Kovalesky v Tabar Answer

John G. Balestriere Jillian L. McNeil BALESTRIERE, FARIELLO & ABRAMS LLP 225 Broadway, 29th Floor New York, NY 10007 Telephone: (212) 374-5401 Facsimile: (212) 208-2613 [email protected] [email protected] Attorneys for Defendant-Counterclaim Plaintiff

SUPREME COURT OF THE STATE OF NEW YORK, NEW YORK COUNTY

ANGELA KOVALESKY, Plaintiff, -against- SAMIR TABAR, Defendant.

Index No. 151034/2014

VERIFIED ANSWER AND COUNTERCLAIMS

SAMIR TABAR,

Counter-Plaintiff,

-against- ANGELA KOVALESKY,

Counter-Defendant.

Defendant Samir Tabar (“Tabar”), by and through his attorneys, Balestriere,

Fariello & Abrams LLP, upon information and belief, denies each and every allegation

FILED: NEW YORK COUNTY CLERK 03/24/2014 INDEX NO. 151034/2014

NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/24/2014

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of the Plaintiff’s (“Plaintiff” or “Kovalesky”) Verified Complaint (the “Verified

Complaint”), except as follows:

1. Tabar denies the allegations asserted in paragraph 1 of the Verified

Complaint.


Complaint.

3. Tabar admits that he texted one member of Plaintiff’s family regarding

Plaintiff’s drug use. Tabar denies the remaining allegations asserted in paragraph 3 of

the Verified Complaint.


Complaint.


Complaint.

6. Upon information and belief, Tabar denies the allegations asserted in

paragraph 6 of the Verified Complaint.


Complaint.


Complaint.

9. Paragraph 9 states a legal conclusion to which no response is required.

10. Paragraph 10 states a legal conclusion to which no response is required.

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11. Tabar denies knowledge or information sufficient to form a belief as to the

truth of the allegations asserted in paragraph 11 of the Verified Complaint.

12. Tabar admits the allegations asserted in paragraph 12 of the Verified

Complaint.


Complaint.


Complaint.


Complaint.


Complaint.


Complaint.


Complaint.


Complaint.




Complaint.

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22. Tabar denies the allegations contained in the first sentence of paragraph

22 of the Verified Complaint. Tabar denies knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 22 of the Verified

Complaint.











28. Tabar denies that he “abuse[d]” Plaintiff and denies knowledge or

information sufficient to form a belief as to the truth of the remaining allegations

asserted in paragraph 28 of the Verified Complaint.



30. Tabar admits that he texted Plaintiff’s sister regarding Plaintiff’s drug use.

Tabar denies the remaining allegations contained in paragraph 30 of the Verified

Complaint.

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31. Denied as the alleged text message referenced in paragraph 30 of the

Verified Complaint, to the extent it exists, speaks for itself.

32. Admitted that on February 26, 2013, Tabar sent an email to

“[email protected].”

33. Tabar denies the allegations contained in paragraph 33 of the Verified

Complaint.



35. Tabar denies that he “made good” on any threat. Tabar denies knowledge

or information sufficient to form a belief as to the truth of the remaining allegations












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Complaint.

43. Paragraph 43 is an improper attempt to use settlement communications as

evidence in violation of CPLR §4547 and should be stricken from the Complaint and

ignored by the Court.

44. Paragraph 44 is an improper attempt to use settlement communications as

evidence in violation of CPLR §4547 and should be stricken from the Complaint and

ignored by the Court.

45. Tabar admits that he had a conversation with Plaintiff over the phone on

May 30, 2013. Tabar denies knowledge or information sufficient to form a belief as to

the truth of the remaining allegations asserted in paragraph 45 of the Verified

Complaint.



47. Tabar admits that after goading him into communications on several

occasions, as Plaintiff admits in the Verified Complaint (see Verified Complaint at ¶ 37),

that Kovalesky filed a police report for those communications.

48. Tabar denies any suggestion that he led Kovalesky to believe that he “may

come to her residence” and further denies any knowledge or information sufficient to

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form a belief as to the truth of the remaining allegations asserted in paragraph 48 of the

Verified Complaint.

49. Tabar admits the allegations asserted in paragraph 45 of the Verified

Complaint.

50. Tabar admits that, based on false allegations, Kovalesky filed a Family

Offense Petition against him and obtained a Temporary Order of Protection on June 25,

2013 through the Kings County Family Court. Tabar denies the remaining allegations



Complaint.


Complaint.

53. Tabar admits that his attorney sent letters to Plaintiff’s counsel regarding

public events. Tabar denies the remaining allegations asserted in paragraph 53 of the

Verified Complaint.

54. Tabar denies that he engaged in any “campaign.” Tabar denies

knowledge or information sufficient to form a belief as to the truth of the remaining

allegations asserted in paragraph 41 of the Verified Complaint.

ANSWER TO FIRST CAUSE OF ACTION

55. Tabar incorporates by reference each of the responses asserted in

paragraphs 1-54, as if set forth again in full.

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Complaint.


Complaint.


Complaint.


Complaint.


Complaint.

ANSWER TO THE SECOND CAUSE OF ACTION




Complaint.

63. Tabar denies that the petition he filed was “false” and further denies

knowledge or information sufficient to form a belief as to the truth of the allegations



Complaint.

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ANSWER TO THE THIRD CAUSE OF ACTION




Complaint.


Complaint.

ANSWER TO THE FOURTH CAUSE OF ACTION




Complaint.


Complaint.

71. Tabar admits that he contacted a member of Plaintiff’s family. Tabar

denies the remaining allegations asserted in paragraph 71.



73. Tabar admits that based on false allegations Kovalesky filed a Family

Offense Petition against him in Kings County Family Court.


Complaint to the extent they suggest he caused Kovalesky physical harm; further Tabar

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denies knowledge or information sufficient to form a belief as to the truth of the

remaining allegations.


Complaint.


Complaint.


Complaint.


Complaint.


Complaint.

ANSWER TO THE FIFTH CAUSE OF ACTION


paragraphs, 1-79, as if set forth again in full.

80. Tabar denies the allegations asserted in misnumbered paragraph 80 of the

Verified Complaint.


Complaint.


Complaint.

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Complaint.


Complaint.

ANSWER TO THE SIXTH CAUSE OF ACTION




Complaint.


Complaint.

ANSWER TO THE SEVENTH CAUSE OF ACTION




Complaint.


Complaint.


Complaint.


Complaint.

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ANSWER TO PRAYER FOR RELIEF

Tabar denies the allegations contained in the Prayer for Relief and denies that

Plaintiff is entitled to any of the relief requested.

FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim)

93. Plaintiff fails to state facts sufficient to constitute a claim upon which relief

against Defendant can be granted.

SECOND AFFIRMATIVE DEFENSE (Failure to Properly Commence and Maintain a Lawsuit)

94. Plaintiff has not taken the steps necessary to commence and to maintain a

lawsuit in New York State, including without limitation, properly serving Defendant.

THIRD AFFIRMATIVE DEFENSE

(Conduct Precluding Assertions of Alleged Causes of Action)

95. By and through Plaintiff’s conduct, Plaintiff is estopped from asserting the

alleged causes of action against the Defendant.

FOURTH AFFIRMATIVE DEFENSE (Unclean Hands)

96. Each and every purported claim for relief asserted against Defendant is

barred by the doctrine of unclean hands.

FIFTH AFFIRMATIVE DEFENSE (Plaintiff Has Not Suffered Damages)

97. Plaintiff’s injuries and damages, if any, are speculative and cannot be

shown to exist in fact.

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SIXTH AFFIRMATIVE DEFENSE (Culpable Conduct)

98. The damages sustained by Plaintiff, if any, were caused in whole or in

part by the culpable conduct of Plaintiff, and the amount of damages recoverable, if

any, should be diminished by the proportion of which the culpable conduct attributable

to Plaintiff bears to the culpable conduct that caused the damages complained of, if any.

SEVENTH AFFIRMATIVE DEFENSE (Doctrines of Settlement, Satisfaction, Agreement, Release, and/or Set Off)

99. The claims set forth in the Complaint are barred, in whole or in part, by

the doctrines of settlement, satisfaction, agreement, release, and/or set off.

EIGHTH AFFIRMATIVE DEFENSE (Doctrines of Impossibility, Impracticability, and Frustration of Purpose)

100. Plaintiff’s claims are barred, in whole or in part, by the doctrines of

impossibility, impracticability, and frustration of purpose.

NINTH AFFIRMATIVE DEFENSE (Statute of Limitations)

101. Plaintiff’s claims are barred under the applicable statute of limitations.

TENTH AFFIRMATIVE DEFENSE (Laches)

102. Plaintiff’s claims are barred by the doctrine of laches.

ELEVENTH AFFIRMATIVE DEFENSE (Truth of the Statements)

103. Anything said or written about Kovalesky by Defendant was true and

does not constitute defamation.

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TWELFTH AFFIRMATIVE DEFENSE (Self-Defense)

104. Plaintiff’s claims are barred by the doctrine of self-defense.

THIRTEENTH AFFIRMATIVE DEFENSE (Contract)

105. Plaintiff was an at-will employee and thus had no contractual relationship

with her employer.

RESERVATION OF DEFENSES

106. Defendant presently has insufficient knowledge or information on which

to form a belief as to whether he may have additional as yet unstated defenses

available. Defendant reserves the right to assert additional defenses in the event

discovery indicates that they would be appropriate.

DEFENDANT’S COUNTERCLAIMS

Counterclaim-Plaintiff, Sam Tabar (“Tabar”), by and through his undersigned

attorneys, brings these Counterclaims against Counterclaim-Defendant Angela

Kovalesky (“Kovalesky”) and alleges as follows:

1. This action arises from the campaign of tortious and illegal conduct that

Kovalesky engaged in against Tabar and his fiancée Scarlett Hauck aka Scarlett Etienne

(“Etienne”) after Tabar made it clear he was no longer interested in a romantic

relationship with Kovalesky.

2. While Tabar was very ready to move on past a difficult relationship,

Kovalesky unfortunately would not let him. She filed multiple baseless criminal

complaints against him, abused a criminal court order of protection, assaulted Tabar in

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front of others, harassed both Tabar and Etienne, and then filed the pleading here (the

“Tortious Interference Complaint”) with the intent, and result of causing severe damage

to Tabar’s reputation and, in turn, his employment prospects in the fields of finance and

law.

3. Kovalesky harassed and stalked Tabar over a period of months sending

hundreds of emails and text messages, and initiating dozens of phone calls. Kovalesky

repeatedly threatened Tabar, warning that Tabar should watch himself and that he had

no idea who he was dealing with.

4. Kovalesky even attempted to extort Tabar, telling him in May 2013, that,

unless he paid her the sum of $1 million and broke up with his fiancée, Etienne,

Kovalesky would “disrupt” and “destroy” Tabar’s life. When Tabar refused to accept

her demands, Kovalesky followed through on her threats.

5. Not only has all of this caused Tabar significant stress and out of pocket

costs, but Kovalesky’s defamatory Tortious Interference Complaint cost Tabar his law

firm job and, despite his best efforts, has made it enormously difficult for Tabar to

obtain employment in the legal and financial industries for which he has trained and

where he has successfully worked for two decades.

6. Tabar has no choice but to assert the claims here, just as Etienne files her

own lawsuit against Kovalesky, to obtain some remedy for the significant damages

Kovalesky has caused him.

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STATEMENT OF FACTS

Background

7. Sam Tabar was born in Montreal, Canada, and, after graduating from

Oxford University and Columbia Law School, has lived and worked professionally in

Tokyo, Hong Kong, and New York. Tabar has over fourteen years of experience in the

investment management industry, working first in finance at PMA Investment

Advisors and Bank of America Merrill Lynch, and, also, as an associate at Skadden,

Arps, Meagher, Slate & Flom LLP, and at Schulte Roth & Zabel LLP. Prior to Kovalesky

filing the Tortious Interference Complaint, Tabar was successful in his career and had

acquired a good reputation in the investment management field.

8. Tabar and Kovalesky met in 2010 and began dating shortly thereafter.

9. During their relationship, Tabar, who was at the time a resident of Hong

Kong, would travel frequently to New York City for work and for job interviews, and

would occasionally see Kovalesky when in town.

10. This continued over the course of two years, but, in December 2012, Tabar

informed Kovalesky that he did not wish to have a long-term relationship with her or

date her exclusively. This was in part because Kovalesky had already engaged in a

pattern of emailing and calling Tabar ceaselessly, whether or not Tabar responded, and

had shown Tabar her ability to move back and forth from extreme anger to affection in

a matter of minutes.

11. It was after their relationship ended, for a period of just over a year, that

Kovalesky engaged in her misconduct as detailed here.

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Kovalesky, Upset About the End of the Relationship, Repeatedly Confronts Tabar and Destroys or Converts His Property

12. In the months immediately before December 2012, Tabar and Kovalesky’s

relationship began to deteriorate, resulting in a handful of verbal arguments between

the two.

13. On one of these occasions, in November 2012, Kovalesky became so angry

at Tabar that she seized Tabar’s cellphone and purposefully threw it to the ground.

14. Kovalesky’s violent outburst destroyed Tabar’s cellphone, and caused

Tabar to purchase a replacement cellphone for approximately $500.

15. Shortly thereafter, after Tabar ended the relationship in December 2012,

Kovalesky showed up at Tabar’s hotel room in New York City uninvited, forced herself

into Tabar’s room, and physically attacked Tabar, punching him with a closed fist and

leaving him with a bloody nose and red marks across his face. This took place in front

of Tabar’s longtime friend, Celeste Greenberg (“Greenberg”). See Affidavit of Celeste

Greenberg, attached hereto as Exhibit A.

16. On the same occasion, Kovalesky turned her anger on Greenberg, who

was simply in the sitting area of Tabar’s hotel room working on Tabar’s laptop. When

Greenberg grew uncomfortable and got up to leave, Kovalesky hurled insults at her,

calling her, amongst other things, a “Jew turd.” Id. Tabar was extremely upset by the

incident and feared that Kovalesky would hurt Greenberg, or would continue to hurt

Tabar.

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17. Because she refused to leave the hotel room, Tabar left Kovalesky in the

room and escorted Greenberg out of the hotel. When Greenberg left, she could still see

the red marks on Tabar’s face from Kovalesky’s punches. Id.

18. When Tabar returned to the room, Kovalesky, still angry, threw Tabar’s

laptop on the ground and eventually left the hotel. As a result, Tabar’s laptop was

destroyed and rendered unusable, causing Tabar to later replace the laptop himself at a

cost of approximately $1,500.

19. The next day, Tabar left the hotel and noticed Kovalesky in the lobby

waiting for him. Tabar was unaware of any legitimate reason for Kovalesky to be at the

hotel. When Tabar made eye contact with Kovalesky, she rushed towards him and

struck him in the face with a closed fist, causing a laceration to his lip.

20. As a result of these incidents, hotel staff switched Tabar’s room and

changed the name of his registration at the hotel front desk. The hotel also was

prepared to contact security and notify Tabar in the future if Kovalesky appeared in the

hotel at any time.

21. Also in December 2012, Tabar purchased a leather jacket for $1,495,

intending to give it to a friend as a gift. Although the jacket was not intended for

Kovalesky and Tabar never gave the jacket to her, Kovalesky took the jacket from

Tabar’s hotel room, and began wearing it without Tabar’s permission.

22. When Tabar demanded that Kovalesky return the jacket, she refused,

depriving Tabar of the ability to use his property as he had intended.

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23. Later, in January 2013, Kovalesky again appeared without warning at

Tabar’s hotel room in New York City pleading with Tabar to continue their relationship

and requesting that Tabar engage in sexual relations with her. When Tabar refused,

Kovalesky became enraged and began throwing and knocking over items she found in

the hotel room, including a chair, books, and a tray.

24. At this time, Kovalesky seized Tabar’s new cellphone (which was the

replacement for the first cellphone Kovalesky destroyed), and threw the new cellphone

to the ground. Kovalesky’s violent outburst again destroyed Tabar’s cellphone, and

caused Tabar to purchase a second replacement cellphone for approximately $500.

25. Because Kovalesky had become so enraged and violent on this occasion,

Tabar called the police who forcibly removed Kovalesky from the hotel room.

Kovalesky Becomes So Angry and Jealous That She Filed a Baseless Domestic Violence Complaint Against Tabar, Which Was Later Dismissed in its Entirety

26. Upon learning in February 2013 that Tabar was dating Etienne, who is

now Tabar’s fiancée, Kovalesky became jealous and enraged.

27. On February 15, 2013, Kovalesky contacted Jessica Choay, a good friend of

Tabar’s about whom Kovalesky later made defamatory statements. Kovalesky used a

false Facebook account, under the name of Kat Johansson, to contact Jessica. See

February 15, 2013 Facebook Message, attached hereto as Exhibit B. In the message,

Kovalesky asks, “Are you sleeping with Sam Tabar? Because I am too . . . . And yes it’s

true… he might tell you otherwise, but I’m with him in Brooklyn now. We had a lovely

Valentine’s Day. You can keep him. I don’t want him. Have fun!” Id.

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28. Tabar knew that this was, in fact, Kovalesky because, amongst other

reasons, “Kat Johansson” relayed information to Tabar’s friend that only Kovalesky

had, including the room number he was staying in at his hotel. Id. This was only the

first in a series of messages Kovalesky sent to Tabar’s friends and family using a false

name.

29. The following night, Kovalesky again showed up at Tabar’s hotel room in

New York City and began to argue with Tabar. As Kovalesky became more irrational

and angered, Tabar called the police. Kovalesky left the hotel room and spoke with the

police downstairs.

30. Tabar filed a complaint with the police. See February 16, 2013 New York

State Domestic Incident Report, attached hereto as Exhibit C. The police determined

that Tabar “had a verbal disagreement with his ex-girlfriend. She wants to get back

together, [complaining victim, Samir Tabar] wants to end [the] relationship and stay

friends. No injuries. Both parties agree to go their separate ways.” Id.

31. In the days that followed, despite telling the police that she wanted to

move on, Kovalesky used false and malicious allegations against Tabar in order to

initiate a domestic violence proceeding in Kings County Criminal Court. See February

26, 2013 Criminal Complaint, attached hereto as Exhibit D (the “First Baseless Criminal

Complaint”). Kovalesky alleged that Tabar kicked, strangled, and pushed her, causing

injury and fear. Id.

32. But these allegations were entirely false. Tabar never engaged in the

conduct of which Kovalesky accused him.

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33. Tabar has always denied the allegations which Kovalesky made against

him in support of her eventually dismissed complaint. However, even though

Kovalesky’s First Baseless Complaint was eventually dismissed in its entirety, Tabar

was arrested on February 28, 2013 and had to spend a night in jail, suffering emotional

trauma as a direct result of her false accusations.

34. Kovalesky also used her false allegations against Tabar to obtain

temporary orders of protection against Tabar, which prohibited Tabar from contacting

Kovalesky in any way. A temporary order of protection is granted between each court

appearance in most domestic violence actions, regardless of whether the court has

determined that the purported defendant engaged in the alleged misconduct. The last

of the temporary orders of protection that resulted from the First Baseless Criminal

Complaint was granted on April 17, 2013.

35. The charges stemming from Kovalesky’s First Baseless Criminal

Complaint were dismissed in Tabar’s favor on June 10, 2013. See Certificate of

Disposition, Number 47288, attached hereto as Exhibit E.

Kovalesky Embarks on a Campaign of Harassment and Disparagement Toward Tabar and His Fiancée

36. In early 2013, Kovalesky began a campaign to stalk, harass, annoy,

embarrass and cause emotional distress to Tabar, his fiancée and their acquaintances.

37. From February 2013 until June 2013, Kovalesky bombarded Tabar with

emails and text messages to such an extent that, on some days, Tabar received over fifty

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electronic communications initiated by Kovalesky. Also during that time period,

according to phone records, Kovalesky initiated over forty calls to Tabar.

38. Kovalesky first threated to contact Tabar’s family, including his mother

and his brother, as well as Tabar’s friends and associates, and relay to them the false

allegations Kovalesky made in her First Baseless Criminal Complaint.

39. Kovalesky then followed through on her threats and disparaged Tabar to

his family and friends, revealing the false accusations she had made against Tabar in an

effort to embarrass, disparage, and cause Tabar further emotional distress. See, e.g.,

May 31, 2013 Email from Kovalesky to Tabar’s mother, Francine Tabar at 5:41am,

attached hereto as Exhibit F (“. . . .I wanted to continue our conversation from this past

February . . . . Samir is in legal trouble”).

Kovalesky’s Communications Alternate Between Threats and Insults to Affectionate Statements and Demands that Tabar Continue the Romantic Relationship

40. During the same time period, Kovalesky’s communications were erratic

and alternated between disparaging and threatening statements about Tabar and his

fiancée, to demands that Tabar continue the romantic relationship with Kovalesky.

41. Only two days after she had Tabar arrested, and after she had obtained a

temporary order of protection, Kovalesky, e-mailed Tabar stating, “I know that you

cannot respond to this . . . . I just heard that the order of protection will not be lifted

until April 17th – it’s outrageous and completely sad. My lawyer and I are going to do

what we can on our end to get a limited order of protection so that we can talk . . . . I

am allowed to contact you. This e-mail is not illegal. I know that you . . . wish you

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could respond. I’m sorry that you can’t. All I want to hear is your voice telling me that

you’re doing ok . . . . I don’t know if you’re mad at me . . . . I will miss you so much.

I’m so sorry that this is happening. It’s just awful.” See March 1, 2013 Email from

Kovalesky to Tabar, attached hereto as Exhibit G.

42. One week later, on March 9, 2013, Kovalesky emailed Tabar, again while a

temporary order of protection was in effect, writing “[h]ave I told you how much I hate

that I can’t talk to you? I feel like I have so much to say to you, and it feels like forever

until I’m going to see you again . . . . It’s horrible when you can’t control or do anything

about it. I just want you to know that I’m here for you. I wish that I could hold you . . ..

Anyway, I wanted you to wake up to an email from me.” See March 9, 2013 Email from

Kovalesky to Tabar, attached hereto as Exhibit H.

43. On April 29, 2013 Kovalesky apparently tracked Etienne and Tabar via

Etienne’s account on Instagram, a photo and video sharing and social networking site

on which Etienne, like other users, published media to be seen by her “followers” on

the service. Kovalesky saw on Etienne’s Instagram account an image of Tabar on

vacation in Los Angeles, and called Tabar at least six times that day beginning one hour

after Etienne posted the photo of Tabar. Kovalesky later admitted that she “kn[e]w that

you [Tabar was] with Scarlett in CA. . . .” May 30, 2013 Email from Kovalesky to Tabar

at 5:35am, attached hereto as Exhibit I.

44. This was the first incident in a long series of incidents in which Kovalesky

reacted to posts on Etienne’s social media accounts and used them to harass and stalk

Tabar, and, frequently, Etienne.

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45. Less than two weeks later, on May 9, 2013, Tabar received dozens of

harassing text messages from Kovalesky stating, among other things, “I’m better than

you,” and “I am beautiful, fun, funny, creative, [and] loving . . . .” See May 9, 2013

Text Messages, attached hereto as Exhibit J, at 10:39pm; see also Id. at 8:02pm (“Suck it

up. It will be over soon because of ME”).

46. Despite Kovalesky’s First Baseless Criminal Complaint providing

Kovalesky with a Temporary Order of Protection in her favor and which prevented

Tabar from contacting Kovalesky in any way, she repeatedly wrote Tabar that she was

angry because Tabar would not spend time with her. See Id. at 7:53pm (“You do

everything possible not to see me . . . . You need to accommodate me like I

accommodate you. I’m sick of loving a ghost, and someone, quite frankly, who is

seemingly only real in my head“); see also Id. at 10:17pm (“You refuse to make plans

with me, and the one weekend it would be easy for me to get away to accommodate

you, you make plans with someone else!”).

47. The next morning, despite telling Tabar “[y]ou are so weird. I can’t take it

anymore” less than an hour earlier, Kovalesky appeared to be completely over her

anger and began text messaging Tabar about a party, stating “Omg, I was at a kostume

kult meeting. If you even think you might be in the city on 6/1, buy a ticket to their

party. I sent you the link.” See May 10, 2013 Text Messages, attached hereto as Exhibit

K, at 6:54am and 8:43am. Kovalesky went on to tell Tabar that “I love my baby Samir . .

. . I owe you a lot for showing me a lot of big sides of who I am. . . .” Id. at 11:57am and

6:01pm.

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48. Tabar did not wish to spend any time with Kovalesky. Tabar avoided

Kovalesky, and made efforts to ensure they did not cross paths, including having his

attorney notify Kovalesky’s attorney of events Tabar planned to attend, and refusing to

set plans with Kovalesky. See, e.g., August 21, 2013 Letter from Jeremy Saland to Bruce

Connolly, attached hereto as Exhibit L.

49. Kovalesky continued to text message and email Tabar throughout the

month of May, alternating between affectionate and understanding messages in one

moment (see May 23, 2013 Email from Kovalesky to Tabar at 11:59am, attached hereto as

Exhibit M (“[y]ou are destined for more greatness . . . . Above all else, know that I’m

here for you”), and accusatory and angry in the next. See May 27, 2013 Text Messages,

attached hereto as Exhibit N, at 7:57am and 8:02am (“You’re such a loser . . . your life is

a lie and your mind is sick”).

50. At around this time, trying to diffuse any problems, Tabar asked his

friends and family not to communicate with Kovalesky, either in person or through

social media. But this caused Kovalesky to become even angrier and to escalate her

harassing behavior.

51. In at least April 2013, Kovalesky had begun monitoring Tabar’s fiancée’s

blog, Facebook, and Instagram accounts. Etienne used social media extensively to

promote her performances as a disc jockey (“DJ”), and for a travel-writing venture in

which she would post photographs from the various hotels she stayed in during her

travels.

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52. In May 2013, Etienne was forced to block Kovalesky on her private

Facebook profile after her fiancée Tabar informed her about a message Kovalesky sent

him via text message that indicated Kovalesky had been stalking Etienne on social

networks, specifically Facebook. See May 27, 2013 Text Messages, at 7:57am and

8:24am, attached hereto as Exhibit N.

53. It appears, though, that at that time, and as she had in February,

Kovalesky began using false Facebook accounts to stalk Etienne, and, thus, Tabar,

through Etienne’s Facebook posts.

Kovalesky’s Harassment Escalates

54. As a result, on May 27, 2013, Kovalesky stated to Tabar via text message

“talk your shit and have people block me. It makes me laugh you still have no idea

who you are dealing with . . . [y]ou have no idea how far you’ve pushed me.” See May

27, 2013 Text Messages, at 7:58am and 8:24am, attached hereto as Exhibit N.

55. Within hours after sending these threatening texts, Kovalesky wrote Tabar

an email stating that she no longer wanted to speak with him. See May 27, 2013 Email

from Kovalesky to Tabar at 11:00am, attached here to as Exhibit O (“Sam, I don’t want

us to talk anymore”). Tabar wrote back stating that he would respect her wishes. See

May 27, 2013 Email from Tabar to Kovalesky at 11:36am, attached hereto as Exhibit P.

56. But, minutes later, Kovalesky began emailing Tabar, leveling a series of

harassing untruths about Tabar and others, including accusations about Etienne, who

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was Tabar’s girlfriend at the time and is now his fiancée. See May 27, 2013 Email from

Kovalesky to Tabar at 11:46am, attached hereto as Exhibit Q.

57. Despite the fact that Etienne had blocked Kovalesky from her Facebook

account earlier in May 2013, Kovalesky appeared to continue to follow Etienne online

using a false Facebook profile. Kovalesky’s anger seemed to be the result of her

discovery on Facebook of an editorial photo of Etienne, which Tabar had “liked”. See

Facebook Screenshot of Photo, dated May 26, 2013, attached hereto as Exhibit R; see also

May 27, 2013 Email from Kovalesky to Tabar at 11:46am, attached hereto as Exhibit Q.

(referring to an image of Etienne on Etienne’s Facebook page and stating “[g]o crazy

over how I found this out, I just don’t care”).

58. Tabar first attempted to diffuse the situation by not responding to

Kovalesky’s allegations. As the evening progressed, however, he grew frustrated and

upset and told Kovalesky “[y]ou are putting a lot of emphasis on things I find silly and

trivial Angela. If you want to [do] this just as things are turning a corner in terms of a

real situation, it’s your call. Goodnight.” See May 27, 2013 Email from Tabar to

Kovalesky at 11:50am, attached hereto as Exhibit S.

59. Kovalesky continued sending email after email about Etienne’s Facebook

photo and Tabar’s association with Etienne. See May 27, 2013 Email from Kovalesky to

Tabar at 11:55am, attached hereto as Exhibit T (referring to the same image of Etienne

on Etienne’s Facebook page); May 27, 2013 Email from Kovalesky to Tabar at 2:30pm,

attached hereto as Exhibit U (referring to the same image of Etienne as “common filth”,

and referring to Etienne as “common trash” and a “tramp”); May 27, 2013 Email from

28

Kovalesky to Tabar at 4:19pm, attached hereto as Exhibit V (“Sam, you are such a loser .

. . you are most definitely pathetic . . . . Scarlett is a common tramp . . . a pathetically

lonely person”).

60. After seeing this barrage of emails, Tabar asked Kovalesky to “please stop

stalking.” May 27, 2013 Email from Tabar to Kovalesky at 5:50pm, attached hereto as

Exhibit W. Kovalesky responded by writing “I’m done because I’m done with you. I

was just laughing showing my friends this stuff. Don’t worry!” May 27, 2013 Email

from Kovalesky to Tabar at 5:51pm, attached hereto as Exhibit X.

61. But Kovalesky was not done. She continued to email Tabar through the

night, calling Tabar “a loser . . . just like the whores in your pathetic life.” May 27, 2013

Email from Kovalesky to Tabar at 8:09pm, attached hereto as Exhibit Y; see also May 27,

2013 Email from Kovalesky to Tabar at 5:53pm, attached hereto as Exhibit Z (“You need

some deep, spiritual attention. Like, yesterday”); May 27, 2013 Email from Kovalesky

to Tabar at 6:02pm, attached hereto as Exhibit AA (telling Tabar to “just hang with your

hood rats”).

62. In these emails Kovalesky also leveled disparaging remarks about Tabar’s

former girlfriends and platonic female friends, stating that one of them has “the ugliest

nose and hands I‘ve ever seen in my life,” one “looks mousey,” one is “a troll” and “a

loser,” and another is “a fat slob.” May 27, 2013 Email at 4:19pm from Kovalesky to

Tabar, attached hereto as Exhibit V.

29

63. Tabar responded by stating “[y]ou’re really too much. Not everyone has

to be perfect to be friends. Please stop stalking, Angie.” See May 27, 2013 Email From

Tabar to Kovalesky at 5:50pm, attached hereto as Exhibit W.

64. Nonetheless, Kovalesky continued to email Tabar well into the following

day. See, e.g., May 28, 2013 Email from Kovalesky to Tabar at 3:04am, attached hereto as

Exhibit BB (“I still think you’re trash . . . . You are embarrassing . . . [f]ix your fucking

life”). Kovalesky also told Tabar that she would be in contact with Tabar’s criminal

defense attorney, Jeremy Saland, presumably regarding her complaint against Tabar,

which, because Kovalesky was not willing to swear out to the truthfulness of her

allegations and had not signed a corroborating affidavit, was only days away from

being dismissed under CPLR § 30.30. Id.

65. Shortly thereafter, on the same day, Kovalesky began to ask Tabar where

he was and where he was travelling to that day. See May 28, 2013 Email from

Kovalesky to Tabar at 3:46am, attached hereto as Exhibit CC (“Where are you going?”);

see also May 28, 2013 Email from Kovalesky to Tabar at 3:48am, attached hereto as

Exhibit DD (“And don’t lie to me. I’ll find out the truth”).

66. When Tabar would not tell her where he was going, Kovalesky again

threatened him, stating “[y]ou should really fucking answer me. And with the fucking

truth.” May 28, 2013 Email from Kovalesky to Tabar at 3:52am, attached hereto as

Exhibit EE; see also May 28, 2013 Email from Kovalesky to Tabar at 3:57am, attached

hereto as Exhibit FF (“lol, you’re fucking with me again, aren’t you?! You never learn,

do you?”); May 28, 2013 Email from Kovalesky to Tabar at 4:03am, attached hereto as

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Exhibit GG (“something is up because your phone has been off for more than 24

hours”).

67. Shortly thereafter, Kovalesky threatened Tabar even further, writing

“[a]nd why would common, trampy Scarlett block someone like me on Facebook unless

you said something to her? You better watch your fucking self, asshole. That I am very

fucking serious about . . . . You talk shit about me, and I will fucking bring it to you like

no one else.” See May 28, 2013 Email from Kovalesky to Tabar at 4:31am, attached

hereto as Exhibit HH.

68. But the next day, Kovalesky sent Tabar an email entitled “Peace”, stating

“you have my friendship right now . . . remember you are the best – the best in the

west. Good luck tomorrow.” May 29, 2013 Email from Kovalesky to Tabar at 9:06am,

attached hereto as Exhibit II.

69. When Tabar would not respond to Kovalesky, Kovalesky warned, “[i]f

you don’t respond back to this, I’m contacting your brother or your parents. I want to

skype. When can we do that?” See May 29, 2013 Email from Kovalesky to Tabar at

5:46am, attached hereto as Exhibit JJ.

70. Less than two hours later, when Tabar did not respond, Kovalesky

followed through on her threat and emailed Tabar’s brother. See May 29, 2013 Email

from Kovalesky to Tabar at 7:11am, attached hereto as Exhibit KK (“I just emailed your

brother. Please tell him to check his Facebook messages”).

71. Shortly thereafter, Kovalesky contacted Tabar’s attorney regarding a

proposed confidentiality agreement. She then emailed Tabar threatening further legal

31

action, stating “[y]ou have no right to lie to others about me forcing them to block me

on Facebook . . . . I will be allowed to take you to court if I sense this is continuing. I

will subpoena Scarlett and anyone else necessary.” May 29, 2013 Email from Kovalesky

to Tabar at 8:13am, attached hereto as Exhibit LL.

72. Tabar repeatedly asked Kovalesky to “please leave me alone . . . . Please

stop screwing around with other people’s lives. Just stop it. Leave me alone. I am not

bugging you or sending messages to your friends etc. I am not trying to get involved in

your life.” See May 30, 2013 Email from Tabar to Kovalesky at 2:59am, attached hereto

as Exhibit MM.

73. When Kovalesky told Tabar that she would be pursuing another

temporary order of protection for the express purpose of preventing Tabar from

attending a music festival called Burning Man, Tabar responded, “Angela, there are

massive ramifications for me if you pursue this . . . I literally will never be able to get a

job because it will be on the public record . . . . Just let’s leave each other alone.

B[urning] M[an] is a public event and I am happy to stay away from you.” See May 30,

2013 Email from Tabar to Kovalesky at 9:08am, attached hereto as Exhibit NN.

74. From Kovalesky’s emails, Tabar understood that Kovalesky was

threatening to file further false complaints with the police, as she had in February, in

order to get back at Tabar. Tabar was frightened about what Kovalesky would do.

Kovalesky had already made the First Baseless Criminal Complaint against Tabar,

which not only resulted in his arrest, but affected Tabar’s life and ability to earn a

livelihood going forward.

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75. At the time, Tabar knew that the criminal charges against him were very

close to being dismissed in their entirety, but, based on her threats, feared that

Kovalesky would make even more false accusations that would lengthen the process

and further harm Tabar.

76. As it turns out, this is precisely what Kovalesky did.

Kovalesky Tracks Down Tabar and Threatens to Disrupt His Life If He Does Not Pay Her $1 Million

77. Three days later, Kovalesky tracked down Tabar though Etienne’s social

media accounts, doing exactly what she threatened on May 28, 2013 when she stated

that she would “find out the truth.” May 28, 2013 Email from Kovalesky to Tabar at

3:48am, attached hereto as Exhibit DD. On May 30, 2013, Kovalesky discovered from

reading Etienne’s blog and Facebook page that Tabar and Etienne had in fact taken a

trip together overseas where Etienne was due to perform. See May 29, 2013 Facebook

Screenshot, attached hereto as Exhibit OO. Kovalesky told Tabar “I know that you’re

with [Scarlett] now.” May 30, 2013 Email from Kovalesky to Tabar at 5:35am, attached

hereto as Exhibit I.

78. Although neither Tabar nor Etienne had notified Kovalesky of their trip,

Kovalesky tracked down their hotel information, including the room number, and

called Tabar and his fiancée on their hotel room phone.

79. During this conversation Kovalesky yelled at Tabar and threatened him

that if he did not leave the hotel immediately, break off his relationship with Etienne,

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and pay Kovalesky the sum of $1 million, she was going to go to the police and “disrupt

their lives.”

80. When Tabar asked Kovalesky “why are you doing this,” Kovalesky

answered, “because I want to destroy you.”

81. During this conversation Kovalesky referred to Tabar’s fiancée using

various disparaging and insulting names including “whore,” “slut,” and “cunt.”

Kovalesky yelled so that loudly that Etienne could hear seemingly the entirety of the

phone conversation.

82. As this was not the first time Kovalesky had harassed Tabar in this way,

Tabar and Etienne took her threats very seriously. In fact, as described supra at ¶¶ 7-23,

Kovalesky had a history of showing up at Tabar’s hotel rooms, without advance notice

and without being invited, in order to harass, assault and disparage Tabar.

83. Thus, on May 31, 2013, after Kovalesky’s harassing phone call, Tabar and

his fiancée were fearful of Kovalesky’s threats and maintained a genuine belief that she

was capable of, and in fact would, seek to cause them physical harm and continue to

harass them. Further, because Kovalesky had only days earlier told Tabar to “watch”

himself (May 28, 2013 Email from Kovalesky to Tabar at 4:31am, attached hereto as

Exhibit HH), Tabar feared that Kovalesky would seek to harm him in any way possible,

including through making additional false complaints to the police.

84. As a result, Plaintiff and his fiancée were forced to abandon the remainder

of their stay at the resort where Kovalesky had telephoned them and switch hotels, so

that Kovalesky would be unaware of their whereabouts and would not be able to

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further harm and harass them. Out of fear of Kovalesky’s threatened conduct, they

even ended their trip early, incurring thousands in additional financial expenses as a

result of changing their travel plans on short notice.

85. When Kovalesky did not receive the $1 million she sought to extort from

Tabar, she made good on her threats to “disrupt” and “destroy” Tabar’s life and

reported Tabar to the police for communicating with her, resulting in the filing of a

family court petition for an order of protection based on allegations that were identical

to those she made in her First Baseless Criminal Complaint on June 25, 2013 (see June 25,

2013 Family Offense Petition, attached hereto as Exhibit PP, as well as a second baseless

criminal complaint. See June 26, 2013 Criminal Complaint, attached hereto as Exhibit

QQ (the “Second Baseless Criminal Complaint”).

Kovalesky Uses the Call She Initiated With Tabar to Maliciously File a Second Complaint with the Police

86. Even though Kovalesky had initiated the communications with Tabar, she

intended to make it seem like Tabar had, in fact, violated the April 17, 2013 temporary

order of protection issued as a result of the First Baseless Criminal Complaint.

87. In the Second Baseless Criminal Complaint, Kovalesky alleged that Tabar

contacted her via telephone and email in violation of the April 17, 2013 Temporary

Order of Protection. See Second Baseless Criminal Complaint, attached hereto as

Exhibit QQ.

88. In this same vein, without any basis in fact, and motivated solely by ill

will and jealousy, Kovalesky made false statements in that Tabar had changed his

35

mailing address to her home address in violation of the April 17, 2013 Temporary Order

of Protection.

89. Tabar learned that he would be arrested for a second time because of these

false statements, this time for a technical violation of the Order of Protection. Thus on

or around June 26, 2013, Tabar surrendered and was incarcerated. Tabar was

handcuffed and spent eighteen hours in a holding cell.

90. As a result, Etienne flew back to New York from a performance in India in

order to make a statement to the District Attorney supporting Tabar’s defenses to

Kovalesky’s Second Baseless Criminal Complaint.

91. Kovalesky’s factually untrue statements were designed by Kovalesky

solely to harass and annoy Tabar and keep him entangled in meritless legal proceedings

for technical violations of the temporary order of protection due to any responses to

Kovalesky’s ceaseless text messages, emails, and phone calls. Kovalesky used the

criminal proceedings—based on her false allegations—to retaliate against Tabar for

terminating their romantic relationship.

92. While he maintained his innocence, Tabar pleaded to a lesser offense of

disorderly conduct (a non-criminal offense) on August 12, 2013 in order simply to move

on with his life. See Certificate of Disposition, Number 37126, attached hereto as Exhibit

RR.

Tabar Obtains an Order of Protection Against Kovalesky in Family Court

93. By July 2013, Defendant’s behavior had become so unpredictable, caused

him and his loved ones so much stress, and made Tabar genuinely fear whether there

36

were limits to what Kovalesky would do, that Tabar was forced to file a petition for an

order of protection against Kovalesky in the Kings County Family Court due to

Defendant’s acts of “disorderly conduct”, “aggravated harassment”, “menacing”,

“reckless endangerment”, “assault”, “stalking”, and “criminal mischief.” See July 19,

2013 Family Offense Petition, attached hereto as Exhibit SS.

94. The Family Court consequently entered a temporary order of protection

which prohibited Kovalesky from contacting Tabar in any way.

Tabar Is Fired From His Job As a Direct Result of Kovalesky’s Baseless Lawsuit

95. Approximately six months later, and, exactly as she had threatened,

Kovalesky filed a wholly unsupported civil lawsuit against Tabar on February 5, 2014,

with the express intent to further “disrupt Tabar’s life” and “destroy” him.

96. Like her previously filed baseless criminal complaints, Kovalesky’s

Tortious Interference Complaint is based on numerous false allegations. For example,

in her Tortious Interference Complaint, Kovalesky alleges that Tabar threatened her

with a knife. But this is flatly contradicted by Kovalesky’s own statement to the police

regarding the purported incident. See the First Baseless Criminal Complaint, attached

hereto as Exhibit D.

97. As a direct result of Kovalesky’s initiation of this Tortious Interference

Action (the “Tortious Interference Action”), and apparently exactly as desired and

threatened, Tabar has suffered immense damage to his reputation and career.

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98. Prior to February 5, 2014, Tabar had been on leave for one month to take

care of his parents, but intended to return to his job at Schulte, Roth & Zabel LLP

(“Schulte”). Tabar specialized in capital markets, which is a highly reputation-driven

field.

99. Immediately after Kovalesky filed her complaint, her false allegations

were disseminated throughout multiple media outlets, including the New York Post,

the New York Daily News, legal news website Above the Law, and the ABA Journal.

100. That same day, Tabar received a voice message from Stuart Freedman

(“Freedman”), a managing partner at Schulte asking to speak with Tabar. Freedman

followed up by email telling Tabar that they needed to talk as soon as possible as

Schulte had already received a number of calls from the press asking for comment on

the lawsuit.

101. Shortly after he received Freedman’s email, Tabar returned the call.

Freedman was joined on the call by another Schulte partner, Alan Waldenberg. The

two spoke with Tabar and told him that they were terminating his employment. The

Schulte attorneys told Tabar that the lawsuit was simply “too embarrassing to the firm,”

and could hurt Schulte’s good name if Tabar remained.

102. Immediately thereafter, Schulte took down Tabar’s firm email address and

all reference to Tabar on its website. This all occurred within days of Kovalesky filing

the Tortious Interference Complaint.

103. Tabar sustained special grievances due to Kovalesky’s filing and

prosecution of the Tortious Interference Action, including, but not limited to, lost

38

employment opportunities and severed business relationships, costing him at least

hundreds of thousands of dollars in his once successful career.

Kovalesky’s Baseless Lawsuit Is Now Preventing Tabar from Finding New Employment

104. In the month and a half since he was terminated from Schulte, Tabar has

actively sought new employment. He has not been successful.

105. For example, on one occasion, Tabar spoke with a potential employer

who was interested in offering him a job with a salary starting at $250,000 base plus

commission. But, when the potential employer learned of the Tortious Interference

Action, told Tabar that he simply could not hire him at this time.

106. On another occasion, Tabar spoke with a business contact regarding

prospective employment, who told Tabar that he was an ideal candidate. However, the

recruiter explained, due to the allegations in the Tortious Interference Complaint and

the public dissemination of the allegations included in it, she could not recommend

Tabar to any of her clients.

107. Like Schulte, these prospective employers simply did not wish to deal

with the embarrassment of the Tortious Interference Action, even knowing that the

claims are false.

108. This is because the field Tabar works in – capital markets and investment

management – depends substantially on reputation. Because Kovalesky intentionally

set out to destroy Tabar’s reputation, he is no longer able to find a job in that field. This

39

is a direct result of the false allegations Kovalesky made in her complaint and

distributed to the press, all with the express intent to harm Tabar and disrupt his life.

FIRST CAUSE OF ACTION (Tortious Interference with Business Relationship)

109. Tabar had a business relationship with Schulte Roth & Zabel LLP.

110. Kovalesky knew Tabar was employed by Schulte, and that his field was

driven by reputation and trust.

111. Kovalesky interfered with Tabar’s relationship with Schulte by filing the

sham Tortious Interference Action and disseminating the false allegations to the press.

112. Kovalesky was motivated to file the Tortious Interference Complaint for

the specific purpose of harming Tabar.

113. Kovalesky used wrongful means by first attempting to extort $1 million

from Tabar. Kovalesky told Tabar that, if he did not pay her $1 million, Kovalesky

would “disrupt” and “destroy” his life.

114. Kovalesky then proceeded to engage in a campaign to publicly “disrupt”

and “destroy” Tabar’s life, including his career.

115. Kovalesky also used wrongful means by initiating the Tortious

Interference Action against Tabar in bad faith.

116. The Tortious Interference Action is not reasonably calculated to obtain a

favorable outcome and no reasonable litigant could expect success on the merits.

Kovalesky bases her action on plainly false allegations, including that Tabar was

convicted of a crime.

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117. The lawsuit conceals an attempt by Kovalesky to interfere directly in

Tabar’s business relationships in order to disrupt his life, as she threatened she would.

118. Kovalesky caused injury and harm to Tabar by depriving Tabar of the

economic benefit he would have obtained through his employment at Schulte where he

was making an annual salary of $235,000, and had the prospects not only for raises, but

for annual bonuses, and for continued employment for years to come.

119. Tabar was injured in an amount to be determined at trial.

SECOND CAUSE OF ACTION (Tortious Interference with Prospective Employment or Advantage)

120. Prior to the commission of the wrongful acts by Kovalesky, Tabar was

reputed, esteemed, and sought after in the legal and investment banking communities.

121. Kovalesky tortiously and falsely claimed that Tabar engaged in extreme

misconduct and was convicted of a crime. These statements were widely disseminated

throughout the legal community, including through popular legal media websites such

as Above the Law and the ABA Journal, and falsely characterized Tabar’s conduct and

character. These statements were false, misleading, defamatory, libelous, and without

legal excuse, as described supra ¶¶ 99-104.

122. Kovalesky’s false and defamatory statements, false reports to the police,

misrepresentations, Tortious Interference Complaint, and persistent and baseless

harassment have injured Tabar in his good name, reputation, and business.

41

123. Because Tabar’s career in the investment banking and legal fields is based

on trust and reputation, Kovalesky has harmed Tabar’s ability to work in the future.

124. Tabar has attempted to mitigate the damages he is suffering by actively

seeking employment. However, on multiple occasions, Tabar has been told that

Kovalesky’s lawsuit is simply too embarrassing for any company in his field to risk

employing Tabar.

125. Kovalesky caused this harm for the express purpose of disrupting Tabar’s

life.

126. Tabar has been injured in an amount to be determined at trial.

THIRD CAUSE OF ACTION (Malicious Prosecution)

127. Plaintiff repeats and re-alleges each and every allegation set forth in the

foregoing paragraphs as if fully set forth herein.

128. On February 28, 2013, Kovalesky filed the First Baseless Criminal

Complaint, making entirely false allegations against Tabar. Tabar was arrested as a

result and spent the night in jail. Consequently, the court also granted several

temporary orders of protection in favor of Kovalesky from February 2013 to June 10,

2013.

129. On June 26, 2013, Kovalesky filed the Second Baseless Criminal

Complaint, this time for violation of the April 17, 2013 temporary order of protection

granted as a result of the First Baseless Criminal Complaint. Immediately prior to filing

the Second Baseless Criminal Complaint, Kovalesky sent hundreds of emails and text

42

messages over the course of five days to Tabar. She also tracked Tabar at a hotel

overseas and called him, threatening to “disrupt” and “destroy” Tabar’s life if he did

not pay her $1 million and did not end his relationship with his fiancée. Kovalesky

used these communications, which she initiated, as the basis for the Second Baseless

Criminal Complaint.

130. Also in June 2013, Kovalesky filed a Family Offense Petition in the Kings

County Family Court and obtained another temporary order of protection against

Tabar. The Family Offense Petition was based entirely on the same false allegations that

Kovalesky made against Tabar in the First Baseless Criminal Complaint.

131. Defendant’s actions are indicative of the fact that she intended to do harm

without excuse or justification.

132. As a result of Plaintiff’s falsely reporting these incidents to the police,

Defendant was falsely imprisoned on two occasions.

133. There was no probable cause for the criminal proceedings against Samir,

as the facts and circumstances described in the aforesaid paragraphs would not lead a

reasonably prudent person in like circumstances to believe Plaintiff was guilty.

134. In fact, criminal charges arising from the First Baseless Criminal

Complaint were dismissed entirely on June 10, 2013. The charges arising from

Kovalesky’s Second Baseless Criminal Complaint regarding Tabar’s purported violation

of the Order of Protection were also dismissed when Tabar pleaded to a lesser, non-

criminal offense of disorderly conduct on August 12, 2013.

43

135. The criminal proceedings were instituted in actual malice, and with a

wrong and improper motive. Kovalesky has repeatedly stated both verbally and in

writing that she wishes to inflict pain, distress, and difficulty upon Tabar and his

fiancée Scarlett Etienne.

136. Tabar spent over $55,475 in legal fees fighting the First and Second

Baseless Criminal Complaints, and the Family Offense Petition.

137. As a direct and proximate result of Kovalesky’s filing of false criminal

complaints, Tabar has suffered economic damages, and has suffered and continues to

suffer non-economic damages, including mental and emotional injury and detrimental

psychological trauma in an amount to be determined at trial.

FOURTH CAUSE OF ACTION (Abuse of Process)



139. On February 28, 2013, Kovalesky, with ill will and jealousy, used false and

malicious allegations to commence and maintain a domestic violence action against

Tabar.

140. On June 26, 2013 Kovalesky, with ill will and jealousy, used false and

malicious allegations to file a complaint against Tabar for violating the April 17, 2013

temporary order of protection. Kovalesky told the police that Tabar had contacted her

in violation of the temporary order of protection.

44

141. But Tabar did not contact Kovalesky. Instead, Kovalesky stalked Tabar

and his fiancée on social media and determined that the two were staying in a hotel in

overseas. Kovelsky then called the hotel and was put through to Tabar’s hotel room.

Kovalesky proceeded to threaten Tabar that she would go to the police and “disrupt”

and “destroy” Tabar’s and his fiancée’s lives unless Tabar paid Kovalesky $1 million

and ended his relationship with Etienne.

142. When Tabar refused to pay her $1 million, Kovalesky went to the police

and reported Tabar for violating the temporary order of protection, despite the fact that

it was Kovalesky who repeatedly contacted Tabar while the temporary order of

protection was in place, including over forty phone calls, and hundreds of emails and

text messages.

143. Kovalesky’s use of legal process against Tabar was intended to vex, annoy

and harass Tabar, and was intended to, and continues to, cause substantial disruption

to Tabar’s career and assets generally, and his professional and personal activities

specifically.

144. Defendant could never have achieved these ulterior objectives through

proper use of litigation.

145. Defendant’s abuse of process was intended to—and did—cause benefit to

Defendant and harm to the Plaintiff. The economic and other harms inflicted upon

Plaintiff are without excuse or justification, and are outside the normal contemplation of

litigation.

45

146. As a direct and proximate result of Defendant’s abuse of process, Plaintiff

was forced to incur costs and expenses, including but not limited to attorneys’ fees and

costs of litigation, as well as lost wages, lost time from work, and significant other

consequential and incidental damages, including those damages which resulted from

Plaintiff’s overnight imprisonment for false domestic violence allegations, for which the

Defendant is responsible and legally liable.

147. Defendant acted maliciously, without cause, without regard to Plaintiff’s

legal rights, and with the intent to oppress Plaintiff, entitling Plaintiff to punitive

damages.

FIFTH CAUSE OF ACTION

(Trespass to Chattel)



149. On two separate occasions, once in November 2012 and once in January

2013, with no right or authority, Kovalesky threw Tabar’s cellphones to the ground and

destroyed them.

150. On another occasion in 2012, with no right or authority, Kovalesky

intentionally threw Tabar’s laptop computer to the ground completely destroying it and

rendering it unusable.

46

151. Tabar replaced the cellphones and laptop himself for a total cost of

approximately $2,500.

152. As a direct and proximate result of Kovalesky’s destructive conduct,

Tabar has incurred damages of $2,500.

SIXTH CAUSE OF ACTION (Conversion)



154. In December 2012, Kovalesky began exercising dominion and control over

a leather jacket owned by Tabar without permission or consent.

155. Tabar, as the true owner of the jacket, had at all relevant times an

immediate and superior right of possession over the jacket.

156. To date, Kovalesky has not returned the jacket to Tabar, its rightful owner,

and upon information and belief, she currently possess and exercises dominion and

control over the jacket to the exclusion of Tabar.

SEVENTH CAUSE OF ACTION (Intentional Infliction of Emotional Distress)



158. In the February 2013, Kovalesky began a campaign to stalk, harass, annoy,

embarrass and cause extreme emotional distress to Tabar, his fiancée, and their families

and acquaintances.

47

159. On February 28, 2013, Kovalesky used false and malicious allegations

against Tabar to the First Baseless Criminal Complaint.

160. As a result of Kovalesky’s false report, Tabar was arrested and spent the

night in jail, suffering emotional trauma and mental anguish.

161. Shortly thereafter Kovalesky contacted Tabar’s family including his

mother, father, brother, and ex-girlfriend alerting them to her domestic violence

application and the false allegations contained therein, in an effort to embarrass and

disparage Tabar.

162. The temporary order of protection, issued as a result of these proceedings,

required that Tabar refrain from contacting Kovalesky. However, Kovalesky repeatedly

contacted Tabar via e-mail and text message, and tracked him on social media websites

such as Facebook and Instagram, in order to goad Tabar into breaking the temporary

order of protection.

163. Kovalesky used the instances in which she had contacted Tabar to file the

Second Baseless Criminal Complaint against Tabar, alleging that he had violated the

temporary order of protection.

164. As a result, Tabar was arrested for a second time and forced to spend 18

hours in a holding cell.

165. From February 2013 to June 2013, Kovalesky sent Tabar hundreds of

harassing text messages and emails, repeatedly called Tabar after he asked her to stop

contacting him, defamed Tabar’s fiancée, and leveled offensive and disparaging

remarks about many of Tabar’s acquaintances.

48

166. On May 31, 2013 after discovering that Tabar and his fiancée had taken a

trip together overseas, by monitoring Tabar and his fiancée’s social media accounts on

Instagram and Facebook, Kovalesky called Tabar and his fiancée on their hotel room

phone.

167. During this conversation, Kovalesky threatened Tabar that if he did not

leave the hotel immediately, end his relationship with Etienne, and pay her the sum of

$1 million, she was going to go to the police and “disrupt their lives” and “destroy”

Tabar.

168. After Kovalesky’s harassing and threatening phone call, Tabar and his

fiancée were fearful of Kovalesky’s threats and maintained a genuine belief that she was

capable of, and in fact would, seek to cause them physical harm and continue to harass

them.

169. As a result, Tabar and his fiancée were forced to abandon the remainder of

their stay at the resort where Kovalesky had telephoned them and switch hotels so that

Kovalesky would be unaware of their whereabouts and would not be able to further

harm and harass them, and end their trip early, incurring substantial financial expenses

from the airlines for changing their travel plans at the last minute.

170. Kovalesky’s conduct was intentional and malicious.

171. Kovalesky’s conduct was extreme and outrageous and is utterly

intolerable in a civilized society.

172. Kovalesky’s conduct was calculated to, and did, cause emotional distress

to Tabar.

49

173. As a direct and proximate result of Kovalesky’s intentional infliction of

emotional distress, including but not limited to her campaign of harassment, threats of

harm, attempts at extortion, and defamatory remarks, Tabar has suffered economic

damages, and has suffered and continues to suffer non-economic damages, including

mental and emotional injury and detrimental psychological trauma in an amount to be

determined at trial.

PRAYER FOR RELIEF

WHEREFORE, Counterclaim-Plaintiff prays for the following relief:

(a) On the first, second, third, fourth, and seventh causes of action, Plaintiff requests compensatory damages in an amount to be determined at trial;

(b) On the first, second, third, fourth, and seventh causes of action, Plaintiff requests punitive damages in an amount to be determined at trial;

(c) On the fifth cause of action, Plaintiff requests judgment in an amount no less than $2,400;

(d) On the sixth cause of action, Plaintiff requests judgment in an amount no less than $2,000; and

(e) Such other and further relief as is just and proper.

FURTHER, Counterclaim-Plaintiff respectfully requests that judgment be entered as

follows:

(a) Dismissing the Verified Complaint with prejudice;

(b) Awarding Counterclaim-Plaintiff attorney’s fees;

(c) Awarding Counterclaim-Plaintiff such other and further relief as this

Court may deem just and proper.

Exhibit A

NEWYORK SUPREME COURT

COUNTY OF NEW YORK

ANGELA KOVALESKY,

Plaintiff,

- against -

SAMIR TABAR,

Defendant.

Index No.:151034/2014

AFFIDAVIT OF CELESTE

GREENBERG IN SUPPORT OF

DEFENDANT SAMIR TABAR

STATE OF NEW YORK )

)ss.:

COUNTY OF NEW YORK)

I, CELESTE GREENBERG, being duly sworn, state as follows:

1. I am over the age of eighteen years, believe in the obligations of an oath or

affirmation, and make these statements upon my personal knowledge. The following

are some, but not all, of the facts regarding an incident I witnessed between Angela

Kovalesky ("Angela") and Samir ("Sam") Tabar.

2. I have known Sam for approximately four years and consider him a good

friend.

3. Since I have known Sam, I have never seen him act violently towards any

person, including Angela.

4. Prior to the holidays, in 2012, Sam was staying at the Gramercy Park

Hotel. I was visiting Sam at his hotel room when his ex-girlfriend, Angela, arrived

unannounced. Angela began to knock on the door more and more aggressively, so Sam

eventually answered it.

5. Sam asked Angela to leave, but she refused. I could see that Angela

attempted multiple times to physically force herself into the room, and eventually

succeeded.

6. When Angela saw me in the sitting area of the hotel room, she grew

angrier and began yelling at Sam. Angela then began to hit Sam in the face repeatedly.

7. When Angela hit Sam, he tried to hold her arms so that she could not keep

striking him, but he did not fight back in any way. Sam continued to ask Angela to

leave.

8. 1 grew increasingly more uncomfortable and did not want to be a part of

the situation, so I decided to leave. When 1 began to leave, Angela started yelling at me

and calling me names, including a "Jew turd". While I am not Jewish, I found this

extremely offensive.

y. When I left the hotel room, Sam escorted me to the lobby. At this time, I

could see red marks across his face from where Angela had hit him.

1 declare under penalty of perjury under the laws of the United States of America

and the State of New York that the foregoing is true and correct.

Celeste Greenberg

Sworn before me on this ZL day of March, 2014

Notary Public

jlfflsnLMMcN

Notary Public State of New YortcKings County

RegNo.02MC6279034

Cnmm.Exp.J f"'

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

From: Angela Kovalesky <[email protected]>

Subject: Samir

Date: May 31, 2013 at 5:41:55 AM EDT

To: Francine Tabar <[email protected]>

Hi Francine,

I hope that this finds you well, and I hope that you don't mind that I reach out to you, but I

wanted to continue our conversation from this past February.

Samir is in legal trouble. As you know, he was harassing and trying to blackmail me in February.

That's when I called you in an effort to try to get him to stop. I know that he told you that we

were just having an argument, but it was more than that.

When he returned from Hong Kong, he physically hurt me... hitting, kicking, punching and

spitting. He told me that he would get help, and he is not. I've tried to support him through this,

but I can't do it anymore. It's too hard. He needs counseling, and he needs to take care of his

anger issues.

I know that he will be upset with me for telling you this, but if he hides what is happening and

doesn't address it, he won't get better. He told me that he talked to Karim about this stuff, so I

thought he was talking to someone in the family about it, but that doesn't seem to be the case.

Anyway, if no one is helping him through this, I'm afraid that what happened to me might

happen to someone else.

Again, I'm sorry to share this with you, but I thought that you should know, and I thought that

maybe you could help him. His next court date is in NYC on June 10th.

Feel free to call me if you want to talk about this, ok? 646-318-1770

Love,

Angela

Exhibit G

Exhibit H

Exhibit I

From: Angela Kovalesky <[email protected]> Date: Thu, May 30, 2013 at 5:35 AM Subject: To: Sam Tabar <[email protected]>

I want you to know that you are the absolute worst thing that has ever happened to me. You are a liar and abuser, and you justify things by technicalities, and you treat people like shit. There is a cycle with abusers: luring, isolation, abuse; which is exactly what you did to me.

Your lies are what boggles my mind the most. I know that you were with Scarlett in CA, and I know that you're with her now. Singapore for work? I hope so. I don't need you in NYC. I am not going to let you do to me to other people. Had you shown any remorse, gone to any classes, really worked on yourself, this would not be happening. I cannot let you continue this pattern.

I am contacting Justin today to explore possibilities in court. You should probably make sure that you are able to speak to Jeremy.

And shame on you for how you treat your brother. I feel so bad for him. You are a monster.

Exhibit J

5/9/13, 8:24:20 AM: Angela Kovalesky: Tip: find a girl with bad self

confidence like you, pretend you're cool like your brother and continue to

be unfulfilled and happy since you can't prioritize or treat a woman like

she should be treated.

5/9/13, 8:24:30 AM: Angela Kovalesky: I'm better than you.

5/9/13, 8:27:42 AM: Angela Kovalesky: 1ff29984f91722296f38fbb09a821e1b.jpg

<attached>

5/9/13, 8:27:54 AM: Angela Kovalesky: 88b03ab838b397027b1276c63ef54088.jpg

<attached>

5/9/13, 8:28:11 AM: Angela Kovalesky: c7571f29454a52100686d79767aaf779.jpg

<attached>

5/9/13, 8:28:21 AM: Angela Kovalesky: 2a37f4d8a29d2191f7e707a4a7eef4bb.jpg

<attached>

5/9/13, 8:28:48 AM: Angela Kovalesky: All fucking over.

5/9/13, 8:30:46 AM: Angela Kovalesky: And you should talk to randa more

about being in an unfulfilled relationship with #2 since you'll need to

squeeze into that spot soon.

5/9/13, 8:50:09 AM: Angela Kovalesky: You could have told your boring

cousin to go to HK this weekend, but you tell her to see you the ONE

weekend I can see you. You are PATHETIC.

5/9/13, 8:50:59 AM: Angela Kovalesky: Have fun with boring Scarlet and

your brother in HK too. Jesus, you ARE lame and boring!

5/9/13, 8:51:08 AM: Angela Kovalesky: And not fun in bed.

5/9/13, 8:51:35 AM: Angela Kovalesky: And not deep, totally superficial

5/9/13, 8:51:40 AM: Angela Kovalesky: Your ring is weird

5/9/13, 8:51:57 AM: Angela Kovalesky: Your bandaids that you give out

while dancing are weird

5/9/13, 8:53:19 AM: Angela Kovalesky: And you treat your parents like shit

5/9/13, 1:09:03 PM: Angela Kovalesky: And you treat me like shit. Had you

given me 1% of the love I've given you over the last 10 days, this would

not be happening.

5/9/13, 1:10:07 PM: Angela Kovalesky: You ask me not to go to parties, you

stand me up, you lie, you won't let me see your dad, you act weird with me

in the hotel, you break a promise to make plans with me before you

leave... You just suck.

5/9/13, 1:10:58 PM: Angela Kovalesky: YOU created this mess but you're

incapable of taking any responsibility for yourself, as always.

5/9/13, 1:11:39 PM: Angela Kovalesky: You want love? Try giving it.

5/9/13, 5:24:32 PM: Samir Tabar: I have tried hard for us

5/9/13, 5:25:21 PM: Samir Tabar: You always abandon me in my hour of need

5/9/13, 5:25:34 PM: Samir Tabar: And you expect for me to be all hunky

dory

5/9/13, 7:53:52 PM: Angela Kovalesky: I'm abandoning you?! You do

everything possible not to see me. Go see your cousin and get it over with

then see me when I have 4 days off. She doesn't work. She can be flexible.

I have a life, and it's not as easy for me. You need to accommodate me

like I accommodate you. I'm sick of loving a ghost, and someone, quite

frankly, who is seemingly only real in my head. I'm not sure what I'm

leaving you in the lurch about, but this "you tell me to jump and I ask

how high" shit is ending. I have no more juice for it.

5/9/13, 7:54:47 PM: Angela Kovalesky: And stop bringing up why this is

happening. You know why.

5/9/13, 8:00:26 PM: Angela Kovalesky: I'm sorry this is happening. It

hurts me too, but I'm sick of you pretending this is just bad luck; you

created this... like a machine.

5/9/13, 8:02:40 PM: Angela Kovalesky: Suck it up. It will be over soon

because of ME. I AM the only one who continually stands by you and

simultaneously gets shit on by you ALL of the time. Why don't you think

about that?

5/9/13, 8:06:22 PM: Angela Kovalesky: And you haven't tried hard for us,

Samir. You try when you need something like comfort, but not more than

that. I am a free spirit, and I deserve to share more than just your

burdens with you. This anger... These words... It's me getting out of the

unfun corner you try to paint me in all of the time so you can go off to

parties and discard me when you feel like it.

5/9/13, 10:17:16 PM: Angela Kovalesky: And I just want to say that I've

tried to foster something good for us. You refuse to make plans with me,

and the one weekend it would be easy for me to get away to accommodate

you, you make plans with someone else! It's too crazy. Don't ever tell me

that you love and care about me. That's not love or caring.

5/9/13, 10:19:49 PM: Angela Kovalesky: I also want you to know that I am

not angry or yelling. I know it's hard to gauge over whatsapp.

5/9/13, 10:31:48 PM: Angela Kovalesky: You really upset me, Samir.

5/9/13, 10:39:11 PM: Angela Kovalesky: I'm sick of the machine that blames

me for everything, nips any fun that could exist between us in the bud and

puts me second to his social life. I am beautiful, fun, funny, creative,

loving, and deserve someone who sees and loves that about me.

5/10/13, 1:30:25 AM: Angela Kovalesky: Anyway, just focus on your

interview. If you have time to Skype, we can do that later. I don't want

back and forth via whatsapp.

Exhibit K

5/10/13, 6:42:46 AM: Angela Kovalesky: You ok?

5/10/13, 6:54:40 AM: Angela Kovalesky: Ugh

5/10/13, 6:54:54 AM: Angela Kovalesky: You are so weird. I can't take it

anymore.

5/10/13, 6:55:32 AM: Samir Tabar: I am not weird.

5/10/13, 6:55:50 AM: Samir Tabar: I am sleep deprived and very tired from

a very difficult flight(s).

5/10/13, 6:55:59 AM: Samir Tabar: Please let me breathe.

5/10/13, 7:19:58 AM: Samir Tabar: Can't you be gentle? I am not strong

these days from all the wound.

5/10/13, 7:30:50 AM: Angela Kovalesky: X

5/10/13, 8:43:54 AM: Angela Kovalesky: Omg, I was at a kostume kult

meeting. If you even think you might be in the city on 6/1, buy a ticket

to their party. I sent you the link.

5/10/13, 11:00:50 AM: Samir Tabar: It's funny how you got deeper into a

scene I introduced you to

5/10/13, 11:01:07 AM: Samir Tabar: What exactly where you doing before all

that? ;-)

5/10/13, 11:54:34 AM: Angela Kovalesky: In a deep sleep x

5/10/13, 11:57:45 AM: Angela Kovalesky: I love my baby Samir

5/10/13, 12:17:51 PM: Samir Tabar: You should give me credit for opening

that world to you.

5/10/13, 6:01:03 PM: Angela Kovalesky: I do. So much, but I owe you a lot

for showing me a lot of big sides of who I am x

5/10/13, 6:01:52 PM: Angela Kovalesky: How was the interview?

Exhibit L

Exhibit M

From: Angela Kovalesky <[email protected]>Sent: Thursday, May 23, 2013 11:59 AMTo: [email protected]: Fwd: Why I KNOW Challenges are Blessings You are destined for more greatness...

Try to reflect on the hows and whys while taking some responsibility. It will help you to heal and understand what you might need todo to avoid these things in the future. I'll do the same, my love. Above all else, know that I'm here for you. I can't always be the punching bag, but I will do what I can for you. Always.

Sent from my iPhone

Begin forwarded message:

From: "Karen Berg" <[email protected]>Date: May 23, 2013, 11:14:22 AM EDTTo: [email protected]: Why I KNOW Challenges are BlessingsReplyTo: [email protected]

Why I KNOW Challenges are Blessings

Thursday May 23, 2013

Many times, I tweet and post on my Facebook page about the idea that the challenges we face in life are actuallyconcealed blessings. For me, this isn’t just a nice idea or cliché: It’s something I experience and apply in my life. I’dlike to share with you a personal experience that I spoke about in my recent lecture tour on reincarnation and is thefocus of this excerpt from my book, God Wears Lipstick.

My father died in 1942 during World War II, right before I was born. Mother was looking to make a life for herself, soI spent most of my time with my grandmother. I was really close to her, and with her help, I raised myself. Eventually,my mother married my stepdad. You would think after this second marriage, my life would have settled down, but itdidn’t. Altogether, I went to 13 different public schools.

It was a nomadic, unstable experience—one in which I never got the protection of a “normal” household or family. Andexternally, I was a mess. I was five years behind in reading, and my classmates made fun of me. They’d call me“stupid.” One night, some kids threw me into a construction pit. I started crying. I couldn’t get out. I was afraid Iwould die down there.Why am I telling you all of this? Is it your sympathy I seek? Not at all.

That incident was a turning point in my life. It was the first time I ever felt the presence of God, which came to me asa voice in my head.

“Why are you crying?” the voice asked. “Don’t you understand what’s happening? You watch. You’ll see. There’s areason for everything that’s come down in your life.” I was only ten years old at the time, but since that moment, Ihave always known that there was a force greater than me and my little existence. I was being shaped for the life Iwould lead.

According to Kabbalah, whether or not you see its significance at the time, everything in your life happens for a reason.

Although you might believe this statement intellectually, if you look honestly at your life, you’ll probably find that youdon’t act as though a beautiful design is really behind each event. Most people think their experiences are mostlyrandom coincidences. According to Kabbalah, however, there is no such thing as coincidence. Everything ispreordained.

That being true, any challenge you encounter in life is part of a design whose intent is to help you grow and change.The more arduous the difficulty, the greater the opportunity it affords you to mend your ways in order to connect tothe Light. This is true even of the worst situations. In fact, the more negativity there is in an interaction, the morepotential there will be to reveal Light.

If this story inspires you to connect with the blessings that are concealed within your challenges, please post your storybelow to encourage and inspire others!

Have a great week.

Love and Light,Karen

This email was sent by:

The Kabbalah Centre International1100 S Robertson Blvd Los Angeles, CA 90035, USA

This is a postonly email. Please do not reply to this message.For all inquiries, visit http://www.kabbalah.com/about/contactor send an email to [email protected]

If you wish to unsubscribe from this list, please click here

Exhibit N

5/27/13, 7:56:27 PM: Angela Kovalesky: Hi

5/27/13, 7:57:04 PM: Angela Kovalesky: Glad you like Scarlett's nipples.

I'm so glad we are over! You're such a loser.

5/27/13, 7:58:18 PM: Angela Kovalesky: And talk your shit and have people

block me. It makes me laugh that you still have no idea who you're

dealing with.

5/27/13, 7:58:53 PM: Angela Kovalesky: Read everything that I sent you

from yesterday... except the I love you... those days are GONE.

5/27/13, 8:02:27 PM: Angela Kovalesky: Just go share your pathetic,

unsophisticated, "me and my friends try way too hard" life with your bad

attitude and bad self-esteem with someone else - you're a liar, your life

is a lie and your mind is sick

5/27/13, 8:24:15 PM: Angela Kovalesky: This final straw is around

respect. You do not respect me. You have no idea how far you've pushed

me. I am done.

Exhibit O

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 11:00 AMTo: Sam TabarSubject: Hey I'll try to make this as short as possible.

Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspect that this is anotherexample of me lashing out, but I'm not. I'm crying a bit as I type this, and I know exactly what I'm doing.

The truth is that the things that I said to you yesterday are true. You are not the person that I thought you were, and I don't like theperson that I've been dealing with since last October. You have not changed one bit, and for all I know, you're getting worse.

This is not about you and your demons, though that's reason enough for me to walk away. It's about me working on myself andknowing that I deserve better. I don't like what you do with your life or the people you associate with, and none of that is going tochange. You disrespect me, and I sincerely do not want to bring little people into the world with someone like that. Your demonsbecome mine, and I don't want yours anymore. I fell in love with you because I saw a lot of my own dark stuff in you, and the truthis that I've been working on my stuff and it doesn't exist as much anymore... dealing with you is too much, and I don't know whatwe are... mostly because we are nothing.

Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going on; by the end of this year,my salary will have doubled, and I'll be working on a really cool program that will have me in Africa quite a bit, my website willlaunch, I'm buying a place down in Miami, I'm creating a home and community with really lovely people in Williamsburg andWynwood and I'm ready for the love in my life to keep healing me. I'm open to it.

Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, and I don't want to know whenyou're here and when you leave. If your lawyer needs something, have him contact me. I'm as always willing to help in anywaythat I can legally. I cannot be your friend through this though. Hopefully you can continue to talk to your brother, and if not, it willbe over soon anyway. I am very happy this is coming to an end for you so that you can move on as well.

Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from you via whatsapp, I will needto block you. I hope that you understand.

Angela

Exhibit P

From: Sam Tabar <[email protected]>Sent: Monday, May 27, 2013 11:36 AMTo: Angela KovaleskySubject: Re: Hey I will respect your wishes, but it's probably the coldest and most illtimed email ever written. It's your loss in ways you don't evenknow.

On May 27, 2013, at 11:29 PM, Angela Kovalesky <[email protected]> wrote:

Tell me that you understand this email, and promise me that you will leave me alone... even in severe situations likesomething has happened to your father. Those things are not for me to worry about and try to help anymore. Do youunderstand? We are really over now, ok?

Forwarded message From: Angela Kovalesky Date: Monday, May 27, 2013Subject: HeyTo: Sam Tabar <[email protected]>

I'll try to make this as short as possible.

Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspect that this isanother example of me lashing out, but I'm not. I'm crying a bit as I type this, and I know exactly what I'm doing.

The truth is that the things that I said to you yesterday are true. You are not the person that I thought you were, and Idon't like the person that I've been dealing with since last October. You have not changed one bit, and for all I know,you're getting worse.

This is not about you and your demons, though that's reason enough for me to walk away. It's about me working onmyself and knowing that I deserve better. I don't like what you do with your life or the people you associate with, andnone of that is going to change. You disrespect me, and I sincerely do not want to bring little people into the worldwith someone like that. Your demons become mine, and I don't want yours anymore. I fell in love with you because Isaw a lot of my own dark stuff in you, and the truth is that I've been working on my stuff and it doesn't exist as muchanymore... dealing with you is too much, and I don't know what we are... mostly because we are nothing.

Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going on; by theend of this year, my salary will have doubled, and I'll be working on a really cool program that will have me in Africaquite a bit, my website will launch, I'm buying a place down in Miami, I'm creating a home and community with reallylovely people in Williamsburg and Wynwood and I'm ready for the love in my life to keep healing me. I'm open to it.

Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, and I don't wantto know when you're here and when you leave. If your lawyer needs something, have him contact me. I'm asalways willing to help in anyway that I can legally. I cannot be your friend through this though. Hopefully you cancontinue to talk to your brother, and if not, it will be over soon anyway. I am very happy this is coming to an end foryou so that you can move on as well.

Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from you viawhatsapp, I will need to block you. I hope that you understand.

Angela

Exhibit Q

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 11:46 AMTo: Sam TabarSubject: Re: Hey No, Sam. I cannot be with someone ever who feels it's ok to like photos of others on Facebook showing their tits... or anyonewho needs to be friends with those sort of people. Go crazy over how I found this out, I just don't care. That's not the heart of theissue. This was just the straw that broke the camels back. All the stuff I said to you yesterday are true. The things I wrote in thefirst email are true. You're just not who I want. I've tried to make you better. The people who surround you are your reflection,and I just want people who are a lot more sophisticated, intelligent and classy. I don't do smoke and mirrors anymore. I don't dofake. I don't do feigned affection.

Today, I will be deleting every photo that I have of the two of us together. I have never wiped someone out like this... it's bizarre.

On Mon, May 27, 2013 at 11:36 AM, Sam Tabar <[email protected]> wrote:I will respect your wishes, but it's probably the coldest and most illtimed email ever written. It's your loss in ways you don't evenknow.


Tell me that you understand this email, and promise me that you will leave me alone... even in severe situations likesomething has happened to your father. Those things are not for me to worry about and try to help anymore. Do youunderstand? We are really over now, ok?



Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspect that this isanother example of me lashing out, but I'm not. I'm crying a bit as I type this, and I know exactly what I'm doing.

The truth is that the things that I said to you yesterday are true. You are not the person that I thought you were, and Idon't like the person that I've been dealing with since last October. You have not changed one bit, and for all I know,you're getting worse.

This is not about you and your demons, though that's reason enough for me to walk away. It's about me working onmyself and knowing that I deserve better. I don't like what you do with your life or the people you associate with, andnone of that is going to change. You disrespect me, and I sincerely do not want to bring little people into the worldwith someone like that. Your demons become mine, and I don't want yours anymore. I fell in love with you because Isaw a lot of my own dark stuff in you, and the truth is that I've been working on my stuff and it doesn't exist as muchanymore... dealing with you is too much, and I don't know what we are... mostly because we are nothing.

Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going on; by theend of this year, my salary will have doubled, and I'll be working on a really cool program that will have me in Africaquite a bit, my website will launch, I'm buying a place down in Miami, I'm creating a home and community with reallylovely people in Williamsburg and Wynwood and I'm ready for the love in my life to keep healing me. I'm open to it.

Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, and I don't wantto know when you're here and when you leave. If your lawyer needs something, have him contact me. I'm asalways willing to help in anyway that I can legally. I cannot be your friend through this though. Hopefully you cancontinue to talk to your brother, and if not, it will be over soon anyway. I am very happy this is coming to an end for

you so that you can move on as well.

Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from you viawhatsapp, I will need to block you. I hope that you understand.

Angela

Exhibit R

Exhibit S

From: Sam Tabar <[email protected]>Sent: Monday, May 27, 2013 11:50 AMTo: Angela KovaleskySubject: Re: Hey You sure are putting a lot of emphasis on things I find silly and trivial Angela. If you want to this just as things are turning a comer interms of a real situation, it's your call. Goodnight.


No, Sam. I cannot be with someone ever who feels it's ok to like photos of others on Facebook showing theirtits... or anyone who needs to be friends with those sort of people. Go crazy over how I found this out, I just don'tcare. That's not the heart of the issue. This was just the straw that broke the camels back. All the stuff I said to youyesterday are true. The things I wrote in the first email are true. You're just not who I want. I've tried to make youbetter. The people who surround you are your reflection, and I just want people who are a lot more sophisticated,intelligent and classy. I don't do smoke and mirrors anymore. I don't do fake. I don't do feigned affection.

Today, I will be deleting every photo that I have of the two of us together. I have never wiped someone out like this...it's bizarre.

On Mon, May 27, 2013 at 11:36 AM, Sam Tabar <[email protected]> wrote:I will respect your wishes, but it's probably the coldest and most illtimed email ever written. It's your loss in waysyou don't even know.


Tell me that you understand this email, and promise me that you will leave me alone... even in severesituations like something has happened to your father. Those things are not for me to worry about andtry to help anymore. Do you understand? We are really over now, ok?



Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspectthat this is another example of me lashing out, but I'm not. I'm crying a bit as I type this, and I knowexactly what I'm doing.

The truth is that the things that I said to you yesterday are true. You are not the person that I thoughtyou were, and I don't like the person that I've been dealing with since last October. You have notchanged one bit, and for all I know, you're getting worse.

This is not about you and your demons, though that's reason enough for me to walk away. It's about meworking on myself and knowing that I deserve better. I don't like what you do with your life or thepeople you associate with, and none of that is going to change. You disrespect me, and I sincerely donot want to bring little people into the world with someone like that. Your demons become mine, and Idon't want yours anymore. I fell in love with you because I saw a lot of my own dark stuff in you, andthe truth is that I've been working on my stuff and it doesn't exist as much anymore... dealing with you istoo much, and I don't know what we are... mostly because we are nothing.

Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things going

on; by the end of this year, my salary will have doubled, and I'll be working on a really cool programthat will have me in Africa quite a bit, my website will launch, I'm buying a place down in Miami, I'mcreating a home and community with really lovely people in Williamsburg and Wynwood and I'm readyfor the love in my life to keep healing me. I'm open to it.

Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, andI don't want to know when you're here and when you leave. If your lawyer needs something, have himcontact me. I'm as always willing to help in anyway that I can legally. I cannot be your friend throughthis though. Hopefully you can continue to talk to your brother, and if not, it will be over soon anyway. Iam very happy this is coming to an end for you so that you can move on as well.

Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from youvia whatsapp, I will need to block you. I hope that you understand.

Angela

Exhibit T

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 11:55 AMTo: Sam TabarSubject: Re: Hey A grown woman putting a photo of her tits, someone who was your brother's slut and probably yours now, is not someone I wantto associate with. I know that you don't see anything wrong with it, and I guess I didn't too until I got healthy. Healthy people donot do that kind of stuff. People with selfconfidence, people who need attention and people who are lonely reach out in thoseways... and again I don't want that in my life. I am too good for that kind of energy, and I don't want my partner to deal in thateither... so it's not really silly. The people you choose to associate with and the behavior your encourage is not silly. That's whatyou devoted your energy to, and it's pathetic. And I'm sorry to say it, but all of the people in your life are pathetic, it's just true.

On Mon, May 27, 2013 at 11:49 AM, Sam Tabar <[email protected]> wrote:You sure are putting a lot of emphasis on things I find silly and trivial Angela. If you want to this just as things are turning a comer interms of a real situation, it's your call. Goodnight.


No, Sam. I cannot be with someone ever who feels it's ok to like photos of others on Facebook showing theirtits... or anyone who needs to be friends with those sort of people. Go crazy over how I found this out, I just don'tcare. That's not the heart of the issue. This was just the straw that broke the camels back. All the stuff I said to youyesterday are true. The things I wrote in the first email are true. You're just not who I want. I've tried to make youbetter. The people who surround you are your reflection, and I just want people who are a lot more sophisticated,intelligent and classy. I don't do smoke and mirrors anymore. I don't do fake. I don't do feigned affection.

Today, I will be deleting every photo that I have of the two of us together. I have never wiped someone out like this...it's bizarre.

On Mon, May 27, 2013 at 11:36 AM, Sam Tabar <[email protected]> wrote:I will respect your wishes, but it's probably the coldest and most illtimed email ever written. It's your loss in waysyou don't even know.


Tell me that you understand this email, and promise me that you will leave me alone... even in severesituations like something has happened to your father. Those things are not for me to worry about andtry to help anymore. Do you understand? We are really over now, ok?



Whatever is going on between us needs to end. I know that sounds like drama, and I know you suspectthat this is another example of me lashing out, but I'm not. I'm crying a bit as I type this, and I knowexactly what I'm doing.

The truth is that the things that I said to you yesterday are true. You are not the person that I thoughtyou were, and I don't like the person that I've been dealing with since last October. You have notchanged one bit, and for all I know, you're getting worse.

This is not about you and your demons, though that's reason enough for me to walk away. It's about meworking on myself and knowing that I deserve better. I don't like what you do with your life or thepeople you associate with, and none of that is going to change. You disrespect me, and I sincerely donot want to bring little people into the world with someone like that. Your demons become mine, and Idon't want yours anymore. I fell in love with you because I saw a lot of my own dark stuff in you, andthe truth is that I've been working on my stuff and it doesn't exist as much anymore... dealing with you istoo much, and I don't know what we are... mostly because we are nothing.

Sam, I don't want us to talk anymore. You bring me down. My life has so many wonderful things goingon; by the end of this year, my salary will have doubled, and I'll be working on a really cool programthat will have me in Africa quite a bit, my website will launch, I'm buying a place down in Miami, I'mcreating a home and community with really lovely people in Williamsburg and Wynwood and I'm readyfor the love in my life to keep healing me. I'm open to it.

Anyway, you know that I can't be friends with you. I don't want to see you when you get to NYC, andI don't want to know when you're here and when you leave. If your lawyer needs something, have himcontact me. I'm as always willing to help in anyway that I can legally. I cannot be your friend throughthis though. Hopefully you can continue to talk to your brother, and if not, it will be over soon anyway. Iam very happy this is coming to an end for you so that you can move on as well.

Please stay out of my life. This is hard, and I don't want this anymore. If I get anything negative from youvia whatsapp, I will need to block you. I hope that you understand.

Angela

Exhibit U

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 2:30 PMTo: Sam TabarSubject: Re: PS ‐ Instant Crush An apology? Are you kidding? You are friends with Scarlett. I do not want to be around anyone like you/her. You liked a photoof her showing her tits to the world. I choose not to be with a low life who spends time liking and looking at that common filth, andI choose not to be with someone who wastes any energy supporting people with such low selfesteem and ridiculous behavior.Those two things are truths, and I don't owe you an apology. You owe me an apology for wasting my time, and you owe yourselfan apology for pretending to be better than common trash all of the time. It's boring, and I don't waste time on the things you findto be worthy of your time as a 41 year old. That's just me. I'm not apologizing. Enjoy your tramps!

On Mon, May 27, 2013 at 1:35 PM, Sam Tabar <[email protected]> wrote:God do you ever owe me am apology for bring so off

On May 28, 2013, at 12:01 AM, Angela Kovalesky <[email protected]> wrote:

> I think it's about a person who chooses #2 because #1 was too hard and he is regretful that he didn't stay and fight... so nowhe's stuck with the easy one, the #2, but can't get over #1...>> Good luck with your #2. I hope you get healthy, but I've given up on seeing it, and I'm sick of living on your level. I know that'shard to hear, but get better, Sam. For your sake. Life is too good for the way that you choose to live... and you're 41.

Exhibit V

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 4:19 PMTo: Sam TabarSubject: I just saw more stuff... Sam, you are such a loser. I cannot believe that I wasted 21/2 years on you. There is nothing in your world that I envy or want.Jesus, you are most definitely pathetic.

Scarlett is a common tramp. She has bad selfesteem and a pathetically lonely person.

Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows how your taste hasmost definitely fallen to new lows.

Jessica looks mousey. Her lingerie is ugly too.

Celeste is a troll. Anyone doing what she does at her age is a loser.

Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.

These are the people you choose to hang out with, give your time and associate with. You mirror these people. I have never beenso turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser. I wouldn't hire you either...you know, people do look at Facebook stuff. Grow up, get a life and get some class. You are a disgusting old man; you realize themedian age that you hang out with is like 29, right? You are disgusting.

Exhibit W

From: Sam Tabar <[email protected]>Sent: Monday, May 27, 2013 5:50 PMTo: Angela KovaleskySubject: Re: I just saw more stuff... You're really too much. Not everyone has to be perfect to be friends. Please stop stalking, Angie. On May 28, 2013, at 4:18 AM, Angela Kovalesky <[email protected]> wrote: > Sam, you are such a loser. I cannot believe that I wasted 2‐1/2 years on you. There is nothing in your world that I envy or want.Jesus, you are most definitely pathe c.>> Scarle is a common tramp. She has bad self‐esteem and a pathe cally lonely person.>> Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows how yourtaste has most definitely fallen to new lows.>> Jessica looks mousey. Her lingerie is ugly too.>> Celeste is a troll. Anyone doing what she does at her age is a loser.>> Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.>> These are the people you choose to hang out with, give your me and associate with. You mirror these people. I have neverbeen so turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser. I wouldn't hire youeither... you know, people do look at Facebook stuff. Grow up, get a life and get some class. You are a disgus ng old man; yourealize the median age that you hang out with is like 29, right? You are disgus ng.

Exhibit X

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 5:51 PMTo: Sam TabarSubject: Re: I just saw more stuff... I'm done because I'm done with you. I was just laughing showing my friends this stuff. Don't worry!

But, seriously, get some real friends...

On Mon, May 27, 2013 at 5:49 PM, Sam Tabar <[email protected]> wrote:You're really too much. Not everyone has to be perfect to be friends.

Please stop stalking, Angie.


> Sam, you are such a loser. I cannot believe that I wasted 21/2 years on you. There is nothing in your world that I envy or want.Jesus, you are most definitely pathetic.>> Scarlett is a common tramp. She has bad selfesteem and a pathetically lonely person.>> Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows how your tastehas most definitely fallen to new lows.>> Jessica looks mousey. Her lingerie is ugly too.>> Celeste is a troll. Anyone doing what she does at her age is a loser.>> Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.>> These are the people you choose to hang out with, give your time and associate with. You mirror these people. I have neverbeen so turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser. I wouldn't hire youeither... you know, people do look at Facebook stuff. Grow up, get a life and get some class. You are a disgusting old man; yourealize the median age that you hang out with is like 29, right? You are disgusting.

Exhibit Y

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 8:09 PMTo: [email protected]: Reminder You are such a loser. I cannot believe how much you fooled me, but I'm super happy your poison no longer exists in my life. Everyone who truly knows you despises you. You are a fake and a con. Your soul is dark and ugly... just like the whores in yourpathe c life. Can you believe you are in your 40s hanging out with sluts in their 20s? Loser. Now, I'm done and feel be er that you know how I truly feel about you. And I'm happy that I now see the real you. Sent from my iPhone

Exhibit Z

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 5:53 PMTo: Sam TabarSubject: Re: I just saw more stuff... BTW, are you going to Thailand? I didn't think so...

I'm trying to think of other places you can seek out 20 year old "friends", but can't think of any.

You need some deep, spiritual attention. Like, yesterday.




> Sam, you are such a loser. I cannot believe that I wasted 21/2 years on you. There is nothing in your world that I envy or want.Jesus, you are most definitely pathetic.>> Scarlett is a common tramp. She has bad selfesteem and a pathetically lonely person.>> Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows how your tastehas most definitely fallen to new lows.>> Jessica looks mousey. Her lingerie is ugly too.>> Celeste is a troll. Anyone doing what she does at her age is a loser.>> Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.>> These are the people you choose to hang out with, give your time and associate with. You mirror these people. I have neverbeen so turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser. I wouldn't hire youeither... you know, people do look at Facebook stuff. Grow up, get a life and get some class. You are a disgusting old man; yourealize the median age that you hang out with is like 29, right? You are disgusting.

Exhibit AA

From: Angela Kovalesky <[email protected]>Sent: Monday, May 27, 2013 6:02 PMTo: Sam TabarSubject: Re: I just saw more stuff... Well, good. At least you have one person in your life with some substance. Oh wait, I'm not in your life anymore. It's ok, goodnessdoesn't stick to you, so just hang with your hood rats.

On Mon, May 27, 2013 at 5:59 PM, Sam Tabar <[email protected]> wrote:Yeah. You're really an enlightened nonjudgemental person yourself. You are totally spiritually accomplished. I admire you somuch Angie.


BTW, are you going to Thailand? I didn't think so...

I'm trying to think of other places you can seek out 20 year old "friends", but can't think of any.

You need some deep, spiritual attention. Like, yesterday.




> Sam, you are such a loser. I cannot believe that I wasted 21/2 years on you. There is nothing in your world that Ienvy or want. Jesus, you are most definitely pathetic.>> Scarlett is a common tramp. She has bad selfesteem and a pathetically lonely person.>> Emilie has the ugliest nose and hands that I've ever seen in my life. That you even like any of her ohotos shows howyour taste has most definitely fallen to new lows.>> Jessica looks mousey. Her lingerie is ugly too.>> Celeste is a troll. Anyone doing what she does at her age is a loser.>> Kimberly is a fat slob. That you even like looking at naked photos of her shows how gross you are.>> These are the people you choose to hang out with, give your time and associate with. You mirror these people. Ihave never been so turned off in my life by someone that I used to love. You disgust me. You are a 41 year old loser.I wouldn't hire you either... you know, people do look at Facebook stuff. Grow up, get a life and get some class.You are a disgusting old man; you realize the median age that you hang out with is like 29, right? You are disgusting.

Exhibit BB

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 3:04 AMTo: [email protected]: Jeremy I will be contac ng your lawyer later about a few things. I'm telling you this so you have a heads up and don't go crazy when hetells you I've contacted him. I s ll think you're trash and u erly pathe c. Get your fucking shit together. You are a fucking punch line; to me, to Celeste andeveryone else in your life who used to respect you. I can't imagine that this isn't your bo om... I'm embarrassed that we werein a serious rela onship. I mean, do you have no self‐respect? You are looking for things in all of the WRONG places. I havenever been more ashamed of anyone in my en re life. I'm serious. I swear on your father that this is true. Get. It. Together. Stop being so fucking average. You're not. I have zero respect for you right now. Zero. I know this soundsmean, but everything about your life is disgus ng; the parts that you can control more than the parts you can't. What is wrongwith you?!?! It's not cute, Sam. If I need to be the bad guy and be truthful, so be it. I am u erly flabbergasted at how lame your life has become. You are embarrassing. I can't believe that the person I cherishedmore than anything is such a loser... Fix your fucking life, and don't tell me you're trying when clearly you are pu ng peoplewho are so fucking lame around you! I am shocked. If you want to have a real conversa on, you can email me back, otherwise do not bother. You know that I have very strictstandards on those I put in my life, and the person you are now does not make the cut. I just can't stop thinking about howpathe c you've become... and I'm not sad because I'm so shocked. You know that I'm always honest with you, so CHANGE anddo yourself a world of good. Sent from my iPhone

Exhibit CC

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 3:46 AMTo: Sam TabarSubject: Re: Where are you going? Sent from my iPhone On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote: > Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me thatyou would. You promised.>> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and haslife ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares cometrue.

Exhibit DD

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 3:48 AMTo: Sam TabarSubject: Re: And don't lie to me. I'll find out the truth. Sent from my iPhone On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote: > Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me thatyou would. You promised.>> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and haslife ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares cometrue.

Exhibit EE

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 3:52 AMTo: Sam TabarSubject: Re: You should really fucking answer me. And with the fucking truth. Sent from my iPhone On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote: > Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me thatyou would. You promised.>> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and haslife ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares cometrue.

Exhibit FF

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 3:57 AMTo: Sam TabarSubject: Re: lol, you're fucking with me again, aren't you?! You never learn, do you? Sent from my iPhone On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote: > Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to me thatyou would. You promised.>> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and haslife ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares cometrue.

Exhibit GG

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 4:03 AMTo: Sam TabarSubject: Re: Well, something is up because your phone has been off for more than 24 hours, so I'll assume you're lying like usual. Sent from my iPhone On May 28, 2013, at 3:57 AM, Sam Tabar <[email protected]> wrote: > Fucking Singapore asshole and then back to Hong Kong>> On May 28, 2013, at 3:52 PM, Angela Kovalesky <[email protected]> wrote:>>> You should really fucking answer me. And with the fucking truth.>>>> Sent from my iPhone>>>> On May 28, 2013, at 3:37 AM, Sam Tabar <[email protected]> wrote:>>>>> Angela do not play with fire. This is my life and has real life me ramifica ons. You cannot go there. You commited to methat you would. You promised.>>>>>> I am leaving on a flight soon. I am now in nervous convulsions because you are fucking with me in this. This is major and haslife ramifica ons Angela. Do not do this at this last minute. I know you were going to for this. Do not make my nightmares cometrue.

Exhibit HH

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 4:31 AMTo: Asshole And why would common, trampy Scarle block someone like me on Facebook unless you said something to her? You be erwatch your fucking self, asshole. That I am very fucking serious about. I'm not like your other exes. You talk shit about me, and Iwill fucking bring it to you like no one else. I could care less about you and your nobodies, so watch it. I am not protec ng usanymore, so you have nothing to worry about. I will launch no preemp ve strike, but I will always protect myself... Know that. Sent from my iPhone

Exhibit II

From: Angela Kovalesky <[email protected]>Sent: Tuesday, May 28, 2013 9:06 AMTo: Sam TabarSubject: Peace I don't know if you want this, but you have my friendship right now. I know how hard this must be for you, and given the sort ofpeople in your life, I feel bad abandoning you when you might need me.

So, let me remind you of a few things...

You are one of the most competent people that I know. You have a skill set that not many share. Remember your strengths andalways highlight them. You are very charming, so just back it with as much confidence as you can muster.

Take down everything that has to do with parties and Burning Man from your Facebook page. If you have any professional thingson your wall that are worth mentioning, make sure that they are public. You do not have a partner/wife, so people want to feel likeyou're stable and grounded... they look at this stuff, and it makes a difference. Believe me, I know.

Continue to make sure you are organized... both in your hotel and before meetings. Get lots of rest and concentrate only on thepossibilities that are in front of you. If life around you is organized, your mind will be too.

Most of all, remember you are the best the best in the west.

Good luck tomorrow.

Exhibit JJ

From: Angela Kovalesky <[email protected]>Sent: Wednesday, May 29, 2013 5:46 AMTo: Sam Tabar If you don't respond back to this, I'm contacting your brother or your parents. I want to skype. When can we do that?

Exhibit KK

From: Angela Kovalesky <[email protected]>Sent: Wednesday, May 29, 2013 7:11 AMTo: Sam Tabar I just emailed your brother. Please tell him to check his Facebook messages. Sent from my iPhone

Exhibit LL

From: Angela Kovalesky <[email protected]>Sent: Wednesday, May 29, 2013 8:13 AMTo: Sam TabarSubject: Jeremy He will be emailing you today to talk about the confidentiality agreement. I want him to add something stating that if you talk aboutme to others, about this situation or anything else in a derogatory way, I will have just cause to bring you to court.

And let me break it down for you more...

You have no right to lie to others about me forcing them to block me on Facebook. The only person that would have done that isyou, which means you are assaulting my person and my reputation because of the domestic violence that occurred fin February.

I will be allowed to take you to court if I sense this is continuing. I will subpoena Scarlett and anyone else necessary.

Thanks for your cooperation. I'm looking forward to this being over. This is the paperwork I was telling Karim about, so just takecare of it in advance of your court date please.

Angela

Exhibit MM

From: Sam Tabar <[email protected]>Sent: Thursday, May 30, 2013 2:59 AMTo: Angela Kovalesky Angela, please leave me alone. I am done with Singapore. I am gonna have down me with myself and friends. I am going totake it easy for a few days. I am going to zone out and be ac ve and healthy. Legally, if you want to screw my life up, that's your call. Shame on you if you do. Shame on you. Jeremy spoke to me and I'm happy to give you what you want. It's ridiculous to think I'd spread that around. Lastly, it's totallyout of line to email Celeste. Please stop screwing around with other people's lives. Just stop it. Leave me alone. I am notbugging you or sending messages to your friends etc. I am not trying to get involved in your life. Leave me alone.

Exhibit NN

From: Sam Tabar <[email protected]>Sent: Thursday, May 30, 2013 9:08 AMTo: Angela KovaleskySubject: Re: Angela, there are massive ramifications for me if you pursue this. Jeremy has informed me of the ramifications. If you do this, Iliterally will never be able to get a job because it will be on public record. You can go to Burning Man, do anything you want. Just let's leave each other alone. If you want a financial compensation aboutsomething, we can do that. BM is a public event and I am happy to stay away from you. PLEASE DO NOT DO THIS, I BEG YOU. PLEASE DO NOT FUCK MY LIFE UP. STOP THE TORTURING ME,PLEASE!!!!!!!!!!!!!!

On Thu, May 30, 2013 at 4:13 PM, Angela Kovalesky <[email protected]> wrote:I will be pursuing a partial order of protection. I will ask for it to extend throughout the summer since you've threatened me aboutBurning Man. I can't have you there under those threats. I just cannnot. I'm sorry. I know that you've wanted to go this year, but Ineed to take your threats seriously.

Have fun in Bali. I'll talk to Jeremy, no sweat, but I'll probably be getting my own lawyer from now on.

On Thu, May 30, 2013 at 2:58 AM, Sam Tabar <[email protected]> wrote:Angela, please leave me alone. I am done with Singapore. I am gonna have downtime with myself and friends. I am going to take iteasy for a few days. I am going to zone out and be active and healthy.

Legally, if you want to screw my life up, that's your call. Shame on you if you do. Shame on you.

Jeremy spoke to me and I'm happy to give you what you want. It's ridiculous to think I'd spread that around. Lastly, it's totally outof line to email Celeste. Please stop screwing around with other people's lives. Just stop it. Leave me alone. I am not bugging youor sending messages to your friends etc. I am not trying to get involved in your life.

Leave me alone.

Exhibit OO

Exhibit PP

/

F.C.A. 812,818,821

FMOLY COURT: STATEOFNEW YORK.COlJ'NTY OF laNGS .•-- ---..----~---.;.-_:-.:.~~-~ --'" --~-----.--:..... --XAngeln Kovalesky (3/26179),

Petitioner,

-aglM:<l-

Samir Tabar (6/12172),

Respondent.- - - ----- -----..- - - --- - --~..XTO THE FAMILY COURT:

Fonn 8-2(Family Offense Petition)

'F~le'NO.:, 207 f/i'vDocketNo.: ()~7(' J~'

FAl\1JLYOFF,ENSE PETITION

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The w;tdersigned.Pe4,tio·ner, respeqtfuily shows t,hat:

" l.p~titioner; An8'elaK~~aie~k)', l'I';;40s at, 808Dri~ Ave'l.1.fe, Apt4E~", , Brooklyn" NYU21L " , '.'. .,.''. ' .

2.Respondent, SmnirTabar,resides il:l an unknown address.

3.Upon informatioD and belief the Respondent who is in Iln intimaterelationship with the Petitioner cotntnj.tted an act or acts, wh.i.ch constitute:(disorderly conduct) (aggTavatcd harassment in the second dem~;;;;'=-:(harnssmentin the fir~t degt"Q) (barassmen~in tile seco eel (mcnacittgin the second degree) (menacing in the third degree! 'eckli:ss endangennent)(assault in the second degree) (assaultiu the third degree) (attempted assault)(sWking in tbe first degree) (smlking in the $econd degree)(stalking in thethird degree) tsfAliCll1g In llie IIJWIJ' ue~~~) (criwincl ""i,~.l'.l (.~"".,

misconduct) (forcible touching) (sexual abuse in the third degree) (sex\llIlabuse in the second degree) (criminal obstrl1ction ofbte'athing Or blood..iJ;culation) (strangulation in the second degroe) (strangulation in the firstdegree) toward Petitioner, in that:

In reverse cbronologi..lIl order;(a) On or about Febl'UEliy 7tb, zon, at Petitioner's apartrocnt, Respondent

punched Petitioner with a clos~d list in Petitioner's arms and legs,kicked Petitioner repeatedly, head.b\ltled Petitioller in the ribs, ;,pit onPetitiol\er and strangled Petitioner with Respondent's lorellI1l:l Wl!il'Petitioner could noi breathe. Petitioner called 911 atabout2:30arninunediately following i:his attack, at which point Respondent left

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4.The following aggravating circumstances, if any, are present in thiS case;

A. Use ofa dangerOus lns,trUment against petitioner by the ReSp6ndent, .

B. History of;e;peated vioiations ofbrdersofprote~tiori by the Respondent,

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C. Behavior Md occUrrences which cpnstltute an immediate and oUgoing .-.•dRAgee to the Petition'lt. • . '

1.Upon nuonnClhorl "Cla. bohU, \11. l~li6"1\'ld!.t '1'ldmYJ, JII'IIWI'lJ;nOw.c>.1 or j '",:n..1]COt1rt proceedings involving the ,re"'Pondent have been filed:

.None/not applicable: . , .... ,

5.Indicate whether a previous application has beenm3de to any court qr judge .•for the relief' requested herd.ll and, usc, therelier, liMy,granted and the dateof such relief: . .

.·6, (Upon in:foJ;IUation<Ulc:f~elief).riispond.entis licensed o~ksa, licenseapplication pending to carry, possesS,repail:, seU orcifuerwise dispose of thefolJowilili:'llrearms [ifknown, specifytypc offirean:ns, type ofliClmSe(s), dateof issuance oflicensees) and expiration datc(s), whether license has beensuspended or revoked and, ifso, the date ofsu,cllaction and. ifnot curi:entlylicenscd, whether licen.seappUeation ispcnding]:

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. NQnc/notapplicable .... :. .;, .... , .

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None/not applicable .

7.(Upon information and beli~±) Respondep.tis in possession oftl:!~i9ll()wing .'.lioeo.ses and unlicensed:fi:reaJ:mJl [specifynlimber and.type6f~an~ .'whether licensed or unIicepsed,ifk.npwil]; " '"

, None/not applicab!; . '::".' '

8.(0pon iuforination and belief) There is ,subshmtial risk that ti::spondentinay .use or thl'caten to use a fuc;ijffi1llJl1awfully llgainst petitioner (and members ofpetitioner's family or household) for the following reasoDs:

None/not applicable

WHEREFORE, petitioner prays

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XERWCAIIONP~tionet, being duly sworn, ',says that she is the Petitioner in the above entitledproceeding. and that the foregt/fig petition Is 1nle,"to her ,own' knowlodge, except ll,'l tomatters therein stated tobell.lleged on information and belief and totb,ese matters shebeHeves it to be trui:.' " .

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On the 25th day of June 2013, before me petsol1Jl!ly camcPetitiouer, to me,known to be the indh'idua.! described and who executed the foregoing f~y o(rensepetition, and ac,knowledged that she executed said family offense petition.

NOTARYPUBLIC

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i PlIg.~ 2:DOl:UI No: O~I7'G3~'M~

GPj 11201U

lib tu.rther ordered thaI this lempOl'lllj' order ofprOl.<:lioo ~hall re,nain in foreo until and including Augost 05, 2013;but ifyou./lill to appolll"in. oourt 011 this d~lO, the order mtly be extended and contInue in effeclll1llil 0 lI~W date ~et by the Court.

[02J ~fr~ill jj't,m assoul, s"'lking,hl1l'U>smen~ "W""",.d hfJr"SmOll~ m01lO.Oing, rockloss endangom"m~s=gulatlon, criJuinal obstructioll ofbrc.lhing or clrculation, disorderly cond"c~ crilnin.1 mi.cW.J; .OXllal abu'e,s=1 misconduct, forciblo touching, intimidation, threat'! or any criminal offillUe agnlnsl Angola Kovalosky(DOB: 03/26/1979);

ENTltR

Hunutable William Fl'Anc Perry

Jun~ 25, 2013Doted:iIIII,

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The FamIly Court Act provides that presentlltion ora copy ofthis order ofprotection to My police officer or pCllC~ offiCilTacting punll""t to hi. or her specilll duties IUlthonzcs, and somelim•• requil'c., tho officer to mcst • perjon who is oJIeged to .have violatod its terms and to bring him or ber befor. the court to fuc~ pctmltiesauthorized by law,

Yedoralluw requlr.. thai this order i. offcctivo owidc, os well 05 insIde, New York Slale. It must be hOllQ..d andenforoed by state and 1rlba' court~, includi.ng courts ofa stale, tho District ofColumbia, a commonwolllth, territory or posses'i~ll

ofthe Utiited State.. lfthe poIson r<:,tr'lnod by tho order is an intimate portner oflhe prote<led party WId hlls or will be affordodressooable notioeand opportunity to bo heord in aeoordonee with state law sufficient to protect duo proc.ss right. (18 U.S.C.§§226S, 2266).

It I. 0 redero) crIme to:

• oro.. state line. 10 violnto this order or to stalk, lwa;I,or commit domestio vio lenoo agninsr IIfi inrimote porrn.r Or family momber;- b\l.tl p~"~'.!I5J G. a"U~ftJ' lI. !::Ll:I.a!J.y,ur.L11"1,,_/ 'r'ln'IU'III, '" ,,11,.. , Ii"".. III 'III "",",,,":1 :........·hilt:! thb Ordur ttlIrtlLinO' .in Cltl'8." f.t'tat.1 ~Ii'n

Is a limited exception form1lilor)' or law cnforcelllOllt offioer. but <only while they ore on duty) : and• buy, possess or trllllSfer 0 handgun, rifle, shotgutl or other firelUIll or aaununllion after 0 eOoviotlon or. domesticvlolenc.o..latod orfrne involviog the use or attempted use ofphy,ical forea or 0 deadly weapon ogainst on intimale portner orfamily member. even after this Order h.., expired (18 U,S,C, §§922(g)(8), 922(1)(9), 2261, 2261 A, 2262).

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PURSUANT TO SECTION 1113 OF nm FAMILy C01JR.T AC;t, AN APPEAL FROM D1IS ORDER MUST BE TAKI!NWllHIN 30 DAYS OF RECEIPT OF THE ORDER. BY APPELLANT IN COURT, 3S DAYS FROM THE DATE OFMAILING OF THE ORDER TO APPELLANT BY nlE CiEro:: OF COURT, OR. 30 DAYS AFTI:m. SERVICE BY APARTY OR THE AHORNEY FOR THE CHll.D UPON THE APPEI.LANT, WHICflEYER IS EARLIEST,

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Exhibit QQ

Exhibit RR

Exhibit SS

Kovalesky v Tabar Answer

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Transcript of Kovalesky v Tabar Answer