CPW Towers, LLC v. Maddox, Index No. L&T 86146 (Civ. Ct., N.Y. Co. 2014) last appeared on the calendar on November 30, 2016. As is customary, afterwards, I spent over two hours in the hallway discussing the case and particularly addressing the lack of landlord ability to offer proof of ownership of Apt. No. 7C, 392 Central Park West, New York 10025 with those in attendance.
In American jurisprudence, a litigant is always on the clock. A person who is unaware of the concept of Statute of Limitations, would have to be naive or a “slave.” A chief issue is to address “proof of ownership.” A demand under CPLR § 3042 should do the “trick.” Unfortunately, tenants must seek another remedy. This was discussed on November 30, 2016.
This case has a history of “bait and switch.” Landlord went “judge-shopping” in PWV Acquisition, LLC v. Maddox L&T Index No. 065683 (Civ. Ct., N.Y. Co. 2005). Landlord caught a “whale.” It was done in “derogation” of CPLR § 2221. That judge, without being concerned about landlord correcting the deplorable conditions in said apartment, ordered tenants to pay rent.
Alton Maddox has been “constructively evicted.” No suitable workspace exists in the apartment. Alton Maddox is responsible for all litigation costs. Judges expect all papers to comply with CPLR and New York Rules of Court. In 1903, Booker T. Washington financed litigation for Blacks to enjoy the “Bill of Rights” and not the “Bill of Rites.”
In 2016, Real Property Actions and Proceedings Law still deny to Black tenants the Bill of Rights. Most Blacks are in denial. They still refuse to accept oath-takers who refuse to make any laws, as being merely Black titleholders. Whites practice “Umoja” and “Kujichagulia.” President-elect Donald Trump will become the commander-in-chief on January 20, 2017. Henry Knox was the first “Secretary of War.”
If Mr. Trump declares war against the world, no one expects Mr. Trump to dig in his pocket for a dime. On the other hand, blacks have refused to amass a “War Chest” in the face of myriad pro bono cases. Since I was “debarred” from the practice of law, I have still continued to shoulder, mostly alone, the responsibilities of Blacks. There have been no notable exceptions.
It would seem, if a person who is willing to sit in the “hot seat.” Those persons, who are the beneficiaries should at least, let whites know that the Maddoxes are not alone. Office of NYS Attorney General made it clear that New York State, under CPLR § 1012 et. seq. had Steven Pagones’ back. The Black community “buried its head in the sand.” Alton Maddox, C. Vernon Mason, Al Sharpton and Tawana Brawley were “sacrificial lambs.”
If United African Movement, Freedom Party and Freedom Retreat for Boys and Girls were not “chitlin-circuit operations” it would include an attorney, an accountant and a corresponding secretary to be able to start working on this assignment post haste. There would be a “war chest.” “Time is of the essence.”
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