This case was last updated from Dutchess County Courts on 11/22/2022 at 23:05:44 (UTC).


Case Summary

On November 16, 2022, Tina Martirano (“Plaintiff”), represented by Jesse C. Cotter of the Cotter Law Group, filed a lawsuit against Marriott International, Inc., Courtyard Management Corporation, Pizzagalli Properties, LLC, Clarion Partners LLC, Roy Johnson, and Devin Taylor (collectively, “Defendants”), seeking damages for alleged gross negligence by the defendants. This case was filed in the Dutchess County Supreme Court of New York.

In the complaint, the plaintiff alleged, “This action stems from a tragic and unfortunate sequence of events and circumstances that occurred at the Poughkeepsie Marriot during Marist College’s family weekend, during which Plaintiff Tina Martirano was caught in crossfire and witnessed the brutal murder and heartbreaking death of Paul Kutz, an innocent father of three, beloved spouse, accomplished accountant, and community leader.”

Plaintiff claimed, “On or around Friday, September 30, 2022, Plaintiff Tina, and her family, checked into the Poughkeepsie Marriott all very excited for the weekend ahead, and to see Tina’s oldest son, a current student at Marist College.”

The plaintiff alleged that “while Tina and her family were settling down in their second-floor room, upon information and belief, the Individual Defendants with one other unidentified third party, entered the Marriott, approached the front desk, and sought to check in to their room.”

Plaintiff further alleged that “the Corporate Defendants did not seek, nor require the Individual Defendants to present a form of identification or provide any other customary check in information. Instead, the Corporate Defendants only requested said information from the unidentified third party.”

The plaintiff claimed, “The Corporate Defendants afforded the Individual Defendants extra leeway and privileges, bypassed industry-standard operating procedures, and either relaxed or failed to enforce Marriott’s inadequate security policies and procedures that were in place for the safety of their guests.”

Plaintiff then alleged that “over the next couple of hours and throughout the weekend, the Individual Defendants exited and re-entered the Hotel multiple times, transporting to their first-floor room, an arsenal of illegally modified firearms, bomb-making supplies and materials.”

The plaintiff alleged, “The Corporate Defendants failed to enforce this policy against the Individual Defendants, which resulted in Plaintiff’s injuries.”

Additionally, the plaintiff claimed, “The Corporate Defendants were on notice that their negligent conduct, and failure to exercise due care for the safety of their guests, including their failure to enforce their inadequate security policies, and Marriott’s strict no weapons and firearms policy, would result in, and/or enable, conduct similar to that of the Individual Defendants’, thereby leaving their guests defenseless to harm.”

Plaintiff alleged, “The series of events that led to the murder of Paul Kutz and the Individual Defendants conspiracy to blow up the Hotel and/or staging a mass shooting would have been fully prevented if not for the negligence of the Corporate Defendants.”

The plaintiff then alleged, “The Corporate Defendants had a duty of reasonable care to prevent firearms and other weapons from being transported to and possessed in the Hotel.”

Plaintiff presented eight claims for relief, including claims for alleged negligence, gross negligence, negligent hiring, negligent retention, negligent supervision, premises liability, intentional infliction of emotional distress, negligent infliction of emotional distress, and assault.

In the prayer for relief, the plaintiff requested an award of damages in an amount reasonably believed to exceed the sum of $50,000,000.00, plus interest.

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Case Details Parties Documents Dockets


Case Details

  • Case Number:


  • Filing Date:


  • Case Status:

    Pending - Other Pending

  • Case Type:

  • County, State:

    Dutchess, New York


Party Details


Tina Martirano






Roy Johnson

Devin Taylor

Attorney/Law Firm Details

Plaintiff Attorney



Court Documents

SUMMONS + COMPLAINT Summons & Verified Complaint

SUMMONS + COMPLAINT Summons & Verified Complaint; Filed By: Cotter, J.; Filed: 11/16/2022; Received: 11/16/2022


Docket Entries

  • 11/16/2022
  • View Court Documents
  • DocketSUMMONS + COMPLAINT Summons & Verified Complaint; Filed By: Cotter, J.; Filed: 11/16/2022; Received: 11/16/2022

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