Because Dream Homes can become Nightmares
To the Editor:
New York State Supreme Court Justice David
Demarest is a powerful man. So powerful, in fact, that he can
make a court case just disappear. He can say a court case was
settled, when it never was, even if he never met with the
representation for that case to discuss a settlement. Even if
there is absolutely no paperwork to support his claim, he doesn't have
to worry about it.
I'm referring to two separate cases, one for
shoddy construction, and one for the fraud uncovered during "Discovery"
in the shoddy construction case. Separate cases, with distinctly
separate representation, different Index numbers, even different
parties! On February 27, 2006, Judge
Demarest gave us his word that a settlement in the shoddy construction
case would not affect the fraud suit. He acknowledged in the
Court Record that the fraud case was still in existence with these
words, "and you have another case. . . "
Since the fraud suit was far more important to
us than the shoddy construction issue, we settled the latter, relying
on Judge Demarest's word that the fraud case would continue, confident
that our evidence of fraud would reach a jury.
Four months later, on June 29, 2006, in his
Decision, Judge Demarest wrote that
the fraud case had been settled as well. Poof! Just like that,
Judge Demarest made it disappear. It was so easy for a busy judge
to sweep his desk clean, even though this issue has taken up more than
ten years of our family life.
What he did wasn't fair, wasn't right, and in
my opinion it was illegal. The Appellate Division chose to ignore
the issue--the rights of an individual proceeding pro se weren't
important enough for them to bother considering. The point is, if
it could happen to us, it could happen to anyone under David Demarest's
jurisdiction. It could happen to you, regarding the most
important issue of your life.
In my opinion, it is a shame that David
Demarest is running unopposed for re-election as Supreme Court
Justice. In my opinion, he doesn't deserve the title "Honorable."
To view this letter with backup documentation, please go to
http://www.constructionmismanagement.org/whereisyourhonor.html
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