AC46350 - Prescott v. Gilshteyn ("The defendant, Yuliya Gilshteyn, appeals from the judgment of the trial court granting the application for a prejudgment remedy filed by the plaintiff, Keren Prescott, upon findings of probable cause that the defendant committed a civil assault and battery against the plaintiff, that the defendant intentionally inflicted emotional distress on the plaintiff, that the defendant maliciously and intentionally harassed and intimidated the plaintiff by spitting in the plaintiff's face and that her actions in doing so were motivated, in whole or in substantial part, by the plaintiff's race. On appeal, the defendant claims that the court (1) improperly determined that the plaintiff was entitled to a prejudgment remedy in the amount of $295,239.60, (2) abused its discretion in permitting testimony from the plaintiff's expert concerning the racist import of certain statements made by the defendant, and (3) committed plain error in granting the plaintiff's application for a prejudgment remedy in a case involving freedom of speech and first amendment principles. We disagree and affirm the judgment of the court.")