Judge Rejects Yeshiva Torah Temimah’s Settlement Offer In Kolko Child Sex Abuse Lawsuit

A Brooklyn judge has rejected Yeshiva & Mesivta Torah Temimah Inc's attempt to settle a civil lawsuit against it brought by a boy who was allegedly sexually abused by Rabbi Yehuda Kolko, a serial child sexual abuser who was one of Torah Temimah’s teachers. Supreme Court Justice Jack Battaglia denied Torah Temimah’s motion to enforce a confidential settlement agreement signed by the parents of the alleged victim on February 15, 2011.

Rabbi Yehuda Kolko, right, near Brooklyn Criminal Court 1n 2011

Originally publised at 8:45 pm CST 1-24-2013

Judge Rejects Yeshiva Torah Temimah’s Settlement Offer In Kolko Child Sex Abuse Lawsuit
Shmarya Rosenberg • FailedMessiah.com

A Brooklyn judge has rejected Yeshiva & Mesivta Torah Temimah Inc's attempt to settle a civil lawsuit against it brought by a boy who was allegedly sexually abused by Rabbi Yehuda Kolko, a serial child sexual abuser who was – and may still be – one of Torah Temimah’s teachers.

Supreme Court Justice Jack Battaglia denied Torah Temimah’s motion to enforce a confidential settlement agreement signed by the parents of the alleged victim on February 15, 2011, Thomson Reuters reports.

The parent’s changed their minds shortly after signing the agreement, claiming they signed it under duress after facing extreme pressure from the yeshiva. The parents say that among other forms of pressure, a Torah Temimah rabbi told them that they would "bankrupt" the yeshiva and destroy it just the way "the Nazis (have) destroyed" the "yeshiva in Europe," the judge’s ruling noted.

"The court cannot say on the record presented that the refusal of (plaintiff)'s parents to proceed with the settlement in accordance with the Feb. 15, 2011, settlement agreement is unreasonable, arbitrary and capricious," Battaglia wrote in a ruling Wednesday.

The lawsuit is one of several filed by alleged victims and their parents against Torah Temimah, the ruling reportedly notes.

The case was brought in 2006 by a boy who allegedly was abused by Rabbi “Yehuda” Joel Kolko during the 2003-2004 school year when Kolko was his first grade teacher.

The lawsuit accuses Torah Temimah of negligence in the hiring, supervising and retaining of Kolko – who had long track record of alleged child sexual abuse that Torah Temimah allegedly ignored – along with breach of fiduciary duty.

Torah Temimah’s lawyers argued that the parents had signed a valid agreement and that there was no duress. They asked the judge to order an infant compromise which would allow the judge to approve a settlement the parents signed but then walked away from. An "infant" if defined by law as a person under the age of eighteen. In New York State, an infant’s lawsuit can only be settled with a judge’s approval, even if the child’s parents agree to the settlement. An infant compromise is a judicial hearing at which the judge reviews the proposed settlement and agrees or disagrees with it. He can order or suggest modifications in agreements he doesn’t like, or he can simply reject them.

Battaglia rejected Torah Temimah’s request, ruling that the settlement "might well be found to be in the infant plaintiff's best interests, but that is not the standard for a settlement contrary to the judgment of the infant plaintiff's parent and counsel," meaning that viewing the settlement as being in the best interest of the child is notenough to overrule the wishes of the child’s parents and attorney.

Kolko taught a first-grade at Torah Temimah. He was indicted in 2007 by the Brooklyn DA on child sexual abuse charges. The victims were former students of Kolko’s who were still young minors.

In 2008, Kolko was offered a plea deal by the Brooklyn DA that allowed him to plead guilty to two counts of endangering the welfare of a child. The charges were misdemeanors, meaning Kolko did not have to register as a sex offender. He was sentenced to three years' probation.

The father of one of the victims told the Jewish Week after the plea deal was approved that he had been manipulated by prosecutors and tricked into agreeing with it.

The DA claimed the sweetheart plea deal was necessary because the victims’ parents had decided not to allow their sons to testify in court.

That parent disputed the DA’s claim and said that his son was willing and able to testify.

Kolko was rearrested in 2010 after that boy accused him of violating an order of protection that barred Kolko from interacting with the child by glaring at the boy and his father as they walked on a Brooklyn street. Kolko was acquitted.

Thomson Reuters was unable to determine if Kolko is still employed by Torah Temimah.

Comments

[Expatriate Owl]

The Judge's whole megillah is here:

http://www.nycourts.gov/reporter/3dseries/2013/2013_50097.htm

[Bob Guthrie]

http://goo.gl/mKqL ^.^

[Jake]

Kolko has an expensive attorney.
Avraham Moskowitz from Moskowitz and Book. $650 an hour and he had another attorney as well. It is amazing what rebbes can afford.

[YTT - Agudath Israel - Torah Umesorah - A Partnership Made in Hell]

Yeshiva Torah Temimah - Agudath Israel of America - Torah Umesorah - A Partnership Made in Hell

Excerpt from the Decision:

Defendant [Yeshiva Torah Temimah] also submits the Affirmations of six individuals (Roy Lubit,

[Rabbi] Lipa Margulies [Founder,Dean and Owner of Yeshiva Torah Temimah who employed and protected Kolko for 37 years],

[Rabbi] Yaakov Applegrad [Administrator of Yeshiva Torah Temimah],

[Rabbi] Shlomo Gottesman [Head of Torah Umesorah and a suspended lawyer],

George Weinberger [Chairman of Agudath Israel of America and of the board of Yeshiva Torah Torah Temimah and of Torah Umesorah],

and Rabbi David Ozeri [Sephardic rabbi affiliated with Agudath Israel of America]),

who presumably have religious objections to the oath.

However, in order for such an affirmation to be admissible, it must be made before a notary public or other authorized official. (See CPLR 2309; Jacov K. v United Lubavitch, Inc., 30 Misc 3d 1213 [A], 2011 NY Slip Op 50060 [U] [Sup Ct, Kings County 2011].)

[kolkata]

By: Rebecca Solnit

“Here in the United States, where there is a reported rape every 6.2 minutes, and one in five women will be raped in her lifetime”

“though a rape is reported only every 6.2 minutes in this country, the estimated total is perhaps five times as high. Which means that there may be very nearly a rape a minute in the U.S. It all adds up to tens of millions of rape victims.”

“Secretary of Defense Leon Panetta estimated that there were 19,000 sexual assaults on fellow soldiers in 2010 alone and that the great majority of assailants got away with it”

http://www.huffingtonpost.com/rebecca-solnit/violence-against-women_b_2541940.html

Does anyone know about these 10s of millions 'forcefully raped' here in the USA yearly! are they getting the 103 treatment to! or is that a 'Jewish special' traetment we get out of love!

[mike]

To the young man and his family who courageously stood up for "tzedek," and who came face to face with evil:
As a teacher who, regrettably, once worked at Yeshiva Torah Temimah with this molester, I apologize to you.
On behalf of all the justice-seekers and G-d fearing people who are watching from the sidelines, I apologize.
On behalf of all the caring, concerned Rebbis and teachers whose hearts scream in pain for not knowing, and for not protecting you, I apologize.
Some of us watch in silence, some are not so silent, but we are all so very, very sorry for your pain, and so utterly horrified by the terrible injustice perpetrated by this molester, by his enablers, and by the so-called "justice system."
Despite the ridiculous verdict and despite the distorted conclusions reached by people in positions of power, please know that those of us who understand the reality of what happened to you will continue to support you and fight for all children who have been victimized.
You have bravely led the way in refusing to be intimidated, and for that we admire your resolve and are most grateful.
All of us have learned a lot from you, so please don't look at this latest setback as a loss, but rather as just one part of a very difficult and challenging obstacle course.
It is a road of rough hurdles that will ultimately serve to illuminate the corruption and hypocrisy within the broken yeshiva system and willfully ignorant communities. It will highlight what must be done to prevent what happened to you from happening to other innocent children. We are all learning, thanks to YOUR courage and refusal to back down, to protect our families against abuse. Yesterday, despite the years of shameful cover-up and lack of transparency, you proved that you have what it takes to confront evil. May we all learn from you! You are a remarkable young man! Indeed, you are my new HERO, and you are a HERO to many who are cheering you from the sidelines. Your parents, surely, are to be admired and commended, too! Congratulations for doing the right thing. Let us all continue to fight the fight......

[Better than you]

Mike
And now that your done dumping a load, please don't forget to flush; you filthy pig!

[Bob Guthrie]

Posted by: Better than you
"And now that your done dumping a load..."

Ah!. A most concise and profound, educated example of truly finessed rebutting verbiage. Demosthenes has nothing on you, my dear lad!. Bravo!.

Such a laureate orator. Oxford?, Cambridge?, Vassar?,...

...Uncle Bubbeh Smuckos' College for Extremist misogynistic rape apologist zealots Chareidi, Oil change and Kosher BBQ grill?. =)

[Better than you]

Bob
Better than all you mentioned: HAREDI YESHIVA!

[put a square into a hole]

Kolko will burn in hell together with Weberman

More than being rapist the both spoke and acted against CHABAD LUBAVITCH!!!!
Weberman instigated the Korf beard cutting
Kolko ALWAYS teased Rabbi Raphel Andrusier a great Rebbe in the yeshivah.
Shmarya beware

[Bob Guthrie]

Posted by: Better than you
"Better than all you mentioned: HAREDI YESHIVA!"

Ah. Also known as "secular kindergarden" (no teaching for regular human social interactions, no knowledge of common technology use, almost or no basic secular teachings, low level thought base, easily swayed by "teachers", crude language skills... and the same common link with "potty" and dirty diapers use).

Got it. Thanks. ^.^