tag:blogger.com,1999:blog-28305689.post116520342303276323..comments2023-08-17T06:45:58.317-07:00Comments on "Yeshiva" of Brooklyn also Guilty of Child Abuse: Agudah Convention Sins, "Scoffing" at Gedolei Yisroel who murder our children is "PROHIBITED"exposemolestershttp://www.blogger.com/profile/02097300261898413798noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-28305689.post-1165466999768886682006-12-06T20:49:00.000-08:002006-12-06T20:49:00.000-08:00SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ...SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS<BR/><BR/>Index No. 37492/06<BR/><BR/>JOHN DOE No. 4,<BR/>by and through his natural parents and guardians, and by his MOTHER and FATHER individually,<BR/><BR/>Plaintiffs, v.<BR/><BR/>YESHIVA & MESIVTA TORAH<BR/>TEMIMAH, INC.<BR/><BR/>Defendant.<BR/><BR/><BR/>Plaintiffs, JOHN DOE NO. 4, by and through his natural parents and guardians, and by his MOTHER and FATHER individually, by and through their attorneys, Herman & Mermelstein, P.A. and Gallet, Dreyer and Berkey, LLP, hereby file this Complaint against Defendant YESHIVA & MESIVTA TORAH TEMIMAH, INC., and state as follows:<BR/><BR/>INTRODUCTION<BR/><BR/>1. JOHN DOE NO. 4 ("JOHN" or "JOHN DOE"), is a minor child residing in the State of New York.<BR/><BR/>2. Plaintiffs, JOHN DOE's MOTHER and JOHN DOE's FATHER, are individuals residing in the State of New York. They are the natural parents and guardians of JOHN, and bring this action on his behalf and in their individual capacities.<BR/><BR/>3. Plaintiffs demand damages in this action in excess of $10 million.<BR/><BR/>4. Plaintiffs bring this action anonymously to protect their identities because the allegations herein concern the sensitive matter of sexual abuse upon a minor.<BR/><BR/>5. At all material times, Defendant, YESHIVA & MESIVTA TORAH TEMIMAH, INC. ("TORAH TEMIMAH"), was a New York not-for-profit religious corporation <BR/>organized and existing pursuant to the Religious Corporation Law of the State of New York. At all material times, TORAH TEMIMAH was a Jewish day school with its principal place of business in Brooklyn, New York. At all material times, RABBI KOLKO's was an agent, employee, or appointee of TORAH TEMIMAH in his capacities as rabbi, teacher, and/or counselor at the school.<BR/><BR/>SEXUAL ABUSE BY RABBI KOLKO<BR/><BR/>6. JOHN DOE's parents enrolled JOHN as a student in TORAH TEMIMAH. RABBI KOLKO was a rabbi and teacher at TORAH TEMIMAH.<BR/><BR/>7. JOHN and his parents placed their trust in TORAH TEMIMAH. In particular, they reposed trust and confidence in the fidelity and integrity of RABBI KOLKO. With the authorization and knowledge of TORAH TEMIMAH, RABBI KOLKO accepted this trust and confidence and used it to gain influence with JOHN, as well as assume control and responsibility over him.<BR/><BR/>8. During the 2003-04 school year, JOHN was sexually abused by RABBI KOLKO. The abuse took place on TORAH TEMIMAH's premises. At that time, JOHN was in early elementary school at TORAH TEMIMAH.<BR/><BR/>9. RABBI KOLKO's position of trust and confidence, together with his unfettered access to JOHN at TORAH TEMIMAH, facilitated him in committing the heinous sexual abuse.<BR/><BR/>10. At all material times, TORAH TEMIMAH knew or should have known that RABBI KOLKO sexually abused young male students under his supervision or control. TORAH TEMIMAH knew or should have known of RABBI KOLKO's dangerous sexual predisposition and/or that he was unfit, dangerous and a threat to the health, safety and welfare of the minors entrusted to his counsel, care and protection at TORAH TEMIMAH.<BR/><BR/>11. Upon information and belief, TORAH TEMIMAH, through its leader, Rabbi Lipa Marguiles, knew for a period of over 25 years before JOHN was abused of multiple credible allegations of sexual abuse and pedophilia against Rabbi Kolko, yet continued to employ Rabbi Kolko as an elementary school teacher and give him unfettered access to young children. Rabbi Marguiles, in concert with Rabbi Kolko, additionally engaged in tactics of intimidation, threats, coercion and misrepresentations over a period of years with the intent of squelching any complaints or civil claims concerning Rabbi Kolko's misconduct. Such acts and omissions demonstrate extreme gross negligence, recklessness, and/or wanton, willful and malicious conduct, as to be the equivalent of a conscious disregard of the rights of others.<BR/><BR/>COUNT I - NEGLIGENCE<BR/><BR/>12. Plaintiff repeats and re-alleges, as if fully set forth herein, each and every allegation contained in the above Paragraphs 1 through 11.<BR/><BR/>13. At all material times, the Defendant TORAH TEMIMAH owed a duty to JOHN to use reasonable care to ensure his safety, care, well-being and health while he was under its care, custody or in the presence of their agents or employees. TORAH TEMIMAH's duties encompassed the hiring, appointment, retention and/or supervision of RABBI KOLKO and otherwise providing a safe environment for JOHN.<BR/><BR/>14. TORAH TEMIMAH exercised physical care and custody over JOHN as a minor child who was enrolled in the school. As a result, TORAH TEMIMAH took the position and responsibility of JOHN's parents for his care and well being while in its charge.<BR/><BR/>15. TORAH TEMIMAH breached this duty of care by failing to protect the minor JOHN from sexual assault and lewd and lascivious acts committed by their agent and/or employee, RABBI KOLKO. Despite its knowledge regarding RABBI KOLKO's dangerous propensities, TORAH TEMIMAH failed to take any remedial action, conduct a good faith investigation, and/or place restrictions on RABBI KOLKO's duties and interactions with minors.<BR/><BR/>16. At all relevant times, TORAH TEMIMAH had grossly inadequate policies and procedures to protect children entrusted to its care and protection, including JOHN.<BR/><BR/>17. As a direct and proximate cause of TORAH TEMIMAH's failure to remove RABBI KOLKO from his duties and/or otherwise take remedial action upon receiving allegations of sexual abuse against RABBI KOLKO, JOHN was sexually abused.<BR/><BR/>18. The sexual abuse has caused and will cause JOHN to suffer past, present and future severe and permanent psychological and emotional injuries, as well as attendant economic losses.<BR/><BR/>COUNT II - BREACH OF FIDUCIARY DUTY<BR/><BR/>19. Plaintiff JOHN DOE repeats and re-alleges, as if fully set forth herein, each and every allegation contained in the above Paragraphs 1 through 18.<BR/><BR/>20. At all relevant times, RABBI KOLKO occupied and accepted a position as fiduciary to JOHN as his counselor, advisor and teacher, in a relationship of trust and confidence.<BR/><BR/>21. TORAH TEMIMAH knew that RABBI KOLKO had a fiduciary relationship with JOHN, and in fact authorized RABBI KOLKO to act as its agent in counseling and advising JOHN. Accordingly, TORAH TEMIMAH was also in a fiduciary relationship with JOHN.<BR/><BR/>22. TORAH TEMIMAH breached its fiduciary duty to JOHN by allowing RABBI KOLKO to serve as JOHN's rabbi, teacher, counselor, and advisor, despite knowledge of his dangerous sexual propensities.<BR/><BR/>23. As a direct and proximate cause of TORAH TEMIMAH's failure to remove RABBI KOLKO from his duties and/or otherwise take remedial action upon receiving allegations of sexual abuse by RABBI KOLKO, JOHN was sexually abused.<BR/><BR/>24. The sexual abuse has caused and will cause JOHN to suffer past, present and future severe and permanent psychological and emotional injuries, as well as attendant economic losses.<BR/><BR/>COUNT III - LOSS OF CONSORTIUM<BR/><BR/>25. Plaintiffs, JOHN DOE's MOTHER and JOHN DOE's FATHER, repeat and reallege paragraphs 1 through 24 above.<BR/><BR/>26. JOHN DOE's MOTHER and JOHN DOE's FATHER have suffered and will suffer tangible, pecuniary losses resulting from TORAH TEMIMAH's negligence and breach of fiduciary duty, including without limitation, loss of services and expenses for medical and psychological care.<BR/><BR/>DEMAND FOR JURY TRIAL<BR/><BR/>Plaintiffs hereby demand a trial of their claims by jury.<BR/><BR/>DEMAND FOR RELIEF<BR/><BR/>WHEREFORE plaintiffs demand judgment against defendant as follows:<BR/><BR/>1. On the First Cause of Action, for money damages and punitive damages exceeding $10 million.<BR/><BR/>2. On the Second Cause of Action, for money damages and punitive damages exceeding $10 million.<BR/><BR/>3. On the Third Cause of Action, for damages in an amount to be specified at trial.<BR/><BR/>4. Court costs, prejudgment interest, and such further relief the Court deems just and proper.<BR/><BR/><BR/>Respectfully submitted,<BR/><BR/>HERMAN & MERMELSTEIN, P.A. Jeffrey M. Herman, Esq. Stuart S. Mermelstein, Esq. 18205 Biscayne Boulevard Suite 2218<BR/>Miami, Florida 33160<BR/>Telephone: (305) 931-2200 Facsimile: (305) 931-0877 www.hermanlaw.com<BR/><BR/>and<BR/><BR/>GALLET DREYER & BERKEY LLP 845 Third Avenue - 8th Floor<BR/>New York, New York 10022<BR/>Tel. (212) 935-3131 Fax (212) 935-4514<BR/>By:<BR/>David T. Azrin, Esq.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165461343759425562006-12-06T19:15:00.000-08:002006-12-06T19:15:00.000-08:00Anon,Most certainly neighborhoods need to be made ...Anon,<BR/><BR/>Most certainly neighborhoods need to be made aware of molesters living in their midst. You bring up a very good point. We have the sexual offenders registry, but Kolko and Nussbaum won't be there until they are convicted in a court of law. Therefore, we must seek alternative measures, much the same way UOJ sent hundreds of flyers by mail to the Brooklyn community in regards to the ever dangerous pedophile Yudi Kolko. People have a right to know if a predator is lurking and preying on children. It is a defense mechanism that must occur. <BR/><BR/>Yehuda Nussbaum is no longer employed by YOB, but my blood is boiling over the possibility that he may be molesting boys elsewhere. In that respect, it may leave us with no choice but to act swiftly and appropriately so that Nussbaum and others don't take up any new victims in new places. <BR/><BR/>There are many sexual predators who are freely and openly living in our neighborhoods and roaming the streets in search of their next molest victim, as well as in other countries such as Israel (Mondrowitz, Horowitz). <BR/><BR/>It boggles my mind how people can tolerate these pedophiles living in their communities. It's really a colossal problem that must be addressed now, and hopefully it will be.<BR/><BR/>Thanks for your comments.exposemolestershttps://www.blogger.com/profile/02097300261898413798noreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165459650412954402006-12-06T18:47:00.000-08:002006-12-06T18:47:00.000-08:00A couple days ago there were a few roshi yeshiva's...A couple days ago there were a few roshi yeshiva's from lakewood visiting in brooklyn. They went to shinermans yeshiva but to their own lakewood kollim yungerlite in brooklyn they didn't even bother showing up. Such hypocrytes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165423911770952042006-12-06T08:51:00.000-08:002006-12-06T08:51:00.000-08:00Thank you for responding.I have another question f...Thank you for responding.<BR/><BR/>I have another question for you - now that some of these mlesters are out of the Yeshiva envrionment, do you think that the neighborhood needs to know. After all, molesters can attack anywhere.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165369235098115272006-12-05T17:40:00.000-08:002006-12-05T17:40:00.000-08:00To Anons, Anonymous said... What do you mean wh...To Anons,<BR/><BR/> Anonymous said...<BR/><BR/> What do you mean when you say that Mandel's days are numbered?<BR/><BR/> Are you planning to sue?<BR/> December 04, 2006 <BR/>Anonymous said...<BR/><BR/> Are you going to sue Mandel?<BR/><BR/> You say he is going to be in trouble - what do you mean?<BR/><BR/>This is what I mean. ALL options are out on the table, including but not limited to lawsuits. Will there be some NOISE? Will there be lawsuits? Will Shlomo Mandel's time as "Rosh Yeshiva" come to an end? Will Shlomele be affected in a very negative and taxing way? What do I mean when I say Shlomo Mandel's days are numbered? I mean it figuratively speaking, but at the same time, Hashem may choose to literally remove this speck of filth from our environment. Hashem does not allow a fake rabbi to continually desecrate and twist his torah. Hashem will not sit idly by while his children are being raped, he will not sit quietly at his throne while Mandel and Margulis are covering up the crimes of the rabbi abusers and molesters. And at the very least, these low lives desreve Kares Bidei Shamayim, so I would venture to guess that hopefully it would come sooner rather than later.<BR/><BR/>Stay Tuned, i'm not at liberty to divulge anymore details for now.exposemolestershttps://www.blogger.com/profile/02097300261898413798noreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165274080426605732006-12-04T15:14:00.001-08:002006-12-04T15:14:00.001-08:00Are you going to sue Mandel?You say he is going to...Are you going to sue Mandel?<BR/><BR/>You say he is going to be in trouble - what do you mean?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-28305689.post-1165268113909192812006-12-04T13:35:00.000-08:002006-12-04T13:35:00.000-08:00What do you mean when you say that Mandel's days a...What do you mean when you say that Mandel's days are numbered?<BR/><BR/>Are you planning to sue?Anonymousnoreply@blogger.com