I'll think of sumptin 2 put here,
soon as I toke on the Right Spliff.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT of GEORGIA
C O M P L A I N T
MR. CAPRICE CAPRICE
(Formerly Known As)
MR. NORMAN B. CALVERT Pursuant To
Plaintiff Pro Se
-against- Amendments 5 and 14
M. RUBIN & CO. LLC; Docket No. 13 CV _________ (UNK)
MR. MORRIS RUBIN
JURY TRIAL DEMANDED
MR. CAPRICE CAPRICE, under penalty of perjury, hereby alleges that:
1. I am the Plaintiff in the above captioned COMPLAINT. (Exhibit A 1)
2. I am a 68 year old Decorated and Disabled Viet Nam Veteran, with TWO
HONORABLE DISCHARGES from the United States Army. (Exhibit A 2)
3. I am rated as 100% Disabled by the Veterans Administration. (Exhibit B)
4. I am a Layman in matters of the Law, and I request that this honorable Court
liberally interpret my Pro Se COMPLAINT according to the U.S. Supreme Court’s ruling in Haines v. Kerner, 404 U.S 519, 92 S Ct 652(1972): “When reviewing pro se complaints, the court must employ standards less stringent than if the complaint had been drafted by counsel.” See also Harris v. Mills, 572 F. 3d 66, 72(2d Cir. 2009): “[District Courts] remain obligated to construe pro se complaints liberally.” And also
Triestman v. Fed. Bureau of Prisons, 470 F. 3d 471, 474-75 (2d Cir. 2006), ruling that: Pro se complaints should be read with “special solicitude” and should be interpreted to raise the “strongest [claims] that they suggest.”
5. I also request that this honorable Court take all of the factual allegations that
I make in this COMPLAINT as true, and view them in the light most favorable to the Plaintiff, in accordance with the United States Supreme Court’s ruling in Sheuer v. Rhodes, 416 U.S. 232, 94 S Ct 1683 (1974); to wit: “The complaint’s factual allegations must be taken as true and viewed in the light most favorable to the plaintiff.”
6. This is a Civil Action seeking relief and/or damages to defend and protect
the rights and privileges guaranteed by the Constitution of the United States. This Action is brought pursuant to Amendments 5 and 14 of the U.S. Constitution; and this Court has Jurisdiction over this Action pursuant to 28 USC §§ 1331 and 1332.
7. Venue is appropriate in this honorable Court because the Plaintiff herein
resides within the Jurisdiction of this Court.
8. This COMPLAINT claims that the Defendants herein UNLAWFULLY caused
me to get evicted from my home, by means of FRAUDULENTLY representing to the
New York City Housing Court, Index No. 33280-11 (Exhibit G); the New York City Civil Court, Index No. CV-033023-11/BX (Exhibit E); and the New York State Supreme Court, Index No. 309725/2011 (Exhibits J), that they were the Legitimate owners of the building where I lived, when, in fact, they had NO LEGAL STANDING to conduct ANY business with said building, by virtue of the fact that the Defendant herein, MR. MORRIS RUBIN, and three of his cohorts, did transfer the Deed to said building to the Defendant herein, M. RUBIN & CO. LLC, on May 13th , 1996 (Exhibits F 1, and F 2), when Defendant, M. RUBIN & CO. LLC, did not even EXIST at that time, inasmuch as said Defendant did NOT file its Articles of Organization with the New York State, Secretary of State until January 22nd, 1997 – FULLY EIGHT MONTHS LATER (Exhibit F 3(A)) - which is contrary to the New York State Limited Liability Company Law §§ 203(a) and (d); and New York Code § 203 (Exhibits F 3(B) and (C)); moreover, I signed a Lease with the Defendant herein, MR. MORRIS RUBIN (Exhibits C 1 and C 2); but it was the Defendant herein, M. RUBIN & CO. LLC, who was the sole Petitioner in the UNLAWFUL Eviction proceedings against me in the New York City Housing Court (Exhibits G, K 1, and K 2); thereby denying me DUE PROCESS.
9. On May 28, 2010 I was released from New York State prison, after 15 years.
10. The Veterans Administration had misdirected more than $135,000.00 of
my money to somewhere in Texas, and it was inaccessible to me for several weeks.
11. About three weeks after my release from prison I was able to “borrow”
$10,000.00, and I immediately went in search of my own living quarters.
12. I signed a Lease for the very first apartment that I went to look at, which
was the one from which I was later UNLAWFULLY EVICTED. (Exhibits C 1 and C 2)
13. I signed that Lease for one year, on June 22nd, 2010. (Exhibit C 1)
14. From the very beginning I had major difficulty getting anything fixed.
15. Shortly after I moved in my bathroom ceiling collapsed. (Exhibit C 4)
16. I had to wait until the NYC HPD Dept. came to fix it for me.
17. The attached article from The Riverdale Press will verify that there was
NO meaningful repairs being done to that building by anyone. (Exhibit C 3)
18. For greater insight into this, you can Google “Slumlord Morris Rubin”.
19. I had come to learn that my constant requests, pleadings, and cajoling, to
get any repairs done in my apartment were, at best, merely exercises in futility.
20. On December 21st, 2010 I came to Georgia for a Family Holiday Visit.
21. However, on December 27th, 2010 I was called to a 40 day Spiritual Fast.
22. That Spiritual Fast ended on February 5th, 2011, and five days after that I
returned to my apartment in the Bronx, NY.
23. During the 50 days that I was gone, there was five BLIZZARDS in New
York City – while in Georgia, it was mostly shirtsleeves weather; a “no brainer”.
24. Because of that, and because I could never get any repairs done in my
apartment, I decided to leave, and buy a house in Brunswick, Georgia. (Exhibit D)
25. I literally had “One foot in the door, and the other foot on a banana peel”.
26. Then a friend of mine, who has a Special Needs Child(5 years old then),
asked me to find out whether my building takes Section 8, so his Mom could move nearby to him, to help him take care of his Special Needs son.
27. I telephoned Defendant MR. MORRIS RUBIN to inquire about that.
28. Defendant, MR. MORRIS RUBIN, immediately launched into a vociferous
and vehement vituperation, demanding the rent that I was in arrears; and in doing so, he threatened to: A) Take me to Court; B) Ruin my credit; C) Stop me from buying that house; etc., etc., etc.
29. This occurred in early March, 2011; and while I hadn’t paid any rent since
December, 2010, I explained to him that the two months Security Deposit($3,200.00), when applied to my rent arrears, would leave just the month of March, which I promised to pay at $100.00 per month for 18 months(a 12.5% ROI).
30. He demanded immediate payment of the entire rent arrears, and he
threatened to take me to Court; and then my house deal fell completely apart.
31. I preempted him in Court, by filing an Action in the New York City Civil
Court, claiming “Warranty of Habitability” violations. (Exhibit E)
32. A clerk there erroneously informed me that the name of the company
which owned that building was “Rubin Ocean, LLC”, another Rubin Company.
33. My Process Server discovered the error, when he attempted to serve the
Summons on RUBIN OCEAN, LLC, through the New York State Secretary of State.
34. He told me that the proper name was “M. RUBIN & CO. LLC”.
35. I returned to that Court, and got the Deed for that building, listing the
Defendant herein, M. RUBIN & CO. LLC, as the owner. (Exhibit F 1)
36. I subsequently went to the New York City Register’s Office, where I got
the original Deed, which more prominently showed the transaction date.(Exhibit F 2)
37. That transaction date was May 13th, 1996.
38. I then called the New York State Secretary of State’s Office, to ensure that
M. RUBIN & CO. LLC was the proper Legal name for that Business Entity.
39. I was informed that it was the proper Legal name, and that the Articles of Organization were filed with the Secretary on January 22nd, 1997.(Exhibit F 3(A))
40. I was like: W.T.F. !?!?!?!?!?!?!?!?!?!?!?!?
41. I ASKED IF THEY WERE SURE ABOUT THAT DATE !?!?!?!?!?!?!?
42. They were POSITIVE about the date.
43. I was like: W O W !!!!!!!!!!!! UNBELIEVABLE !!!!!!!!!!!!!
44. This was, by coincidence, the same day that M. RUBIN & CO. LLC filed an Eviction Petition against me in the NYC Housing Court; June 7th, 2011.(Exhibit G)
45. I answered that Petition with a Motion to Dismiss, based on the fact that M. RUBIN & CO. LLC had no Legal Standing to require ANYTHING from me.
46. That Court had no interest in my argument, or my Documents; they were only concerned with whose name was on the Deed at that time.
47. I then filed a Petition in the NYS Supreme Court, by an ORDER TO SHOW CAUSE, seeking a STAY in the Lower Court’s Proceedings.(Exhibit H 1 & H 2)
48. That Court issued the STAY, with a return date of January 17th, 2012.
49. The Defendants herein appeared in Court with NO ANSWER !!!
50. The Defendants herein were ORDERED by that Court to submit a written Answer to my OSC; which is hereto attached as “Exhibits J 1 – J 3”.(Exhibits J 1 – J 3)
51. Time and again the Defendants herein and therein PERJURED them- selves, as to myriad and multitudinous MATERIAL FACTS, in that Answer.
52. However, I must admit that, MOST OF IT IS TRUE.
53. For want of a better phrase, they are “Falling on their swords”.
54. They “Parrot”, almost EXACTLY, EXACTLY what I claim.
55. Talk about a “Comrade in Arms” LOL LOL LOL LOL
56. In response to the Defendants’ herein and therein, ANSWER, the New York State Supreme Court’s Judge, Hon. ALLISON Y. TUITT, reversed her ORDER TO STAY, thereby opening and paving the way for this UNLAWFUL EVICTION.
57. New York City issued the UNLAWFUL NOTICE OF EVICTION against me on Friday, September 21, 2012. (Exhibit K 1)
58. I am a 100% Disabled, Old Wounded Warrior !!!
59. The New York City Marshals executed that UNLAWFUL NOTICE OF
EVICTION against me, on October 16th, 2012. (Exhibit K 2)
60. I am a 100% Disabled, Old Wounded Warrior !!!
61. On October 16th, 2012, I Printed my Last Letter from my home (Before I was UNLAWFULLY EVICTED), to Judge Allison Y. Tuitt. (Exhibit L 1) In that Letter I duly apprise Judge Tuitt that I had been actually Evicted, and I ardently implore her to issue an Expedited Ruling in this Action, and specifically focus on the NYS Limited Liability Company Law, vis-à-vis the filing of the Articles of Organization. My request was TOTALLY IGNORED by that Court; even though I had complained about this to the Administrative Judge, Hon. Douglas E. McKeon, on two separate occasions.
62. I was living out of my car --- with my Pit Bull !!!
63. THEN CAME S A N D Y !!!
64. SANDY saved my Life.
65. My disability is Psychiatric in nature, and I was waaaaaay STRESSED!
66. The Depression was physically painful and agonizing; surceaseless!
67. I am Suicidal, and I couldn’t have been moreso, than at that very time.
68. I bought one of those doohickeys that converts the car’s DC current, to AC current, so I could SCREAM about this OUTRAGE to the Media; with my computer.
69. And I did so – DAY AND NIGHT – because I was on a Mission.
70. But nobody answered. NOBODY !!!
71. With the exception of that time that the Defendants’ attorney came to Court unprepared to answer my ORDER TO SHOW CAUSE, as was ORDERED by that Court, the few times that I was told to await something, has always been 30 – 60 days.
72. Inasmuch as 30 – 60 Days is the normal response time to render a DECISION in an Action such as mine; and inasmuch as that time began on September 24, 2012 [almost 10 months ago](Exhibit M); Equal Protection under the Law is attached to my COMPLAINT, pursuant to the U.S. Constitution’s 14th Amendment.
73. SUCH A DELAY IS TANTAMOUNT TO VIOLATING MY CIVIL RIGHTS.
74. I postponed “Buying the Farm” until I could vote for President Obama.
75. In that interim, SANDY struck, and when the Salt Water surmounted the barriers to all of those underground Electrical Wires, and there was all of that talk about how Salt Water is so much more damaging to electrical connections than Fresh Water --- and I was consuming inordinate amounts of salt in my diet --- I concluded that there is a very strong possibility that the salt in my system could be a source of Neural/Electrical misfirings in my brain; and that could very well be being combined with profound Nutritional Deficiencies due to my unbalanced diet at that time.
76. So, before I made such an irrevocable decision, perhaps it would be fair and prudent to check into the VA Psych Ward to cleanse my system of the Dreck.
77. Accordingly, on November 8th, 2012 I Voted for President Obama; I returned my 2012 Toyota Camry XLE to the Dealer; I surrendered one of my cool assed Disabled Viet Nam Veteran License Plates to the New York DMV; and I entered into the Bronx Veterans Hospital’s Emergency Unit, with Suicidal Ideations.
78. Less than 50 hours before I was to be discharged – to certain Suicide, an arguable, though absolutely verifiable MIRACLE occurred; and I altered my agenda to stay with my former wife, Constance, and my daughter, China, in Snellville, Georgia.
79. On December 17th, 2012 I filed a COMPLAINT about this matter to the New York State Attorney General’s Public Integrity Bureau, which they recently answered by stating that they couldn’t be involved in this, because it was currently being litigated in the Court. (Exhibit L 2(A) and L 2(B) added hereto)
80. Thereby giving rise to this Instant COMPLAINT.
IN THE EVENT THAT this Honorable Court requires evidence of any prior Actions of mine in the Federal Courts, such is attached hereto as “Exhibit N”.
WHEREFORE your Plaintiff respectfully requests that this Court ORDER that: A) DAMAGES be awarded to the Plaintiff in the following manner: $16,000.00 in Compensatory Damages; $15,000,000.00 in Punitive Damages; and 10,000,000.00 for Mental Anguish, Pain, and Suffering; B) Adjudication of Index No. 309725/2011-BX be Expedited; C) Plaintiff be returned to his Home FORTHWITH – to live Rent Free – until a Proper Legal owner of the Majestic can be determined; D) Plaintiff be
given First Dibs on the Purchase of the Majestic, after it is drained of its Equity; E) Plaintiff be, and is, Entitled to any “Whistle Blower” payments made as a result of the I.R.S., and any State, Regional, or Local Governments retrieving back taxes; F) Any such other and further Relief as this Court deems to be Just, Proper, and Equitable.
DATED: Snellville, GA 30039
July 15th, 2013
MR. CAPRICE CAPRICE
Plaintiff Pro Se
3166 Boulder Creek Road
Snellville, GA 30039-4788
ENCLOSURES: 29 Supporting Documents; Exhibits A 1 thru N.
TO: M. RUBIN & CO. LLC MR. MORRIS RUBIN
4 Weyant Drive 4 Weyant Drive
Cedarhurst, NY 11516 Cedarhurst, NY 11516
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