New York: Construction workers who blocked man rushing sick dog to vet in Union Square being sued

NEW YORK -- Two construction workers who refused to let a desperate Gramercy Park man drive past their work site last fall to get his dying dog to a Union Square vet are being sued for trashing the man's brand new BMW and lying to police to get him arrested.

Criminal charges against the dog owner, Jair Freire, 54, were dropped in court last week by the Manhattan District Attorney's office.

Bruiser survived the day of this incident, but died a
few months later. Photo: David Handschuh

Now Friere and his wife, Angela Cuce, are suing the construction workers, Bienvenido Rodriguez, 55, of Bethpage and Anthony Pate of Belleville, N.J.

He's also suing Plaza Construction LLC, accusing it of foolishly hiring Pate as a flagman and giving him “pseudo authority” over civilians and traffic because Pate has “an extensive history of violent felony convictions.”

In court papers, Freire's lawyer, Randy Kornfeld, says the incident on Sept. 24, 2015 started around 7:30 am when his clients were driving their deathly ill old bulldog Bruiser to the vet, and begged the construction workers to let them pass on East 22 St. between Park and Lexington Aves.

“I don't give a f--- about your dog,” Rodriguez said as he banged on the hood of the couple's brand new BMW, leaving a dent, according to court papers.

The papers say that's when Pate sprawled on the hood of the car and more construction workers started to surround the vehicle. Kornfeld said in an interview that the couple got frightened and Friere “inched forward” to get to safety.

Court papers say both workers then slid off the hood and Pate kicked the front and rear passenger side doors, denting both and causing thousands of dollars in damage, but the workers told cops they were hit by Friere's car and injured.

Friere was arrested at the Blue Pearl Emergency Veterinarians on W. 15 St. and charged with reckless driving and leaving the scene of an accident after Rodriguez claimed shoulder injuries and Pate claimed neck and back pain from being hurled into the air.

Court papers say that in the months after the dust up, Rodriguez showed up twice at Friere's home around the block. Sticking his face two inches from Friere's, Rodriguez initially swore in December: “I'm gonna get you.” Later, he vowed to have Friere arrested again but Friere called police, who warned Rodriguez to stay away, the suit says.

Although the Frieres are seeking damages of $1 million, Kornfeld said in an interview that “this lawsuit is not about money. It's about making a point. Angry people should not be put in a position of power where they can wreak havoc.”

“There is construction all over the city. You have to live with it. But the construction companies should understand that they are infringing on people's lives. There are ways to soften the blow so people can live in harmony,” Kornfeld said.

“This dog meant a lot to (Friere),” Kornfeld continued. He said it was a licensed service dog that Friere has had for years and that morning “it was dying in the back seat.”

Bruiser survived that morning but died several months later.

Jair Friere and Angela Cuce with Bruiser,
before he died. Photo: Gary Hershorn

Angela Cuce wrote on Facebook: 'Yesterday we said goodbye to our beautiful little boy. Anyone that knew Bruiser knew he was an extraordinary dog.

'His soul was pure and he was full of love. Bruiser, Daddy and I were so proud to be your parents and we will love you forever.... To the moon and back baby boy!!

'So raise a glass to him and celebrate the wonderful life he had and all the wonderful things he taught us all!! We will love you forever.'

Kornfeld said the incident and aftermath have dominated the lives of his clients for the past year. Friere runs an internet business selling accessories for bulldogs called Cool Blue Dog and his wife works on Wall Street.

A rep for Plaza said the company was not involved in hiring the two flagmen directly. Pate worked for a subcontractor on the site, Navillus, while Rodriguez was sent by the Teamsters’ union, the rep said.

Rodriguez did not respond to a request for comment.

Pate has a long rap sheet. The Belleville, NJ, resident pleaded guilty to aggravated assault, kidnapping, and armed robbery in New Jersey between 2006 and 2013, according to court papers.

He’s currently awaiting trial on an attempted-murder charge for allegedly hitting two people with hammers during a bar brawl at Twins Plus Lounge, a South Main Street go-go bar in South Hackensack, NJ, in January 2014.

Pate, who is due to be sentenced Aug. 26 in Bergen County for aggravated assault in connection with a 2014 South Hacksensack bar brawl where he attacked two men with a hammer, could not be reached for comment.

A Michigan man named Anthony Pate says the New Jersey man stole his identity several years ago.

“If you find him, let me know,” he said.

(NY Daily News - Aug 10, 2016)