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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: anniebonny who wrote (10689)	1/14/2010 6:45:06 PM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 12465

Re: 11/30/09 - [SPNG] Affidavit in Support of the Application of Steven Y. Moskowitz for an Order Pursuant to CPLR 3102(c) Supreme Court of the State of New York County of New York In the Matter of the Application of Steven Y. Moskowitz, for an Order pursuant to CPLR 3102(c) for Disclosure of Certain Information in the Possession of Yahoo!, Inc. Affidavit in Support of the Application of Steven Y. Moskowitz for an Order Pursuant to CPLR 3102(c) Filed Nov 30 2009 STEVEN Y. MOSKOWITZ, being duly sworn deposes and says: 1. I am the applicant in the above captioned matter, and as such am fully familiar with the facts and circumstances of this matter as set forth herein. 2. I respectfully submit this affidavit in support of the motion for an order, under CPLR 3102(c), directing Yahoo!, Inc. (“Yahoo!”) to furnish to my attorney, Brown Rudnick LLP (“Brown Rudnick”), the information requested herein. 3. I am the Secretary, Treasurer, Chief Operating Officer, Chief Financial Officer, and the Chief Accounting Officer of SpongeTech Delivery Systems, Inc. (“SpongeTech”). 4. On or about September 24 and September 25, 2009 I received emails alerting me to the fact that someone was sending out false and defamatory emails regarding SpongeTech in my name under the Yahoo! email address “symoskowitz@yahoo.com” (the "Account"). True and accurate copies of these emails are attached as Exhibits A and B to the Affirmation of Martin S. Siegel, dated November 23,2009 (“Siegel Affirmation”). 5. The account name “symoskowitz@yahoo.com” reflects my first initial, middle initial, and last name. 6. In fact, I have applied for, maintain, and frequently use the same name “symoskowitz” in connection with my MSN email address “symoskowitz@msn.com” (the “MSN Account”). 7. I did not create the Account and have never created nor maintained a Yahoo! email account. Further, the Account is being used without my authorization and consent. 8. I am interested in commencing suit for fraud, identity theft and defamation against the individual or individuals who maintain the Account (“Unidentified Account Holder”). However, in order to commence suit against the Unidentified Account Holder, information is required that would disclose the identity of the Unidentified Account Holder or would lead to an identity of the Unidentified Account Holder. 9. My counsel, Brown Rudnick, has made a good faith effort to contact Yahoo! to obtain the information sought in this Application, however was advised by Yahoo! that Yahoo! requires a subpoena or court order to disclose user information, or any information relating thereto. 10. Therefore, although Brown Rudnick has attempted to obtain the information sought herein from Yahoo!, I have no information leading to the identification of the Unidentified Account Holder, or any information relating thereto. 11. Yahoo! is not entitled to withhold the records for the purpose of concealing the identity of the Unidentified Account Holder. 12. I have a good faith and meritorious cause of action. 13. No previous application for the relief herein sought has been made. Steven Y. Moskowitz viewer.zoho.com Moskowitz on left; Darryl Strawberry, former NY Met, on right