CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : HOUSING PART
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KENMORE ASSOCIATES, L.P. & : Index # 071507/07 & HOUSING & SERVICES INC. & Norris : Index # 52851/06
McLaughlin & Marcus :
Petitioner, : OMNIBUS
v. : MOTION TO
: DISMISS WITH
: PREJUDICE II
: JURY DEMAND
Tenant, :
:
Respondent. :
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PLEASE TAKE NOTICE, that upon the annexed Affidavit of ____________
, Respondent, sworn to on the 12th day of September, 2007, and upon
all exhibits & papers annexed hereto, the undersigned (respondent) will move this
Court at a Motion term held before Room 1164(b) at the New York County (Civil)
Courthouse located at 111 Centre Street, on the 20th day of September, 2007 at
9:30 A.M. , for an order: (1) That SPECIAL APPEARANCE be granted to
challenge lack of PERSONAL JURISDICTION Book Review, New York Civil Practice, Vol.112 U.Pa.L.Rev. pp. 1222, 1230 (1963)(CPLR § 3211).
(2) That JURY TRIAL be granted for instant motion (CPLR §2218).
(3) Motion to Recuse Judge Kevin McClanahan ("The Court") "in the clear absence of jurisdiction", and for Bias.
(5) Motion as to whether Court is operating under Authority (Rules and Law) of Hearing Officer or Judge.
(6) Motion to Dismiss for violation of CPLR § 2214 and Defective Petition.
(7) Motion to Dismiss for failure to include DHPD and/or NYCHA and/or HUD as parties (CPLR §3211).
(8) Motion to Renew/Reargue Omnibus Motion to Dismiss and Vacatur of Stipulation.
(9) Motion to Dismiss for defective Predicate Notice (no "landlords" signature).
(10) Motion to Compel production of witness list, any evidence for Trial and Reply to Answer.
(11) Motion for Change of Venue to SDNY Federal District Court at Plaintiff's Cost, if not Moot.
WHEREFORE, respondent prays for the granting of an Order from the Court
dismissing petitioner's Notice of Petition & Petition in its entirety, granting
respondent's Motion(s) and for all such and further relief that this Court may deem
just and appropriate.
________________________
Tenant Respondent pro se
145 east 23rd street #4R
Petitioners counsel: New York, NY, 10010
Norris McLaughlin & Marcus, P.A.
875 Third Avenue Fl 18
New York, NY 10022
Dated September 12, 2007
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