearby building known as the Brighton, where Mr. and Mrs. Farrell resided. As a result,

Gravante, Jr. was introduced by Mr. Farrell to many other residents of the building.

25. Gravante, Jr. had originally introduced Mr. Farrell to Defendant Mrs.

Gravante by inviting her to dinner with them. Over the years, Gravante, Jr. invited defendant

Mrs. Gravante to dinner with him and Mr. Farrell on several occasions, both when Gravante,

Jr. was dining in Naples with his family and when dining in Naples with friends. Knowing

that Gravante, Jr. and Farrell shared many relationships both in their building and in their

Bay Colony community, in or about September 2015, Defendant Gravante telephoned the


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Farrells’ residence in the Brighton and tried to contact Mr. Farrell. Although he was not

home at the time, Defendant Gravante reached and spoke to his wife, Jan Farrell, a woman

she had never met. During that conversation, Defendant Gravante told Mrs. Farrell, among

other things, that Gravante, Jr. had stolen her Connecticut house, tricked her into signing a

deed transferring the property at her home after a dinner, and, with his siblings, had stolen

other property from her and left her destitute. Defendant Mrs. Gravante made that telephone

call solely because she wanted Mr. Farrell and other residents of the building where

Gravante, Jr. lived and other of his neighbors in the Bay Colony community to know that

Gravante, Jr. was a dishonest person who had stolen from and tricked his own mother. Mrs.

Gravante has no personal or any other kind of relationship with the Farrells and her sole

reason for making that call was to defame him and try to damage his reputation in his

community by lying about him.

26. As another of many examples, again while in Florida, Defendant Gravante

made the same false and defamatory statements to Peter and Marcia Kelly, Florida residents

who live in the same Pelican Bay community with Gravante Jr. Peter and Marcia Kelly had

socialized with Gravante, Sr. and defendant Mrs. Gravante for many years. Gravante Sr. had

introduced Gravante, Jr. to Mr. and Mrs. Kelly by inviting them to his Florida home with

Gravante, Jr. and his wife. Defendant Mrs. Gravante made the same false and defamatory

statements to the Kellys solely for the purpose of trying to tarnish Gravante, Jr.’s reputation

in his Naples community.

27. Defendant Mrs. Gravante has gone out of her way to make the same false and

defamatory statements regarding Gravante, Jr. to numerous other individuals in his Naples


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published an internet story containing the false and defamatory statements that Mrs. Gravante

had made to him about Gravante, Jr. In the recently published internet article, Defendant

Mrs. Gravante was quoted as stating: “My son Nicholas came to visit me”…..“He took me to

the Capital Grille. We had a nice dinner. We went over to my house.”…. “He said…Sign his

[Gravante SR’s] name and you’re the agent. I said okay and that was that.”…”I didn’t know I

was signing away the house in Connecticut.” …..“I didn’t see the front sheet of what I was

signing. They tricked me into signing it away.” Defendant Mrs. Gravante knowingly made

and caused those false and defamatory statements to be published knowing they were false

and without a credible or reliable source, nor evidence, to support such a libelous accusation.

32. All conditions precedent to the maintenance of this action have been

performed, excused or waived.

COUNT I – TORTIOUS INTERFERENCE

33. This is an action for tortious interference with business relationships.

34.

Plaintiff realleges the allegations set forth above in paragraphs 1-32 as if fully

set forth herein.

35. Plaintiff is a partner at an Am Law 200 Firm, acting as a member of the firm’s

six person Executive Committee, the Administrative Partner of the firm’s New York City

office, and as the firm’s General Counsel. As such, Plaintiff enjoys an advantageous

business relationship with his law firm and business associates. Defendant was and is aware

of Plaintiff’s employment relationship with his firm and successful legal career.

36. Defendant intentionally and wrongfully interfered with such relationships,

without legal justification, by calling Plaintiff’s employer and business associates and falsely


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stating that Plaintiff had stolen her house, tricked her into signing a deed, and, with his

siblings, left her destitute.

37.

As a direct and proximate result of such wrongful interference, Plaintiff has

been damaged. Such damages include direct damages and special, indirect and consequential

damages in the form of lost profits, loss of goodwill, and loss of business reputation.

WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment

for damages to be proven at trial against Defendant, costs, interest and such other just and

further relief as the Court deems appropriate.

COUNT II – DEFAMATION

38. Plaintiff realleges paragraphs 1 through 32, supra, as if fully set forth herein.

39. This is an action for defamation of Plaintiff against Defendant and for

damages in excess of $15,000.00 exclusive of interest, fees and costs.

40. Defendant made false and defamatory statements concerning Plaintiff to

numerous third parties, including to his friends, law firm, business associates, neighbors in

his Florida community, children, relatives, at least one reporter, and others, making

references that Plaintiff has committed deceitful acts relating to, among other things, the

circumstances relating to her execution of the deed transferring the Candlewood Isle

Property. Primary examples of Defendant’s false and defamatory statements concerning

Gravante, Jr. are reflected in the published internet article quoted above.

41. Defendant made the statements solely with the intention for others to treat

Plaintiff with disdain, contempt, ridicule, or obloquy, or otherwise cause harm to Plaintiff.


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42. Defendant made the statements with knowledge of their falsity, and without

reasonable care as to the truth or falsity of the statements.

43.

Defendant made these statements orally to third-parties.

44. At the time Defendant made the false and defamatory statements of and

concerning Plaintiff, Defendant knew or should have known that the statements regarding

Plaintiff were false. Defendant made the false and defamatory statements with actual malice,

that is, with reckless disregard for the truth or falsity of said statements.

45. Defendant, having made the same and similar false statements repeatedly to

numerous third parties, has caused injury to Plaintiff by impugning his business, professional

and personal reputations.

46. Defendant had no obligation to make the defamatory statements to any of the

aforementioned third-parties.

47. Even if Defendant had an obligation to make those statements to a third-party,

Defendant had actual malice in publication.

48. As a result of the publication, Plaintiff has been and will continue to be

damaged, including the loss of future employment and business opportunities.

WHEREFORE, Plaintiff respectfully request that this Honorable Court enter

judgment in favor of Plaintiff in an amount to be determined at trial, costs, interest and such

other just and further relief as the Court deems appropriate.

COUNT III- TEMPORARY AND PERMANENT INJUNCTION

49. Plaintiff realleges paragraphs 1 through 48, supra, as if fully set forth herein.


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50. The continuing, ongoing interference to Plaintiff’s business relationships by

Defendant is causing irreparable harm to Plaintiff. The telephone call made by Defendant

Mrs. Gravante to Plaintiff Gravante, Jr.’s law firm was, in fact, made in the last several

weeks, notwithstanding that Defendant Mrs. Gravante had been told on numerous occasions

prior to that that her statements relating to Gravante, Jr. were false, defamatory and

actionable. However, she has refused to cease making such false and defamatory statements.

51. Based on the ongoing, actual and significant interference with Plaintiff’s

business relationships, Plaintiff does not have an adequate remedy at law.

52. As a consequence of Defendant’s actions, interference of Plaintiff’s business

relationships has and will continue to occur without judicial intervention.

53. Plaintiff has no other adequate remedy at law other than an injunction to

prohibit Defendant from furthering her tortious interference with Plaintiff’s business

relationships.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a

temporary and permanent injunction enjoining Defendant from further interfering with

Plaintiff’s business relationships by communicating with Plaintiff’s employer and business

associates regarding the false and defamatory statements and any such other relief as may be

just and proper.

Respectfully submitted this 28th day of March, 2016,

/s/ Mayanne DownsMayanne DownsFlorida Bar No. 754900Email: [email protected] Secondary Email:

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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[email protected] Jason A. ZimmermanFlorida Bar No. 104392Email: [email protected]

Secondary Email:[email protected] G. Brock MagruderFlorida Bar No. 112614Email: [email protected] Secondary Email:[email protected] GRAYROBINSON, P.A.301 E. Pine Street, Suite 1400Post Office Box 3068Orlando, Florida 32802-3068

(407) 843-8880 Telephone(407) 244-5690 Facsimile

Attorneys for Plaintiff

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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EXHIBIT A


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EXHIBIT B


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Gravante Jr. Defamation Complaint

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