No.DateDescription
18-7-2007Summons and Endorsed Complaint
  • served on August 7th by hand delivery
  • 28-14-2007ECM Answer with Affirmative Defense - Failure to State a Claim
  • served on August 20th by mail
  • 38-20-2007ECM Notice of Motion to Dismiss Action
  • served on August 20th by mail
  • returnable September 6, 2007
  • supporting affidavit by Evan Maloney
  • 48-20-2007ECM Amended Notice of Motion
  • returnable September 6, 2007
  • 58-31-2007ECM further affidavit that no answering papers were received by August 28, 2007, due date
    68-31-2007Answering Affidavit of Todd Ofsink
  • Exhibit A - ECM sign that "Todd Layne Clearners Sucks and Is Overpriced"
  • Exhibit B - ECM statement about Todd Layne Cleaners
  • Exhibit C - Note: "Please give this to him and ask him how far he wants to go with this"
  • Exhibit D - photograph of awning above Todd Layne Cleaners
  • 78-31-2007Ofsink Memorandum of Law
    89-5-2007ECM Reply Affidavit and Brief
    99-27-2007Ofsink motion by Order to Show Cause to remove case to Supreme Court and for an Injunction
  • Assigned to IAS Part 10 - Hon. Judith J. Gische
  • Temporary Restraining Order not granted
  • Affirmation by Damien Matthew Bosco
  • Affidavit by Todd Ofsink
  • Exhibit A - Civil Court Summons and Endorsed Complaint
  • Exhibit B - proposed Supreme Court complaint
  • Exhibit C - ECM Civil Court Answer & Affirmative Defense
  • Exhibit D - ECM Motion to Dismiss Civil Court action
  • Exhibit E - Ofsink Answering Papers on Motion to Dismiss
  • Exhibit F - ECM sign that "Todd Layne Clearners Sucks and Is Overpriced"
  • Exhibit G - ECM statement about Todd Layne Cleaners
  • Exhibit H - Note: "Please give this to him and ask him how far he wants to go with this"
  • Exhibit I - photograph of awning above Todd Layne Cleaners
  • Exhibit J - Ofsink Transmittal Letter to ECM with Order to Show Cause
  • 109-27-2007Ofsink Memorandum of Law in Support of Order to Show Cause to Remove Case to Supreme Court
    1110-4-2007Transcript of Court Appearance before Justice Gische
  • Present: ECM; Todd Ofsink; and Damien Matthew Bosco
  • 1210-4-2007Short Form Order by Justice Gische
  • motion submitted
  • plaintiff to provide transcript
  • TRO that ECM "prohibited from entering the premises of preventing others from entering plaintiff's place of business."
  • 1310-12-2007Decision by Hon. Shlomo Hagler of Civil Court
  • defamation claim dismissed
  • tort claims not dismissed
  • sanctions denied
  • October 16, 2007, cover letter with corrected Index Number
  • 1410-23-2007ECM letter to Justice Gische enclosing Judge Hagler decision
    1511-26-2007Ofsink Notice of Entry of Justice Gische decision dated November 19, 2007
  • removal granted and file transferred from Civil Court
  • plaintiff permitted to serve amended complaint
  • Preliminary Injunction per TRO granted
  • plaintiff to post $500 undertaking
  • 1611-27-2007Ofsink - Amended Complaint (Exhibit B to OSC)
  • amended complaint served on November 29, 2007 by in hand delivery to ECM at home (?? Check if correct)
  • 1712-4-2007Justice Gische by clerk, Eileen Kaspar, rejecting action by letters, directing parties to proceed only by formal motion, and enclosing the following:
  • ECM letter (misdated 10-23-07, but sent 12-3-07) to Justice Gische seeking reconsideration of Preliminary Injunction
  • Bosco letter dated 12-4-07 to Justice Gische in response to ECM request to reconsider Preliminary Injunction
  • 1812-6-2007Preliminary Conference Order
  • Demand for Bill of Particulars by January 15, 2008
  • Demand for Discovery & Inspection by January 15, 2008
  • Ofsink's deposition to be taken by March 4, 2008
  • ECM's deposition to be taken by March 6, 2008
  • Compliance conference May 8, 2008
  • Discovery cut-off deadline May 9, 2008
  • 1912-7-2007ECM Motion to Reargue
  • Exhibit A - Justice Gische decision dated November 19, 2007
  • Exhibit B - ECM letter to Court sent December 3, 2007
  • Exhibit C - Bosco answering letter dated December 4, 2007
  • Exhibit D - ECM reply letter dated December 5, 2007
  • Clerk's return notice - failure to pay $45 motion fee
  • 2012-18-2007ECM Answer to Supreme Court complaint
  • affidavit of mail service on December 18, 2007
  • 2112-26-2007ECM Amended Notice of Motion to Reargue
  • Count Clerk receipt for $45 motion fee
  • transmittal letter to County Clerk
  • affidavit of mail service dated December 7, 2007 (?)
  • 221-4-08Ofsink Answering papers to ECM Motion to reargue
  • received on 1-11-08
  • Bosco affirmation
  • Todd Ofsink affidavit
  • Exhibit A - Gische short form order dated November 8, 2007, and her decision dated November 19, 2008, subject of reargument
  • Exhibit B - Ofsink affidavit of September 26, 2007, for removal and injunction
  • Exhibit C - note: "please give this to him and ask him how far he wants to go with this"
  • Exhibit D - transcript of October 4, 2007, court appearance on Ofsink Order to Show Cause for removal
  • Exhibit E - still shots from surveillance video
  • Exhibit F - Brian Terminal printout about case
  • Exhibit G - Daily News story
  • Exhibit H - NYPD incident information slip
  • Exhibit I - ECM letter dated December 18, 2007, to Bosco that motion returned by Clerk
  • Exhibit J - ECM letter dated December 26, 2007 to Clerk, copied to Bosco, with amended notice of motion
  • photocopy of ECM envelope mailed December 18, 2007, with motion papers
  • Ofsink envelope showing answering papers mailed on January 4, 2008
  • 231-4-08Ofsink Memorandum of Law in opposition to ECM Motion to Reargue
    241-10-08Ofsink Notice of Non-Party Deposition of Jill Butterfield
  • Ofsink envelope showing answering papers mailed on January 10, 2008
  • NOTE: no subpoena - service apparently made by mail only - notice is legally defective
    251-15-08ECM discovery demands
  • proof of filing
  • expert witness information
  • witness information
  • statements
  • 1st interrogatories and document demand
  • affidavit of mail service on January 15, 2008
  • 261-15-08Ofsink's first interrogatories and notice to produce documents
  • Ofsink envelope showing papers mailed on January 15, 2008; received by ECM on January 18, 2008
  • 271-30-08Ofsink Notice of Entry of Justice Gische ruling denying reargument, dated January 17, 2008, and entered January 28, 2008
  • Ofsink envelope showing Notice of Entry mailed on January 30, 2008
  • 282-11-08Ofsink response to ECM's discovery demands
  • Ofsink envelope showing Notice of Entry mailed on February 11, 2008; received by ECM on February 14, 2008
  • 292-20-08Ofsink motion by Order to Show Cause to amend caption
  • Bosco affirmation in support dated February 13, 2008
  • Todd Ofsink affidavit in support sworn to February 13, 2008
  • Exhibit A - Civil Court summons and endorsed complaint
  • Exhibit B - Justice Gische short form order dated November 8, 2007, and decision dated November 19, 2007, granting removal
  • Exhibit C - plaintiff's verified amended complaint
  • Exhibit D - preliminary conference order dated December 6, 2008
  • Exhibit E - ECM verified answer
  • Exhibit F - verified Second Amended Complaint with new caption
  • Exhibit G - certificate of incorporation for Manhattan 10021 and certificate of assumed name d/b/a Todd Layne Cleaners
  • papers served February 28, 2008
  • 302-13-08Ofsink Memorandum of Law for leave to amend caption
  • papers, including brief, received by ECM on February 28, 2008
  • 312-27-08ECM Motion to Compel Plaintiff to Answer Discovery Demands and for Sanctions
  • ECM affidavit in support
  • Exhibit 1 - ECM's discovery demands
  • Exhibit 2 - Ofsink's non-responsive discovery
  • Exhibit 3 - Sec'y of State printout re Todd Layne Cleaners
  • Exhibit 4 - Sec'y of State printout re Manhattan 10021
  • ECM affidavit of overnight mail service on February 27, 2008
  • 323-13-08Ofsink cross-motion to compel
    333-13-08Ofsink Memorandum of Law in support of cross-motion to compel
    343-31-08Ofsink letter to Hon. Marcy S. Friedman - no opposition from ECM on motion to amend caption; motion should be granted on default
    354-3-08Notice of Entry of Justice Gische's decision granting motion to amend caption on default
    364-15-08Justice Gische's decision granting motion to amend caption on default
    376-12-08ECM motion and Ofsink cross-motion decision adjourned to July 24, 2008; order to produce discovery materials
    387-10-08ECM Answers to Ofsink Interrogatories
    397-10-08ECM Response to Ofsink Document Demands
    407-10-08Ofsink Response to Document Demands
  • Refuses to respond to any substantive request
  • Only turns over documents showing business existence of Todd Layne Cleaners and Manhattan10021 LLC
  • Does not provide any documentation for their claims against ECM
  • 417-24-08ECM Answering Affidavit to Ofsink Cross-Motion
    427-24-08Compliance Conference with Gische, transcript of court appearance
  • Judge took dim view of Ofsink's refusal to turn over discovery
  • No confidentiality agreement for video tapes
  • Invited ECM to move to strike complaint if Ofsink continues to refuse to turn over discovery
  • 4310-16-08Motion conference with Gische, transcript of court appearance including decision
  • Judge rejects Ofsink's invocation of privilege to resist discovery
  • Judge rejects Ofsink's claim of copyright protection to resist discovery
  • Judge orders Ofsink to turn over all discovery demands by ECM except answers to Interrogatories 11 and 13