Wednesday, July 21, 2010

Hersh lawsuit: The paranoid vision of conspiracy

The supporters of the Hersh's apparently either don't read my blog or don't wish to take me up on my offer to present their side. Therefore in the name of fairness I am publishing part of a court document filed by the Hersh's criticizing my blog and poster RaP as being part of a conspiracy to slander them. In fact there is no conspiracy and I am not slandering the Hersh's - just trying to report as objectively as possible what is going on for the benefit of all concerned.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS


MIRIAM HERSH and MICHAEL HERSH, Plaintiffs,


AFFIRMATION IN OPPOSITION TO MOTION TO COMPEL_

ELIZABETH REBECCA COHEN, RAPHAEL COHEN, ARYEH LARRY WOLBE, ELI WOLBE, ZVI GLUCK, JOSHUA AMBUSH, ARIEL FISHMAN, HINDA FISHMAN, EFFI GOLDSTEIN, ABE LIFSCHITZ, AYELET MEHLMAN, SARAH KREISLER, YOSEF SHIDLER, RACHEL ROSENGARTEN, DINA DEUSTCH, and JOHN DOES #1-18,
Defendants.

YENISEY RODRIGUEZ-MCCLOSKEY, an attorney [for the plaintiff DT] admitted to practice law in the State of New York affirms the following under penalty of perjury: […]
[DT I am only citing the portion of this document relevant to my blog Daas Torah as cited in the following excerpt :]

2l. The harassment and intimidation campaign of the defendants continues to date. Indeed, after the Oral Argument, defendants again attempted to threaten and harass Plaintiffs, this time to prevent discovery from taking place in this case. Annexed hereto as Exhibit F is the affidavit of Sholom Eliyahi Yorkmark sworn to on the 27th date of June, 2010. Mr. Yorkmark, a longstanding friend of Plaintiffs and son of Rabbi Aaron Schechter, received a call from David Greenbalt who professed to be calling on behalf of the Cohen Defendants. Mr. Greenblatt threatened that if the Hershes do not completely cease their legal action against the Cohens by Tuesday June 29th, 2010, then Raphael Cohen will "drag the Hershes, their Yeshiva Rabbi Chaim Berlin, and its head Rabbi, Rabbi Aaron Schechter, through the mud in the media."
22. Defendants made good on their threats and began posting new disparaging information on blogs and internet posts, a sampling of which is annexed hereto as Exhibit F.

The first one of the blogs annexed as Exhibit F states in pertinent part:

This is a heartfelt plea to Michael Hersh and his family to STOP and WITHDRAW their ill-advised actions, legal and otherwise, at this time because it will only harm their cause.
This same blog also mentions the Wolbe defendants and threatens Rabbi Schechter, just as the Cohen Defendants had advised Yorkmark they would do if this case was not immediately dropped.
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It is interesting to note that the Hersh’s (through their lawyer) have understood both the comment of R’ Dovid Greenblatt and RaP as threats. At least in the case of RaP’s statement it was clearly not a threat nor meant as a threat or perceived as a threat by the average person. I assume that the statement of R’ Dovid Greenblatt was also not a threat but just commonsense advice but I don't know for sure. In other words anyone with elementary seichel would realize that if you make a 400 million dollar lawsuit in secular court - where the documents are publicly accessible - based on nonsense that the media would pick this up and report on its absurdity. Especially if it involves a drama of a teenager being kidnapped and sent to a prison camp in Jamaica by his chareidi father – with the approval of his spiritual adviser.

5 comments:

  1. YENISEY RODRIGUEZ-MCCLOSKEY
    3974466

    YENISEY RODRIGUEZ-MCCLOSKEY
    DANZIG FISHMAN & DECEA
    1 N BROADWAY STE 1202
    WHITE PLAINS, NY 10601-2310
    United States
    (914) 285-1400


    SLAPP-

    http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

    Here is the address to file a complaint against the attorney:


    Grievance Committee for the Ninth Judicial District
    399 Knollwood Road, Suite 200
    White Plains, NY 10603
    (914) 949-4540

    Here are some relevant NY Statutes:

    New York: N.Y. CIV. RIGHTS 70-a; 76-a (2008); N.Y. C.P.L.R 3211(g); 3212(h) (2009)

    I am not an attorney.

    ReplyDelete
  2. Could you post a link to the relevant document in its newly revised form?

    ReplyDelete
  3. What I really don't get is why you are still a John Doe. After all your name is clearly on your blog, as well as your published works which are referenced on this blog.

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  4. Since impersonations are common on the internet, you cannot legally sue a blogger unless you have concrete proof of who is really behind the website.

    There is a pending case in Manhattan where an architect has been identified by the NY Post as behind a particular blog being sued but the only thing that counts in court is records from the internet hosting company.

    ReplyDelete
  5. Recipients and PublicityJuly 21, 2010 7:29 PM

    "YENISEY RODRIGUEZ-MCCLOSKEY" has created an obvious total mish-mash, because he has no way of proving or knowing how any blogger is related or not to any of his chosen defendants who have absolutely nothing to do with the Cohens and don't even know who they are and don't know any Greenblatts either because a blogger is just a blogger.

    "YENISEY RODRIGUEZ-MCCLOSKEY" creates more mish-mash and inaccuracy as is evident in that they call Mr. Yorkmark the "son" of Rabbi Schechter, how can "Yorkmark" be a "son" of Rabbi "Schechter" and not have the same name? Probably Yorkmark is the son-in-law of Rabbi Schechter.

    "YENISEY RODRIGUEZ-MCCLOSKEY" is only creating false impressions, leveling unfounded and unproven allegations and telling outright lies that would come to light in any case.

    No one threatened Rabbi Schechter either, that's just pure baloney.

    So far it is Mr. Hersh and Rabbi Schechter who are doing all the threatening! Suing anyone who ever disagreed with you for $411 Million is like a weapon of mass destruction. Juts look at the language of the pro-Hersh posters, all they can say is that "Schechter will bring you down" or "you will get what you deserve" or other assorted un-subtle curses and expressions of hate.

    They don't seem to realize that once they issued subpoenas to blog owners it got an entirely different group of people upset. Now it will also drag in the Jewish and general media that will start to dig and report on this.

    If the original defendants wanted to do anything they would have done that much earlier, in the last two years that Michael Hersh has been battling them or earlier in 2010 in March, or April or May or even June, but the reaction on some blogs now and at The Jewish Star, and with the release of the press release from the EFF it is blog owners and bloggers who have nothing to do with the original defendants who are reacting to the subpoenas and threats against them by the plaintiffs.

    So the Hersh lawyers are creating topsy-turvey hokum to defend their desperate client Hersh.

    How on Earth they can say that what was written in the "Five Questions" post is a threat is beyond comprhencion when in it, it is clearly what it says it is, a heartfelt plea to convince them from going headlong down their destructive, wasteful and self-defeating path!

    ReplyDelete