Norris McLaughlin & Marcus-Fraud

CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : HOUSING PART H
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KENMORE ASSOCIATES, L.P. & : Index # 071507/07 & HOUSING & SERVICES INC. & Norris : Index # 52851/06
McLaughlin & Marcus :
Petitioner, : OMNIBUS
v. : MOTION TO
: DISMISS WITH
: PREJUDICE III
: JURY DEMAND
Tenant, :
:
Respondent. :
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PLEASE TAKE NOTICE, that upon the annexed Affidavit of ____________

, Respondent, sworn to on the 17th day of October, 2007, and upon

all exhibits & papers annexed hereto, the undersigned (respondent) will move this

Court at a Motion term held before Room 1164(b) at the New York County (Civil)

Courthouse located at 111 Centre Street, on the 25th day of September, 2007 at

9:30 A.M. , for an order: (1) That SPECIAL APPEARANCE and/or LIMITED

APPEARANCE be granted to challenge lack of PERSONAL JURISDICTION Book Review, New York Civil Practice, Vol.112 U.Pa.L.Rev. pp. 1222, 1230 (1963)(CPLR § 3211).

(2) That JURY TRIAL be granted for instant motion (CPLR §2218).

(3) Motion to Dismiss for Third Stipulation Violation and Default (No Defense) &
Cross-Motion/Reply be struck for same (untimely).

(4) Motion for Damages under 22 NYCRR §130-1 for continued Perjury and
willful misrepresentation.

(5) Motion to Review Constitutionality of all Laws, Statute and/or Common, stated
or unstated, used to deny Trial by Jury, past, current and prospective.

(6) Motion to Review Constitutionality of Courts Authority to deny Trial by Jury
under State and Federal Constitution.

(7) Motion in Limine preventing Plaintiff/RICO from proffering "documents" lacking

Foundation, Verification, Certification, Notarization and/or Chain of Custody with

Testimony/Proof thereof.

(8) Motion in Limine preventing Plaintiff/RICO from proffering "found", not
Foundation, ex parte "order" regarding Res Judicata at issue (CPLR §3211(a)4).

(9) Motion for Stipulation that Plaintiff/Consiglieri has been convicted of Predicate
RICO Felony (Fraud, Perjury, etc.) Morganrogh & Morganroth v. Norris, McLaughlin & Marcus, P.C., 331 F.3d 406 (3d Cir. (N.J.) 2002) 2003 U.S. App. LEXIS 10808,*; 331 F.3d 406. (Att.)

(10) Motion for Change of Venue under U.S Code Title 28, Part IV, Chapter 89, § 1441. Actions removable generally

(11) Motion to Dismiss & Sanctions for Obstruction of Justice regarding alleged
ex parte "order" under U.S. Fifth & Fourteenth Amendments etc..

(12) Motion to Vacate Alleged Index #52851/06 Order as Irregular for violation of
CPLR §2220.

WHEREFORE, respondent prays for the granting of an Order from the Court

dismissing petitioner's Notice of Petition & Petition with prejudice, granting

respondent's Motion(s) and for all such and further relief that this Court may deem

just and appropriate.
________________________
, Respondent pro se
145 east 23rd street
Petitioners counsel: New York, NY, 10010
Norris McLaughlin & Marcus, P.A.
875 Third Avenue Fl 18
New York, NY 10022

Dated October 17, 2007