The Decision

Recent Decisions of the Appellate Division, Second Department
by Elizabeth Stull (court@brooklyneagle.net),

published online 02-15-2008, Brooklyn Eagle Newspaper

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A few recent decisions of the Appellate Division, Second Department, which address appeals from the Brooklyn courts.

Mortgage Foreclosure

In a mortgage foreclosure action, the defendant appealed from state court order that granted the plaintiff’s motion for summary judgment.

The Appellate Division, Second Department affirmed former Brooklyn Justice Theodore T. Jones’ order.

“The plaintiff mortgagee satisfied its burden of demonstrating its entitlement to judgment as a matter of law by producing evidence of the mortgage debt and the mortgagor’s default, including an acknowledgment of the unpaid debt by the principal of the mortgagee,” the appellate court wrote, citing case law.

In opposition, the defendant failed to raise a triable issue of fact with regard to any legally viable or cognizable defense to the action, the appellate panel concluded. Justice Mastro presided, with Justices Fisher, Dillon and McCarthy, concurring.

Karen .M. Smith, appellant pro se. Jerry I. Lefkowitz represented the respondent. Combined Ventures, LLC, respondent, v. Fiske House Apt. Corp., et al., defendants, Karen .M. Smith, appellant. 2007-02721 (Index No. 14449/06).

The Case for Jubilee

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

------------------------------------------x Index 14449/06

COMBINED VENTURES L.L.C

REPLY TO OPPOSITION

-AGAINST-

FISKE HOUSE APT. CORP., DANNY BROWNE, KAREN V.M. SMITH, DEPARTMENT OF FINANCE OF THE CITY OF NEW YORK, AND JOHN DOE #1- 8 (DEFENDANTS)

Opposition #1. I Karen V.M. Smith, did not request that the order to appoint a receiver be vacated as “totally non-meritorious and frivolously” as accused by the plaintiff’s attorney. I do not deny Hornbrook’s law. I have exercised my right to request that this appointed agent be removed and a new one assigned as applicable law CPLR 6404 allows for. My Answer dated 6-21-2006 was in before he was assigned on 7-3-2006. on page 4 of said assignment it gives clear instructions not to proceed if an answer has already been placed questioning the validity of said mortgage. This agent continued without letting due process proceed and my answer be given full consideration in a trail.

Oppositon #2 “That ‘Ms.’ Smith has no defense to the within action and that she has no standing to bring an application because she is not the mortgagee” I have been named as a defendant in this action, therefore I have the right to defend. I am 100% liable for this mortgage both as the owner of Fiske House Apartment Corp., which I own 100% and also personally as the guarantor for the mortgage. It does not lend to reason that I not be able to defend myself in any manner of which I feel fit. The Plaintiff is going to request that my answer be stricken from the record based on a non-meritorious excuse.

Therefore the pending application to strike based on locating John Doe 1-8 is also non-meritorious because the reason they needed to be located is that they have not lived on the premise since 7-1-2006 at which time their stock option expired.

Opp. #3. “A letter forwarded to my office by ‘Ms’ Smith dated July 28, 2005 wherein she admits the debt in the within matter in the first paragragh” In the same letter that I admit to the debt I owe them, I also request that the debt be forgiven by the plaintiff. Thus begins the Estopple defense. I note that I have wired funds for the 2nd mortgage of $170,000.00 as my consideration for the forgiveness of the debt for the sins of their forefathers. I sent $2000.00 and it was never returned as non-payment.

I will further prove that one of the owners of Combined Ventures in particular benefited greatly for his for-fathers involvement in slavery (Mr. Ray Rothschild) and that slavery is one of the “Sins” I am referring to. That the sins are just as tangible as the $135,000.00 I received in hand after paying the plaintiff’s attorney fees, my attorney, points, taxes and other fees. That the Cotton that my for-parents picked which created the wealth of America, which created the New York Cotton Exchange (currently the New York Stock Exchange) which created every single minted US dollar because every dollar bill is made of 100 percent cotton is in and of itself the tangible connection for their forgiveness

I will show the trace of said plaintiff’s forefathers involvement in franchising the middle passage of slavery and thus prove that this Estoppel is justifiably requested and legally binding. Therefore it is not a frivolous argument. When the council for the plaintiff’s brought in the “race card” argument it implied that African Americans have no bases to claim any grievance, both, past or present. I will prove by the crux of my defense that we do. It goes to reason that if the Jewish man (which the plaintiff is) can go into Palestine and demand land based on Heritage rights of 1000 years ago, then an African Descendant (of which I am) can ask for forgiveness of any debt for the free labor my ancestors provided. I will also do it based on proof of the gross, indifferent, in-humane and tortuous conditions (as well as usury) practice that slavery was. I plan to prove all of this in the forthcoming case and I categorically deny any “race card” maneuver. In fact, in “Exhibit H” of the plaintiff’s opposition to motion, this letter was my way of letting them know that what I am doing was nothing personal but strictly necessary.

Opp. #4. “The Plaintiff attempted to work with ‘Ms.” Smith …and that is the reason that the within action was not commenced until May 11, 2006.” The Estoppel defense makes note that ‘a reasonable time’ must be taken for an action against a debtor who ask for forgiveness or they default. I beg to differ as to why the plaintiff’s took so long to bring suit. The Plaintiff was waiting to assume the first mortgage which actualized for them in May 2006. see Exhibit “A”. If they where indeed trying to work with me, then at the very same time they were also undermining me by positioning themselves to take the underlying mortgage, and indeed they acquired it. However, you will note that Acrobat Reality is not made mention in this foreclosure suit, of which the suit states that “there is no other mortgage” Which leads me to believe that, that portion of the debt was forgiven. Thus giving me reason to believe this portion of the debt is within bounds for an Estoppel defense.

I have attempted the undaunted task of finding a reasonable price for a human being. The slave trade swiped up hundred’s of millions of African descendants globally. My building is worth over 3 million dollars. It is both where I live and work. I have put this all on the line for just one of my ancestors. However, given the mass amount of wealth these plaintiff’s have enjoyed at my forefathers expense, I didn’t think asking them to forgive $170,000.00 was much of a request.

Respectfully submitted.
Karen V.M. Smith
Defendant

"For Closure" and "For Giveness"

My Auction date is April 17th, 2008 3pm @ 360 Adams Street. The title of Auction is Combined Ventures LLC. –vs.-Fiske House Apartment Corp., Karen V.M. Smith …Et al. The Property address is 22 Fiske Place, Park slope, Brooklyn. But this is not just a story of a loan gone bad. It is a story of Forgiveness. A story, I think, America needs to listen to. Why? Because it’s me on the Auction Block, Just like my Fore-Fathers and Mothers before me. What do I mean?

My lenders consist of 3 men, one of whom was my broker, Mr. Dignello,. Mr. Ray Rothschild, Mr. Michael Cibelli, Three White men. My loan was private. It called for 12% interest only, ($1700.00mthly) and a total payoff in one year of $170,000.00. Predatory? Maybe. Harsh terms? Possibly. Why did I take it? I needed the money.

The short of it. My building is an eight unit Co-op. Worth over 2.8mil. After 911, people moved out, I needed to renovate to move in new tenants. I had a flood, insurance would not pay. I took the loan. I also had one stabilized tenant at ($420.00 who refused to pay her rent) two co-owners in apartment 3R who haven’t paid since getting the closing documents in 2001 And, an underlining mortgage to pay a regular bank. This coupled with taxes, water, heat, and electricity and maybe some groceries for my son took a toll on my ability to pay it all.

Now, what does For-Giveness have to do with these series of unfortunate events that lead to my Auction date?

Well, "Sub-Prime" Lending focused on African-Americans. "Sub-Human" was the term that sold the concept of Slavery to the masses in America. Harder terms, Higher rates, impossible odds with car loans, credit cards, mortgages, job prospects, Our Men, Women and Children locked up in a Justice System that uses them for free labor, an education system that stymies growth and hope, Medical inferiority. Life as a Black Person? Or just Poor People? Or Just People? I think Debt-Slavery is converging on everyone, regardless of race, creed or color.

Back then Slavery was legal. They said it was to Civilize the African. Today, a great majority of us are called Criminals. So, they need to lock us up, in order to Correct us, in Correctional facilities. (They call jail) The masses buy into this because they fear for their lives. In fact, every time a police over-seer (officer) fears for his life. We die. 41 bullets, 50 bullets….. Their fear, kills us, jails us. Does anyone see a pattern here?

Now, it is common knowledge, that one’s environment has a large impact on the success or failures in society. In some instances, America’s environment has been toxic towards the group that built its overwhelming wealth. I speak of cotton pickin' Africans and the fact that the US dollar is made (primarily) of Cotton. The money did grow on trees, we just didn’t get any.

Back to my auction. On July 28th, 2005, I wrote my lenders, requesting them “to forgive the Debt for the Sins of their forefathers.” I sent them $2000.00 as compensation. Legally the term is “Estoppel.” On, May 11th, 2006 they commenced a foreclosure action against me and my business. The Supreme Court at 360 Adams Street did not allow me to try the case (#14449/2006…No triable issues. Justice Theodore Jones) The appellate court up-held the denial (#2007-02721…Failed to raise triable issues… Justices., William F. Mastro, Steven W. Fisher, Mark C. Dillon and William E. McCarthy JJ.)

My Ancestors did not get any Justice or her children any Reparations (as did the Jewish population and the Japanese), so I thought I’d give it a try with these men. I may not save my home, but I am encouraged by the fact, that the Federal Reserve Chairman has asked for the “Principle to be lowered and interest rates from banks” (forgiveness of debt) I am encouraged, not just for myself and my people, but for everyone suffering from this unchecked greed. After all, what is one man doing with a billion dollars, while millions go hungry? And why does Africa owe Europe or America any Debt, when her children already paid the price of Human sacrifice.

I’m having a gathering in front of the Court house on Saturday April 12th 360 Adams, 12:30pm. It will be a mock trail and Auction. I will stand on the Auction Block as my forbearers before me. And I will ask for the forgiveness of this debt one more time. Please join me. Contact (changernyc.org) if you are suffering a fore-closure for some information on how to help yourself. I did all my own legal proceedings and wrote a book about it, entitled “BACK OFF….please” Trust me you can back them off, with a bit of knowledge. Peace and Light Karma

"Estoppel" the madness of debt slavery

ESTOPPEL CASE SOUGHT FOR PRIME PARK SLOPE PROPERTY

Just weeks before the 200th Anniversary Celebration of the abolition of slavery being held in Charleston, VA and just as Britain’s Prime minister Tony Blair acknowledges the wrong of slavery and his country involvement (although he offers no official apology). And weeks after the brutal murder of African American Sean Bell who along with friends attending his bachelor party were shot at by police who emptied 51 shots at the unarmed men…it seems that the issue of reparations plays in the background like a melodic soundtrack waiting for the climax of this never ending story. The climax of this story may very well begin with one single woman on the verge of tackling big real-estate giant Combined Ventures L.L.C. which includes International Banking & Finance Dynasty Rothschild a dynasty going back 232 years of German Jewish origin that established operations across Europe, and was ennobled by the Austrian and British governments.

On May 9th 2006, COMBINED VENTURES L.L.C filed suit against FISKE HOUSE APT. CORP., DANNY BROWNE, KAREN V.M. SMITH, et al for allegedly defaulting on a mortgage for a property located in Brooklyn’s posh Park Slope Community. Karen Smith who is the owner of FISKE HOUSE APT CORP and is also named as co-defendant in the case, is the primary representation in the case against her and her corporation. Karen Smith is the landlord of the 8 apartment building and has owned the property for 10 years. About two years ago Ms. Smith decided to cease mortgage payments and in a truly bizarre twist boldly asked that the remainder of the debt be forgiven due to the sins of the plaintiffs forefathers who benefited and profited from the slave industry that occurred in this country for 400 years. Ms. Smith is seeking an Estoppel case (Forgiveness of the debt) in her defense and seriously intends to take this case to the highest court in the land if need be.

Ms. Smith states in her recent briefing: “I will further prove that one of the owners of Combined Ventures L.L.C. in particular benefited greatly for his fore-fathers involvement in slavery (Mr. Ray Rothschild) …. The Cotton my fore-parents picked that created the wealth of America, which also created the New York and London Cotton Exchange (currently the New York and London Stock Exchange respectfully) which, invariably, created every single paper US dollar bill. The fact that every dollar bill is made of at least %75 percent cotton is, in and of itself, the tangible connection for their forgiveness.

The slave trade devoured, engulfed and ravaged hundred’s of millions of African descendants globally. My building is worth over 3 million dollars. It is both where I live and work. I have put this all on the line for just one of my ancestors. However, given the mass amount of wealth these plaintiff’s have enjoyed at my forefathers expense, I didn’t think asking them to forgive $170,000.00 was much of a request.”

For her efforts her case has been dubbed frivolous by the plaintiff’s attorney Mr. Lefkowitz, who seeks to recover Combined Ventures LLC mortgage owned on the property without any serious consideration for Ms. Smith’s claim.

Ms. Smith further states, “It goes to reason that if the Jewish man (which the plaintiff is) can go into Palestine and demand land based on Heritage rights of 1000 years ago, then an African Descendant (of which I am) can ask for forgiveness of any debt for the free labor my ancestors provided. I will also do it based on proof of the gross indifference, in-humane and tortuous conditions (as well as usury) practice that slavery was.”

What is it truly that Ms. Smith hopes to gain from all of this? She simply wants for this family to acknowledge their role in one of the greatest tragedies in modern history and give back some of what they have been able to amass as a result. Then further start serious discussions and healing over the issue of slavery in this country and the world. It is well documented that the Trans-Atlantic slave trade industry (which included the import export of human beings, cocoa, sugar, tobacco) is responsible for the great wealth of the western world. It was an industry where a group of people were forced to submit to free labor. And, just as decedents of the Rothschilds, JP Morgan Chase, The Hiltons and countless others inherit the riches of their families dynasty, isn’t it just as clear that decedents of slaves in this country are eternally connected to their ancestors and thus seek to rectify the wrongs of their families history and any money owed to them. It is a just and noble cause for the free labor that built this country and the countless others that were
built on it.

“The conversation is not about complaining about the past but simply righting the wrongs of the past”, says Ms. Smith.."There is no statue of limitation in natural law for correcting an injustice done 4 days ago or 400 years hence. The fact is, without correction there will always be continued disturbance. So, after slavery, we have a nation suffering from negrophobia. Which in turn stems systematic racial hatred, hatred creates self-hatred, self-hate be-gets self-destruction. Our neighborhoods and our nation is witnessing the product of these ripple effects. I have chosen to ask for forgiveness from a group of men who can afford to give it. I, in turn, have forgiven their forefathers. This action created a catharsis {a healing affected by bringing to light the source of the pain}. Predatory lending [is prevalent in my race -- bringing forth the highest foreclosures],Police brutality [stemming back to when white men simply lynched black men as a form of justice] , black on black crime [Self hatred, deep seeded pain, and hopelessness], overwhelmingly imprisoned [ A systematic modern day slave force], poor education equal poor people.........My building making it to the auction block is nothing in comparison to my ancestors being placed on the same auction block {naked,scared, humiliated, degraded} and then worked to death. How can we cease the negative affects of slavery if we don't acknowledge it and then stop it? That is why I stopped paying this interest only mortgage of 12%."

The Show

I picture standing in front of the Judge, getting my sentence of losing my house and then standing on the auction block personally and with my house. While the auctioneer sells me off. I think that could prove to be provocative. We can do different scenarios of what the process looks like for other folks losing their home. Like act 1 (Combined Ventures llc. vs. Karen V.M. Smith) act 2 (Bank of America vs Americans) act 3.

The props can look like that. We can have someone walk across the stage with that on a placard. since there will be no mikes.

On Sunday I will have a stoop sale/ Auction of my personal property in front of my house. April 13th. It will be "Trying to save my home, sale" To the highest bidder.

Take Action

A homeowners rally will be held on Saturday April 12th at 12:30pm in front of the Supreme Court Building 360 Adams Street, off Court Street in Brooklyn. Spread the word. There will be a mock Auction of my house and I will stand on the Auction Block personally in memory of our Ancestors. Spread the word. As you know my Auction date is scheduled for April 17th at 3pm in the same court. I have asked my lender Mr. Rothschild to forgive the debt for the sins of his forefathers. But to no avail. So I'm having this last push for him to reconsider.

Speak Up!!!

I was one of the passengers on the Middle Passage Monument Project in 1999 who lowered a monument in the middle of the Atlantic Ocean as a proper burial to all who died at sea during the Atlantic Slave Trade. Now, I am working with the team to see the replica of this Monument make it to Bermuda and beyond. It has been my life's mission to help heal the wounds caused by slavery and study the mindset that continues to perpetuate that kind of usury."

At the moment, I am literally putting myself and my home on the auction block because the people I am up against have had a deep hand in profiting from the business of free labor. Today they profit from cheap labor, impossible interest rates, and hard terms. It's all the same mindset behind slavery. The banks continue it now through debt instead of shackles. I figure we have to tackle that mindset. It takes all of our different efforts to do it. So, although this looks like a mere debt issue, It's more than that. Its about life and death.