On May 15, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Balestriere Pllc,
and
Ames Ray,
David B Anziska,
for Torts - Other (Malicious Prosecution)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023
EXHIBIT L
FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023
JOHN G. BALESTRIERE
BALESTRIERE FARIELLO
225 Broadway, 29th Floor
New York, New York 10007
T: +1-212-374-5401
F: +1-212-208-2613
john.balestriere@balestrierefariello.com
www.balestrierefariello.com
May 15, 2023
VIA EMAIL (david@anziskalaw.com)
David Anziska, Esq.
Law Offices of David Anziska
115 Montague Street, Suite 5A
Brooklyn, New York 11201
Re: Ray v. Balestriere Fariello, et al.
Case No. 1:18-cv-11211
Mr. Anziska:
As you know, I represent Balestriere Fariello (the “Firm”) and John G. Balestriere
(“Balestriere”) (collectively the “BF Parties”) in the above-referenced matter. I write to
advise you of our intent to seek sanctions against you and your client under Federal Rule
of Appellate Procedure (“FRAP”) 38 for the frivolous appeal that you noticed on March
2, 2023 (the “Appeal”), on behalf of your client Ames Ray (“Ray”). Ray v. Balestriere
Fariello, et al., Dkt. No. 23-274. If you do not withdraw the appeal immediately, the BF
Parties will move for fees and sanctions pursuant to FRAP 38.
As you know, the Appeal—as well as the underlying suit in which you were
unsuccessful at trial—is based on two demonstrably false assertions: (1) that the BF
Parties threatened to disclose confidential and privileged communications to Ray’s ex-
wife, and (2) that the BF Parties “abandoned” Ray on the eve of a sanctions hearing. As
demonstrated at trial, neither of these are true and, based on contemporaneous
documentary evidence, there is no good faith basis that you or Ray could have for
asserting that they are true.
Further, even if you or Ray could have any good faith basis for these assertions—
which you cannot—these claims were soundly rejected at trial by the jury, and you have
no non-frivolous grounds on which to challenge the jury’s findings.
Please let me know immediately if you will agree to withdraw your frivolous
appeal, or if you would like to discuss further.
FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023
Sincerely,
John G. Balestriere
cc: Matthew W. Schmidt, Esq. (via email: matthew.schmidt@balestrierefariello.com)
2
Document Filed Date
October 20, 2023
Case Filing Date
May 15, 2023
Category
Torts - Other (Malicious Prosecution)
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Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023 EXHIBIT L FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023 JOHN G. BALESTRIERE BALESTRIERE FARIELLO 225 Broadway, 29th Floor New York, New York 10007 T: +1-212-374-5401 F: +1-212-208-2613 john.balestriere@balestrierefariello.com www.balestrierefariello.com May 15, 2023 VIA EMAIL (david@anziskalaw.com) David Anziska, Esq. Law Offices of David Anziska 115 Montague Street, Suite 5A Brooklyn, New York 11201 Re: Ray v. Balestriere Fariello, et al. Case No. 1:18-cv-11211 Mr. Anziska: As you know, I represent Balestriere Fariello (the “Firm”) and John G. Balestriere (“Balestriere”) (collectively the “BF Parties”) in the above-referenced matter. I write to advise you of our intent to seek sanctions against you and your client under Federal Rule of Appellate Procedure (“FRAP”) 38 for the frivolous appeal that you noticed on March 2, 2023 (the “Appeal”), on behalf of your client Ames Ray (“Ray”). Ray v. Balestriere Fariello, et al., Dkt. No. 23-274. If you do not withdraw the appeal immediately, the BF Parties will move for fees and sanctions pursuant to FRAP 38. As you know, the Appeal—as well as the underlying suit in which you were unsuccessful at trial—is based on two demonstrably false assertions: (1) that the BF Parties threatened to disclose confidential and privileged communications to Ray’s ex- wife, and (2) that the BF Parties “abandoned” Ray on the eve of a sanctions hearing. As demonstrated at trial, neither of these are true and, based on contemporaneous documentary evidence, there is no good faith basis that you or Ray could have for asserting that they are true. Further, even if you or Ray could have any good faith basis for these assertions— which you cannot—these claims were soundly rejected at trial by the jury, and you have no non-frivolous grounds on which to challenge the jury’s findings. Please let me know immediately if you will agree to withdraw your frivolous appeal, or if you would like to discuss further. FILED: NEW YORK COUNTY CLERK 10/20/2023 12:20 PM INDEX NO. 154425/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/20/2023 Sincerely, John G. Balestriere cc: Matthew W. Schmidt, Esq. (via email: matthew.schmidt@balestrierefariello.com) 2