Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
--------------------------------------------X
ELLEN TERCHILA, Index No.: 71687/2023
Plaintiff, AFFIRMATION IN OPPOSITION
TO DEFENDANT'S MOTION
-against- TO DISMISS AND IN SUPPORT
OF PLAINTIFF'S CROSS-MOTION
MICHELLE TERCHILA,
Defendant.
--------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
6*
ELLEN TERCHILA, affirms this day of March, 2024, under the penalties of perjury
under the laws of New York, which may include a fine or imprisonment, that the foregoing is
true, and I understand that this document may be filed in an action or proceeding in a court of
law.
1. I am the plaintiff in the above-captioned action and, as such, am fully familiar
with the facts and proceedings herein.
2. This affirmation is submitted in opposition to the defendant's motion to dismiss
and in support of my instant cross-motion.
3. I am informed that the defendant's motion to dismiss should be denied as the
causes of action set forth in my verified complaint are legally sufficient as a matter of law.
4. The defendant's moving papers are manifestly inaccurate and lack documentation
to support her self-serving claims.
1 of 6
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
5. The defendant falsely claims that an unidentified hacker who, without her
knowledge or consent, inexplicably gained access to her LinkedIn account, in order to publish
defamatory posts directed only at me, her former sister in law.
6. I commenced this action as a result of the defendant's malicious publication of the
defamatory posts (each using the same statements below) from her LinkedIn account on or about
November 20, 2023, which stated as follows:
"I SAW YOU POSTED A SHOUT OUT TO AN EMPLOYEE. ELLEN
TERCHILA IS A FRAUD. SHE HAS SLEPT WITH MANY MARRIED MEN.
SHE HAS BROKEN UP HAPPY HOMES, MANY WITHIN THE OFFICES
SHE WORKS WITHIN. PLEASE DO NOT SHOUT OUT TO A PERSON WHO
HAS SUCH LOWLY STANDARDS. THOUGHT YOU SHOULD KNOW.
EVEN THOUGH SHE IS MARRIED. I WONDER IF HER NOW HUSBAND
EVEN KNOWS. I CAN PUT YOU TOUCH WITH THE MEN SHE RU1NED
WITH."
THEIR FAMILIES (Exhibit "B")
7. The defendant does not deny that these LinkedIn posts were made from her
LinkedIn account.
8. The defendant's LinkedIn posts were false, the statements made in those posts
were known by the defendant to be false and they were published willfully and maliciously.
9. Due to the false nature of the posts and the defendant's keen knowledge and
awareness of the falsity of them, I verily believe that the posts were made by the defendant solely
to injure me.
10. I am aware that one of the defendant's defamatory LinkedIn posts has thousands
of views. In other words, the defendant's posts have been published to thousands of LinkedIn
2
2 of 6
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
users.
11. The defamatory LinkedIn posts were very similar to statements received
previously by my prior employer, Electric Ai. As set forth in my Verified Complaint:
On or about October 7, 2022, upon information and belief, in the County of
Westchester, State of New York, Defendant maliciously published the following
words in an online form on Electric Ai's website: "ELLEN TERCHILA SLEEPS
WITH EVERYONE IN THE OFFICE. SHE SHOULD NEVER HAVE BEEN
HIRED. WHILE SHE WORKED IN LONDON, UK AT WORKDAY-SHE HAD
AN AFFAIR WITH A MARRIED MAN WHICH CAUSED HER TO LOSE HER
JOB. SHE CANNOT BE TRUSTED AND SHOULD NOT BE TRUSTED IN A
CLIENTS."
JOB WITH (Exhibit "C")
On or about January 20, 2022, upon information and belief, in the County of
Westchester, State of New York, defendant, impersonating her ex-husband and my
brother Eric Terchila, maliciously published the following words in an online form
on Electric Ai's website: "MY SISTER IS A WHORE AND HAS SLEPT WITH
MANY MEN AT HER OFFICE. SHE BROKE UP A MARRIAGE AT HER
LAST JOB-WORKDAY. SHE HAS NO REGARD FOR OTHERS-ESPECIALLY
HER FAMILY. PLEASE DON'T TELL HER THAT THE FAMILY HAS
INTERVENED. SHE HAS SOME EXTREMELY SERIOUS PERSONALITY
DISORDER BEHAVIORS THAT WE ARE TRYING TO DEAL WITH IN OUR
FAMILY AND HER WORK- IN THEIR OFFICE. SHE IS NOT SAFE FOR HER
SAYS."
ENV1RONMENT NO MATTER WHAT SHE (Exhibit "D")
12. These statements of October 7, 2022 and January 20, 2022 were not included in
3
3 of 6
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
my Verified Complaint to support the defamation cause of action, but to demonstrate their very
similar content and language to the defendant's LinkedIn posts and show to the court the
defendant's pattern of harassment towards me.
13. Also, the defendant's opposition to my request for an injunction is telling; the
injunction is obviously necessary to prevent any further dissemination of the malicious
defamatory statements by the defendant.
14. The publication of the LinkedIn posts, and the defendant's repeated prior
malicious conduct, caused me severe emotional distress. The severe emotional distress I have
suffered was either intended by the defendant or she should have known would be caused by her
misconduct.
15. In her desperate attempt to obtain a favorable ruling on her instant motion to
dismiss, the defendant falsely speculates that my commencement of this action was an attempt to
assist Eric in connection with the divorce proceedings his ex-
my brother, Terchila, involving
wife, the defendant herein; they have been divorced since 2021. The defendant's fanciful claim
in this regard is patently and completely false. The sole reason I brought this action was due to
the defendant's defamatory and injurious LinkedIn posts.
16. Finally, I have read the accompanying memorandum of law and represent to this
court that to the extent I have personal knowledge of the facts contained therein, I herewith ratify
and affirm same. To the extent that I do not have such personal knowledge, I aver that such
statements are true upon information and belief.
17. For the reasons set forth herein, it is respectfully requested that the defendant's
motion to dismiss be denied, and that my cross-motion be granted so as to permit me an adequate
opportunity to conduct discovery, to the extent necessary, pursuant to CPLR Rule 3211(d).
4
4 of 6
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
5
5 of 6
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024
ATTORNEY CERTIFICATION
I, Donald S. Campbell, an attorney duly admitted to practice law before the courts of the State of
New York, hereby certifies that this affirmation complies with the word count limit set forth in
the Uniform Civil Rules for the Supreme Court and the County Court (22 NYCRR 202.8-b) as it
contains 1094 words, excluding the parts of the affinnation exempted by Section 202.8-b(b). In
preparing this certification, I have relied on the word count of the Word processing system used
to prepare this affirmation.
Dated: White Plains, New York
March 6, 2024
DONALD . CAMPBELL
6
6 of 6
Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------X ELLEN TERCHILA, Index No.: 71687/2023 Plaintiff, AFFIRMATION IN OPPOSITION TO DEFENDANT'S MOTION -against- TO DISMISS AND IN SUPPORT OF PLAINTIFF'S CROSS-MOTION MICHELLE TERCHILA, Defendant. --------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) 6* ELLEN TERCHILA, affirms this day of March, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. 1. I am the plaintiff in the above-captioned action and, as such, am fully familiar with the facts and proceedings herein. 2. This affirmation is submitted in opposition to the defendant's motion to dismiss and in support of my instant cross-motion. 3. I am informed that the defendant's motion to dismiss should be denied as the causes of action set forth in my verified complaint are legally sufficient as a matter of law. 4. The defendant's moving papers are manifestly inaccurate and lack documentation to support her self-serving claims. 1 of 6 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 5. The defendant falsely claims that an unidentified hacker who, without her knowledge or consent, inexplicably gained access to her LinkedIn account, in order to publish defamatory posts directed only at me, her former sister in law. 6. I commenced this action as a result of the defendant's malicious publication of the defamatory posts (each using the same statements below) from her LinkedIn account on or about November 20, 2023, which stated as follows: "I SAW YOU POSTED A SHOUT OUT TO AN EMPLOYEE. ELLEN TERCHILA IS A FRAUD. SHE HAS SLEPT WITH MANY MARRIED MEN. SHE HAS BROKEN UP HAPPY HOMES, MANY WITHIN THE OFFICES SHE WORKS WITHIN. PLEASE DO NOT SHOUT OUT TO A PERSON WHO HAS SUCH LOWLY STANDARDS. THOUGHT YOU SHOULD KNOW. EVEN THOUGH SHE IS MARRIED. I WONDER IF HER NOW HUSBAND EVEN KNOWS. I CAN PUT YOU TOUCH WITH THE MEN SHE RU1NED WITH." THEIR FAMILIES (Exhibit "B") 7. The defendant does not deny that these LinkedIn posts were made from her LinkedIn account. 8. The defendant's LinkedIn posts were false, the statements made in those posts were known by the defendant to be false and they were published willfully and maliciously. 9. Due to the false nature of the posts and the defendant's keen knowledge and awareness of the falsity of them, I verily believe that the posts were made by the defendant solely to injure me. 10. I am aware that one of the defendant's defamatory LinkedIn posts has thousands of views. In other words, the defendant's posts have been published to thousands of LinkedIn 2 2 of 6 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 users. 11. The defamatory LinkedIn posts were very similar to statements received previously by my prior employer, Electric Ai. As set forth in my Verified Complaint: On or about October 7, 2022, upon information and belief, in the County of Westchester, State of New York, Defendant maliciously published the following words in an online form on Electric Ai's website: "ELLEN TERCHILA SLEEPS WITH EVERYONE IN THE OFFICE. SHE SHOULD NEVER HAVE BEEN HIRED. WHILE SHE WORKED IN LONDON, UK AT WORKDAY-SHE HAD AN AFFAIR WITH A MARRIED MAN WHICH CAUSED HER TO LOSE HER JOB. SHE CANNOT BE TRUSTED AND SHOULD NOT BE TRUSTED IN A CLIENTS." JOB WITH (Exhibit "C") On or about January 20, 2022, upon information and belief, in the County of Westchester, State of New York, defendant, impersonating her ex-husband and my brother Eric Terchila, maliciously published the following words in an online form on Electric Ai's website: "MY SISTER IS A WHORE AND HAS SLEPT WITH MANY MEN AT HER OFFICE. SHE BROKE UP A MARRIAGE AT HER LAST JOB-WORKDAY. SHE HAS NO REGARD FOR OTHERS-ESPECIALLY HER FAMILY. PLEASE DON'T TELL HER THAT THE FAMILY HAS INTERVENED. SHE HAS SOME EXTREMELY SERIOUS PERSONALITY DISORDER BEHAVIORS THAT WE ARE TRYING TO DEAL WITH IN OUR FAMILY AND HER WORK- IN THEIR OFFICE. SHE IS NOT SAFE FOR HER SAYS." ENV1RONMENT NO MATTER WHAT SHE (Exhibit "D") 12. These statements of October 7, 2022 and January 20, 2022 were not included in 3 3 of 6 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 my Verified Complaint to support the defamation cause of action, but to demonstrate their very similar content and language to the defendant's LinkedIn posts and show to the court the defendant's pattern of harassment towards me. 13. Also, the defendant's opposition to my request for an injunction is telling; the injunction is obviously necessary to prevent any further dissemination of the malicious defamatory statements by the defendant. 14. The publication of the LinkedIn posts, and the defendant's repeated prior malicious conduct, caused me severe emotional distress. The severe emotional distress I have suffered was either intended by the defendant or she should have known would be caused by her misconduct. 15. In her desperate attempt to obtain a favorable ruling on her instant motion to dismiss, the defendant falsely speculates that my commencement of this action was an attempt to assist Eric in connection with the divorce proceedings his ex- my brother, Terchila, involving wife, the defendant herein; they have been divorced since 2021. The defendant's fanciful claim in this regard is patently and completely false. The sole reason I brought this action was due to the defendant's defamatory and injurious LinkedIn posts. 16. Finally, I have read the accompanying memorandum of law and represent to this court that to the extent I have personal knowledge of the facts contained therein, I herewith ratify and affirm same. To the extent that I do not have such personal knowledge, I aver that such statements are true upon information and belief. 17. For the reasons set forth herein, it is respectfully requested that the defendant's motion to dismiss be denied, and that my cross-motion be granted so as to permit me an adequate opportunity to conduct discovery, to the extent necessary, pursuant to CPLR Rule 3211(d). 4 4 of 6 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 5 5 of 6 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:43 PM INDEX NO. 71687/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2024 ATTORNEY CERTIFICATION I, Donald S. Campbell, an attorney duly admitted to practice law before the courts of the State of New York, hereby certifies that this affirmation complies with the word count limit set forth in the Uniform Civil Rules for the Supreme Court and the County Court (22 NYCRR 202.8-b) as it contains 1094 words, excluding the parts of the affinnation exempted by Section 202.8-b(b). In preparing this certification, I have relied on the word count of the Word processing system used to prepare this affirmation. Dated: White Plains, New York March 6, 2024 DONALD . CAMPBELL 6 6 of 6