A federal judge on Tuesday ruled that three sisters from Port Washington are entitled to monetary damages stemming from “the appalling sexual abuse [they] were forced to endure” from coworkers while working at a local restaurant.
U.S. District Judge William F. Kuntz ruled in U.S. District Court in Brooklyn that Lauren D’Annunzio and co-plaintiffs Ashley and Gabrielle brought “overwhelming evidence” of sexual harassment they faced while working as hostesses at Ayhan Fish Kebab Restaurant in Port Washington from 2005-08.
In his ruling, Kuntz said he would refer their case directly to a magistrate who would determine the amount they would be owed by Ayhan Fish Kebab – also known as Ayken – and manager Dario Gomez.
Kuntz dismissed a portion of the case brought against Ayken manager Ayhan Hassan, saying he had no knowledge of the harassment.
“While the Court recognizes that summary judgment in favor of plaintiffs is not ordinarily granted, the outlandish behavior of Defendants in this case compels it,” Kuntz wrote in his ruling. “Here, Ayken was complicit in every way: it provided no reasonable avenue for complaint, and although clearly aware or constructively aware of the harassment, did nothing about it.”
The D’Annunzios alleged in their suit that Ayken employees regularly made lewd remarks to them and groped their arms, legs and buttocks.
The most egregious incident, Kuntz said, took place in July 2008, when one of the sisters was grabbed by a cook in the restaurant’s basement, held in a bear hug and was “kissing [her] neck and whispering in [her] ear how much he wanted [her]…”
When a busboy came down the stairs, the cook, Juan Pablo Orellano, “threw [her] off,” according to Kuntz’ ruling. Orellano was arrested and charged with attempted sexual abuse. He pleaded guilty and was later deported after serving four months in prison.
“We’re really very pleased by the decision and we think the judge made the right call,” said Sara Wyn Kane, the D’Annunzios’ attorney. “It’s a tough thing for a judge to rule on summary judgment. It’s rare and a testament to the extent of what my clients had to go through.”
Efforts to reach Bruce Migatz, a Garden City attorney representing the restaurant, were unavailing. Migatz told Newsday that he was unsure whether he would file an appeal, citing details in the case he thought a jury should decide.
Ayhan’s has two Port Washington locations and shish kebab restaurants in Baldwin, East Meadow, Great Neck, Plainview, Rockville Centre and Westbury.
Reach reporter Bill San Antonio by e-mail at bsanantonio@theislandnow.com, by phone at 516.307.1045 x215 and on Twitter @ Bill_SanAntonio. Also follow us on Twitter @theislandnow1 and Facebook at facebook.com/theislandnow.
