SUPREME COURT COUNTY OF SARATOGA
....................The written notes kept by some attending the seminar, and testimony at oral depositions indicates that Bordell was called evil by Kakretz. Kakretz's present absolute denial of having called Bordell an evil man is not persuasive in opposition. At his oral deposition, he stated that he did not recall using the phrase "evil person" or "evil people" or "evil man" during the speech. Uncertainty under oath at the deposition has become more certain under oath in the affidavit supporting a motion to dismiss. Under the circumstances, what he says in support of this motion lacks credibility.
Date: February 7, 1991
Ballston Spa, New York
|LOREN N.BROWN, J.S.C.|