WEBSITE IN PROGRESS
-----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).
This travesty that must be corrected
for the courts to have any validity at all.
--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.
... SubJudice.art ... an art series waiting for a home.
-----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).
This travesty that must be corrected
for the courts to have any validity at all.
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, 3 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 of the Legal Nullities List
A notice of motion must be served on any opposing counsel.
If it is not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked,
any judgment on the motion is anullity.
was not served on a known to plaintiff opposing counsel.
A notice of motion must be served on any opposing counsel.
If it is not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked,
any judgment on the motion is anullity.
TAKE A LOOK
The Notice of Motion sought judgment of foreclosurewas not served on a known to plaintiff opposing counsel.
#2 of the Legal Nullities List
A notice of motion must contain a citation to some statute that authrizes what movant is seeking.
If it does not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked, any judgment on the motion is anullity.
A notice of motion must contain a citation to some statute that authrizes what movant is seeking.
If it does not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked, any judgment on the motion is anullity.
TAKE A LOOK
The Notice of Motion sought judgment of foreclosure without citing to any statute.#3 of the Legal Nullities List
An motion signed on October 13, 2009
cannot legally reference an affirmation,
as evidence/proof dated in the future, October 26, 2009.
An motion signed on October 13, 2009
cannot legally reference an affirmation,
as evidence/proof dated in the future, October 26, 2009.
#4 of the Legal Nullities List
If a piece of necessary evidence exists
only attached to an unnoticed attachment to a motion,
it is not before the ourt.
Here the only place the
"Proof of Service" of the complaint on the borrower exists ...
is attached to an affirmation...
attached to a motion
but not actually cited to in the motion.
If a piece of necessary evidence exists
only attached to an unnoticed attachment to a motion,
it is not before the ourt.
Here the only place the
"Proof of Service" of the complaint on the borrower exists ...
is attached to an affirmation...
attached to a motion
but not actually cited to in the motion.
#5 of the Legal Nullities List
Judgment cannot grant what was not requested .... and
it cannot be premised on non-existent evidence
We have both here, a default judment when that was not requested
and premised on 2 non-existent affirmations.
Judgment cannot grant what was not requested .... and
it cannot be premised on non-existent evidence
We have both here, a default judment when that was not requested
and premised on 2 non-existent affirmations.
#6 of the Legal Nullities List
Action by un-noticed party ...
Any entity in a case who seeks relief from the court
must be an entity both legally in the case,
either by service of a summons,
or, by court order placing them into the case
... and, if that, be noticed by some communication, a notice, that they have been substituted into the case.
That is what we have here. the initiating plaintiff sold the claim to another entity,
and got the court to substitute in the new entity as plaintiff.
WHY DOES THAT MATTER?
there is another necessary procedure,
someone has to tell all the parties that there is a new plaintiff.
And that is the rub, absent telling all other parties there is a new plaintiff,
no order in that new plaintiffs name can, as they say, bind any party.
And, in the odd event that there is a subsequent order
dependant on that prior order befor notice,
than second order is... yup ... a nullity.
Absent some paper trail of notice that there is a new plaintiff by court order,
no paper issued by the court can bind any party.
Action by un-noticed party ...
Any entity in a case who seeks relief from the court
must be an entity both legally in the case,
either by service of a summons,
or, by court order placing them into the case
... and, if that, be noticed by some communication, a notice, that they have been substituted into the case.
That is what we have here. the initiating plaintiff sold the claim to another entity,
and got the court to substitute in the new entity as plaintiff.
WHY DOES THAT MATTER?
there is another necessary procedure,
someone has to tell all the parties that there is a new plaintiff.
And that is the rub, absent telling all other parties there is a new plaintiff,
no order in that new plaintiffs name can, as they say, bind any party.
And, in the odd event that there is a subsequent order
dependant on that prior order befor notice,
than second order is... yup ... a nullity.
Absent some paper trail of notice that there is a new plaintiff by court order,
no paper issued by the court can bind any party.
TAKE A LOOK
FILES HEREIf you believe any of the above 6 issues,
let alone any one,
especially the first one,
are ridiculous,
SO ... DO ... WE ...
They are so ridiculous that we believe that
one of two things will inevitably occur:
--The Foreclosure sale of the Theater
will be vacated,
allowing for a return to programming the theater.
----OR----
--if that is warranted but impractical,
taking a portion of the equitable damages
to fund an itinerant arts trust.
If you feel this way too ...
we need:
--Artistic submissions to produce while we fight,
and in preparation for any possible win...
have some slate of events in process.
--AND--
--A few groups of advisors.
feel free to run these Six EZ pieces by any legal guru you know.
let alone any one,
especially the first one,
are ridiculous,
SO ... DO ... WE ...
They are so ridiculous that we believe that
one of two things will inevitably occur:
--The Foreclosure sale of the Theater
will be vacated,
allowing for a return to programming the theater.
----OR----
--if that is warranted but impractical,
taking a portion of the equitable damages
to fund an itinerant arts trust.
If you feel this way too ...
we need:
--Artistic submissions to produce while we fight,
and in preparation for any possible win...
have some slate of events in process.
--AND--
--A few groups of advisors.
feel free to run these Six EZ pieces by any legal guru you know.
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!
Submit your work ---- 10-Minute Play ----One Act Play ---- Full Length Play ---- Music ---- Dance ---- Monologue
HOW IT WORKS: Submit work for review.
If selected, work with us to produce the work in TBD locations.
You are not required to produce or perform,
or pay any fee beyond the submission review fee,
but we welcome your participation.
---Selected or not, your submission
will be reviewed for production again,
when the legal dust settles,
before any post dust settled submissions.
---So, 2 shots with one submission.
---The panel reviewing the second time will be done as much of the voting members/advisors as choose to participate.
---YOU SHOULD REVEW THE 6 FACTS.
They are the basis for this cause.
---THERE IS A FEE FOR REVIEW.
It is nominal and covers time and effort for the review.
An arts opportunity forged in the steel tempering heat of
fighting for what is just, and right, and required... by law!
Submit your work ---- 10-Minute Play ----One Act Play ---- Full Length Play ---- Music ---- Dance ---- Monologue
HOW IT WORKS: Submit work for review.
If selected, work with us to produce the work in TBD locations.
You are not required to produce or perform,
or pay any fee beyond the submission review fee,
but we welcome your participation.
---Selected or not, your submission
will be reviewed for production again,
when the legal dust settles,
before any post dust settled submissions.
---So, 2 shots with one submission.
---The panel reviewing the second time will be done as much of the voting members/advisors as choose to participate.
---YOU SHOULD REVEW THE 6 FACTS.
They are the basis for this cause.
---THERE IS A FEE FOR REVIEW.
It is nominal and covers time and effort for the review.
SUBMITTING MEMBERS GET TO VOTE ON WHAT TO PRODUCE NEXT.
--the ending with the later of the end of the 1st calendar year afters submission,
--or, the end of the 1st calendar year after vacating the sale of the theater or settlement.
--Voting will happen, at a minimum, 3 times a year.
- Earn votes. MAX: 12 :
- Each Ten minute play submissions gets one vote.
- Each One act play submission gets two votes.
- Each Full Length play submission gets three votes.
- Each Music submission gets one vote.
- Each Dance submission gets two votes.
- Each Monologue submission gets one vote.
--the ending with the later of the end of the 1st calendar year afters submission,
--or, the end of the 1st calendar year after vacating the sale of the theater or settlement.
--Voting will happen, at a minimum, 3 times a year.
ADVISORS:
Two categories
TACTICAL
LEGACY
Two categories
TACTICAL
LEGACY
FAQ
coming soon
coming soon
Ten-Minute Plays
10-minute plays about anything.
10-minute plays about anything.
The One Acts
One Act Plays that speak from the heart
about the world we live in,
or should/could live in
—shining a light on what lies beneath the surface
and exploring the things we all carry.
One Act Plays that speak from the heart
about the world we live in,
or should/could live in
—shining a light on what lies beneath the surface
and exploring the things we all 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.
---
Anything from singer-songwriters to small bands.
Innovative work
One person pieces.
coming soon
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
coming soon
WHY BOTHER
because if no due process for a theater,
probably no due process for anyone
because if no due process for a theater,
probably no due process for anyone
... 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.
coming soon
coming soon
coming soon
coming soon