Motion-Secondary: Digital Gadgets, Llc v. Lieder Enterprises Inc., Yechezkel Lieder

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                                FILED:         NEW     YORK       COUNTY        CLERK        10/21/2019             10:18        AM                 INDEX    NO.   654290/2019
   NYSCEF     DOC.   NO.   73                                                                                 RECEIVED      NYSCEF:     10/21/2019




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK
                   -----------------------------------------------------------------X
                   DIGITAL GADGETS, LLC,
                                                                  Plaintiff,
                                     -v-                                                 Index No.: 654290/2019

                   LIEDER ENTERPRISES INC., and                                          AFFIDAVIT OF
                   YECHEZKEL LEIDER,                                                     CHARLES TEBELE IN
                                                                  Defendants.            FURTHER SUPPORT
                   -----------------------------------------------------------------X    OF MOTION FOR
                                                                                         EXPEDITED
                                                                                         DISCOVERY

                  State of New York              )
                                                 ) ss.
                  County of New York             )

                  CHARLES TEBELE, being duly sworn, deposes and says:
                           1.       I am an officer of Plaintiff Digital Gadgets, LLC (“DG” or “Plaintiff”). As such, I

                  have personal knowledge of the facts and circumstances set forth herein.

                           2.       I  submit   this  affidavit   in  further  support    of  Plaintiff’s  Motion     for  Expedited

                  Discovery    and   in reply  to  Defendants    Yechezkel     Leider   (“Leider”)    and  Leider   Enterprises   Inc.

                  (“LE” and together with Leider, “Defendants”) Opposition papers.

                           3.       To the extent that the Court requires additional specificity regarding Defendants’

                  conversations with Plaintiff’s customers, I was advised by both representatives of QVC, Inc. and

                  The Shopping Channel that they were informed by LE that Plaintiff and Plaintiff’s suppliers were

                  having financial problems.

                           4.       At no such time were Defendants’ statements true.

                           5.       Clearly    Defendants       had    communications        with    Plaintiff’s    customers      and

                  disseminated false information concerning Plaintiff.

                           6.       It is unknown who else Defendants have contacted.




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   FILED:         NEW     YORK       COUNTY        CLERK        10/21/2019             10:18        AM                 INDEX    NO.   654290/2019
   NYSCEF     DOC.   NO.   73                                                                                 RECEIVED      NYSCEF:     10/21/2019




                           7.       Notwithstanding,      the  false  information     being   disseminated     about   DG    has   and

                  continues to cause irreparable harm to DG’s goodwill and reputation in the marketplace.

                           8.       As   such,   expedited    discovery     is needed    to  determine     who    Defendants     have

                  communicated with and the details of said communications.




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   FILED:         NEW     YORK       COUNTY        CLERK        10/21/2019             10:18        AM                 INDEX    NO.   654290/2019
   NYSCEF     DOC.   NO.   73                                                                                 RECEIVED      NYSCEF:     10/21/2019




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