Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:01-cv-02158-WWE

Document 127-2

Filed 09/08/2005

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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 8, 2005

LOCAL RULE 56(a)1 STATEMENT OF DEFENDANT ANNE POLANSKY 1. Pa tf c i s gi t e nata bsduo p i is c i s o sl y ln f ' lm aa sdf dn r ae pn ln f ' lm fr a r, i is a n e s e a tf a a

severance, and other benefits claimed to be owed to them by reason of the employment of Donald Wainright and Deborah A. Russo-Williams as employees of defendant OSM C m ui t n,n." S ) (o p i ) o m n aosIc( M" C m ln ci O . at 2. Plaintiffs claim that defendant Anne Polansky is liable for those obligations for

the following reasons: A. OSM is nothing more than an alter ego and instrumentality of Anne

Polansky. (Complaint ¶ 17) B. Money was drained from OSM and property was purchased through and

p cdn ne o nk'nm t sid s tf m O M c d os(o p i ¶ ) l e iA n P l sy a eo h l as sr a a s e e o S r i r C m ln 3 et . at

Case 3:01-cv-02158-WWE

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Filed 09/08/2005

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3. (Complaint) 4.

Other than as asserted above, the plaintiffs have no claims against Anne Polansky.

Anne Polansky is the wife of co-defendant Robert E. Polansky. (Affidavit of

A n P l sy " P) 2 ne o nk ( "¶ ) a A 5. 5) 6. Anne Polansky has had no role of any kind in OSM whether in its operations or Anne Polansky has never been an officer or director or employee of OSM. (AP ¶

any other respect. (Affidavit of Robert E. Polansky ¶ 78 ) 7. (AP ¶ 6) 8. (AP ¶ 7) 9. Anne Polansky has never possessed or controlled any asset or thing of value of Anne Polansky does not possess or control any asset or thing of value of OSM. Anne Polansky has never had access to any OSM assets, accounts, or credit cards.

OSM. (AP ¶ 7) 10. No employee of OSM and no plaintiff has ever performed any function for Anne

Polansky other than answering the telephone when she may have called her husband at the OSM offices. (AP ¶ 8) 11. 9) 12. Anne Polansky has never had any communication with any plaintiff other than Anne Polansky has never received money or anything of value from OSM. (AP ¶

with respect to trying to reach her husband by telephone at the offices of OSM. (AP ¶ 10)

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Case 3:01-cv-02158-WWE

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13. (AP ¶ 13)

Anne Polansky has never met or communicated with plaintiff Janet Wainright.

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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Case 3:01-cv-02158-WWE

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Filed 09/08/2005

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CERTIFICATE OF SERVICE This is to certify that on this 8th 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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