Thursday, January 15, 2009

How To Sniff Out A Frivolous Lawsuit.

Here at AB.com, we try to teach you guys how to tell a scam from the real deal, and how not to get Grand Hu$tled.



Consider this story a case study in Frivilous Lawsuits.
Knicks center Eddy Curry was slapped with a shocking sex-harassment suit Monday by his former driver, who claims the 6-foot-11 hoopster tried to solicit gay sex from him.

The stunning court papers claim Curry, a married father of three, repeatedly approached chauffeur David Kuchinsky "in the nude," allegedly telling him, "Look at me, Dave, look" and "Come and touch it, Dave."

Curry also made Kuchinsky perform "humiliating tasks outside the scope of his employment, such as cleaning up and removing dirty towels [Curry had ejaculated into] so that his wife would not see them," the Manhattan federal court suit says.
Look, I'm not about to stick up for Eddy Curry. Once considered the second coming (no pun intended, yuck) of Shaq, Curry squandered his considerable talent by spending too many evenings at Harold's Chicken and not enough time on TrimSpa the elliptical trainer.



In a short career, Curry (who reportedly once tipped the scales at 350 pounds) has gone from #3 overall pick, to bloated budding All-Star, to career threatening heart ailment, to free agent sweepstakes winner, to overweight disappointment, to budding slimmed-down all-star, and back to overweight disappointment who can't even get off the bench and would be released if the team didn't owe him so much money.

But secretly gay? C'mon now. Let's take a closer look at the allegations and the shady character making them.
Kuchinsky, who is straight and Jewish, also alleges racial discrimination, saying that Curry hurled slurs at him including "f---ing Jew," "cracker," "white slave," "white devil" and "grandmaster of the KKK."
For the 100'th time, black people, circa 2009, do not use the word "Cracker". Period. What is this, The Jeffersons? Sanford & Son? A Chris Rock routine? The Sunday sermon at TUCC?!?
Kuchinsky further claims in his suit that Curry pointed a "fully loaded" gun at him on at least two separate occasions to keep him from complaining about his treatment.

"Look, I have one in the chamber," Curry allegedly said.
Okay, who the hell lets a grown man point a loaded gun at them on "two separate occasions", yet keeps coming back to work? Makes sense to me too.
Kuchinsky, who worked for Curry from October 2005 through October 2008, says he was initially hired as an around-the-clock chauffeur for Curry and his family at their Burr Ridge, Ill., mansion.

But shortly after starting work, he soon found his duties fell well outside his job description and "progressively became Curry's "house-boy,'" his suit says. He is seeking $98,000 plus compensatory damages from the injured Knick, whose contract pays him $9.4 million this year.

Kuchinsky says he is owed $68,000 in unpaid wages, as well as $25,000 in expenses for which Curry never repaid him.
The real giveaway... $25,000 in unrecouped expenses. Seriously? What chauffeur has $25,000 just lying around that they can ring up without getting comped?

But here's the clincher.
"Instead of paying him, they discriminated against him, figuring that it would keep him there," said Kuchinsky's lawyer, Matthew Blit. "Imagine going into your boss's office ... and he stands up and drops his pants and he asks you take care of him. Those actions are unacceptable whether it's in a corporate office or a private home."

Curry, who has played just 2 minutes, 38 seconds this season because of knee injuries, declined to comment late Monday in New Orleans, where he was expected to sit out the Knicks' game against the Hornets.

His lawyer, Kelly Saindon, denied all of Kuchinsky's allegations, calling them "absolutely untrue," and saying he began making a series of claims for unpaid wages several months ago, upping the ante each time.

Saindon said Curry took a chance on hiring Kuchinsky despite a criminal record that includes a three-year prison sentence for a 1992 burglary in New Jersey. He also got three years' probation in a 2004 resisting-arrest case in the Garden State, records show.

"It's shocking that Eddy opened his home to a convicted felon out of prison, and gave him a job when he couldn't find a job, and this is what comes out of it," she said. "The entire thing is preposterous."

Kuchinsky's lawyer conceded his client's "troubled past," but said that was all behind him.
Uh, yeah, the guy's a jailbird too.

At the root of all this is probably some petty argument that resulted in this poor sap getting fired, and yeah, probably stiffed for a paycheck or two. Curry, rightly or wrongly, told the guy to kick rocks when he came back for additional money, and now, this ex-con, desperate for money, goes all the way there and plays "The Race Card", calls the guy a DL brotha, and says his life was threatened. And we all know the easiest way to extort a quiet settlement from a black man is to publicly question his manhood.

Funny how all this stuff happened, but Kuchinsky still kept showing up to work for 3 years. I know a Frivolous Lawsuit when I see it, and I call bullsh*t.

Eddy Curry ain't the most sympathetic victim, but getting your name in the paper behind this sorta bullsh*t is uncalled for. He should slap this moron with a defamation countersuit.

And the DA should take Kuchinsky's case and drop it like it's hot.

Question: Why do people like Kuchinsky think they can make such baseless, and obviously hollow claims without fear of any retribution? Are courts obligated to hear such cases? Is Curry The Biggest Bust (literally) of that infamous 2001 NBA Draft, or is Kwame Brown still badder?

KNICK SLAPPED WITH SEX-HARASS SUIT [NYPost]

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