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One year ago tomorrow, I was sued for defamation and interference with contract by a laundromat located in my former apartment building. For a while, my fiancee and I were customers of Todd Layne Cleaners until we tired of its rude and incompetent service. Eventually, I came to the informed conclusion that Todd Layne Cleaners “sucks” and is “overpriced.”

For expressing these two opinions to the neighbors in my building, a creature named Todd Ofsink, the “Todd” in Todd Layne Cleaners, sued me. (You see, Todd is fortunate enough to have a brother, Darren, who owns a big Madison Avenue law firm called Guzov Ofsink. Darren Ofsink’s firm is representing brother Todd.)

In response to the lawsuit, I created a website called ToddLayneCleanersSucks.com where I documented the case and the incidents that led up to it. This caused Ofsink to increase the damages in his lawsuit; instead of suing me for $20,000, it became $300,000.

I generally don’t write about my personal life on this site, but I wrote about this case last October after the New York Post got wind of it. And now that the case is approaching its one year mark, I thought it was time for an update.

The case is still ongoing, oozing through the courts with all the speed of cold molasses.

Initially, the court threw out Ofsink’s defamation claim, upholding my constitutional right to express my opinion about his business. The court should have thrown out the interference with contract claim too; that claim was just a smokescreen for the dismissed defamation claim.

Why is the case still alive? Because courts are reluctant to dismiss a case before the plaintiff has had an opportunity to gather evidence. The evidence-gathering phase is called “discovery,” wherein each side is allowed to demand evidence from the other. After the discovery phase is complete, I will have an opportunity to move the court for summary judgment. If I am successful, the case won’t proceed to trial, but instead, will be dismissed.

In my discovery demands, I asked for several things, including financial records to support Ofsink’s claim that my criticism of his business caused him to lose hundreds of thousands of dollars. I also asked for the store’s security camera tapes, because Ofsink swore under oath that I attempted to disrupt his business by “simulating masturbation” within his store. Later, Ofsink tacitly admitted his statement was false by recasting his earlier characterization as merely a “euphamism.”

Ofsink misled the court by making false sworn statements under oath, which is why he refuses to turn over the store’s security camera tapes or anything else. He knows that if caught lying to the court, he could be subject to monetary sanctions, or even criminal prosecution for perjury.

The deadline to produce discovery was in mid-February. Not surprisingly, nearly half-a-year later, Ofsink still hasn’t produced any of the required documentation. (Meanwhile, I’ve responded to his discovery demands in good faith, turning over 116 pages of documents he requested.)

Ofsink’s excuses for violating his discovery obligations are comedic. The following gives you a sense of his petty antics. (My requests are at the top of each scan, followed by his response.)

As you can see from these responses, Ofsink isn’t even willing to turn over evidence documenting his own claims. His strategy is to drag this case out as long as possible, hoping that I will eventually buckle and sign a non-disparagement agreement. That’s what he demands in exchange for dropping the case.

In other words, Ofsink will only stop using his brother’s law firm to harass me for engaging in free speech if—and only if—I agree to sign away my right to criticize his business.

It ain’t gonna happen.

In the meantime, I’ve filed a motion asking the court to compel Ofsink to comply with discovery, and I’m awaiting the court’s decision. That’s where things stand now.

The wheels of justice grind slowly, and the cost of exercising one’s most basic rights can sometimes be quite high. But if people don’t stand up to the Ofsinks of the world, we won’t even have the right to criticize lousy service from our local cleaners.

For an overview of the case, visit ToddLayneCleanersSucks.com.


By Evan Coyne Maloney


August 2008
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