Kevin McClanahan Gang-Star

TRANSCRIPT #071507/07 & 52851/06 July 26, 2007 10:15-10:20 a.m. New York City Housing Court Part H Room 1164B Judge Kevin McClanahan. Kenmore V. Tenant
Line 1; Court Attorney, "He was supposed to serve the opposition papers by today,
Line 2; because he didn't, that's why the tenant wants to dismiss the case. Um he's
Line 3; real weird." McClanahan "RICO?" Court Attorney "He's weird for a tenant."
Line 4: McClanahan "I know how that works. I know what to expect." C.A. "I've
Line 5: seen him here before." McClanahan "Yea, he's been here. O and have
Line 6: Mort see him in Part R." C.A. "Go to Trial Part? Really?, mmm"
Line 7: McClanahan "So" C.A. "I tried to conference it." McClanahan "No I
Line 8: understand. I'm just trying to figure out what I got here. So there was
Line 9: another proceeding." C.A. "Yea, but it was just that, what they did, and Line 10: because the landlord admitted, he agreed that he didn't serve it on time.
Line 11: So whatever the Tenant wanted to do, he wanted more time to put in an
Line 12: Answer, and the Tenant what he said is he wanted to dismiss the case."
Line 13: McClanahan "Okay....Court calls the matter of Kenmore Associates
Line 14: against Tenant. Who's here for the Petitioner?" Roberts "Petitioner, your Line 15: Honor, Dean M. Roberts, Norris McLaughlin and Marcus, 875 Third
Line 16: Avenue New York, New York 10022" McClanahan "Who's here for the
Line 17: Respondent?" Tenant "My name is Tenant, Respondent pro-se 145
Line 18: East 23rd Street, New York, New York,10010."
Line 19: McClanahan "Alright, I understand that there's an initial issue.You have a Line 20: Motion to Dismiss pursuant to at least several RICO Statute and other
Line 21: provisions. There was a Stipulation. I gather Opposition was to be served Line 22: by July 17th." Roberts "That's correct your Honor" McClanahan " And
Line 23: when were they served?" Roberts "They weren't. They were prepared.
Line 24: Because of a mistake of my office, which I'll admit fault, it wasn't served on Line 25: Mr. Tenant." McClanahan "Alright" Tenant "Alright, I Move the Court for a Line 26: Motion to Dismiss for a violation of the Stipulation. McClanahan "Alright, Line 27: your application is denied. Court prefers a resolution of the disputes on Line 28: the merits. I will accept the Opposition. If you want more time to time to Line 29: put in a Reply, you can certainly have that. Please serve your adversary."
Line 30: Roberts "Certainly your Honor." McClanahan "Mr. Tenant, do you want time
Line 31: to put in a written reply?" Tenant "A, yes your Honor. Obviously I need
Line 32: adequate time to review this motion that I haven't received yet.
Line 33: So...obviously for a return date, your Honor, Thursdays are very good for Line 33: me. I work for the Transit Authority and I'm not always able to get days Line 33: off." McClanahan "Alright, today is the 26th. The next two weeks will be Line 33: August 9th, which is a Thursday." Tenant "August 9th? That will be
Line 34: acceptable your Honor." McClanahan "And you can bring your Reply into
Line 35: Court." Roberts "Thank you, your Honor" Court Attorney "What
Line 36: happened?" McClanahan "Yea, it went okay. I gave him time to put in a
Line 37: Reply. He's hung." C. A. "Okay, poor chump"