JUDGES WHO CHEATED THE BROOKLYN LYCEUM TO WIN: Brian M. Cogan, Carol Bagley Amon, William F. Kuntz, Carla M Craig, Donald Scott Kurtz, Laura Jacobson
--The Brooklyn Lyceum has been through a decade long struggle against Jean Miele for contract violations and alleged general dishonesty. During that time the mortgage note on the building got sold to a new partner of Jean Miele. That "partner" initiated a foreclosure against the Lyceum.
--Then the economy tanked and that partner sold almost all of their resources to save one project. They sold the note on the building for 33 cents on the dollar to a group run by Arthur Cornfeld and David Topping. They bought the note at a very odd time, legally speaking, as they bought it 18+/- months after the Lyceum had defaulted (not answered) the foreclosure claim.
--Well, there is a law on the books CPLR 3215c that says if you fail to prosecute a default for more than 12 months you have abandoned the claim (foreclosure) through inaction. When we raised that with NY State Supreme Court Justice Donald Scott Kurtz, he was unaware of the statute and had his Law Clerk, Gina Levy Abadi, look up the statute.
--Judge Kurtz then asked Christina Bost Seaton why they didn't refile the claim? Christina cried that the foreclosure that they bought, as abandoned no less, had taken so long that she didnt't think it was fair to make someone who bought an abandoned complaint start a new complaint. Judge then gave Christina Bost Seaton time to respond. Respond she did. She produced an affidavit from .. who said that the Lyceum had been given several extensions but that he had no records of the extensions, either on paper or phone records. Well this is cute. My attorney said, he had no records either. The caselaw in 3215c says that an unsubstantiated, challenged and controverted attorney affidavit had no value. That's what we said and showed in opposition papers. But wonderful Judge Kurtz ignored our papers and found that there had been extensions. Thus continues the trail of judiciary oddities being played out as that finding was completely inappropriate, in general, and ridiculous on the face of the record when the decision had been made.
Check the tabs below for specifics and get an understanding of how Brooklyn Judges seem to break the law regularly.
>>>>The issues are bigger than whether the Lyceum continues as a theater or event space. If anyone has had trouble like this with their judges, we want to know.<<<<