"Big business can’t be allowed to take advantage of small business, and intentional malice to intimidate a business such as HMG through third parties crosses the line.”
Brooklyn, New York (PRWEB) November 19, 2014
Harel Media Group filed an amended complaint in the United States District Court of the Eastern District of New York on November 4th, 2014 (Case # 14-cv-4015) against defendants Calko Medical Center, The Marcal Group, LLC, Mark Caller and Dr. Robert Kodsi.
The suit alleges that the defendants hired Harel Media Group (HMG) for the development of the Calko Medical Center website and specialized branding and marketing services. Calko Medical Center is a $61 million dollar facility developed by Mark Caller, Dr. Robert Kodsi and The Marcal Group, LLC.
According to court documents, the defendants failed to pay HMG in full for its services despite complimenting HMG’s work as "Appealing, Clean & Professional" in a June 13th, 2013 email marked as Exhibit J, in court documents.
The suit alleges the defendants stiffed HMG, a boutique branding and marketing firm that has provided branding services for industry leading businesses.
The failure to pay HMG’s invoice in full left an unpaid balance of over $80,000. Rafael Harel, the sole proprietor of HMG and representing HMG in court stated, "Big business can’t be allowed to take advantage of small business, and intentional malice to intimidate a boutique business such as HMG through third parties crosses the line.”
The intimidation and malice that Mr. Harel is referring to is in regards to how the defendants have gotten the help of third parties including clergy to harass and intimidate Rafael Harel with the hopes of getting HMG to drop the lawsuit against the defendants, according to court documents.
In addition to the breach of contract claim, the amended complaint now includes counts for harassment, civil conspiracy, defamation and slander, intentional infliction of emotional distress, lost profits and bad faith.
According to court documents, the additional counts arise from the harassment to drop the initial lawsuit as well as the defendants making vicious and unkind remarks about HMG to its business contacts causing losses for HMG in the hundreds of thousands of dollars.
According to a June 13th, 2013 email cited in the amended complaint (Exhibit J), the defendants complimented HMG’s work as "Appealing, Clean & Professional", however they still refuse to pay for services rendered. The defendants have not made it clear as to why they refuse to honor the agreement, according to court documents.
It is a daunting and tedious task for Mr. Harel, who is representing his branding and marketing business pro se in a federal civil lawsuit against the defendants. HMG is going up against a Gastroenterologist, Medical Center, a Real Estate Mogul, and a Real Estate Development & Lobbying firm, all of who are represented by legal counsel.
HMG believes that since it has fully completed and delivered it’s end of the agreement, and has received compliments (Exhibit J, in court documents) from the defendants for services rendered; it is entitled to the full payment as stipulated in the agreement between both parties.
Mr. Harel claims that HMG has requested on several occasions to mediate the dispute with the defendants, but the defendants have not made an effort to mediate. To date, there has not been a notice of mediation filed with the court.
HMG was forced to let its former counsel go, Barry M. Krivisky, an attorney with 4 decades of experience litigating for Phillip Morris. HMG no longer has the funds to retain legal counsel during litigation of the lawsuit and subsequently needed to proceed pro se.
HMG contends that one of the necessities to dismiss Barry Krivisky, was the result of lost business due to the defendants slander and defamation of Plaintiff to HMG’s business contacts. The defendants have not yet filed an answer to the lawsuit and are seeking dismissal based upon jurisdictional issues.