Settlement Discussions Scheduled for June 10th

Warsing/Main Street WIRE Default Judgment Against The Daily Rejected

Updated 5 weeks ago
Unread Main Street WIRE newspapers left in a stack at Gallery RIVAA in August 2017, a year before its demise.
Unread Main Street WIRE newspapers left in a stack at Gallery RIVAA in August 2017, a year before its demise.
© David Stone / Roosevelt Island Daily

In January, Brian Warsing, represented by Marc Jonas Block, offered a motion in New York State Supreme Court for a default judgment for $300,000 against The Daily, claiming that we had not responded to a Summons and Complaint Block said he served ten months earlier. On Thursday, Judge Melissa Ann Crane rejected their motion.

(Read more about our take on this lawsuit here.)

As we'd been advised to expect, Judge Crane "reset the clock," erasing standards for complaints, summonses and affidavit service, asking us to agree to receipt of service of Warsing's Summons and Complaint and setting the time we have to reply at 30 days.

In a conference call, we objected, arguing that we had never been properly served and that Block's Affidavit of Service was fatally flawed and should be rejected outright, killing the lawsuit. A pair of licensed attorneys, Block and Warsing, with over 30 combined years of experience, ought to be able to figure out how to serve a summons, we believe.

According to Block's sworn statement, he never documents or even mentions making a good faith effort to serve The Daily or me directly and personally before resorting to less reliable attempts. Documenting such efforts, we've been advised, is required in New York State.

But our request to throw out the lawsuit was denied because, according to the court, "They can just file it again," which for all intents left us no choice but to agree to Judge Crane's common sense approach.

We will be meeting with the Plaintiffs and Judge on June 10th for a settlement discussion. We look forward to finally confronting what we consider a completely meritless case in front of a judge and bringing this 18 month legal battle to an end. 

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