SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVANMARK LEWIS SCHULMAN
STUART COMMUNICATIONS, INC., d/b/aPlaintiff-against-
AFFIDAVIT
Index 793-94
THE RIVER REPORTER, LAURIE STUART,
GLENN PONTIER, DAVID HULSE, PAM CHERGOTIS,
BERT FELDMAN, ANDREA HENLEY HEYN,
BARBARA YEAMAN, TOM RUE and TED WADELL
STATE OF NEW YORK )Defendants.
COUNTY OF SULLIVAN)ss:Thomas Rue, being duly sworn, deposes and says:
1. I am a named Defendant in the above entitled action and make this affidavit pursuant to an agreement reached between my attorney, Jeffrey P. Clemente, Esq., and Gary Waldman, Esq., attorney for the Plaintiff herein.
2. With regard to the article published on or about March 31, 1994 in the "Throw Out" section of the River Reporter entitled the "River Distorter":
A. I did not write or assist in the writing of the article entitled "Duiguid and Schulman open public service institute."3. This affidavit is given pursuant to the agreement reached between my attorney, Jeffrey P. Clemente, Esq., and Gary Waldman, Esq., as follows:B. I did not know of the article or its content prior to publication.
C. I had no control with regard to the decision to publish the article.
D. I had no input into the writing of the article.
As a result of my signing this affidavid, Gary Waldman will grant an indefinite extension of time to answer with the understanding that after discovery proceedings are concluded in connection with the other defendants' cases, he would either discontinue my case with prejudice, or afford me 30 days to answer from the time my attorney receives a notice that an answer is required.
Sworn to before me thisThomas S. Rue
13th day of May, 1994.
DORA BLUME
Notary Public, State of New York
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