Author Topic: Interesting Articles...  (Read 2377777 times)

Offline good sam

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Re: Interesting Articles...
« Reply #7620 on: August 17, 2017, 02:22:21 PM »
The Affidavit of Service submitted by Plaintiff, Signature Bank NA (hereinafter "Plaintiff") states that the Summons and Complaint were served at 5:30 p.m. on Saturday, November 30, 2017.
?
« Last Edit: August 17, 2017, 03:39:20 PM by good sam »
If you don't care why would you comment?
HT: DMYD

Offline ExGingi

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Re: Interesting Articles...
« Reply #7621 on: August 17, 2017, 03:19:54 PM »
Signature Bank NA v. Koschitzki, 520610/16, NYLJ 1202795632366, at *1 (Sup., KI, Decided July 27, 2017)
"Defendants assert that the purported service of the Summons and Complaint herein is invalid as they were served on November 26, 2016, which was a Saturday. It is undisputed that Defendants are orthodox Jews who observe the Sabbath. It is undisputed that plaintiff knew that defendants are observant Jews. Therefore, General Business Law §13 requires that defendants not be served during the Jewish Sabbath. The Affidavit of Service submitted by Plaintiff, Signature Bank NA (hereinafter "Plaintiff") states that the Summons and Complaint were served at 5:30 p.m. on Saturday, November 30, 2017.
It is the sworn statement of Defendant Solomon Koschitzki, that the summons and complaint were served at that time upon a "Jane Koschitzki" relative. Defendants dispute the existence of any such relative who would have been authorized to accept service on their behalf. Defendants further dispute the propriety of the time at which they were served, stating that while Jews who adhere to the group Chabad believe that the Sabbath ended at 5:15 pm on the date in question, it is the belief of the defendants and others of their fellow adherents that Sabbath ends 72 minutes after sunset, or 90 minutes after candle lighting time. Defendants' sworn statement is that Sabbath ended for them at 5:43 pm on November 26, 2016. In support of this position, defendants submit information to show that among chasidic communities such as defendants', it is actually common practice to wait for 72 minutes past sundown to resume post-Sabbath activities. See link: http://www.hebcal.com/hebcal/? year=2016&month=x&YT=G&v=1&nh=on&nx=on&mf=on&s s=on&o=on&s=on&i=on&lg=s&vis=on&D=on&d=on&c=on&geo=city&city=New+York&m=7 2&.cgifields=nx&.cgifields=nh&.cgifields=mf&.cgifields=ss&.s=Preview+Calendar#cal-2016-11
The Court understands that there is disagreement as to the time at which Sabbath ends among different groups of observant Jews. This Court does not believe it would be appropriate for it to determine the manner in which religious custom should be observed by any individual group or require that one particular group's traditions be adhered to uniformly. The time asserted by defendants is not unreasonable given the conflicting opinions contained in different religious sources. Thus, the Court finds that plaintiff was in violation of General Business Law §13 when it served defendants during their Sabbath observance. "

Challenging service is often the first line of defense. If challenge is successful, court lacks jurisdiction, and everything is back to square one (while statute of limitations keeps ticking).
I've been waiting over 5 years with bated breath for someone to say that!
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Offline Dan

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Offline TimT

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Re: Interesting Articles...
« Reply #7623 on: August 17, 2017, 09:35:40 PM »

Offline henche

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Re: Interesting Articles...
« Reply #7624 on: August 17, 2017, 09:38:10 PM »

Offline TimT

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Re: Interesting Articles...
« Reply #7625 on: August 17, 2017, 09:40:48 PM »
I'm now interested in the story titled why we didn't until now
Bingo. Same goes with banks dropping these groups, politicians yelling to take down the statues & change the street names.

Big chochma to install the smoke detector after the fire.

Offline aygart

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Re: Interesting Articles...
« Reply #7626 on: August 17, 2017, 09:48:51 PM »
I'm now interested in the story titled why we didn't until now

Because they are useful idiots so they can use what they write against Rs. The Dems would be devastated if they were actually silenced.

Feelings don't care about your facts

Offline Yehuda57

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Re: Interesting Articles...
« Reply #7627 on: August 17, 2017, 11:40:06 PM »
I'm now interested in the story titled why we didn't until now
It is in the same story. Or did you not read past the headline?

Offline aygart

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Re: Interesting Articles...
« Reply #7628 on: August 17, 2017, 11:48:14 PM »
It is in the same story. Or did you not read past the headline?
Does that red line sound at all reasonable to you? Sounds more like an excuse than a reason.
Feelings don't care about your facts

Offline Yehuda57

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Re: Interesting Articles...
« Reply #7629 on: August 17, 2017, 11:54:40 PM »
Does that red line sound at all reasonable to you? Sounds more like an excuse than a reason.

There is no "red line" mentioned. If you read the internal memo the ceo sent out, (which has some crass language, so maybe that's why it wasn't posted here), he makes it abundantly clear that this decision was an emotional one, and a terrible one to make.

So why didn't they do it until now? Because they shouldn't have done it now either. Why did they do it now? Because they felt like it. Was that a bad decision? They say yes. I agree. 

Offline henche

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Re: Interesting Articles...
« Reply #7630 on: August 17, 2017, 11:56:25 PM »
It is in the same story. Or did you not read past the headline?

I didn't even click the link

Offline Yehuda57

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Re: Interesting Articles...
« Reply #7631 on: August 18, 2017, 12:00:20 AM »
I didn't even click the link

The internal memo is shorter and clearer.

Offline aygart

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Re: Interesting Articles...
« Reply #7632 on: August 18, 2017, 12:40:55 AM »
The internal memo is shorter and clearer.
"Let me be clear: this was an arbitrary decision. It was different than what I’d talked talked with our senior team about yesterday. I woke up this morning in a bad mood and decided to kick them off the Internet. I called our legal team and told them what we were going to do. I called our Trust & Safety team and had them stop the service. It was a decision I could make because I’m the CEO of a major Internet infrastructure company."

Not quite the same as the statement he made:
"Our terms of service reserve the right for us to terminate users of our network at our sole discretion. The tipping point for us making this decision was that the team behind Daily Stormer made the claim that we were secretly supporters of their ideology.

Our team has been thorough and have had thoughtful discussions for years about what the right policy was on censoring. Like a lot of people, we’ve felt angry at these hateful people for a long time but we have followed the law and remained content neutral as a network. We could not remain neutral after these claims of secret support by Cloudflare. "
Feelings don't care about your facts

Offline MisterHock

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Offline aygart

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Re: Interesting Articles...
« Reply #7634 on: August 18, 2017, 09:02:30 AM »
The Slippery Slopes of Iceland-WSJ
https://t.co/HoxdXFlbyK
Feelings don't care about your facts

Offline elit

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Re: Interesting Articles...
« Reply #7635 on: August 18, 2017, 09:13:17 AM »
The Slippery Slopes of Iceland-WSJ
https://t.co/HoxdXFlbyK
keep saying it but it's so horrifying. we are watching the disintegration of society in every which way. it's terrifying

Offline aygart

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Re: Interesting Articles...
« Reply #7636 on: August 18, 2017, 09:20:25 AM »
keep saying it but it's so horrifying. we are watching the disintegration of society in every which way. it's terrifying
What is especially sickening is the way they take footprints from the aborted baby. How can they both consider it to be a live baby and also kill it?
Feelings don't care about your facts

Offline TimT

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Re: Interesting Articles...
« Reply #7637 on: August 18, 2017, 09:22:13 AM »
What is especially sickening is the way they take footprints from the aborted baby. How can they both consider it to be a live baby and also kill it?
Just wait till they start doing taxidermy

Offline ExGingi

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I've been waiting over 5 years with bated breath for someone to say that!
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Offline Freddie

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Re: Interesting Articles...
« Reply #7639 on: August 21, 2017, 09:24:06 PM »