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Laidlaw & Company v. Broker Kevin Wilson March 2018
Laidlaw & Company v. Broker Kevin Wilson March 2018
651257/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2018
Plaintiffs,
Date Purchased:
-against-
COMPLAINT
KEVIN WILSON,
Defendant.
--------------------------------------------------------------------X
Plaintiffs Laidlaw & Company (UK) Ltd., Matthew Eitner, and James Ahern, as and for
PARTIES
1. Plaintiff Laidlaw & Company (UK) Ltd. ("Laidlaw") is a foreign corporation and
a registered broker-dealer with its United States headquarters located at 546 Fifth Avenue, New
Laidlaw.
5. Jurisdiction over Defendant in the Supreme Court of the State of New York and
venue in this County is proper because, among other things, Defendant agreed, pursuant to an
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"Agreement"
Agreement and General Release (the "Agreement"), that legal proceedings from or
any arising
relating to said agreement are to be brought and maintained in this Court. See Agreement at ¶13,
6. Jurisdiction is also proper in this court pursuant to N.Y. CPLR § 302(a) because
Defendant transacted business in this state and this action arises out of the transaction of such
business. Specifically, Defendant had transacted business with Laidlaw and entered into the
agreement that is the subject-matter of this dispute in the State of New York.
7. Venue is also proper in this Court pursuant to N.Y. CPLR § 503. Plaintiffs
designate New York County as the place of trial on the basis of the above and because Laidlaw's
9. At the time of his resignation, Defendant owed $85,891.58 to Laidlaw and its
10. On August 21, 2017, Laidlaw and Defendant entered into the Agreement wherein
Agreement, Laidlaw agreed that the aforementioned outstanding loan amount owed by
indirectly, in public or in private, depreciate, impugn, disparage or make any remarks that would
or could be construed to defame Laidlaw or Releases, nor shall [Defendant] assist any other
doing."
person, firm, entity or company in so See Agreement at $11.
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"Releases"
13. The Agreement defined as "Laidlaw, its parent corporation, affiliates,
subsidiaries, divisions, successors and assigns, and their current and former employees,
agents;"
attorneys, officers, directors, insurers, plan fiduciaries, and consequently, Messrs. Eitner
and Ahern, who were current officers at the time the Agreement was entered, were intended
14. On January 13, 2018, Defendant sent a text message to J.P Ayala that contained a
LIAR"
photo of the movie poster for the movie "LIAR with Mr. Ahern's face superimposed on
15. In a group text chat, Defendant also made numerous disparaging statements and
a. On January 16, 2018 at 7:01 p.m., he remarked that "the fat Armenian Ahern
up."
made 9mm last year he told Russo when he was all coked
b. On January 17, 2018 at 11:40 a.m., in response to a text stating "the Matthew
field" -
david Eitner football referencing a prior text discussing a new
basketball arena, Defendant remarked that "Football field there already. That
money."
was relmada and atnm stolen
at Don Bosco Prep, Defendant remarked, "did the priest blow matt [Eitner] as
kid."
a
16. Further, on March 6, 2018, Defendant sent a series of text message to Laidlaw
registered representative Daniel Kuhar. The first text message was a link to an article entitled,
"Pretenders and Ghosts: Stealth promotion network exploits financial sites to tout stocks |
Sharesleuth...sharesleuth.com". The following text message stated "Those guys shouldn't bend
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soap" -
over for the implying the individuals will be in prison soon. The third and final text
sorry."
message from Defendant stated, "Ooh shitt . Meant for someone else
17. In fact, Defendant's text message was part and parcel of his campaign to
disparage Plaintiffs as he had sent the same article link with similar remarks and/or commentary
a. On March 6, 2018 at 8:45 a.m., using a fabricated email address for "frank
lawyer at Gilbride, Tusa, Last & Spellane LLC, in which he stated, "Hope
Eitner and Ahern have fun in prison. What happens when Barry Honig and
Harvey Kesner Rat them out and Laidlaw goes down getting the trusts sued by
books, you guys have been duped for years while two uneducated hustlers
[Eitner/Ahern] bought hookers, drugs and beach houses. All the while these
two morons have donated more money to there (sic) high schools than they
pay Mary and Steven for these fake deals. You guys have been played for
years!!!" !!!"
years and then Defendant provided the same sharesleuth article link that
soap"
"shouldn't bend over for the in his text to Mr. Kuhar.
"drugs"
ii. The reference to the is similar to Defendant's statement that
up"
Mr. Ahern was "all coked and the reference to beach houses was
(sic)."
Eitner and Ahern's "vacation hoses
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iii. The reference to "these two morons have donated more to there
money
schools"
(sic) high is similar to Defendant's text messages about the
field"
"Matthew david Eitner football and "Football field there
money."
already. That was relmada and atnm stolen
b. On March 7, 2018 at 2:45 p.m., using the fabricated Frank Rizzo email
«d."
[email protected]~ in which he stated, id] is a scam and liable for
your losses. Get your money out before fbi seizes it. You have been played
for years by this group of pump and dump scam artists !! Google Barry Honig
back"
and get your hard earned money and then Defendant provided the same
representative.
Plaintiffs'
covenant of the Agreement with the purpose of impugning reputations in such a
including Laidlaw's customers, to damage Laidlaw's relationships with its customers and to
Plaintiffs'
harm business.
Plaintiffs'
21. As a result of Defendant's breach of the non-disparagement covenant,
relationships with their customers have been harmed and their reputations with others for whom
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22. Plaintiffs repeat and re-allege the allegations set forth above as if fully set forth
herein.
24. Defendant has breached the non-disparagement clause and will continue to do so
25. Because the full breadth of Defendant's conduct may never be determined and for
which monetary damages may be difficult to fully measure, there is no adequate remedy at law.
26. Plaintiffs, therefore, request that the Court enter a permanent injunction against
Defendant compelling his specific performance with the non-disparagement clause in the
Agreement.
27. Plaintiffs repeat and re-allege the allegations set forth in the above as if fully set
forth herein.
28. In consideration for the accords set forth in the Agreement, Laidlaw had forgiven
the $85,891.58 to Laidlaw and its principals as the result of outstanding loans provided to
may only be satisfied by future performance with no specific end date. See goldberg v. AIA N.
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Am. Inc., No. 653621/2016, 2017 N.Y. Misc. LEXIS 4528, at *23-24 (Sup. Ct., N.Y. Co. Nov. 9,
2017).
the non-disparagement clause - Laidlaw is entitled to assert its rights under the claims that are
the subject of the Agreement or assert its rights under the Agreement. See C3 Media & Mktg.
Group, LLC v. FirstGate Internet, Inc., 419 F.Supp.2d 419, 434 (S.D.N.Y. 2005) (applying New
York law).
31. In the alternative to its claim for breach of the Agreement, Laidlaw sues herein to
32. By reasons of the foregoing, Laidlaw demands judgment against Defendant in the
33. Plaintiffs repeat and re-allege the allegations set forth in the above as if fully set
forth herein.
34. Defendant has published, via text messages and emails, false and defamatory
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d. Laidlaw has "2 sets of books, you guys have been duped for years while two
uneducated hustlers [Eitner and Ahern] bought hookers, drugs and beach
houses"; and
e. "Laidlaw is a scam and liable for your losses. Get your money out before fbi
seizes it. You have been played for years by this group of pump and dump
!!"
scam artists
36. These false statements tend to injury Plaintiffs in their business, trade or
profession and/or charge them with a serious crime; consequently, they are defamation per se.
See Liberman v. Gelstein, 80 N.Y.2d 429, 435 (1992); see also Sharratt v. Hickey, 20 A.D.3d
Plaintiffs'
reputations in an amount to be determined at trial as well as punitive damages to
WHEREFORE, Plaintiffs Laidlaw & Company (UK) Ltd., Matthew Eitner, and James
(a) On the First Cause of Action, in favor of Plaintiffs and against Defendant in an
(b) On the Second Cause of Action, in favor of Plaintiffs and against Defendant for a
(c) On the Third Cause of Action, in favor of Plaintiff Laidlaw and against Defendant
(d) On the Fourth Cause of Action, in favor of Plaintiffs and against Defendant in an
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(e) For such other and further relief as the Court deems just, equitable and proper.
Respectfully submitted,
(212) 930-9700
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