SubJudice.art
A Community-Governed Framework for Art Born of Procedural Injustice.
A Community-Governed Framework for Art Born of Procedural Injustice.
-----VOID FROM THE START-----
A Theatre Foreclosure Built on Fatal Legal Errors
THE FATAL-EST FLAW:
attorney never served motion papers.
this makes every subsequent proceeding
—including the foreclosure judgment and sale
—void ab initio (void from the beginning).
A travesty that must be corrected.
A judgment void from the start.
less than required notice is no notice at all:
FINANCIAL SERVICES VEHICLE TRUST, Respondent, v. LAW OFFICES OF DUSTIN J. DENTE et al., Defendants, and KATERINA ARVANITAKIS, Appellant.--The defendant Katerina Arvanitakis (hereinafter the appellant) failed to give the plaintiff timely notice of her motion for leave to enter a judgment on her counterclaim against the plaintiff upon its purported default in replying to the counter-claim ( see Bianco v LiGreci, 298 AD2d 482).
--The plaintiff did not receive at least 13 days' notice, the minimum required for motions served by regular mail ( see CPLR 2103 [b] [2]; 2214 [b]).
--Absence of proper service of a motion is a sufficient and complete excuse for a default on a motion, and deprives the court of jurisdiction to entertain the motion ( see CPLR 5015 [a] ; Zaidi v New York Bldg. Contrs., Ltd., 61 AD3d 747, 748; Daulat v Helms Bros., Inc., 32 AD3d 410, 411; Bianco v LiGreci, 298 AD2d 482; Welch v State of New York, 261 AD2d 537, 538). Since the Supreme Court was deprived of jurisdiction to entertain the motion, the resulting order dated February 24, 2010, and the judgment entered upon that order were nullities ( see Bonik v Tarrabocchia, 78 AD3d 630, 632; Bauerlein v Salvation Army, 74 AD3d 851, 857; Welch v State of New York, 261 AD2d at 538; Golden v Golden, 128 AD2d 672). --
Accordingly, the plaintiffs motion to vacate both the order dated February 24, 2010, and the judgment was properly granted.
For nearly 20 years, there was a theater
a vibrant community engine and a destination formusic, theater, comedy, dance, film, art,
and the late-night espresso that fueled it all.
Then, the theater was targeted by a patently pointless foreclosure
defined by unending Plaintiff misrepresentationsand fraud upon the court
—actions the judiciary either missed or chose to ignore.
An exhaustive review of the case files revealed:
the initial decision involved a host of non-starter issues,some created by Plaintiff malfeasance,
some just by the court failing to even read
--the submitted papers
--or proposed order.
Fatal flaws in the 1st decison
---SPOILER ALERT: No notice cannot result in anything
---6 EZ PIECES, in english, not so much legalese---
PIECE 1: THE NOTICE PIECE
Rule: You must tell the other side’s lawyer you’re going to court.Broken: The plaintiff knew of the defendant's attorney, negotiated extensions with him, acknowledged receipt of an answer and then filed a court motion without serving him... or telling the court the attorney existed.
Thus, the court would not check to see if opposing counsel was served.
Fraud upon the court by omission by Plaintiff counsel.
PIECE 2: THE AUTHORITY PIECE
Rule: You must ask for relief that your cited law actually provides.Broken: The motion asked for a "Judgment of Foreclosure and Sale."
The only law it cited was CPLR 3215, a statute that authorizes only a simple "default judgment."
It was a legal mismatch from the start.
PIECE 3:THE EVIDENCE PIECE
Rule: Your motion cannot cite to document no yet, or ever, in existence.Broken: The motion, dated October 13, 2009, claimed it was supported by an attached attorney's affirmation dated October 26, 2009, 13 days in the future.
no such affirmation was was attached or ever filed.
PIECE 4: THE MATCHING PIECE
Rule: Your documents have to connect to each other.Broken: As the only "Proof of Service" of the complaint on the borrower is attached to an affirmation attached to a motion, where the motion does not cite to the existence of that affirmation, the "Proof of Service" was never properly before the court.
PIECE 5: THE JUDGMENT PIECE
Rule: A court can only grant judgments based on real requests and real evidence.Broken in Two Acts:
--It granted what wasn't asked for. The court entered a "default judgment," not the "judgment of foreclosure" the motion requested.
--It was built on ghosts. The court's judgment order states it is "premised upon" two specific attorney affirmations, both dated the impossible October 26, 2009. Neither affirmation exists in the court record. The judgment rests on phantom documents.
PIECE 6: THE IDENTITY PIECE
Rule: You can’t get a judgment in a name the other side doesn’t know.Broken: The default judgment was entered not in the original plaintiff's name, but in the name of a new, substituted plaintiff. The defendant received no formal, legal notice of this substitution until after the judgment was signed, making them liable to a stranger...
WHICH IS FORBIDDEN!.
and at least one fatal flaw in the last decision:
an impossible finding of fact that cannot be!
We hope we don't have to go here.90% of attorneys consulted turned us down flat.
the other 10% at least told us we were right but issues too hot to handle!
So, we are sucking it up and writing our own motion
on 6 EZ PIECES.
While we fight for a resolution
that could see a theater legacy live again
or some of the damages to establish a trust for the arts
To that end, we are launching our inaugural call for work.
We are calling the series "Sub Judice."
In the legal world, it means "under judicial consideration"
a status that renders a premature judgment void.
In the creative world, it describes the very state of your work:
under review by a theater community that refuses to be silenced.
that could see a theater legacy live again
or some of the damages to establish a trust for the arts
To that end, we are launching our inaugural call for work.
We are calling the series "Sub Judice."
In the legal world, it means "under judicial consideration"
a status that renders a premature judgment void.
In the creative world, it describes the very state of your work:
under review by a theater community that refuses to be silenced.
SPECIFIC PLAN
Each of the 6 issues are fatal to the foreclosure and sale of the theatre.
We have researched these issues until we think we can go toe to toe with attorneys with decades of experience.
In the end it is simple,
the 6 issues are fatal non-starters,
with the 1st being the most egregious,
a fraud upon the court,
failure to serve opposing counsel.
NEXT UP: A MOTION TO AN AS YET DETERMINED COURT.... TO VACATE THE JUDGMENT OF DEFAULT.
If you agree this is simple and want to be in on the ground floor, submit your work, become an advisor.
#1 THE NOTICE PIECE
A notice of motion must be served on any opposing counsel.
If it is not, the court's power to rule on the motion is never invoked.
And if the court's power is never invoked,
any judgment entered on that motion is a nullity.
The plaintiff negotiated with him, received an answer from him.
But when the plaintiff filed its motion for judgment,
it served the defendant directly—and never told the court it had a lawyer.
The court never knew.
The court never checked.
The court's power was never properly invoked.
The resulting judgment is void from the start.
A notice of motion must be served on any opposing counsel.
If it is not, the court's power to rule on the motion is never invoked.
And if the court's power is never invoked,
any judgment entered on that motion is a nullity.
Here:
The plaintiff knew defense counsel existed.The plaintiff negotiated with him, received an answer from him.
But when the plaintiff filed its motion for judgment,
it served the defendant directly—and never told the court it had a lawyer.
The court never knew.
The court never checked.
The court's power was never properly invoked.
The resulting judgment is void from the start.
#2 THE AUTHORITY PIECE
A notice of motion must cite a statute that authorizes the relief requested.
If it does not, the court's power to grant that relief is never invoked.
And if the court's power is never invoked,
any judgment granting that relief is a nullity.
It cited one statute: CPLR 3215.
CPLR 3215 authorizes default judgments.
It does not authorize judgments of foreclosure and sale.
No other statute was cited. The Plasintiff requested relief the court had no power to give.
A notice of motion must cite a statute that authorizes the relief requested.
If it does not, the court's power to grant that relief is never invoked.
And if the court's power is never invoked,
any judgment granting that relief is a nullity.
HERE:
The motion asked for a judgment of foreclosure and sale.It cited one statute: CPLR 3215.
CPLR 3215 authorizes default judgments.
It does not authorize judgments of foreclosure and sale.
No other statute was cited. The Plasintiff requested relief the court had no power to give.
#3 THE EVIDENCE PIECE
A motion cannot rely on evidence that does not exist at the time the motion is SIGNED or FILED.
If it does, the court is ruling on a record that includes phantom documents.
The motion is dated October 13, 2009.
It claims to be supported by an attorney affirmation dated October 26, 2009.
That is thirteen days in the future.
No such affirmation was ever attached.
AND... No such affirmation was ever filed.
The Plaintiff sought relief on evidence that never existed.
A motion cannot rely on evidence that does not exist at the time the motion is SIGNED or FILED.
If it does, the court is ruling on a record that includes phantom documents.
HERE:
The motion is dated October 13, 2009.
It claims to be supported by an attorney affirmation dated October 26, 2009.
That is thirteen days in the future.
No such affirmation was ever attached.
AND... No such affirmation was ever filed.
The Plaintiff sought relief on evidence that never existed.
#4 THE MATCHING PIECE
Every piece of evidence the court relies on must be properly placed before it.
If critical evidence is buried in an unnoticed, uncited attachment,
it is as if it never existed.
The court cannot rule on what it never saw or what it was not allowed to see.
A judgment based on unseen evidence is a nullity.
is attached to an affirmation...
that was attached to a motion...
but never cited to in the motion itself.
The Plaintiff sought judgment without proof of service properly before the court.
Every piece of evidence the court relies on must be properly placed before it.
If critical evidence is buried in an unnoticed, uncited attachment,
it is as if it never existed.
The court cannot rule on what it never saw or what it was not allowed to see.
A judgment based on unseen evidence is a nullity.
HERE:
The only proof that the borrower was ever served with the complaint...is attached to an affirmation...
that was attached to a motion...
but never cited to in the motion itself.
The Plaintiff sought judgment without proof of service properly before the court.
#5 THE JUDGMENT PIECE
FLAW ONE: UNREQUESTED RELIEF
A court cannot grant relief that was never requested.
If it does, it acts outside its authority.
Any judgment granting unrequested relief is a nullity.
The court entered a default judgment.
They are not the same.
FLAW TWO: PHANTOM EVIDENCE
A court cannot premise a decision on evidence that does not exist.
If it does, the judgment rests on a phantom record.
A judgment built on nonexistent documents is a nullity.
Neither affirmation exists in the court record.
Two fatal flaws. One void judgment.
FLAW ONE: UNREQUESTED RELIEF
A court cannot grant relief that was never requested.
If it does, it acts outside its authority.
Any judgment granting unrequested relief is a nullity.
HERE:
The motion asked for a judgment of foreclosure and sale.The court entered a default judgment.
They are not the same.
FLAW TWO: PHANTOM EVIDENCE
A court cannot premise a decision on evidence that does not exist.
If it does, the judgment rests on a phantom record.
A judgment built on nonexistent documents is a nullity.
HERE:
The judgment cites two attorney affirmations dated October 26, 2009.Neither affirmation exists in the court record.
Two fatal flaws. One void judgment.
#6 THE IDENTITY PIECE
A plaintiff cannot change identities in secret.
If a new entity is substituted into a case,
every party must be notified.
Without notice, the substitution is invisible.
An invisible plaintiff cannot bind anyone.
Any order obtained by an invisible plaintiff is a nullity.HERE:
The original plaintiff sold the claim.
The court signed an order substituting the new plaintiff.
No one told the defendant.
Then:
The new plaintiff obtained a default judgment.
That judgment was entered in a name the defendant did not know,
based on an order the defendant never saw.
A judgment entered by a stranger is void.
And every order that rests on it is also void.
A plaintiff cannot change identities in secret.
If a new entity is substituted into a case,
every party must be notified.
Without notice, the substitution is invisible.
An invisible plaintiff cannot bind anyone.
Any order obtained by an invisible plaintiff is a nullity.
The court signed an order substituting the new plaintiff.
No one told the defendant.
Then:
The new plaintiff obtained a default judgment.
That judgment was entered in a name the defendant did not know,
based on an order the defendant never saw.
A judgment entered by a stranger is void.
And every order that rests on it is also void.
TAKE A LOOK
FILES HERETAKE PART
If you believe any of the six issues—
let alone one,
especially the first—
are ridiculous,
SO ... DO ... WE ...
They are so ridiculous
that one of two outcomes is inevitable:
— The foreclosure sale is vacated. The theater returns to programming.
— Vacatur is not effective.
Equitable damages fund an itinerant arts trust.
Either way, the work continues.
And if you're not sure yet?
Run these Six EZ Pieces by any legal guru you know, especisally th 1st one.
We'll be here when you're ready.
If you believe any of the six issues—
let alone one,
especially the first—
are ridiculous,
SO ... DO ... WE ...
They are so ridiculous
that one of two outcomes is inevitable:
— The foreclosure sale is vacated. The theater returns to programming.
— Vacatur is not effective.
Equitable damages fund an itinerant arts trust.
Either way, the work continues.
- We need:
- Submissions. Plays, music, dance—work that responds to this moment.
- Advisors. Legal, artistic, marketing, governance. Expertise to match our conviction.
And if you're not sure yet?
Run these Six EZ Pieces by any legal guru you know, especisally th 1st one.
We'll be here when you're ready.
SUBMIT: Sub-Judice Arts Series
An arts opportunity forged in the steel tempering heat of fighting for what is just, and right, and required... by law!
HOW IT WORKS:
Submit your work.
If selected, we work with you to produce it at TBD venues.
No obligation to produce or perform or attend--- unless you want to. Your work speaks for itself.
TWO SHOTS. ONE SUBMISSION.
Selected or not, your submission remains in our library.
When the legal dust settles, every submission received before resolution will be reviewed again—by our voting members and advisors.
No second fee. No second form. Just two opportunities from one act of trust.
REVIEW FEE: $TBA
Covers the time and expertise of our review panel.
Non-refundable. No other fees required.
Before you submit:
The Six EZ Pieces are the foundation of this cause.
Read them. Sit with them. Then send us your work.
An arts opportunity forged in the steel tempering heat of fighting for what is just, and right, and required... by law!
- SEEKING:
- 10-Minute Plays
- One Act Plays
- Full Length Plays
- Music
- Dance
- Monologue
HOW IT WORKS:
Submit your work.
If selected, we work with you to produce it at TBD venues.
No obligation to produce or perform or attend--- unless you want to. Your work speaks for itself.
TWO SHOTS. ONE SUBMISSION.
Selected or not, your submission remains in our library.
When the legal dust settles, every submission received before resolution will be reviewed again—by our voting members and advisors.
No second fee. No second form. Just two opportunities from one act of trust.
REVIEW FEE: $TBA
Covers the time and expertise of our review panel.
Non-refundable. No other fees required.
Before you submit:
The Six EZ Pieces are the foundation of this cause.
Read them. Sit with them. Then send us your work.
VOTING MEMBERS
Submit work. Earn votes. Shape what comes next.
Every submission is also a vote.
The more you give, the more you have a say.
VOTE WEIGHTS:
– Ten-Minute Play: 1 vote
– One Act Play: 2 votes
– Full Length Play: 3 votes
– Music: 1 vote
– Dance: 2 votes
– Monologue: 1 vote
MAXIMUM VOTES: 12
You may hold up to 12 active votes at any time.
If a submission would put you over 12, the excess is banked—held in a pending state.
As active votes expire, banked votes automatically backfill, up to the 12-vote cap.
Banked votes inherit the expiration terms of the original submission.
VOTES EXPIRE:
– One calendar year from submission date, OR
– One calendar year after the theater sale is vacated or a settlement is reached, whichever is later.
Voting is held at least three times per year.
All voting members in good standing may participate.
Not ready to submit?
Advisors are also needed—legal, artistic, marketing, governance.
No votes required, but possible. Add expertise and conviction.
Submit work. Earn votes. Shape what comes next.
Every submission is also a vote.
The more you give, the more you have a say.
VOTE WEIGHTS:
– Ten-Minute Play: 1 vote
– One Act Play: 2 votes
– Full Length Play: 3 votes
– Music: 1 vote
– Dance: 2 votes
– Monologue: 1 vote
MAXIMUM VOTES: 12
You may hold up to 12 active votes at any time.
If a submission would put you over 12, the excess is banked—held in a pending state.
As active votes expire, banked votes automatically backfill, up to the 12-vote cap.
Banked votes inherit the expiration terms of the original submission.
VOTES EXPIRE:
– One calendar year from submission date, OR
– One calendar year after the theater sale is vacated or a settlement is reached, whichever is later.
Voting is held at least three times per year.
All voting members in good standing may participate.
Not ready to submit?
Advisors are also needed—legal, artistic, marketing, governance.
No votes required, but possible. Add expertise and conviction.
ADVISORS
Legal. Artistic. Marketing. Governance.
Expertise is also contribution.
Each advisor, during their term of service, holds 3 votes in all production selections.
Votes are tied to active service.
When a term ends, the votes return to the pool.
Advisors may also submit work and earn votes as Voting Members.
The two roles are independent. Votes stack.
LEGACY
You were there. You ran the box office. You swept the stage. You pulled shots until your wrist gave out. You bought that latte.
You saw the shows no one else saw. You performed. You stayed after everyone else went home.
The theater lived in you. Now we need you to live in it again.
One vote. In perpetuity.
That vote counts in every production selection,
added to all others, weighed equally,
never diminished by time or absence.
One ask: vote once a year.
Not to prove yourself. Not to earn your place.
Just to stay in the room with us.
A single click. A single choice. A signal that you're still here.
This is not a term. This is not a rotation.
This is a recognition that some knowledge cannot be earned—only carried.
If you were a denizen of the deep, and can convince us you were,
this seat is yours for as long as the trust exists.
No submissions required. No expertise to prove.
No cap. No expiration.
Just: you were there. You remember. You vote. You stay.
Legal. Artistic. Marketing. Governance.
Expertise is also contribution.
Each advisor, during their term of service, holds 3 votes in all production selections.
Votes are tied to active service.
When a term ends, the votes return to the pool.
Advisors may also submit work and earn votes as Voting Members.
The two roles are independent. Votes stack.
LEGACY
You were there. You ran the box office. You swept the stage. You pulled shots until your wrist gave out. You bought that latte.
You saw the shows no one else saw. You performed. You stayed after everyone else went home.
The theater lived in you. Now we need you to live in it again.
One vote. In perpetuity.
That vote counts in every production selection,
added to all others, weighed equally,
never diminished by time or absence.
One ask: vote once a year.
Not to prove yourself. Not to earn your place.
Just to stay in the room with us.
A single click. A single choice. A signal that you're still here.
This is not a term. This is not a rotation.
This is a recognition that some knowledge cannot be earned—only carried.
If you were a denizen of the deep, and can convince us you were,
this seat is yours for as long as the trust exists.
No submissions required. No expertise to prove.
No cap. No expiration.
Just: you were there. You remember. You vote. You stay.
WHO ARE WE?
We are the 1833 Lyceum and the 1994 Lyceum.
We are rational amusement and popular education.
We are a forlorn bathhouse bought in a run down neighborhood and a dream.
We are the men and women carved in stone above the doors, and the baristas who served espresso to commuters at 7am.
We are twenty years of folding chairs on risers.
Indie film festivals. Cabaret. Circus arts. Moby Dick: the sermon in Green-Wood Cemetery.
We are the worm's-eye view of the tiny upstairs café.
We are the late nights and the early mornings and the people who stayed for both.
We are a motion dated October 13, 2009—
that cites an affirmation dated October 26.
Thirteen days in the future.
That affirmation never existed.
The court entered judgment on it anyway.
We are a request for foreclosure judgment
filed under a statute that doesn't authorize one.
We are a default judgment no one asked for.
We are two phantom affirmations cited in an order
that the clerk cannot produce because they were never filed.
We are the attorney the plaintiff negotiated with,
received an answer from, granted extensions to—
and then erased from the RJI before asking the court for relief.
We are a judgment entered in the name of a stranger
because no one bothered to tell us the plaintiff had been substituted.
We are the papers themselves.
And they show, on their face, without interpretation, without excavation,
that what was done to us could not lawfully be done.
We are the ones who did not give up.
When ninety percent of attorneys said it was too hot, too old, too hard,
we kept reading. We kept asking. We kept the file open.
We are the ones who uncovered these impossible non-starters.
A motion that cites evidence from the future.
A judgment that grants relief no one requested.
A record that omits the lawyer the plaintiff knew existed.
A verdict built on documents that were never filed.
We are a building sold at auction—illegally, arts be damned.
We are what was left behind when the auction gavel fell.
We are the few who refused to become a footnote.
We are SubJudice.art.
We are not yet a building again. We are not yet a trust.
We are a community under judicial consideration—
and a judgment rendered on us will be void when the consideration is complete.
We are the 10%.
The ones who read the Six EZ Pieces and felt their spine click into place.
The ones who were there, or wish they had been, or recognize a lost world when they see one.
We are you. If you were there. If you stayed. If you're ready to come home.
If you ran the box office. If you swept the stage. If you pulled shots until your wrist gave out.
If you bought the latte. If you saw the shows. If you stayed after everyone else went home.
If you just showed up, again and again, until showing up became who you were.
We are not waiting for the building to return.
We are the building now. We always were. We just dematerialized under the immense weight of a legal system bound to get one answer, whether right or wrong.
We will be back. Welcome home.
We are the 1833 Lyceum and the 1994 Lyceum.
We are rational amusement and popular education.
We are a forlorn bathhouse bought in a run down neighborhood and a dream.
We are the men and women carved in stone above the doors, and the baristas who served espresso to commuters at 7am.
We are twenty years of folding chairs on risers.
Indie film festivals. Cabaret. Circus arts. Moby Dick: the sermon in Green-Wood Cemetery.
We are the worm's-eye view of the tiny upstairs café.
We are the late nights and the early mornings and the people who stayed for both.
We are a motion dated October 13, 2009—
that cites an affirmation dated October 26.
Thirteen days in the future.
That affirmation never existed.
The court entered judgment on it anyway.
We are a request for foreclosure judgment
filed under a statute that doesn't authorize one.
We are a default judgment no one asked for.
We are two phantom affirmations cited in an order
that the clerk cannot produce because they were never filed.
We are the attorney the plaintiff negotiated with,
received an answer from, granted extensions to—
and then erased from the RJI before asking the court for relief.
We are a judgment entered in the name of a stranger
because no one bothered to tell us the plaintiff had been substituted.
We are the papers themselves.
And they show, on their face, without interpretation, without excavation,
that what was done to us could not lawfully be done.
We are the ones who did not give up.
When ninety percent of attorneys said it was too hot, too old, too hard,
we kept reading. We kept asking. We kept the file open.
We are the ones who uncovered these impossible non-starters.
A motion that cites evidence from the future.
A judgment that grants relief no one requested.
A record that omits the lawyer the plaintiff knew existed.
A verdict built on documents that were never filed.
We are a building sold at auction—illegally, arts be damned.
We are what was left behind when the auction gavel fell.
We are the few who refused to become a footnote.
We are SubJudice.art.
We are not yet a building again. We are not yet a trust.
We are a community under judicial consideration—
and a judgment rendered on us will be void when the consideration is complete.
We are the 10%.
The ones who read the Six EZ Pieces and felt their spine click into place.
The ones who were there, or wish they had been, or recognize a lost world when they see one.
We are you. If you were there. If you stayed. If you're ready to come home.
If you ran the box office. If you swept the stage. If you pulled shots until your wrist gave out.
If you bought the latte. If you saw the shows. If you stayed after everyone else went home.
If you just showed up, again and again, until showing up became who you were.
We are not waiting for the building to return.
We are the building now. We always were. We just dematerialized under the immense weight of a legal system bound to get one answer, whether right or wrong.
We will be back. Welcome home.
Ten-Minute Plays
Ten-minute plays. The six pieces are your prompt. Wherever it leads you.
Ten-minute plays. The six pieces are your prompt. Wherever it leads you.
THE ONE ACTS
One Act Plays that speak from the heart
about the world we live in,
or the world we should—could—live in.
Work that shines a light on what lies beneath the surface.
Work that explores the things we all carry.
The six pieces are not a requirement.
They are an invitation.
If not, send us what you carry.
One Act Plays that speak from the heart
about the world we live in,
or the world we should—could—live in.
Work that shines a light on what lies beneath the surface.
Work that explores the things we all carry.
The six pieces are not a requirement.
They are an invitation.
If not, send us what you carry.
Full Length Plays
that speak from the heart,
to show us something that matters,
or something we can’t resist
or something we can't avoid.
that speak from the heart,
to show us something that matters,
or something we can’t resist
or something we can't avoid.
WHY NOW?
For years, we chased dead ends.
Every path led to the same wall:
a judgment that should not stand,
could not stand,
yet stood anyway.
We read the same files until the binding cracked.
We called attorneys who told us we were right—
and then told us they couldn't/wouldn't help.
We knew something was wrong.
We couldn't name it.
Then, just after Christmas,
a broken ankle.
Bedridden. No work. No meetings. No errands. No escape from the stack of paper and the dizzying array of issues.
And there it was.
Not hidden in a deposition. Not buried in a footnote.
Right there, on the face of the RJI:
No opposing attorney listed.
But the plaintiff had been negotiating with our attorney for months.
Extensions. An answer. Acknowledgment of representation.
They knew his name. They had his address.
They just chose not to tell the court.
That's not a mistake. That's fraud.
All the other fatal flaws—the future-dated affirmation, the phantom documents, the unrequested judgment, the stranger's name on the verdict— they matter. Each one alone is fatal.
But this was the thread.
Pull it, and the whole thing unravels.
So now we pull.
Sixteen years. One broken ankle. One thread.
Now we're here.
For years, we chased dead ends.
Every path led to the same wall:
a judgment that should not stand,
could not stand,
yet stood anyway.
We read the same files until the binding cracked.
We called attorneys who told us we were right—
and then told us they couldn't/wouldn't help.
We knew something was wrong.
We couldn't name it.
Then, just after Christmas,
a broken ankle.
Bedridden. No work. No meetings. No errands. No escape from the stack of paper and the dizzying array of issues.
And there it was.
Not hidden in a deposition. Not buried in a footnote.
Right there, on the face of the RJI:
No opposing attorney listed.
But the plaintiff had been negotiating with our attorney for months.
Extensions. An answer. Acknowledgment of representation.
They knew his name. They had his address.
They just chose not to tell the court.
That's not a mistake. That's fraud.
All the other fatal flaws—the future-dated affirmation, the phantom documents, the unrequested judgment, the stranger's name on the verdict— they matter. Each one alone is fatal.
But this was the thread.
Pull it, and the whole thing unravels.
So now we pull.
Sixteen years. One broken ankle. One thread.
Now we're here.
Music
Singer-songwriter. Small band. Orchestra.
Work that speaks.
Work that resists.
Work that remains.
Singer-songwriter. Small band. Orchestra.
Work that speaks.
Work that resists.
Work that remains.
Dance
Solo. Duet. Ensemble.
Site-specific. Proscenium. Street.
Work that lives in the body
because the body was the evidence
the court refused to see.
Choreography that carries what we carry.
Movement that will not be silenced.
Solo. Duet. Ensemble.
Site-specific. Proscenium. Street.
Work that lives in the body
because the body was the evidence
the court refused to see.
Choreography that carries what we carry.
Movement that will not be silenced.
Monologue
A single voice.
Unamplified.
Unanswered.
Someone alone in a room
who refuses to stay silent.
The six pieces are not a requirement.
Neither is the foreclosure.
Neither is the law.
But if you have a voice
that needs a room,
we are building one.
A single voice.
Unamplified.
Unanswered.
Someone alone in a room
who refuses to stay silent.
The six pieces are not a requirement.
Neither is the foreclosure.
Neither is the law.
But if you have a voice
that needs a room,
we are building one.
---
coming soon
coming soon
coming soon
#3 of the Legal Nullities List
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
=================
#3 of the Legal Nullities List
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
TAKE A LOOK
The Docket showing dates of Cross motion to dismiss, Judgment of foreclosure and decision cross motion:10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
TAKE A LOOK
The Docket showing dates of Cross motion to dismiss, Judgment of foreclosure and decision cross motion:10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
PARTNER WITH US
You run a theater. A festival. A presenting house. A space that believes in the power of live performance to do more than entertain.
We are SubJudice.art.
We are not yet a building. We are not yet a trust. We are a community of artists, co-conspirators, and former denizens of a lost theater, gathering work in response to six fatal legal errors that stole a stage from Brooklyn.
Why partner with us?
Because we come with work that is:
- Ready. Plays, music, dance, monologues—submitted, reviewed, curated, and waiting for a stage.
- Audience-tested in spirit. Work born of the same ethos that filled a theater for twenty years: intimate, urgent, unwilling to look away.
- Low-barrier. No elaborate tech riders. No weeks of load-in. Work designed to inhabit a room, not conquer it.
Because we come with artists who:
- Want to be in your space. Not just for a night—for a conversation, a residency, a relationship.
- Understand the economics of small houses. We are not asking for your full budget. We are asking for a foot in the door.
Because we come with a story:
- A sixteen-year foreclosure built on fraud.
- A judgment void from the start.
- A community that refused to become a footnote.
- An audience that has been waiting for the curtain to rise again.
What does partnership look like?
That is for you to tell us.
A co-production. A rental at cost. A slot in your off-season. A reading series. A workshop residency. A single performance.
We are itinerant. We are adaptive. We are persistent.
We do not need you to save us. We need you to share your stage.
Why now?
Because the motion is filed. The clock is running. The judgment that stole the Lyceum will be vacated—or we will receive damages that fund a trust.
Either way, the work exists now. It is not waiting for a resolution. It is waiting for a room.
We are looking for partners who believe:
— That a show does not need a Broadway house to matter.
— That a community does not need a permanent address to be real.
— That a theater is not a building. It is what happens inside it.
If that is you, let us talk.
We bring the work. You bring the stage.
The audience will find us both.
WHY BOTHER
TL/DR
because if no due process for a theater,
probably no due process for anyone
THE REST OF THE STORY
Because a foreclosure is just a form.
Until it's your door.
Because a judgment entered without notice to counsel
is not a judgment—it's a theft with a stamp on it.
Because the plaintiff knew our attorney existed,
negotiated with him, received an answer from him,
and then erased him from the record before asking the court for relief.
That is not a scrivener's error. That is a deliberate act.
Because if they could do it to us,
with a twenty-year theater, hundreds of events, thousands of patrons,
a building that stood for 183 years before they ever filed a motion—
if they could do it to us, and get away with it for sixteen years,
then they can do it to you.
Because the same statutes that should have protected us
are still on the books.
The same courts that should have caught this
are still open for business.
The same attorneys who told us it was too hot, too old, too hard
are still the ones you call when someone comes for your door.
Because if due process is optional here,
it is optional everywhere.
We are not fighting for a building.
We are fighting for the proposition that the rules mean what they say.
If the rules don't protect a theater,
they don't protect anyone.
That's why we bother.
That's why we're still here.
That's why we will not stop
TL/DR
because if no due process for a theater,
probably no due process for anyone
THE REST OF THE STORY
Because a foreclosure is just a form.
Until it's your door.
Because a judgment entered without notice to counsel
is not a judgment—it's a theft with a stamp on it.
Because the plaintiff knew our attorney existed,
negotiated with him, received an answer from him,
and then erased him from the record before asking the court for relief.
That is not a scrivener's error. That is a deliberate act.
Because if they could do it to us,
with a twenty-year theater, hundreds of events, thousands of patrons,
a building that stood for 183 years before they ever filed a motion—
if they could do it to us, and get away with it for sixteen years,
then they can do it to you.
Because the same statutes that should have protected us
are still on the books.
The same courts that should have caught this
are still open for business.
The same attorneys who told us it was too hot, too old, too hard
are still the ones you call when someone comes for your door.
Because if due process is optional here,
it is optional everywhere.
We are not fighting for a building.
We are fighting for the proposition that the rules mean what they say.
If the rules don't protect a theater,
they don't protect anyone.
That's why we bother.
That's why we're still here.
That's why we will not stop
... SubJudice.art ...
While we fight our injustice ...
we prepare for the inevitable:
arts return to a theater
-or-
arts elsewere funded by a trust...
Submit you work for review!
Join the theater as a member... Join the theater as an advisor...
because not serving attorney = no service = void from the start NO MATTER HOW MUCH TIME HAS PASSED.
we prepare for the inevitable:
arts return to a theater
-or-
arts elsewere funded by a trust...
Submit you work for review!
Join the theater as a member... Join the theater as an advisor...
because not serving attorney = no service = void from the start NO MATTER HOW MUCH TIME HAS PASSED.
FAQ:coming soon
PARTNER SCHOOLS
Theater. Music. Dance. Art. Law.
You train the next generation of artists, advocates, and arts administrators.
We are SubJudice.art. We are not yet a building. We are not yet a trust. We are a community of artists and co-conspirators, a soon to be pending motion.
We are also a teaching opportunity.
Why partner with us?
Because your students need future resources.
🎭 THEATER & MUSICAL THEATER
Masterclasses, residencies, and side-by-side production.
🎶 MUSIC
Composition, performance, and the question of what a song carries.
💃 DANCE
Movement that refuses to be silenced.
🎨 VISUAL ART / ART HISTORY / CURATORIAL
Documenting what was erased. Archiving what remains.
⚖️ LAW / ARTS ADVOCACY
Take a look. Take a chance. Take a seat..
What does partnership look like?
That is open for discussion.
A guest lecture. A semester-long residency. A single masterclass. A clinic rotation. A co-produced evening of short plays. A student assisting with our submission review panel. A class visit to our digital archive. A work-in-progress showing.
We are itinerant. We are adaptive. We are persistent.
We do not need your budget line. We need your focus.
Why now?
Because the motion is soon to be filed. The clock is running. The judgment that stole the Lyceum will be vacated—or we will receive damages that fund a trust.
Either way, the work exists now. It is not waiting for a verdict. It is waiting for a classroom.
Your students will graduate. They will book venues, manage contracts, advocate for creators, make work that matters. The question is what options will they have to present.
ARTS TRUST
We want the building back.
We want the risers and the espresso machine and the worn spot on the stage where the soloist stood.
We want the folding chairs and the lobby light and the sound of 150 people settling in at curtain.
That is the goal. That is what we are fighting for.
But we are realists.
A judgment may come that says: You are right. The foreclosure was void. The sale was void. But with the building in use as a gym, itmay not lend itself to theater as well as it once did.
If that happens, we will use the building.
But we will have something else.
A portion of the damages. A trust. A mandate.
Not a memorial. Not a plaque.
A living fund that does what the theater did:
gathers artists, audiences, and the people who serve them both,
in whatever space will have us.
Itinerant. Adaptive. Persistent.
We will produce the work we always produced.
We will pay artists what they always should have been paid.
We will find the empty storefronts, the borrowed stages, the unexpected rooms,
and we will make them theaters for a night, a week, a run.
The building was never the thing.
The thing was what happened inside it.
If we cannot have the building,
we will take the thing elsewhere.
This is not a backup plan.
This is the same plan, adapted to a different future.
Either way, the work continues.
Either way, we remain.
Either way, the trust serves the art, and the art serves the community that refused to let it die.
The building is the dream. The trust is rhe certainty otherwise.
We want the building back.
We want the risers and the espresso machine and the worn spot on the stage where the soloist stood.
We want the folding chairs and the lobby light and the sound of 150 people settling in at curtain.
That is the goal. That is what we are fighting for.
But we are realists.
A judgment may come that says: You are right. The foreclosure was void. The sale was void. But with the building in use as a gym, itmay not lend itself to theater as well as it once did.
If that happens, we will use the building.
But we will have something else.
A portion of the damages. A trust. A mandate.
Not a memorial. Not a plaque.
A living fund that does what the theater did:
gathers artists, audiences, and the people who serve them both,
in whatever space will have us.
Itinerant. Adaptive. Persistent.
We will produce the work we always produced.
We will pay artists what they always should have been paid.
We will find the empty storefronts, the borrowed stages, the unexpected rooms,
and we will make them theaters for a night, a week, a run.
The building was never the thing.
The thing was what happened inside it.
If we cannot have the building,
we will take the thing elsewhere.
This is not a backup plan.
This is the same plan, adapted to a different future.
Either way, the work continues.
Either way, we remain.
Either way, the trust serves the art, and the art serves the community that refused to let it die.
The building is the dream. The trust is rhe certainty otherwise.
AMA:coming soon