Kenmore Housing Development Corp

CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : HOUSING PART
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 KENMORE ASSOCIATES, L.P.  &                 :         Index # 071507/2007  &                                                         
 HOUSING & SERVICES INC.     &                 :          Index # 52851/2006
 Norris McLaughlin & Marcus                          :
                                    Petitioner,                        :        AFFIDAVIT IN SUPPORT
                          v.                                                 :        OF MOTION TO DISMISS
                                                                              :                 PRE-ANSWER
,                                                  :
                                                                              :
                                  Respondent.                     :
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    (State of New York)
    (County of New York)                                                                           

  SS: I,____________________, ( ), Respondent in this Action, being duly

sworn, hereby depose and state: That plaintiff's "Collateral Attack" on respondent's

FIFTH AMENDMENT and Due Process Civil Rights is a Strategic Lawsuit Against

Public Participation (SLAPP). The RICO's CRIMINAL BARRATRY  is retaliation for

respondent's attempt to obtain REMEDY & SEVENTH AMENDMENT rights. Petitioner's

UNLAWFUL OBSTRUCTION of JUSTICE of the Honorable Jean Schneider's LAWFUL

AUTHORITY is grounds in and of itself for DISBARMENT and INDICTMENT. Notice of

Petition & Petition were defective and unlawfully served. Petition to Recover Possession

of Real Property is UNSIGNED (att. fax to NM&M) and NoP&P was not sent by certified/

registered and regular mail and no attempts at personal service were made.
    
    The RICO, in "both" cases, violated FDCPA  by having their "Debt Collector" sign

Predicate Notice, without required Validation Notice. If this is disputed (not stipulated to)

respondent will require appearance of both "debt collectors"at trial (Romea v. Heiberger & Assoc., 989 F.Supp. 712 (SDNY 1997).
    
    Petitioner (RICO) due to SECTION 8 status of respondent (even if induced by

"Landlord"Fraud) is required to follow Federal "Williams Consent Judgment" (Quesada

v. Hernandez, 5 Misc 3d 1028 (A)[NY Sup. 2004]). In "both" cases petitioner failed to

include or Serve or Notice NYCHA or DHPD. Upon Information and Belief (see att.),

RICO is receiving (unlawful) Section 8 subsidy, negating any need for "rent".
     
    Respondent requests of Court that $1,000,000 Fine/Damages be levied Jointly &

Severely against Dean Roberts/Mia Falls, Norris McLaughlin & Marcus and/or

Kenmore Associates a.k.a Housing & Services inc. a.k.a. Kenmore Housing Corp. a.k.a.

Kenmore Housing Development Fund Corp..
    
    Plaintiff's five cases against respondent (3 dismissed) and well over 400 Housing

Cases against tenants in stolen government property (only 320 apartments) in the last

10 years constitute Vexatious and Frivolous Litigation, Abuse of Process and the Courts.
 
 WHEREFORE, respondent prays for the granting of an Order from the Court

dismissing petitioner's Petition in its entirety, and for all such and further relief that this

Court may deem just and appropriate.



                                                                               ______________________________
                                                                              , Respondent Pro-Se
                                                                                145 east 23rd street #4R
                                                                                New York, NY 10010



Sworn Before me on the
 13th Day of June, 2007