Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:01-cv-02158-WWE

Document 130-2

Filed 09/12/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DONALD WAINRIGHT, ET AL., Plaintiffs, v. OSM COMMUNICATIONS, INC., ET AL., Defendants. : : : : : : : : :

CIVIL ACTION NO. 3:01-CV-02158 (WWE)

SEPTEMBER 12, 2005

LOCAL RULE 56(a)2 STATEMENT OF DEFENDANTS ISRAEL H. POLANSKY AND ANNE POLANSKY Preliminary Statement L cl u 5( 3 eu e t tah te et f a r lat e o o e b " seic oaR l 6a r i sh ec s t n o m t i f b fl w d y a pc i e ) qr a am ea c l f citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) ei net t ol b am s b a ta" Pa tf hv f l t d t swt r pc t v ec h w u e d i i e tr l ln f ae ae o o h i e eto d a d sl i. i is id i h s virtually all of the claimed facts and instead have made reference to copies of documents without supporting authentication or to purported testimony with no reference to the source of that testimony. In most instances, these defendants are without knowledge or information sufficient ee t r pn t p i isprot f t bthy i edao t am t ht vn o e od o ln f ' upr d a s u t wl nevro d iw athey know to s a tf e c, e l be true. 1. 2. 3. Admitted. Admitted. Admitted.

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4.

Anne Polansky is without knowledge and Israel Polansky believes that LEDs

were placed in retail stores. 5. 6. Admitted that ISA went public. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit B. 7. These defendants are without knowledge as to the source, accuracy, or

authenticity of Exhibit B. 8. These defendants are without knowledge as to the source, accuracy, or

authenticity of Exhibit B. 9. 10. 11. 12. 13. 14. These defendants are without knowledge as to the claimed fact. Admitted. Admitted. Admitted. These defendants are without knowledge as to the claimed fact. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit D. 15. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit D. 16. Israel Polansky believes that OSM did obtain a line of credit from Ameristar

Capital Corporation and Anne Polansky has no knowledge as to this. These defendants are without knowledge as to the source, accuracy, or authenticity of Exhibit E.

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17.

These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit F. 18. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit F. 19. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit G. 20. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit G. 21. Disputed as to these defendants. Further, these defendants have no knowledge as

to the source, accuracy, or authenticity of Exhibit G. See Affidavit of Israel Polansky, paragraph 16. 22. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit H. 23. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit G. 24. These defendants are without knowledge as to the source, accuracy, or

authenticity of Exhibit I. 25. These defendants are without knowledge as to the source, accuracy, or

authenticity of Exhibit K. 26. These defendants are without knowledge as to the claimed fact.

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27. fact. 28.

Admitted by Israel Polansky. Anne Polansky has no knowledge as to the claimed

These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit I. 29. These defendants are without knowledge as to the source, accuracy, or

authenticity of Exhibit I. This is a disputed fact, see Affidavit of Robert E. Polansky, paragraph 68. 30. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit I. 31. These defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit L. 32. These defendants have not been provided with a copy of Exhibit L and therefore

are without knowledge as to the claimed fact. 33. These defendants have not been provided with a copy of Exhibit L and therefore

are without knowledge as to the claimed fact. 34. It is admitted that Exhibit M is a copy of pages 67 through 69 of Robert

P l sy dpsi . o nk' eoio a s tn 35. 36. 37. The transcript speaks for itself. This is a disputed fact. See Affidavit of Robert Polansky, paragraph 67. These defendants are without knowledge as to the claimed fact or the source,

accuracy, or authenticity of Exhibit N.

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38.

These defendants are without knowledge as to the claimed fact or the source,

accuracy, or authenticity of Exhibit O. 39. 40. These defendants are without knowledge as to the claimed fact. These defendants admit that Exhibit M is an accurate copy of pages 68 through 69

of the deposition of Robert Polansky. 41. These defendants are without knowledge as to the claimed fact and have not seen

" eeod. t r rs h c " 42. These defendants are without knowledge as to the claimed fact or the source,

accuracy, or authenticity of Exhibit Q. 43. Israel Polansky is without knowledge as to the claimed fact or the source,

accuracy, or authenticity of Exhibit R. 43. 44. reported. 45. The claimed fact is admitted, but these defendants are without knowledge as to These defendants are without knowledge as to the claimed fact. These defendants admit that Exhibit R shows home mortgage interest and points

source, accuracy, or authenticity of Exhibit A. 46. This is not a material fact and Israel Polansky has complied with all discovery

orders of this court. 47. The claimed fact is disputed. See Affidavit of Israel Polansky, paragraph 3.

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48.

The claimed fact is disputed.

The claimed fact is not supported by Exhibit

B and, further, these defendants are without knowledge as to the source, accuracy, or authenticity of Exhibit B. 49. or deny it. 50. Anne Polansky is without knowledge as to the claimed fact or as to the source, Israel Polansky admits that he ended his board These defendants do not understand the claimed fact and therefore cannot admit

accuracy, or authenticity of Exhibit B and

membership with ISA in 1991 but is without knowledge as to the source, accuracy, or authenticity of Exhibit B. 51. These defendants are without knowledge as to the claimed fact in that they do not

know and no evidence is given as to the time of the selloff of the assets of ISA. They do admit that Israel and Robert Polansky created a company with the goal of attracting investment dollars to an advertisement business and that Robert Polansky was President/CEO and Israel Polansky was a Director. 52. 53. The claimed fact is admitted. These defendants are without knowledge as to the claimed fact in that they have

no knowledge o t "ak eod"e r d ohr n fh bn r rs r e e t t e . e c fr ei 54. T eedf dn d nt nw w a t t m " eea on "r e t ad hs e nat o o ko ht h e t s m ut e r o n e s e r h s fs

therefore are without knowledge as to the claimed fact. 55. The claimed fact is admitted insofar as it alleges that the plaintiff has not properly

requested evidence of loan agreements and therefore has none. As to Exhibit S, a purported

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transcript of a deposition of Israel Polansky, these defendants are without knowledge as the source, accuracy, or authenticity of the purported transcript. A video taped deposition of Israel Polansky was taken before a person who could not prove her authority as a notary and whom p i is cusl te hdpr r e pr ea w r fr h . T ep i ishv s c ln f ' one s t a e om d a l l ok o i a tf ad f ag m h ln f ae i e a tf n produced a purported video tape, but plaintiffs have failed to establish the chain of custody of that video tape or its authenticity, and that it has not been altered. Exhibit T would not be admissible at trial. 57. 58. The claimed fact is disputed. See Affidavit of Israel Polansky. The defendants are without knowledge as to the claimed fact or as to the source,

accuracy, or authenticity of Exhibit F. 59. The claimed fact is disputed. Israel Polansky does not believe that he was ever a

signatory on any corporate account of OSM. These defendants have never been provided a copy of Exhibit L and are therefore without knowledge as the source, accuracy, or authenticity of Exhibit L. 60. These defendants do not understand the claimed fact and so are without

knowledge as to the claimed fact which is unsupported by reference to any evidence. 61. These defendants do not understand the claimed fact and so are without

knowledge as to the claimed fact which is unsupported by reference to any evidence. 62. The defendants are without knowledge as to the first sentence of the claimed fact.

As to the remaining claimed fact, these defendants are without knowledge as to the source,

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accuracy, or authenticity of Exhibits A and U and are consequently without knowledge as to the claimed fact. 63. These defendants do not understand the materiality of the claimed fact and

dispute, as set forth above, the admissibility of Exhibit T. The Affidavit of Robert E. Polansky, paragraph 77, establishes that, consistent with the Affidavit of Israel Polansky, Israel Polansky ceased funding the operations of OSM and advanced funds only for payment to attorneys who represented both Israel Polansky and OSM Communications. Disputed Issues of Material Fact For the reasons set forth in their Motion for Summary Judgment these defendants contend that there are no genuine issues to be tried as to them. THE DEFENDANTS ISRAEL H. POLANSKY and ANNE POLANSKY

By: _______________________________ J. Michael Sulzbach 385 Orange Street New Haven, CT 06511 Telephone: (203) 781-0880 Fed. Bar No. ct00206 Attorney for Defendants Israel H. Polansky and Anne Polansky

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CERTIFICATE OF SERVICE This is to certify that on this 12th day of September, 2005, a copy of the foregoing was deposited in the United States mails, first-class, postage prepaid, addressed to: Robert E. Arnold, Esquire 205 Church Street, Suite 310 New Haven CT 06510 Karen E. Haley, Attorney at Law 419 Whalley Avenue, Suite 105 New Haven CT 06511 Michael P. Goldsmith, Esquire 38 West 21st St., 5th floor New York NY 10010-6977

_____________________________ J. Michael Sulzbach

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