FILED: NEW YORK COUNTY CLERK 04/21/ :46 PM INDEX NO /2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/21/2016

Transcription

1 FILED: NEW YORK COUNTY CLERK 04/21/ :46 PM INDEX NO /2015 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/21/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INFINITE PERSONNEL SERVICES, INC. d/b/a PROMED PERSONNEL SERVICES, Index Number: /2015 INC., and CARY WEISS, Date Purchased: 1/8/2015 Date Filed: 1/8/2015 Plaintiffs, -against- ADVANCED MEDICAL STAFFING CORP. a/k/a ADVANCED MEDICAL STAFFING INC. Defendant. NOTICE TO ADMIT PLEASE TAKE NOTICE, that pursuant to CPLR 3123 Plaintiffs are hereby requested to furnish to the undersigned, within twenty (20) days after the service of this Notice to Admit upon you, a written admission of the following facts: 1. The person identified as Duped Seller in the Ripoff Report, a copy of which is annexed hereto as Exhibit A (the Report ), consisting of four (4) pages, on page 1 of the Ripoff Report is Plaintiff, Cary Weiss ( Weiss ). 2. The statements contained in the Report pertaining to Advanced Medical and Mendel Hirsch were submitted to the Ripoff Report by Plaintiff, Cary Weiss, in the exact form and content as published in the Ripoff Report. 1 1 of 6

2 3. The statements made in the Report with respect to Defendant, Advanced Medical Staffing Corp. a/k/a Advanced Medical Staffing Inc. ( Advanced Medical ) and Mendel Hirsch ( Hirsch ) are statements which Weiss conveyed to the publisher and/or editor of the Report. 4. The statements made in the Report with respect to Advanced Medical and Hirsch are the substance of statements which Weiss conveyed to the publisher and/or editor of the Report. 5. Weiss knew that the statements contained in the Report about Advanced Medical were untrue when he submitted those statements to the Report and/or anyone acting on behalf of the Report. 6. Infinite Personnel Services, Inc. knew that the statements contained in the Report about Advanced Medical were untrue when those statements were submitted to the Report and/or anyone acting on behalf of the Report. 7. Weiss is not a trained psychologist, psychiatrist, or psychoanalyst. 8. Weiss is not licensed as a psychologist, psychiatrist, or psychoanalyst. 9. Weiss has no expertise with respect to determining whether an individual is a psychopathetic liar. 2 2 of 6

3 10. Weiss has no factual information about anyone with whom Hirsch dealt, whether orally or in writing, to cause a third party to sell their business to Hirsch and/or Advanced Medical and who was then not paid a penny with respect to the sale of said business. 11. The tax refund check referred to the Report was a check sent by a United States Governmental Agency, and/or a State Governmental Agency to Weiss. 12. The tax refund check referred to the Report was a check sent by a United States Governmental Agency, and/or a State Governmental Agency to Infinite Personnel Services, Inc. 13. Weiss submitted the aforesaid statements to the Report with the specific knowledge that the Report would publish those statements and disseminate them publically. 14. Weiss submitted the aforesaid statements to the Report with the specific intent of having those statements published and publically disseminated. 15. Weiss has never taken any steps to publicly retract the aforesaid statements which he submitted to the Report. 3 3 of 6

4 16. Weiss has never taken any steps to seek to cause the Report to withdraw the aforesaid statements from its publication. 17. Weiss has never submitted to the Report a request for publication of a retraction of the aforesaid statements. Dated: New York, New York April 21, 2016 AVROM R. VANN, P.C. Attorneys for Defendants S/ Avrom R. Vann By: Avrom R. Vann, Esquire Office and Post Office Address th 1211 Avenue of the Americas - 40 Floor New York, New York, (212) To: Stephan R. Markman LAW OFFICES OF STEPHEN R. MARKMAN 186 Joralemon Street-Suite 701 Brooklyn, New York of 6

5 AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF NEW YORK AVROM R. VANN, an attorney at law duly admitted to practice hereby affirms under the penalties of perjury. to this action. 1. I reside in Fair Lawn, New Jersey, am over the age of 18 and am not a party 2. On April 21, 2016 I caused to be served by mail the within Notice to Admit upon the following attorney(s) by depositing a true copy of same in a post-paid wrapper in an official depository under the exclusive care and custody of the United States Postal Service in New York State addressed to each such person at the last known address set forth after each such name as follows: Stephan R. Markman LAW OFFICES OF STEPHEN R. MARKMAN 186 Joralemon Street-Suite 701 Brooklyn, New York Dated:New York, New York April 21, 2016 Avrom R. Vann 5 5 of 6

6 J:\ADVANCED MEDICAL dba PROMED MENDEL HIRSH\WEISS_CARY LAWSUIT\Notice to Admit wpd 6 6 of 6