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COOK COUNTY RECORD

Thursday, March 28, 2024

Lawsuit voluntarily dismissed by brother who sued sister over defamatory comments

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A lawsuit which had been brought by a man against his sister and her husband for allegedly making false statements about him has been voluntarily dismissed.

Allan Migdal had filed a lawsuit Oct. 9, 2013, against Rayna Migdal Joseph and Mitchell Joseph in Cook County Circuit Court, citing defamation per se, tortious interference with expectancy and breach of fiduciary duty.

According to Cook County court records, the lawsuit was voluntarily dismissed without prejudice on June 22, 2015.

The complaint alleged on April 30, 2010, Allan Migdal and Rayna Migdal Joseph's father died, leaving Rayna to serve as executor of the estate. According to the complaint, prior to their father's death, Earl Migdal owned Tower Financial LLC.

In 2005, Earl established three CDs in the amount of $100,000 separately naming Ronald Migdal, Rayna Migdal Josheph and Allan Migdal as beneficiary. At the time of Earl's death there was an outstanding business loan of Tower to Chicago Community Bank in the amount of $500,000 that used the CDs as collateral to secure the debt.

According to the complaint, prior to their father's death, Rayna and her husband Mitchell took control of the day-to-day operation of 1925 West Potomac LLC, a company Earl started for the purpose of developing condos.

After his death, the loan went into default and Allan alleged Rayna knowingly allowed the loan to go into default to force Allan's CD to be liquidated to pay off the debts.

Allan also alleged that on April 13, Rayna sent an email to Michael Newman stating untrue statements that Allan was only employed by Tower because of his father, could not maintain other employment because of his incompetency and unprofessional behavior, that Allan's incompetency continued to cost Tower thousands of dollars, that Allan defrauded Tower by allowing his secretary to hold herself out as Tower's CEO to Hispanic clients, and that Allan attempted to cheat the company and his father at every opportunity, among other statements.

Migdal had sought compensatory damages of $100,000 and punitive damages of more than $1,000,000. He was represented in the case by attorneys David A. Novoselsky and Edward J. Stawicki of Novoselsky Law Offices.

Circuit Court of Cook County Case No. 2013L011209.

This is a report on a civil lawsuit filed in the Circuit Court of Cook County. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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