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

Case 3:01-cv-02158-WWE

Document 126-2

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 ISRAEL H. 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 Israel H. Polansky is liable for those obligations for

the following reasons: A. The plaintiffs were induced to become employees of OSM through the

f uu n r r eti s f s e H P l sycne i O M' f ac l i it adt s r dl te e n t n o I al . o nk ocr n S s i ni v b i n h a e p s ao r a ng n a a ly i df dn s ii ns t pr nl ga n t t S w u m ei ol aoso ln f ; e nat wln eso e oay ur t h O M ol ett b gt n t p i is e ' lg s l ay a d s i i a tf (Complaint ¶ 23) B. OSM is nothing more than an alter ego and instrumentality of Israel H.

Polansky. (Complaint ¶¶ 17, 18)

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C.

In June of 1998 Israel H. Polansky promised Ms. Russo-Williams that he

w u pr nl ga n O M'f ac lb gt n; C m ln ¶ 9 ol e oay ur t S si ni ol aos (o p i 1) d s l ay n a i i at 3. Other than as set forth above, the plaintiffs have asserted no claims against Israel

H. Polansky. (Complaint) 4. 5. Ial . o nk i9 ya o ae( fdv o I al . o nk ( H "¶ ) s eH P l sys 4 er fg.A f ai fs eH P l sy " P) 1 r a s i t r a I Israel H. Polansky was an investor in OSM and lent $1,100,000.00 to OSM.

( fdv o R brE P l sy " E "¶ 3 A f ai f oe . o nk ( P) 6) i t t a R 6. 7. 8. Israel H. Polansky was a director of OSM. (IHP ¶ 8) Israel H. Polansky was neither an employee nor officer of OSM. (IHP ¶ 8) Israel H. Polansky had no role in the operation or management of OSM. (IHP ¶¶

89A f aio R brE P l sy R P ¶ 7 ,; fdv f oe . o nk " E " 6) i t t a 9. 10. Israel H. Polansky had no control of any asset of OSM. (REP ¶ 67) Ial . o nk hdn cn o o O M' py et r o-payment of any s e H P l sy a o ot l f S s am n o nn r a r

monies claimed by any plaintiff. (IHP ¶¶ 8, 9, 18; REP ¶ 67) 11. 12. At all relevant times, OSM was located in New York City. (IHP ¶ 2) At all relevant times, Israel H. Polansky resided with his wife in Newton,

Massachusetts. (IHP ¶ 7) 13. Without the investments and loans of Israel H. Polansky, OSM could not have

oe t dr gh pr d f ln f 'm l m n ( P¶ 0 pr e ui t e o o p i ise p y et I ad n e i a tf o . H 1)

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14.

At no time did Israel H. Polansky guaranty Donald Wainright that he would fund

the company so that his salaries and/or other benefits could be paid nor did he guaranty that such salaries or benefits would be paid. (IHP ¶ 16) 15. At no time did Israel H. Polansky guaranty Janet Wainright that he would fund

the company so that any salaries and/or other benefits or expenses could be paid nor did he guaranty that such salaries or benefits or expenses would be paid. (IHP ¶ 16) 16. At no time did Israel H. Polansky guaranty Deborah A. Russo-Williams that he

would fund the company so that her salaries and/or other benefits could be paid nor did he guaranty that such salaries or benefits would be paid. (IHP ¶ 16) 17. OSM was neither the alter ego nor the instrumentality of Israel H. Polansky. (IHP

¶¶ 8, 9; REP ¶ 67, 73 ) 18. Other than as set forth above, Israel H. Polansky never directed, controlled or

otherwise influenced the operations of OSM. (IHP ¶¶ 8, 9; REP ¶ 67) 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 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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