Dean M Roberts esq.

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

Respondent, sworn to on the 13th day of June, 2007, and upon all exhibits &

papers annexed hereto, the undersigned (respondent) will move this Court at a

Motion term held before Civil Clerk Room 225 at the New York County (Civil)

Courthouse located at 111 Centre Street, on the 5th day of July, 2007 at 9:30 A.M. ,

for an order: (1) That SPECIAL APPEARANCE be granted to challenge lack of

PERSONAL JURISDICTION Book Review, New York Civil Practice, 112 U.Pa.L.Rev. 1222, 1230 (1963)
(2) That JURY TRIAL be granted for instant motion (CPLR §2218).

(3) That instant case be dismissed due to IDENTICAL CAUSE OF ACTION (Res

Judicata) in prior (and current) case before Honorable Jean Schneider

(index #52851/06(see att.)).

(4) That $1,000,000.00 fine and/or punitive and compensatory damages be levied

against plaintiff's for reasons of VEXATIOUS & FRIVOLOUS LITIGATION, ABUSE

OF PROCESS, JUDGE/FORUM SHOPPING and BARRATRY.

(5) That "House Counsel" of RICO petitioner, Dean M. Roberts esq. and Mia Falls

esq., be immediately DISBARRED for same as well as MALFEASANCE,

INCOMPETENCE and lack of DUE DILIGENCE (ABA Model Rules of Professional

Conduct).

(6) That #52851/06 (actual) case be dismissed for violating FEDERAL FAIR DEBT

COLLECTIONS PRACTICES ACT (15 U.S.C. § 1692).

(7) That #52851/06 (actual) case be dismissed for violating FEDERAL CONSENT

JUDGMENT ( Williams v. New York City Hous. Auth., 975 F. Supp. 317, 319 (S.D.N.Y. 1997) (hereinafter the "Williams Consent Judgment').

(8) That #52851/06 case be dismissed for "landlord" SECTION 8 FRAUD

(additional Predicate RICO Felonies) and pending INDEPENDENT SPECIAL

PROSECUTOR motion be expanded to review same (see att.).

(9) That violations of FEDERAL FALSE CLAIMS ACT (31 U.S.C. § 3729) be added

as additional defense in actual case.

(10) That pending discovery motion expand to include Request for Information on

RICO's Section 8 and other FRAUDS for Due Process Defense if not moot.

(11) That Special Federal Grand Jury be impaneled to examine and INDICT

plaintiff and others for RICO ACTs and POLITICAL CORRUPTION (see att.).

(12) That plaintiff's be Barred from initiating further legal actions as VEXATIOUS

LITIGANTS.

(13) That First Counterclaim in actual case be raised to $100,000,000.

(14) That RICO lacks Standing and Jurisdiction (Federal(see Att.)).
Under CPLR 2214 (b) Answering affidavits shall be served at least seven days before such time if a notice of motion served at least twelve days before such time so demands;

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

dismissing petitioner's Notice of Petition & Petition in its entirety, granting

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

and appropriate.
________________________
, Respondent prose
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 June 12, 2007

Norris McLaughlin & Marcus

CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : HOUSING PART
----------------------------------------------------------X
KENMORE ASSOCIATES, L.P. & : Index # 071507/2007 &
HOUSING & SERVICES INC. & : Index # 52851/2006
Norris McLaughlin & Marcus :
Petitioner, : AFFIDAVIT IN SUPPORT
v. : OF MOTION TO DISMISS
: PRE-ANSWER
Tenant , :
:
Respondent. :
---------------------------------------------------------X
(State of New York)
(County of New York)

SS: I,____________________, (), Respondent in this Action, being duly

sworn, hereby depose and state: That plaintiff's "Collateral Attack" on respondent's

FIFTH AMENDMENT and Due Process Civil Rights is a Strategic Lawsuit Against

Public Participation (SLAPP). The RICO's CRIMINAL BARRATRY is retaliation for

respondent's attempt to obtain REMEDY & SEVENTH AMENDMENT rights. Petitioner's

UNLAWFUL OBSTRUCTION of JUSTICE of the Honorable Jean Schneider's LAWFUL

AUTHORITY is grounds in and of itself for DISBARMENT and INDICTMENT. Notice of

Petition & Petition were defective and unlawfully served. Petition to Recover Possession

of Real Property is UNSIGNED (att. fax to NM&M) and NoP&P was not sent by certified/

registered and regular mail and no attempts at personal service were made.

The RICO, in "both" cases, violated FDCPA by having their "Debt Collector" sign

Predicate Notice, without required Validation Notice. If this is disputed (not stipulated to)

respondent will require appearance of both "debt collectors"at trial (Romea v. Heiberger & Assoc., 989 F.Supp. 712 (SDNY 1997).

Petitioner (RICO) due to SECTION 8 status of respondent (even if induced by

"Landlord"Fraud) is required to follow Federal "Williams Consent Judgment" (Quesada

v. Hernandez, 5 Misc 3d 1028 (A)[NY Sup. 2004]). In "both" cases petitioner failed to

include or Serve or Notice NYCHA or DHPD. Upon Information and Belief (see att.),

RICO is receiving (unlawful) Section 8 subsidy, negating any need for "rent".

Respondent requests of Court that $1,000,000 Fine/Damages be levied Jointly &

Severely against Dean Roberts/Mia Falls, Norris McLaughlin & Marcus and/or

Kenmore Associates a.k.a Housing & Services inc. a.k.a. Kenmore Housing Corp. a.k.a.

Kenmore Housing Development Fund Corp..

Plaintiff's five cases against respondent (3 dismissed) and well over 400 Housing

Cases against tenants in stolen government property (only 320 apartments) in the last

10 years constitute Vexatious and Frivolous Litigation, Abuse of Process and the Courts.

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

dismissing petitioner's Petition in its entirety, and for all such and further relief that this

Court may deem just and appropriate.



______________________________
, Respondent Pro-Se
145 east 23rd street
New York, NY 10010



Sworn Before me on the
13th Day of June, 2007