Part of Cross Motion filed with the Supreme Court of New York Index
No. 006170
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11. The tenuousness of this action has already been demonstrated. As a result of the aforesaid motion practice, there is no need to elaborate as to the allegations of the amended complaint, but suffice it to state that causes of action for intentional interference with contract, tortious interference with contract, intentional infliction of emotional distress, and prima facie tort are brought. The heart of the factual allegations, in the 38 page amended complaint, are based on paras. 56 and 57, where it is acknowledged by the plaintiffs that they sent their teenage son to Tranquility Bay, Jamaica, which they refer to as a"school". The complaint then alleges that all of the named defendants, and a group of John Does essentially conspired to force plaintiffs out of their well-paying jobs, including Hatzalah, a volunteer ambulance company, and disrupt their family. One of the John Does is Vin News,according to complaint para. 127, where it is pleaded that Vin is amember of the conspiracy. It is claimed that VIN "posted many entries on his/her website intending that Mr. Hersh be fired from his position at Hatzalah".
12. Tranquility Bay is hardly a "school". In Wikipedia, the online encyclopedia, it is described as a residential treatment facility. It is best described as a house of horrors where child abuse and torture were regularly practiced. When it was learned within the orthodox Jewish community in New York that one of the plaintiffs' sons was consigned there, a significant protest arose, which did not subside until leading and widely respected community activists were able to have him released. The Wikipedia entry about Tranquility Bay is Exhibit D herewith, together with a Miami New Times article from June 2006. There are other online media articles well describing the rampant and horrible child abuse occurring at this so-called "school".
13. Vin News is an anonymous, online site which is, essentially, a digest oftopical news stories that are of interest to mostly the orthodox Jewish community. People have the opportunity to comment. Vin News, together with other sites, such as UOJ, Daat Torah, and Failed Messiah, have been active in addressing the ongoing problem of child abuse in the Jewish and general community. Relevant to this case, Vin re-produced two articles, in 2008, about the Isaac Hersh/Tranquility Bay situation, annexed herewith as Exhibit E.
14. In April 2008, the largest orthodox Jewish newspaper in the United States, .the Jewish Press, published a full-page ad which displayed a letter dated April 14, 2008, signed by a very prominent rabbi, psychiatrist, and psychologist, stating, "We would like to express our deepest appreciation to all those shtadlanim (activists) who gave of their time, effort and money to save Yitzchok Meir (Isaac) from a nonJewish oriented reform facility. The selfless devotion that they displayed to save a fellow Jew was truly inspirational. What has clearly emerged, is that the facilities such as Tranquility Bay, Jamaica is not a place for any Jewish child. We understand the need for all types of intervention to help our children, but Tranquility Bay SHOULD NOT be an option." The signatories are, Rabbi Shmuel Kamenetsky, a senior member ofthe Council of Sages (Moetses) of a leading ultra-orthodox organization, Agudath Israel of America; Rabbi Dr. Abraham Twerski, a psychiatrist and widely published author, who for many years was the founder and operator of an addition treatment facility in Pittsburgh, Pa.; and, Dr. David Pelcovitz, a psychologist who pecializes in treating child sex abuse victims, currently a professor of psychology at Yeshiva University, New York, and previously, Director of Psychology at North Shore University Hospital, Manhasset, Long Island. This letter also appeared in Vin news.
15. With this basic factual background in mind, the premise of the complaint is actually absurd. The underlying assumption is that the public, including a religious community, may not, legally, discuss and act upon credible allegations of a child being physically abused at a defacto prison camp. To accept that premise would be to eviscerate the protections of the First Amendment, and expose children to the worst forms of abuse. This badly misguided lawsuit is serving as a chilling effect upon responsible adults "getting involved" and preventing child abuse. Web site and blog site operators, such as Vin News and others, should continue to possess the legal right to remain anonymous, so as to avoid harassment and retaliation. Particularly where the interests of children are at stake, the right to remain anonymous should be enforced.
16. The subject subpoenas should clearly be stricken in this dubious lawsuit. This court should consider the public policy of free and robust speech as expressed in the First Amendment, and all of the child protection laws in our state and country. A rescue operation was mounted for Isaac Hersch, and it succeeded. The subject subpoenas are fishing expeditions to get evidence to add even more defendants in this lawsuit which well deserves a summary dismissal. The subpoenas should be quashed.
Dated: July 22, 2010 Cedarhurst, New York