TRANSCRIPT #071507/07 & 52851/06 August 9, 2007 12:08-12:25 PM New York City Housing Court Part H Room 1164B Judge Kevin McClanahan. Kenmore V. Tenant
Line 1; For Petitioner: Mia Falls esq,, Norris, McLaughlin & Marcus
Line 2; For Respondent:3; NY, NY 10010
Line 4; McClanahan "I have your Omnibus Motion to Dismiss, I have your
Line 5; Affirmation in Opp., and then I have your Affidavit and Cross-motion.
Line 6: Tenant "Your Honor I asked before to to um, there is a page missing, I'm
Line 7; sorry, it is the fourth page, Staples decided to redact my Reply to
Line 8; Opposition, it's the fourth page. I served the..
Line 9; Falls "Yes, I did receive it."
Line 10; Tenant "You can see that, you can tell"
Line 11; McClanahan "Okay, alright, now but there's no cross-motion is there?
Line 12; Falls "I think there might be another motion of his that he named a cross-Line 13; motion but no it's not a cross-motion."
Line 14: McClanahan "This is a cross-motion? No it's not it hasn't been filled with Line 15; the Court and you can't cross-move against your own motion."
Line 16; Tenant "I was cross-moving against their Opposition."
Line 17; McClanahan "You don't cross-move against Opposition. You're Opposing, Line 18; you're just applying, you're saying why what they're saying is wrong."
Line 19; Tenant "Then can I withdraw those motions without prejudice."
Line 20; McClanahan "yea, it's withdrawn without prejudice, now let's deal with
Line 21; your motion. Alright make your argument."
Line 22; Tenant "Your Honor if I could speak first."
Line 23; McClanahan "That's what I'm asking you to do sir."
Line 24; Tenant "You have before you the Omnibus Motion to Dismiss with
Line 25; Prejudice. It's certainly what you can call a substantive and dispositive
Line 26; motion which petitioner did reply to. And I, of course, served my, we
Line 27; appeared in court previously, I guess it was Mr. Dean Roberts, for the
Line 28; petitioner. And obviously I believe their Opposition, did not, if you want to Line 29; review my reply, I believe did not answer any of the motions that I put
Line 30; forward, especially with regard to Section 8 Fraud. They didn't address it Line 31; at all. Obviously the main reason we are here today though is my
Line 32; contention that we have a case of Res Judicata. We have an identical
Line 33; case before, I believe it's actually before Judge Schneider. This case was Line 34; not dismissed. There was an alleged decision, obviously you can see on
Line 35; the front page of my reply, as well as my exhibits. My first exhibit shows
Line 36; that and I was down there at 9:30 this morning, that case is not only on, it Line 37; is not even off calendar."
Line 38; McClanahan "What case are you talking about. Index Number 52851 of
Line 39; 06 or is there another one?"
Line 40; Tenant "No that's the case." Falls "Yes" Tenant "That case is still on."
Line 41; McClanahan "That case is dismissed." Tenant "That's a misinformation."
Line 42; McClanahan "No, that's her Order. Did you read her Order?"
Line 43; Tenant "The Order was never served on the parties or the Court."
Line 44; McClanahan "I don't care were it was served. I know it was written. Judge
Line 45; Maria Milin ruled as follows 'This proceeding and motion sequence
Line 46; numbers 4,5 and 6 are marked off within three months of the date set
Line 47; forth below. If the parties do not move to restore the case or the motions
Line 48; within the time frame set forth above, then the proceeding and the
Line 49; motions shall be respectively dismissed and denied without prejudice. The
Line 50; parties were directed to submit further papers to the court with regard to
Line 51; the disposition of this proceeding by order dated 7/27/06. As of the date Line 52; set forth below no submissions have been made by either side.'"
Line 53; Tenant "Your Honor in that case we appeared before yourself on the 21st
Line 54; of August of last year and Ms. Falls was the representative for the other Line 55; party. They had to do a final reply by order of Judge Schneider. They
Line 56; never did a reply on that date even though they acknowledged on the
Line 57; record that it was due."
Line 58; McClanahan "August of what date? What are you talking about?"
Line 59: Falls "He's still taking about the 2006 case. I believe he is confused about Line 60; what happened." Tenant "This case is the actual case your honor. This
Line 61; case is still on." McClanahan "Sir I need to know if anything happened
Line 62; after December 12th of 06. That's when Maria Milin made her motion,
Line 63; her decision." Tenant "I have no information that there was anything done. Line 64; Your Honor I was never served with this alleged Order. The Court did not Line 65; docket this Order. It is not part of the Record. I don't know were it came Line 66; from." McClanahan "It's in the file sir." Tenant"well it's not in file 52851,
Line 67; which is the one thats allegedly dismissed." McClanahan "Any other
Line 68; arguments sir?" Tenant "Well, your Honor that case is on. You can see that Line 69; attachment here, this was done by a Court Attorney, that this case, the
Line 70; case 52851 has not been dismissed. We have two identical cases with
Line 71; identical cause of action and identical parties. I acknowledge that Ms. Milin Line 72; we did appear before her on two occasions." McClanahan "Sir did you pay Line 73; the rent? "Tenant "I did not pay any rent your Honor." McClanahan "Thank
Line 74 ; you." Falls "Our opposition is that, with regard to the 2006 case the
Line 75; dismissal is not res judicata. Neither one of us actually ended up receiving Line 76; Judge Milin's decision. I guess before she transfered it just wasn't mailed Line 77; to us, but I do acknowledge that it's there. By the time we found the case Line 78; some time has passed, we commenced this action. As you can see by the
Line 79; Order it was deemed dismissed without prejudice. He hasn't paid any rent, Line 80; that's why we brought this now 2007 case." McClanahan "Alright, tell me
Line 81; about your RICO claim." Tenant "Your Honor, they're quite substantive.
Line 82; Obviously, I did serve an Amended Answer in the case that I still contend Line 83; is on and is the relevant case and I'm certainly willing to discuss that case"
Line 84; McClanahan "Tell me how what they are doing violates the RICO statues
Line 85; sir." Tenant "Your Honor, I have approximately thirty pages of information Line 86; on their various violations." McClanahan "I need you to condense it to at Line 87; least five statements." Tenant "Basically, mostly Fraud, but basically
Line 88; Corruption and various Criminal Acts." McClanahan "What are the
Line 89; Criminal Acts sir?" Tenant "Well, False Arrest of Tenants, Corrupting of the
Line 90; Police Department." McClanahan "How does that relate to your rent?"
Line 91; Tenant "Well also actually of course, I did content a violation of the
Line 92; Warranty of Habitability. There's approximately 6 B violations in the
Line 93; apartment. I have twelve defenses in the previous case that I believe is Line 94; still ongoing. And I wanted to point out too that obviously the reason they Line 95; did not reply was, part of the issue was the Jury Demand. I did make
Line 96; substantive arguments with regard to my right to a Jury Demand. They
Line 97; have an alleged Lease, within the lease has a prohibited Lease provision,
Line 98; waiver of jury trial authorization for a landlord to waive" McClanahan "Why
Line 99; is it prohibited?" Tenant "Well this was part of, I was required to sign a
Line 100; lease rider. I had no lease in fact. I was a tenant since 1989. In this
Line 101; apartment since 1992. But for Section 8, they required a lease rider,
Line 102; which I did in fact sign and of course, under the law I consider that a
Line 103; renewal lease. But obviously, in the lease they are going to attempt to,
Line 104; they have not added it to the record yet, I believe they will, it will show on Line 105; page 4" McClanahan "Wait a minute, do I have the agreement? In the
Line 106; papers." Tenant "Was the Lease ever supplied?" McClanahan "It's your
Line 107; motion." Falls "It's your obligation, so you have to supply the document."
Line 108; Tenant "Well actually, in your Opposition it says, you quote the lease."
Line 109; McClanahan "Sir, did you bother to give me a copy of the lease, that's all Line 110; I need to know." Tenant "To be honest with you your Honor, I was never
Line 111; served with a copy of the lease so I am not necessarily sure any of the
Line 112; lease is in effect. I believe at least some of it was perhaps forged or
Line 113; added to. It was done under duress and it was done at a time I was
Line 114; illegally evicted and also it was a renewal lease. It was a lease, I was Line 115; already a tenant. It was without consideration and obviously a renewal
Line 116; lease has to be done on the same terms or better. I consider all aspects Line 117; of any alleged lease, or actual lease, to be in effect only to the extent Line 118; that it improves on my rights under rent stabilization laws." Falls "Your Line 119; Honor just generally, our position is that with regard to his motion to
Line 120; dismiss, he hasn't asserted a basis to dismiss the action. With regard to Line 121; his RICO claim, our position is that it isn't the place for Housing Court.
Line 122; He also hasn't alleged any actual violations. While he's provided a Thirty Line 123; page motion, it's still, nothing is distilled with regard to the RICO claims.
Line 124; He also claimed that we violated the Thirteenth Amendment of the
Line 125; Constitution. Which again we're denying all of the Federal claims. Our
Line 126; position is that there's no place at this Housing Court proceeding as to Line 127; his Affirmative Defenses. That our position is is something to set forth Line 128; at the time of trial." Tenant "Well your Honor I did in the previous case Line 129; asked that it be moved to Federal Court. Obviously I believe that Federal Line 130; Court is the proper venue for a case involving Federal Claims, Federal
Line 131; Constitutional Defenses. I also claimed that the Federal Government is
Line 132; the actual owner of the property. They of course do not have any
Line 133; Standing. There is also no Personal Jurisdiction. I was improperly served Line 134; in this case. Twice in two previous cases, the cases were dismissed for Line 135: improper service. I believe they will be in this case, the one that is before Line 136; you today, which is 071507. And also, so I claim lack of Personal
Line 137; Jurisdiction, Court Jurisdiction, lack of Standing. Obviously I believe
Line 138; there's innumerable Predicate RICO Acts involving as well, the Counsel
Line 139; itself. The law firm of Norris, McLaughlin and Marcus, as you see as
Line 140; exhibit, it says 'This is by far the most egregious case of Civil Conspiracy Line 141; in the body of law.' For Morganroth and Morganroth versus Norris
Line 142; McLaughlin and Marcus wherin they engaged in Felonies involving John Line 143; Z. Delorean, a Convicted Cocaine Drug Trafficker, identical to the
Line 144; claimed landlord in this property, who is also a convicted Drug Trafficker.
Line 145; In this case John Z. Delorean and Norris McLaughlin and Marcus
Line 146; engaged in Conspiracy. They were Convicted of this Conspiracy by the
Line 147; Third Circuit of the United States Court of Appeals. And they were
Line 148; involved in this Racketeering enterprise, where Fraudulent Money
Line 149; Laundering was involved. And I believe this is an additional Predicate
Line 150; felony. I had approximately, well I'm just estimating, thirty to forty
Line 151; Predicate Felonies involved by alleged landlord, Kenmore Associates,
Line 152; a.k.a. Housing and Services Incorporated, a.k.a. Kenmore Housing
Line 153; Development Corporation, Kenmore Housing Corporation and any other,
Line 154; I mention any other, Shell Corporations or Money Laundering
Line 155; Organizations involved with. Your Honor, they're a complete Criminal
Line 156; Enterprise, involving all types of Fraud, involving the original stealing
Line 157; of the building from the People of the United States, without
Line 158; Consideration, by Corruption of various individuals, including Civil
Line 159; Servants, I happen to be a Civil Servant myself, as well as, apparently Line 160; Elected Officials. Your Honor these were never answered in the previous Line 161; case and I am sure they will not answer them in this case either.
Line 162; Obviously, I asked for a Federal Grand Jury, an Independent Special
Line 163; Prosecutor and obviously I do believe, upon Information and Belief, that Line 164; it's already being investigated. The previously landlord, Claire Haaga, left Line 165; under suspicious circumstances, a very wealthy woman, for owning
Line 166; these so called non-profits. I believe the government, State, Federal and Line 167; local, as well as other Organizations are being looted by this so called Line 168; nonprofit organization." McClanahan "Alright thank you Mr. Tenant, your Line 169; motion is denied in all respects. Jury trial is waived. The affidavit of
Line 170; service of the Predicate and Petition rebut the claim of lack of personal Line 171; jurisdiction. Trial is set for September, please pick a date, either the 18th Line 172; or the 20th. I also found the that the decision/order of Judge Milin
Line 173; prevents the application of res judicata, as that proceeding was deemed Line 174; dismissed without prejudice. Please pick a date." Falls "Is September
Line 175; 20th okay with you?" Tenant "Your Honor I ask leave for an Interlocutory Line 176; Appeal." McClanahan "I can't grant an Interlocutory Appeal. You can
Line 177; certainly go to the Appellate Term, 60 Centre Street. And if they so
Line 178; chose they can grant that relief. Please pick a trial date in the event that Line 179; they do decline your Interlocutory Appeal." Tenant "Your Honor,
Line 180; Thursdays are always a good day for me." McClanahan "September
Line 181; 20th." Falls "September 20th will be fine." Tenant "September 20th." Falls Line 182; "Mr. Tenant he's going to give you a copy of the decision." Tenant "Your Line 183; honor, you understand I haven't put an answer in this case." Falls "You Line 184; attached it to your motion." Tenant "That was in the former case."
Line 185; McClanahan "You said you filed an Amended Answer." Tenant "I did in the Line 186; previous case, but you said that case is dismissed. " McClanahan "You
Line 187; can't have not filed an Answer, you'd be in default." Tenant "This is a Pre- Line 188; Answer Motion to Dismiss." McClanahan "Answer to be served, ten
Line 189; days." Tenant "So Your Honor, you're denying my Jury Demand before I
Line 190; made the Jury Demand in my Answer?" McClanahan "Yes" Falls "Thank
Line 191; you"
