Main Street Wire V Dailey - Complaint FILED

FILED: NEW YORK COUNTY CLERK 11/10/2017 03:25 PM INDEX NO.
656875/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/10/2017
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
------------------------------------------------------------------X
THE MAIN STREET WIRE, INC. and BRIANA
WARSING, Index No.
Plaintiffs,
SUMMONS
-against-
DAVID STONE and ROOSEVELT ISLAND DAILY,
Defendants.
------------------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to submit to Plaintiffs attorney, at the address stated
below, an answer to the attached complaint.
If the summons is personally served upon you in New York State, an answer must be served
within twenty days after service of the summons, excluding the date of service. If this summons
was not personally served upon you in the State of New York, the answer must be served within
thirty days after service is complete as provided by law. If you do not serve an answer to the
attached complaint within the applicable time limitation stated above, a judgment may be entered
against you, by default, for the relief demanded in the complaint, without further notice to you.
The basis of venue designated as New York County is C.P.L.R. 509.
Dated: New York, New York

November 10, 2017 s/Marc Jonas Block
By: ______________________________
Marc Jonas Block
THE LAW OFFICES OF MARC JONAS BLOCK, P.C.
Attorneys for Plaintiffs
40 River Road
New York, New York 10044
marcjblock@gmail.com
Tel: 646-821-6886
To: DAVID STONE ROOSEVELT ISLAND DAILY

20 River Road 20 River Road
New York, New York 10044 New York, New York 10044
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FILED: NEW YORK COUNTY CLERK 11/10/2017 03:25 PM INDEX NO. 656875/2017
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
X
THE MAIN STREET WIRE, INC. and
BRIANA WARSING, Index No.:
Plaintiffs,
-against- COMPLAINT
DAVID STONE and ROOSEVELT ISLAND DAILY,
Defendants.
X
Plaintiffs, THE MAIN STREET WIRE, INC. and BRIANA WARSING, suing
individually and collectively, complaining of Defendants, DAVID STONE and ROOSEVELT
ISLAND DAILY, allege(s) as follows:
THE PARTIES
1. Plaintiff, THE MAIN STREET WIRE, INC., is a domestic corporation with
office address of 520 Main Street, New York, New York 10044 (WIRE).
2. Plaintiff WIRE owns and operates a bi-weekly newspaper entitled The Main
Street WIRE, specializing in the local news and information for the community of Roosevelt
Island, a narrow island in New York City's East River, with a population of approximately
16,000 individuals.
3. Plaintiff WIRE is the owner of a bulletin list consisting of approximately 800 e-
mail addresses of individuals and entities interested in news and information regarding Roosevelt
Island, and was developed over time and a great deal of effort by the Wire (Wire Bulletin
List). The bulletin list is confidential proprietary information of the Wire.
4. Plaintiff, BRIANA WARSING, is an individual with residence of 40 River Road,
New York, New York 10044 (Warsing).
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5. Plaintiff Warsing is the Editor in Chief and Publisher of The Main Street WIRE.
6. Defendant, David Stone, is an individual and a resident of the State, City and
County of New York with residency at 20 River Road, New York, New York 10044 (Stone).
7. Upon information and belief, defendant, Roosevelt Island Daily, is an
unincorporated entity with business address at 20 River Road, New York, New York 10044
(Daily).
8. Defendant Daily is an online opinion blog created on or about April 16, 2016,
with website address of http://rooseveltislanddaily.prosepoint.net/.
9. Defendant Stone is the editor and prime contributor to Defendant Daily.
JURISDICTION & VENUE
10. Each of the Defendants conducts significant business in the State, City and
County of New York, such that personal jurisdiction applies to each of them.
11. Additionally, each of the Defendants resides in the State, City and County of New
York, further establishing personal jurisdiction over the Defendants.
12. Furthermore, the relevant acts and occurrences detailed herein occurred in the
State, City and County of New York.
13. Accordingly, jurisdiction is proper over this matter under Article 3 of the CPLR.
14. Venue is proper under CPLR 503(a) because Defendant Stone resides in the
county of this Court, as well as CPLR 503(c) because Defendant Roosevelt Island Dailys
principal place of business is in this county.
3 of 16
FACTS COMMON TO ALL CAUSES OF ACTION
15. Prior to the spring of 2016, Defendant Stone worked as a freelance contributor to
the The Main Street WIRE.
16. In the spring of 2016, Defendant Stone engaged in discussions to take over the
The Main Street WIRE as publisher, replacing the retiring editor, Dick Lutz (Lutz)
17. During the course and in furtherance of the discussions identified above, Stone
requested disclosure of the Wire Bulletin List. Lutz shared the Wire Bulletin List with Stone
with the understanding that Stone only use the Wire Bulletin List in furtherance of the business
of Plaintiff WIRE.
18. A satisfactory arrangement could not be reached between Defendant Stone and
Plaintiff Wire.
19. On April 13, 2016, Defendant Stone informed Plaintiff Wire via e-mail that he
was moving on.
20. On April 16, 2016, Defendant Stone sent an e-mail to all people and business on
Wire Bulletin List to announce that Stone was starting a competing business, i.e. Defendant,
Roosevelt Island Daily.
21. On April 25, 2017, Lutz, on behalf of Plaintiff Wire, provided written demand to
Defendant Stone to cease and desist use of the Wire Bulletin List for his own purposes.
Defendant Stone provide written refusal on April 25, 2017, stating that Lutz, [a]s a 77 year old
man, [has] a lot of growing up to do.
22. On November 12, 2016, Stone conceded improperly retaining and using the Wire
Bulletin List:
The email list [the Wire] claims I don't have permission to use was
already in use before our deal with the WIRE collapsed. Lutz gave it to
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me, along with detailed instructions on how to upload it to my own

account.
The reason he did was because I wanted to restart the Alerts that he'd
dropped months before after reducing full time activities with the WIRE.
Warsing had not picked them up.
I picked up the list and began sending Alerts as a service to the

community. No one paid any sort of sponsorship. It was just a good thing
to do. So, why should that not continue after my deal with the WIRE
ended?
See http://rooseveltislanddaily.prosepoint.net/143780.
23. Defendants Stone and Daily acknowledged on August 19, 2017 that the Wire
Bulletin List was created by the Wire:
[the] mailing did not originate with The Daily. It's a list compiled
from residents who wanted to receive community alerts from the former
Main Street WIRE Our active list is roughly 90% subscribers who
started out with the WIRE.
See http://rooseveltislanddaily.prosepoint.net/risa-gets-little-support-for-rioc-public-purpose-funds.
24. In August of 2017, after the termination of negotiations between Stone and Lutz,
and after the creation of Defendant Daily by Stone, plaintiff Warsing was appointed the Editor in
Chief of The Main Street WIRE.
25. Thereafter, Stone began to systemically and repeatedly attack Warsing, the Wire
and anyone associated therewith with false and misleading allegations of racisms, sexual
misconduct, and lack of professionalism. Specifically:
a. In a blog article posted in the Daily, dated November 12, 2016, Stone falsely,
maliciously, and with reckless disregard for the truth, accused Warsing and Lutz
of having an affair by stating that there was some sort of inappropriate
relationship going on, the kind of thing that drives impractical, emotional
recklessness.
5 of 16
b. Defendant Stone and Daily repeatedly stated that the WIRE, both the entity and
newspaper, as well as officers, directors and employees thereof, are racist and
bigoted.
i. On July 3, 2017, defendants stated in writing that the WIRE is voluntarily
aligned with racists and that [w]e need to remind all advertisers who
support the Main Street WIRE that their money goes to an operation
publicly connected to racism as well as age and gender bias.
ii. On June 29, 2017, defendants stated in writing Lets be clear here. The
Main Street WIRE's editor not only condoned but freely participated in the
racist troll attacks.
iii. Throughout July, 2017, defendants engaged in a series of written attacks
on the former publisher of the Wire, Dana Agmon, claiming same to be a
bigot and blatant racism as well as gender and age bias. Said claims
were based on alleged posts on the Daily which occurred while Dana
Agmon was on a cross-continental flight without internet access.
iv. On August 25, 2017, defendants published the following statement: we
are also closely watching to see which advertisers are still willing to invest
in the WIRE in spite of its documented ties to racism and age and gender
bias.
v. In July, 2017, defendants made the unfounded and false statement that the
WIRE used copyrighted photos without permission or attribution, as well
as including in their newspaper a quote in an article from a person who'd
been dead for 10 years: On the front page of one of the first issues Briana
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handled on her own, she wrote an article that included a quote from a
person who'd been dead for ten years but didn't attribute it to anyone.
Now, unless she got it from a spirit medium... Then, there's the plagiarism
and the using copyrighted photos without permission or attribution.
vi. On May 28, 2017, defendants published a false and defamatory headline
in large bold letters that Plaintiffs are covering up for the local public
school, and department of education: PS/IS Rat Infestation Worsens as
the PTA & Main Street WIRE Try Coverup. Said statement was posted
on the blog as well as in e-mail postings sent to the Wire Bulletin List.
vii. Defendants alleged on June 29, 2017 in writing that Plaintiffs threatened
to go after my advertisers, to punish The Daily for reporting they don't
like. (See http://rooseveltislanddaily.prosepoint.net/149997).
viii. Since June 25, 2017, Stone has repeatedly referred to the Wire as the
Main Street Moms Bi-Monthly as a result of the Wire being written and
edited primarily by women who also happen to be mothers.
ix. Since June, 2017, Stone has repeatedly alleged that articles in the Wire
were written to curry favor with the local public school administration and
obtain preferential treatment for their children.
x. On October 30, 2017, Stone posted a blog entry on the Daily questioning
the veracity and accuracy of Warsings professionalism and reporting
abilities by alleging she did not attend a meeting that was the subject of a
news report in the WIRE. (See http://rooseveltislanddaily.prosepoint.net/main-
7 of 16
street-wire-corrections-boycott). However, Warsing did attend said meeting,
arrived after Stone, and sat in a seat directly in front of Stone.
26. The aforestated statements by defendants Stone and Daily are false, were known
to be false when made and were issued to injure plaintiffs Wire and Warsing.
27. Defendants twice launched boycotts of advertisers of the Wire, citing malicious
and defamatory falsehoods as support:
a. On December 12, 2016, Defendants sought to punish the Wire and cut off [the
Wires] air supply of advertisers by announc[ing] an active boycott of all Wire
advertisers. As a courtesy, [Stone] will also contact each WIRE advertiser and
inform them that they will be boycotted [as well].
b. On October 15, 2017, in a blog post entitled Advertisers, Drop WIRE Ads or Face
Boycott, Defendant Stone listed some WIRE advertisers by name: Were
suggesting an equivalent act that puts the kibosh, once and for all, on the reckless
Main Street WIRE. Put a stop to it by cutting off their air supply of advertising
dollars. The previous day, October 14, he wrote about Plaintiffs, Put a stop to it
by cutting off their supply of advertising dollars. On October 30, he wrote,
Were asking residents to recognize the newspapers advertisers as partners in
les than admirable community busting behaviors. It is important to note that
Stone did not list advertisers of the Wire that also advertise with the Daily.
28. On November 7, 2017, Plaintiffs sent a cease and desist letter to Defendants
regarding the above described conversion of Wire Bulletin List, defamatory statements, and
tortuous interference.
8 of 16
29. Defendants responded on November 9, 2017, by admitting use of the Wire
Bulletin List. Defendants posted his response online in an article entitled Main Street WIRE
Suing the Roosevelt Island Daily, where he accused Plaintiffs of trying to silence the Defendants
blog and placing the Freedom of the press and speech jeopardy.
AS AND FOR A FIRST CAUSE OF ACTION OF

MISAPPROPRIATION OF CONFIDENTIAL BUSINESS INFORMATION
30. Plaintiffs repeat and reallege paragraphs 1 through 26 of this Complaint as if fully
set forth herein.
31. The Wire Bulletin List is a valuable trade secret and asset that is critical to The
Wires success and continued viability.
32. The Wire has kept the Wire Bulletin List confidential and has not shared this
information with the public.
33. Defendant Stone obtained possession of the Wire Bulletin List as part of his prior
business dealings with the Wire.
34. Defendant Stone, after secession from the Wire, used the Wire Bulletin List for
his own commercial use with the Daily.
35. By virtue of the foregoing, defendants are liable to plaintiffs for the reasonable
value of the assets and damages suffered, in an amount to be determined at trial, plus interest.
AS AND FOR A SECOND CAUSE OF ACTION OF

CONVERSION
set forth herein.
9 of 16
37. Defendants intended to use and appropriate the Wire Bulletin List,
notwithstanding that it is an asset of the Wire.
38. Defendants use and appropriation of the Wire Bulletin List interfered with and is
at the exclusion of the Wires sole use.
39. Plaintiff Wire is the owner of and has the right of possession of the Wire Bulletin
List.
40. Defendants use and appropriation of the Wire Bulletin List infringes the rights of
Plaintiffs.
41. By virtue of the foregoing, defendants are liable to plaintiffs for the return of the
Wire Bulletin List.
42. Plaintiffs are entitled to and hereby seek to obtain a permanent injunction
prohibiting and enjoining Defendants from use of the Wire Bulletin List.
AS AND FOR A THIRD CAUSE OF ACTION OF

REPLEVIN
set forth herein.
44. Defendants intended to use and appropriate the Wire Bulletin List,
notwithstanding that it is an asset of the Wire.
45. Defendants use and appropriation of the Wire Bulletin List interfered with and is
at the exclusion of the Wires sole use.
46. Plaintiff Wire is the owner of and has the right of possession of the Wire Bulletin
List.
10 of 16
47. Defendants use and appropriation of the Wire Bulletin List infringes the rights of
Plaintiffs.
48. Plaintiffs are entitled to and hereby seek the reasonable value of the assets and
damages suffered, in an amount to be determined at trial, plus interest.
AS AND FOR A FOURTH CAUSE OF ACTION OF

DEFAMATION PER SE
set forth herein.
50. Defendants authored and published false statements about Plaintiffs to the public
as previously alleged in detail in the State, City and County of New York.
51. The statements regarding Plaintiff were false when made.
52. The statements exposed Plaintiffs to public contempt, ridicule, aversion or
disgrace.
53. The statements regarding plaintiffs were made with ill will.
54. The statements regarding plaintiffs were made with actual malice.
55. Defendants made and published the false statements regarding plaintiffs with
knowledge of the falsehood of the statements.
56. The statements are defamatory on their face.
57. Plaintiffs suffered irreparable damage to their reputation in the community.
58. Defendants actions constitute defamation per se against Plaintiffs.
59. As a result of the defamatory statements made and published by Defendants
Plaintiffs suffered actual and consequential damages of an amount to be determined at trial, plus
interest.
10
11 of 16
60. As a result of the defamatory statements made by Defendants, Plaintiffs suffered
special damages of an amount to be determined at trial, plus interest.
61. As a result of the defamatory statements made by Defendants, Plaintiffs seek an
award of punitive damages of an amount to be determined at trial, plus interest.
AS AND FOR A FIFTH CAUSE OF ACTION OF

DEFAMATION
set forth herein.
63. The statements regarding Plaintiff where reasonably susceptible to a defamatory
connotation when made.
64. The statements expose Plaintiffs to public contempt, ridicule, aversion or
disgrace.
65. The statements regarding Plaintiffs were made with ill will.
66. The statements regarding Plaintiffs were made with actual malice.
67. Defendants made the false statements regarding Plaintiffs with knowledge of the
falsehood of the statements.
68. Defendants made the statements regarding Plaintiffs with recklessness as to
falsehood of the statements.
69. Plaintiffs suffered irreparable damage to their reputation in the community.
70. The Defendants actions constitute defamation against Plaintiffs.
actual and consequential damages of an amount to be determined at trial, plus interest.
11
12 of 16
special damages of an amount to be determined at trial, plus interest.
73. As a result of the defamatory statements made by Defendants, Plaintiffs seek an
award of punitive damages of an amount to be determined at trial, plus interest.
AS AND FOR A SIXTH CAUSE OF ACTION OF

PRIMA FACIE TORT
set forth herein.
75. Defendants conduct was intentional to inflict harm upon the plaintiffs.
76. Defendants conduct resulted in special damages.
77. Defendants conduct was without excuse or justification.
78. The sole motivation for the defendants actions was malevolence.
79. As a result of the actions by Defendants, Plaintiffs suffered actual and
consequential damages of an amount to be determined at trial, plus interest.
80. As a result of the actions by Defendants, Plaintiffs suffered special damages of an
amount to be determined at trial, plus interest.
81. As a result of the actions by Defendants, Plaintiffs seek an award of punitive
damages of an amount to be determined at trial, plus interest.
AS AND FOR A SEVENTH CAUSE OF ACTION

FOR TORTIOUS INTERFERENCE WITH BUSINESS -
PROSPECTIVE CONTRACTUAL RELATIONSHIP
82. Plaintiffs repeat and re-allege each and every allegation contained in paragraphs 1
through 78 of this Complaint as if more fully set forth at length.
12
13 of 16
83. As a result of Defendants actions, Plaintiffs have been and will continue to be
damaged.
84. Plaintiffs have no adequate remedy at law.
85. By reason of the foregoing, Plaintiffs seek damages against Defendants for actual,
consequential and compensatory damages in an amount to be determined at trial, plus interest.
AS AND FOR AN EIGHTH CAUSE OF ACTION FOR TORTIOUS

INTERFERENCE WITH BUSINESS - EXISTING CONTRACT
86. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 81 of this Complaint as if more fully set forth at length.
damaged.
AS AND FOR A NINTH CAUSE OF ACTION

FOR UNJUST ENRICHMENT
90. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 86 of this Complaint as if fully set forth herein.
91. Defendants were enriched by interfering in the business relations of the Plaintiffs.
damaged.
13
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WHEREFORE, the Plaintiffs demand judgment as follows:
A. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily on the First Cause
of Action for return of the Wire Bulletin List.
B. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily on the First Cause
of Action for permanent injunction precluding use of the Wire Bulletin List.
C. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Second Cause of
Action for an amount to be determined at trial.
D. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Third Cause of Action
for an amount to be determined at trial.
E. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Fourth Cause of
F. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Fifth Cause of Action
G. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Sixth Cause of Action
14
15 of 16
H. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Seventh Cause of
I. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Eighth Cause of
J. Plaintiffs Wire and Warsing seek against Defendants Stone and Daily actual,
consequential, compensatory, special and punitive damages on the Ninth Cause of Action
K. Interest and costs and such other relief as the Court deems just and proper.
L. Attorneys fees.
Dated: New York, New York

November 10, 2017 s/Marc Jonas Block
By: ______________________________
Marc Jonas Block
THE LAW OFFICES OF MARC JONAS BLOCK, P.C.
Attorneys for Plaintiffs
40 River Road
New York, New York 10044
marcjblock@gmail.com
Tel: 646-821-6886
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Main Street Wire V Dailey - Complaint FILED

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Main Street Wire V Dailey - Complaint FILED

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FILED: NEW YORK COUNTY CLERK 11/10/2017 03:25 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

DAVID STONE and ROOSEVELT ISLAND DAILY,

TO THE ABOVE NAMED DEFENDANTS:

The basis of venue designated as New York County is C.P.L.R. 509.

Dated: New York, New York

To: DAVID STONE ROOSEVELT ISLAND DAILY

SUPREME COURT OF THE STATE OF NEW YORK

DAVID STONE and ROOSEVELT ISLAND DAILY,

individually and collectively, complaining of Defendants, DAVID STONE and ROOSEVELT

ISLAND DAILY, allege(s) as follows:

1. Plaintiff, THE MAIN STREET WIRE, INC., is a domestic corporation with

3. Plaintiff WIRE is the owner of a bulletin list consisting of approximately 800 e-

List). The bulletin list is confidential proprietary information of the Wire.

4. Plaintiff, BRIANA WARSING, is an individual with residence of 40 River Road,

New York, New York 10044 (Warsing).

7. Upon information and belief, defendant, Roosevelt Island Daily, is an

with website address of http://rooseveltislanddaily.prosepoint.net/.

9. Defendant Stone is the editor and prime contributor to Defendant Daily.

JURISDICTION & VENUE

York, further establishing personal jurisdiction over the Defendants.

State, City and County of New York.

principal place of business is in this county.

FACTS COMMON TO ALL CAUSES OF ACTION

the The Main Street WIRE.

was moving on.

Roosevelt Island Daily.

man, [has] a lot of growing up to do.

me, along with detailed instructions on how to upload it to my own

I picked up the list and began sending Alerts as a service to the

Bulletin List was created by the Wire:

Chief of The Main Street WIRE.

misconduct, and lack of professionalism. Specifically:

of having an affair by stating that there was some sort of inappropriate

i. On July 3, 2017, defendants stated in writing that the WIRE is voluntarily

publicly connected to racism as well as age and gender bias.

racist troll attacks.

iii. Throughout July, 2017, defendants engaged in a series of written attacks

on the former publisher of the Wire, Dana Agmon, claiming same to be a

Agmon was on a cross-continental flight without internet access.

iv. On August 25, 2017, defendants published the following statement: we

WIRE used copyrighted photos without permission or attribution, as well

as including in their newspaper a quote in an article from a person who'd

and the using copyrighted photos without permission or attribution.

school, and department of education: PS/IS Rat Infestation Worsens as

to go after my advertisers, to punish The Daily for reporting they don't

like. (See http://rooseveltislanddaily.prosepoint.net/149997).

edited primarily by women who also happen to be mothers.

obtain preferential treatment for their children.

the veracity and accuracy of Warsings professionalism and reporting

news report in the WIRE. (See http://rooseveltislanddaily.prosepoint.net/main-

street-wire-corrections-boycott). However, Warsing did attend said meeting,

arrived after Stone, and sat in a seat directly in front of Stone.

and defamatory falsehoods as support:

Wires] air supply of advertisers by announc[ing] an active boycott of all Wire

inform them that they will be boycotted [as well].

Boycott, Defendant Stone listed some WIRE advertisers by name: Were

by cutting off their supply of advertising dollars. On October 30, he wrote,

Were asking residents to recognize the newspapers advertisers as partners in

les than admirable community busting behaviors. It is important to note that

29. Defendants responded on November 9, 2017, by admitting use of the Wire

AS AND FOR A FIRST CAUSE OF ACTION OF

set forth herein.