FILED: KINGS COUNTY CLERK 08/15/2019 09:12 AM INDEX NO.
518057/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________--____________________________ ------------X
Index No.:
BARUCH SANDHAUS, Date Purchased:
SUMMONS
Plaintiff(s), Plaintiff(s) Designate(s)
Kings
-against- as the place of trial
County
The basis of venue is:
YESHIVA AND MESIVTA TORAH TEMIMAH, Defendant's Place of Business
INC., a/k/a YESHIVA & MESIVTA TORAH
TEMIMAH, INC., f/k/a YESHIVA TORAH
VODAATH OF FLATBUSH, INC., JOEL KOLKO
a/k/a YEHUDA KOLKO, and YOEL FALK a/k/a
JOEL FALK,
Defendant(s), Plaintiff(s) reside(s) at:
--------- -------------------------------------------x Miami Florida 33140
Beach,
To the above named Defendant(s):
You are hereby summoned to answer the complaint in this action and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance,
on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day
of service (or within 30 days after the service is complete if this summons is not personally delivered
to you within the State of New York); and in case of your failure to appear or answer, judgment will
be taken against you by default for the relief demanded in the complaint.
Dated: Rockville Centre, New York
August 12, 2019
LAW OFFICES OF JOSEPH B. STRASSMAN
Defendant's address: Attorneys for Plaintiff(s)
Office and P.O. Address
YESHIVA AND MESIVTA TORAH 11 Clinton Avenue
TEMIMAH, INC. Rockville Centre, New York 11570
555 OCEAN PARKWAY Phone: (516) 766-7007
BROOKLYN, NEW YORK Fax: (516) 442-5765
JOEL KOLKO
2317 AVENUE K
BROOKLYN, NEW YORK
YOEL FALK a/k/a JOEL FALK
44th
1262 STREET, APT. 1A
BROOKLYN, NEW YORK
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BARUCH SANDHAUS,
Plaintiff,
-against- VERIFIED COMPLAINT
YESHIVA AND MESIVTA TORAH TEMIMAH,
INC., a/k/a YESHIVA & MESlVTA TORAH
TEMIMAH, INC., f/k/a YESHIVA TORAH VODAATH
OF FLATBUSH, INC., JOEL KOLKO a/k/a YEHUDA
KOLKO, and YOEL FALK a/k/a JOEL FALK,
Defendants.
___________________ ________________________------------------------X
The plaintiff, by his attorneys, the LAW OFFICES OF JOSEPH B. STRASSMAN,
complaining of the defendants, respectfully sets forth and alleges as follows:
1. The plaintiff is over the age of twenty-one and is a resident of Miami Beach, Florida.
2. That at all relevant times, the defendant YESHIVA AND MESIVTA TORAH
TEMIMAH, INC., (YESHIVA) is a not-for-profit religious corporation organized and
existing pursuant to the Religious Corporation Law of the State of New York, having
its principal place of business at 555 Ocean Parkway, Brooklyn, New York.
3. That prior to the defendant YESHIVA operating as YESHIVA AND MESIVTA
TORAH TEMIMAH, INC., the YESHIVA was known by and operated under the
Inc."
name "Yeshiva Torah Vodaath of Flatbush,
4. That at all times relevant, the YESHIVA employed the defendant known as
YEHUDA KOLKO a/k/a JOEL KOLKO (KOLKO) as a teacher, rabbi, and/or
counselor at its school, the Yeshiva.
5. That at all times relevant, the YESHIVA employed the defendant known as "Rabbi
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Falk"
Yoel a/k/a Joel Falk (FALK) as a teacher, rabbi, and/or counselor at its school,
the Yeshiva.
6. That at all relevant times herein, the leader of the YESHIVA was Rabbi Lipa
Margulies, a/k/a Leopold Margulies (Margulies)
7. That at all relevant times herein, defendant KOLKO worked under the supervision
of Margulies.
8. That at all relevant times herein, defendant FALK worked under the supervision of
Margulies.
9. That during the period between 1978 and 1980, the plaintiff was a student at the
YESHIVA.
10. That at al relevant times herein, the plaintiff came under the supervision and control
of defendant KOLKO.
11. That at al relevant times herein, the plaintiff came under the supervision and control
of defendant FALK.
12. That at various times and places on YESHIVA premises, while a student, defendant
KOLKO would inappropriately touch the penis and other parts of the plaintiffs body.
13. That at various times and places on YESHIVA premises, while a student, defendant
FALK would inappropriately touch the penis and other parts of the plaintiff's body.
14. That at all relevant times, the plaintiff, and his family, placed their trust in the
YESHIVA and its representatives. In particular, the plaintiff reposed trust and
confidence in the integrity of defendants KOLKO and FALK. With the authorization
and knowledge of the YESHIVA, defendants KOLKO and FALK asserted their
positions of trust and confidence and used it to gain influence with the plaintiff, as
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well as assume control over him.
15. Defendants KOLKO and FALK exploited their positions of power and trust together
with easy access to the then infant plaintiff in committing heinous acts of sexual
abuse on numerous occasions over a period of years.
16. That prior to and during the period of years that KOLKO and FALK abused the
plaintiff, the YESHIVA, and specifically Margulies, received multiple credible reports
of sexual abuse by defendants KOLKO and FALK by YESHIVA students, and
others. Instead of accepting responsibility or at a minimum conducting a good faith
investigation, Margulies as director and managing agent of the Yeshiva, and in
concert with defendants KOLKO and FALK and others, engaged in a campaign of
intimidation, concealment, denial, and misrepresentations to prevent victims from
filing civil lawsuits and/or obtaining facts necessary to bring civil claims.
AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE
17. The plaintiff repeats and re-alleges, as if fully set forth herein, each and every
allegation contained in the above Paragraphs 1 through 16.
18. At all material times, YESHIVA owed a duty to plaintiff to use reasonable care to
ensure the safety, care, well being and health of the plaintiff while he was under
their care, custody or in the presence of their agents or employees. YESHIVA's
duties encompassed the hiring, screening, appointment, retention and/or
supervision of defendants KOLKO and FALK and otherwise providing a safe
environment for the plaintiff.
19. At all material times, the YESHIVA knew or should have known that deferidants
KOLKO and FALK were sexually abusing young male students, including the
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plaintiff, under its supervision or control. YESHIVA knew or should have known of
defendants KOLKO's and FALK's dañgerous sexual predispositions and/or that they
were otherwise unfit, dangerous and a threat to the health, safety and welfare of the
minors entrusted to their counsel, care and protection in the course of their duties
at the YESHIVA.
20. The YESHIVA breached its duty of care and was negligent by failing to protect the
minor plaintiff from sexual assault and lewd and lascivious acts committed by its
agents and/or employees, defendants KOLKO and FALK. Despite their knowledge
regarding defendants KOLKO's and FALK's dangerous propensities and activities,
the YESHIVA failed to take any remedial action, conduct a good faith investigation,
and/or place restricticñs on defendants KOLKO's and FALK's duties and
interactions with minors, and/or timely terminate the employment of KOLKO and
FALK.
21. At all relevant times, the YESHIVA had grossly inadequate policies and procedures
to protect children they were entrusted to care for and protect, including plaintiff
BARUCH SANDHAUS, as well as other students.
22. As a direct and proximate result of the YESHIVA's negligence, plaintiff BARUCH
SANDHAUS was abused KOLKO and FALK between 1978-
repeatedly sexually by
1980 while he was a student at the YESHIVA.
23. The sexual abuse has caused plaintiff BARUCH SANDHAUS to suffer severe and
permanent psychological, emotional and physical injuries, loss of enjoyment of life,
as well as attendant economic losses. Plaintiff's injuries are persistent, permanent,
and debilitating in nature.
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24. Plaintiff's damages exceed the jurisdictional limits of all lower courts which would
otherwise have jurisdiction of this matter.
AS AND FOR A SECOND CAUSE OF ACTION-
BREACH OF FIDUCIARY DUTY
25. The plaintiff repeats and re-alleges, as if fully set forth herein, each and every
allegation contained in the above Paragraphs 1 through 23.
26. At all relevant times, defendants KOLKO and FALK occupied and accepted
positions as fiduciaries to the plaintiff BARUCH SANDHAUS as counselors and
advisors, in a relationship of trust and confidence.
27. The YESHIVA knew that defendants KOLKO and FALK had a fiduciary relationship
with plaintiff BARUCH SANDHAUS, and in fact authorized defendants KOLKO and
FALK to act as its agents in counseling and advising plaintiff BARUCH SANDHAUS.
Accordingly, YESHIVA was also in a fiduciary relationship with plaintiff.
28. The YESHIVA breached its fiduciary duties to plaintiff by allowing defendants
KOLKO and FALK to serve as plaintiff's rabbis, teachers, counselors, and advisors
despite knowledge of their dangerous sexual propensities.
29. That defendants VOLKO and FALK breached their fiduciary duties to the plaintiff.
30. As a direct and proximate result of the YESHIVA's failure to remove defendants
KOLKO and FALK from their duties and/or otherwise take remedial action upon
receiving allegations of sexual abuse by defendants KOLKO and FALK, plaintiff
BARUCH SANDHAUS was sexually abused.
31. The sexual abuse has caused plaintiff BARUCH SANDHAUS to suffer severe and
permanent psychological, emotional and physical injuries and loss of enjoyment of
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life, as well as attendant economic losses. Plaintiff's injuries are persistent,
permanent, and debilitating in nature.
32. Plaintiff's damages exceed the jurisdictional limits of all lower courts which would
otherwise have jurisdiction of this matter.
AS AND FOR A THIRD CAUSE OF ACTION-
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
33. The plaintiff repeats and re-alleges, as if fully set forth herein, each and every
allegation contained in the above Paragraphs 1 through 31.
34. Defendants KOLKO and FALK tortiously assaulted, molested, and otherwise
sexually abused plaintiff BARUCH SANDHAUS on multiple occasions during
plaintiff's childhood.
35. Defendants KOLKO and FALK committed the above acts in the course of their
employment with the YESHIVA, acting as agents and employees thereof.
36. That the above intentional acts have caused plaintiff BARUCH SANDHAUS to
suffer severe and permanent psychological, emotional and physical injuries and loss
of enjoyment of life, as well as attendant economic losses. Plaintiff's injuries are
persistent, permanent, and debilitating in nature.
WHEREFORE, plaintiff BARUCH SANDHAUS demands judgment on all of
the above causes of action against the defendants in an amount in excess of the
jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter, together with costs and disbursements of this action.
Dated: Rockville Centre, New York
August 12, 2019
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..
Yours, etc.,
LA JOSEPH B. STRASSMAN
By: Joseph B. Strassman, Esq.
Attorneys for Plaintiff
Office and P.O. Address
11 Clinton Avenue
Rockville Centre, New York 11570
(516) 766-7007
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STATE OF NEW YORK)
) ss.:
COUNTY OF NASSAU )
VERIFICATION
BARUCH SANDHAUS, being duly sworn deposes and says: I am the plaintiff in
the action herein; I have read the annexed COMPLAINT, know the contents thereof and
the same are true to my knowledge, except those matters therein which are to be alleged
on information and belief, and as to those matters, I believe them to be true.
BATUCH SANDHAUS
Sw rn to before me t is
of , 2019
JOSEPH B. STRASS AN
" Sta!e of New York
Notary Public,
No. 23T4774439
Qua!ifred in Nassau
Commission Expires JulyCounty
31, E0
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INDEX NO.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-
BARUCH SANDHAUS,
Plaintiff(s),
- against -
YESHIVA AND MESlVTA TORAH TEMIMAH, INC.,
a/k/a YESHIVA & MESIVTA TORAH TEMIMAH, INC.,
f/k/a YESHIVA TORAH VODAATH OF FLATBUSH, INC.,
JOEL KOLKO a/k/a YEHUDA KOLKO, and YOEL FOLK
a/k/a JOEL FALK,
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICES OF JOSEPH B. STRASSMAN
Attorneys for Plaintiff(s)
Office and Post Office Address
11 Clinton Avenue
Rockville Centre, New York 11570
Phone: (516) 766-7007
Fax: (516) 442-5765
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