CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : HOUSING PART H
----------------------------------------------------------X
KENMORE ASSOCIATES, L.P. & : Index # 071507/07 & HOUSING & SERVICES INC. & Norris : Index # 52851/06
McLaughlin & Marcus :
Petitioner, : OMNIBUS
v. : MOTION TO
: DISMISS WITH
: PREJUDICE V
: JURY DEMAND
, :
:
Respondent. :
---------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affidavit of ____________
Tenant, Respondent, sworn to on the 7rd day of March, 2008, 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 11th day of March, 2008 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 Fourth CPLR §2214 Violation and Default (No Defense) of OMTDWP IV.
(4) Motion for Damages under 22 NYCRR §130-1 for continued Perjury and willful misrepresentation.
(5) Motion for Renewal/Reargument of February 21, 2008 Order and relevant
Motions under CPLR § 2221.
(6) Motion for Jury Fees to allow transfer of paid in fees from Index #52851/06
to index #071507/07 or additional payment (see att.).
(7) Motion to add Affirmative Defense(s)/Counterclaim(s) under Title 42 Chapter 21 Subchapter I § 1983, 1985, 28 U.S.C. § 1331,1332, 1343, Title 18 U.S.C. § 241 and numbered Federal Constitutional Defenses & Counterclaims,
separately Amendments I, IV, V, VI, VII, IX, X, XI, XIII, XIV.
(8) Motion to add Affirmative Defense/Counterclaim of Diminution of Services.
(9) Motion In Limine to strike Forged, Without Consideration, Undated,
Unwitnessed, Un-Notarized, Unverified, Unserved, No Chain of Custody, No
Foundation, Too Small Print, Under Duress (Illegally Evicted), Renewal "Lease"
as restricting on actual original lease, i.e. no lease.
(10) Motion In Limine to strike same as unconscionable "lease" clause(s) all
that restrict rights under original (no) lease, i.e. Rent Stabilization Laws etc..
(11) Motion To Allow Expert Witness to additionally prove RICO Forgery & small print Violation.
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. All Rights Reserved Without Prejudice U.C.C. §1-308.
_______________________
, 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 March 7, 2008
Showing posts with label Crooked. Show all posts
Showing posts with label Crooked. Show all posts
Monday, March 10, 2008
Friday, September 14, 2007
Kevin McClanahan Crooked Hearing Officer
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 :
Petitioner, : OMNIBUS
v. : MOTION TO
: DISMISS WITH
: PREJUDICE II
: JURY DEMAND
Tenant, :
:
Respondent. :
---------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affidavit of ____________
Tenant, Respondent, sworn to on the 12th day of September, 2007, and upon
all exhibits & papers annexed hereto, the undersigned (respondent) will move this
Court at a Motion term held before Room 1162(b) at the New York County (Civil)
Courthouse located at 111 Centre Street, on the 20th day of September, 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, 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 Recuse Judge Kevin McClanahan ("The Court") "in the clear absence of jurisdiction", and for Bias.
(5) Motion as to whether Court is operating under Authority (Rules and Law) of Hearing Officer or Judge.
(6) Motion to Dismiss for violation of CPLR § 2214 and Defective Petition.
(7) Motion to Dismiss for failure to include DHPD and/or NYCHA and/or HUD as parties (CPLR §3211).
(8) Motion to Renew/Reargue Omnibus Motion to Dismiss and Vacatur of Stipulation.
(9) Motion to Dismiss for defective Predicate Notice (no "landlords" signature).
(10) Motion to Compel production of witness list, any evidence for Trial and Reply to Answer.
(11) Motion for Change of Venue to SDNY Federal District Court at Plaintiff's Cost, if not Moot.
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(s) and for all such and further relief that this Court may deem
just and appropriate.
________________________
Tenant, 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 September 12, 2007
COUNTY OF NEW YORK : HOUSING PART
----------------------------------------------------------X
KENMORE ASSOCIATES, L.P. & : Index # 071507/07 & HOUSING & SERVICES INC. & Norris : Index # 52851/06
McLaughlin & Marcus :
Petitioner, : OMNIBUS
v. : MOTION TO
: DISMISS WITH
: PREJUDICE II
: JURY DEMAND
Tenant, :
:
Respondent. :
---------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affidavit of ____________
Tenant, Respondent, sworn to on the 12th day of September, 2007, and upon
all exhibits & papers annexed hereto, the undersigned (respondent) will move this
Court at a Motion term held before Room 1162(b) at the New York County (Civil)
Courthouse located at 111 Centre Street, on the 20th day of September, 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, 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 Recuse Judge Kevin McClanahan ("The Court") "in the clear absence of jurisdiction", and for Bias.
(5) Motion as to whether Court is operating under Authority (Rules and Law) of Hearing Officer or Judge.
(6) Motion to Dismiss for violation of CPLR § 2214 and Defective Petition.
(7) Motion to Dismiss for failure to include DHPD and/or NYCHA and/or HUD as parties (CPLR §3211).
(8) Motion to Renew/Reargue Omnibus Motion to Dismiss and Vacatur of Stipulation.
(9) Motion to Dismiss for defective Predicate Notice (no "landlords" signature).
(10) Motion to Compel production of witness list, any evidence for Trial and Reply to Answer.
(11) Motion for Change of Venue to SDNY Federal District Court at Plaintiff's Cost, if not Moot.
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(s) and for all such and further relief that this Court may deem
just and appropriate.
________________________
Tenant, 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 September 12, 2007
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"
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"
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