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Hello there -
Are you the only owner involved in the suit? If yes, are there any other owners who are supporting you in this in order to show a court that there is a real danger of money going missing or innocent buyers and sellers being hurt due to the falsification of documents IF the court does NOT issue an order halting all transactions until your case is resolved?
I have evidence of all falsified documents. I am the plaintiff in the case. The Secretary has blatantly created a lease to sell an apartment she does not own.
I ask the question because I just want to caution you that it is very, very difficult to get a court to agree to stop every transaction happening at the coop in order for the court to hear one case. If this was a widespread problem and there are a lot of tenants who believe that their own documents may have been tampered with, then the court might agree to do this -- however, with one case it will be difficult.
In any event though, you would file a Motion with the court (clerk's office) and ask the court to put the motion onto the court calendar for a motion hearing in front of the judge that the case is assigned to.
The clerk's office may have generic motion forms that you can use but I doubt it -- you will have to draft something like this up from scratch
If I am able to show sustained abuse in other forms? Other than the falsified document? But I am filing for a motion to...? (to do what exactly?)
You would have to ask the court for an Injunction (please bear with me because this chat typing is acting wierd tonight and it is veryslow)
You will need to seek a Motion to Stay Sales/Lease Transactions at XXXXX property."
ANd then in the body of the motion you explain what the motion is for and you explain why you are seeking it and why it is important to the entire coop owners for the court to do this
In a motion filing drafted from scratch, you have to use the same heading (court name, case number XXXXX name) as you use in all other filings. Then partway down you center text the title of the motion
Then you will start off with a short paragraph stating that you are seeking an injunction / court order to stop all sales/lease transactions at the coop due to improper handling of coop required documentation by the Secretary of the Board, more particularly described as follows.........
And then you start using numbered paragraphs to explain what it is you seek, why you seek it and what proof you have for the court to rely on when issuing the injunction.
Something like this:
1. On XXXXXX date the board was leasing a coop to XXXXXXXX located at XXXXXXXXX NY
2. As part of that transaction, the Secretary of the coop board was required to XXXXXXXXXX (set out her duties in writing)
3. The Secretary did not do XXXXXXXXX (or failed to do --- the point is to write in clearly what it is she was required to do with the lease and the documents and then what it was she did or did not do that resulted in the tampering/falsification of lease documents).
4. As proof of this deliberate tampering/falsification of the leasing documents, attached hereto please find a copy of XXXXXX (here is where you would attach a copy of the document as it should have been (if you can) and then a copy of what the Secretary actuallt completed or did that was not correct or was a deliberate falsification.
At the end of setting forth the statement of facts, what happened in this particular part of your overall interactions with the Secretary and/or the board then you would write up another small paragraph asking the court to issue the injunction. SOmething like .....
"For the reasons set forth above, and in light of the potential harm that could be done to the owners. lessors and lessees of Coops in the building if there is deliberate (or even accidental) mishandling of ownership and leasing documents by the Secretary or by the board itself as alleged in my complaint dated XXXXXX, the interests of justice require that the purchase and sale and leasing transactions at this Coop be suspended until the underlying civil case XXXXXXXX V. XXXXXX is heard and decided by this Court"
And then you sign and date the Motion and submit it to the clerk's office asking for a hearing date -- you are also required to serve copies of the motion to the other side (defendants) in the case and they are permitted to file a written response to your request with the court prior to the hearing date
That is pretty much how a motion is written from scratch -- you try to be as brief and as CLEAR as possible and if you can you attach a pirce of evidence that will show the court that your underlying claim that you are suing on has merit and that others might be harmed if they are allowed to sell and lease coops through the time period it takes for your case to be heard in the full court.
ANd then at the motion hearing, you can get a little more into details with the judge regarding why the motion/injunction is very important in this case.
However, I will tell you again that when a person is asking the court for an injunction for anything -- basically you are seeking a court order that the court forces a person or a business to cease and desist an entire activity or an entire operation and such injunctions /court orders are not taXXXXX XXXXXghtly by the court -- they do not like to issue blanket orders telling any party to basically cease a normal part of day to day operations until your case is heard (which could be a year away). The court is more inclined to try to fashion some other remedy like suggesting that the Secretary be suspended of her duties during that time period or that the Secretary not be permitted to handle leasing documents during that time period.
That is very helpful thank you- even if the Sec. is suspended that will be worthwhile. Repeated abuse in coop.
SO, this may be an uphill battle for a full injunction -- but you may get some order out of it limiting activities at the coop for a while anyway.
Okay -- I just want you to keep your expectations in the right place -- and you may even want to suggest to the court at the oral argument that if they are squeemish about a full cease and desist order then perhaps they can issue an order that the Secretary not handle such matters until the case is heard?
I appreciate your detailed response. I wish I were able to get more help from you regarding my process- I'm basically pro se.
Please let me know if you have any further questions. If not, can you please press the 3rd, 4th or 5th smile face so that I will be rated and paid for my time? I am paid NOTHING unless you press a positive rating before you leave this chat page --pressing a positive rating will NOT cost you any more money, it simply acts as the trigger to pay me for my time. Please come back anytime and ask more questions -- that is what we are here for.
I am on most evenings from about 7 pm to about 3 am EST and I practiced and was licensed in NY for about 10 years up intil 2008 when I settled in MA (and did not want to pay two bar assn license fees every year!)
Thank you - how can I reach you? I'm basically requesting a court receiver to dissolve the board.
If you start your questions with "For Mary Legalease" and then continue typing the question, the other lawyers will leave the question on the open question board for me -- even if I am offline and it takes an hour to get back to you (and, if there is ever a time when it seems that I am offline or it is takling too long then you can just go in and request that another lawyer review the question instead).
Excellent - I appreciate your response very much.