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Started February 20 2018
Reviewed June 3
2018 1856 GMT

COUNTY OF NEW YORK IAS PART [pending reassignment]





INDEX # 2371 1991

        Petitioner - Landlord


and “JOHN DOE” and “JANE DOE”,


INDEX # 404960/96





INDEX #  103754 1995

Monday June 4 2018

The Honorable Milton A Tingling
New York County Clerk
Clerk of the Court
NYS Supreme Court for New York County
60 Centre Street -  Room 161
New York NY 10007

Motion Intake for Room 130
NYS Supreme Court for New York County
60 Centre Street -  Room 119
New York NY 10007

ATTN:  Manuel J Tavárez Esq

Dear Gentlemen:

Enclosed is a copy of an Article 60 Motion.

This is an ex parte application for orders relating to insurance litigation arising from a burst steam pipe in a residential coop apartment building many years ago.

The litigation is still relevant because no judgment was ever entered in the matter; with some very serious repercussions.

In what should have been an exceedingly simply payment of a claim which was undisputed, movant’s insurer (falsely self-styled as a corporation called USAA) initially harassed insured that he had been at fault for residing in a tall leaky Manhattan residential building of the subject type - a rather amazing proposition given that movant’s insurer had just accepted his full payment in return for indemnity.

This bizarre insurer behaviour continued, leading the movant to become an expert in many areas of insurance and to discover that the insurer’s management had engaged in a host of other non-insurance activities funded by money not returned to its member/investors, raising all the while the American Flag, while the flag that should have been raised was the Jolly Roger.

In slightly other words, the bizarre behavior of the insurer led movant to  explore why he was being harassed.  The outcome was his discovery of an affinity fraud played out over many years across many managements that amounts into the $ billions and is the subject, inter al., of other actions at the Federal regulatory level, which are on going, and which may result in the breakup of the USAA.

Before proceeding, it is important to note that USAA engages in intentionally misleading language about the essence of its organizational nature.

For example, it routinely seeks refuge in the corporate business judgment rule, argues as if there were shareholder rights and limitations, etc., without ever being a corporation despite paying some persons millions of dollars to be so-called “directors”.  They may as well have been called chipmunks, because there is no and never has been any corporation.

So what is USAA?

USAA is a strange and rare bird:  it is an unincorporated mutual inter-insurance syndicate - an animal that consists of members ruled by an attorney-in-fact.  In such an animal - there is no pool of funds; nor is there really any insurance company at all.

You might ask, your honor, if there is no pool:  then how are claims paid?

Claims at USAA are paid by the individual members - individually and separately.

This is not a fact that USAA advertises.

This tax-advantaged style of business has allowed these managers to pocket $ billion of members’ individual moneys - allowing them the extra compensation deriving from an ever larger enterprise.

The more USAA became aware of movant’s increasing knowledge and understanding of the fraud - the more bestially and savagely management acted, culminating in the systematic surveillance of movant’s children in other states, and arranging for movant being placed in solitary confinement for 7 days in Nassau County Jail.

USAA management fuels its affinity fraud by plundering the litigation reserves.  Litigation reserves are a sine qua non to the affinity fraud.  That is why USAA litigated against me in the first place.

Until this question of USAA affinity fraud is resolved - USAA should be enjoined from doing business in NYS.

Very truly yours

Robert J Koenig
POB 720843
Jackson Heights NY 11372-0843
+ (cell)
fax:  + 

Notice of Motion, Verified Affidavit in Support , and allied pleadings.

                        99 % to the movant

                        1 % to 55 Liberty Owners Corp;

Statutory Provision for the Motion:

This is a CPLR Article 60 action for a provisional remedy in the above captioned matters, inter al.


I allege Extrinsic Fraud which fatally tainted the court and which is fatal to all orders in both index # 2371 1991 and index # 103754 1995.

The principal extrinsic fraud upon the court was a classic failure to join and to maintain the joining of a necessary party.


A movant has at all times the possibility of pleading fraud upon the court.

Fraud upon the court vitiates all all including statutes of limitations.

The reconstruction of the case files is the necessary first step to the court’s own sua sponte investigation into the matter - for which movant asks for a special master.

The Recent Event which Triggers the Motion:

The court’s case files (30 running inches) in the above captioned matters are “missing”.

Movant believes these files have been stolen from the court’s file room for the criminal purpose of covering up extrinsic fraud - and more.

Movant believes that the party or parties who have the greatest interest in covering up their fraud upon the court have stolen the court’s files and presently have them in their possession.

The Ur-Event which Triggered the Ur-Action:

In November 1989 a steam pipe explosion destroyed all tenant leasehold fixtures, installations, and personalty along with a modest amount of landlord property.  All leasehold fixtures, installations, personalty were tenant installed/owned.

The exploded steampipe, which was amply photographed by tenant’s insurer’s adjuster, resulted from the negligent failure of the 55 Liberty Street superintendent Robert J Phillips and the building architect Joseph Pell Lombardi to install this $100 plumbing fixture:

The peculiarities of the NYC condo industry prevailing, the duty and cost to restore the tenant leasehold fixtures, installations, and personalty fell 100% to movant: for which movant had obtained and paid for the requisite insurance contract- from USAA (really from the other USAA members)

With complete indifference to the outcome (as movant was fully insured), movant commenced the requisite legal actions to in effect obtain a declaratory judgement as to the allocation of the costs to restore the destroyed tenant leasehold fixtures, installations, and personalty. And with tremendous expense of money and time, movant joined his landlord to the action he had commenced against his insurer.

Movant believed then (in 1989) and believes today that the correct allocation of the costs to restore (along with the loss of use - which was also insured) fell 99% to the tenant (the movant) and 1% to the landlord.

99% + 1% = 100%.

USAA should have settled movant’s claim for costs and proceeded to seek reimbursement from the 55 Liberty Owners Corp.

Movant was the subrogor of certain rights as to recovery of those costs from other parties - e.g. the negligent landlord.

The right to make a subrogated claim to the landlord’s multi-peril policy underwriter was clearly invested movant’s insurer - the subrogee.

An absolutely necessary precondition to the orderly good-faith settlement of the matter was the joining of the necessary parties: which movant’s insurer obstructed.

Movant’s insurer’s failure to maintain joinder of movant’s landlord was an extrinsic fraud upon the court.


The persons in Exhibit “A” are to be noticed and joined to this action as necessary parties.


Upon information and belief, the Supreme Court Case Files in the above matters have been unlawfully removed from the County Clerk’s offices.

Upon information and belief, the two principal adversary parties, United Services Automobile Association and 55 Liberty Owners Corp, engaged in systematic extrinsic fraud upon the court.

Relief Requested:

Movant requests the return of his share certificate:


money damages for loss of usufruct through loss of occupancy of the premises appertaining.

As movant anticipates establishing to the satisfaction of a jury that there was a conspiracy to deny an ordinary work-a-day insurance claim; movant believes he is entitled to substantial money damages and punitive damages for the conduct of  his insurer and his cooperative apartment corporation which both owed him a duty of fair dealing and an absence of self-dealing.

And such other relief as is just and proper.

I reserve these rights:

  1. The right to submit a new motion alleging extrinsic fraud against me.
  2. The right to seek injunctive relief.

To close:  harassment by those who owe a duty to defend movant is classic extrinsic fraud to highest order.

State of New York
County of New York

BEFORE ME, the undersigned Notary Public, personally appeared Robert J Koenig who currently resides at ___________________________________________ in Clark County, Nevada and makes his statement and affidavit and affirmation of belief and personal knowledge that the following matters, facts,  and things set forth are true and correct to the best of his knowledge.

I declare under penalty of perjury under the laws of the State of New York that the foregoing is true and correct; except where I state facts that are upon information and belief - in which case I believe them to be true.


Robert J Koenig
Petitioner -
Pro Se
POB 720823
Jackson Heights NY 11372-0843
fax:  +


Notary Public


On this the ____ day of ______, 2018, the foregoing instrument was sworn, and where pertinent affirmed, and subscribed before me by Robert J Koenig, known or proven to me to be the person whose name is subscribed to the within instrument.


Manuel J Tavárez Esq
Management Analyst
County Clerk's Office
New York County
60 Centre Street Room 161
New York NY 10007
fax:  +1.212.374.5790

Exhibit “A”: Parties

Aaron "Ron" Goldstein Esq
Managing Director
Legal and Claims Practice Group
Aon Financial Services Group (“FSG”)
199 Water Street
New York NY 10038
+1 212.441.1282


Assistant Vice President
New York Specialty Claims Manager
Chubb Group of Companies
1251 Avenue of the Americas
New York NY 10020

Aaron Shmulewitz Esq
Current Counsel to 55 Liberty Street
Belkin Burden Wenig & Goldman, LLP
270 Madison Avenue
New York NY 10016

Abby [Lynn Bushow] Jeffries Esq
9138 71st Avenue
Forest Hills NY 11375-6705

Alan M Goldberg
Rosen Livingston & Cholst LLP
275 Madison Avenue - Suite 500
New York NY 10016
fax:  +1.212.687.8030

Andrew J Beal Esq
Chief Operating Officer and Chief Legal Officer
National Association of Insurance Commissioners
1100 Walnut Street  Suite 1500
Kansas City MO 64106-2197
fax:  +1.816.460.0261

Andrew Joseph Beal Esq
[USAA Subscribing Member] [to be verified]
701 W 120th Pl
Leawood MO 66209-1119

Andy MacIlwaine Esq
Dinse, Knapp & McAndrew, P.C.
POB 988
209 Battery Street
Burlington VT 05402-0988

Anthony D Perri Esq
46 Bayville Park Boulevard
Bayville NY 11709

Ashley E Street Esq
Attorney/ FASG Counsel/ Consultant
Financial Advice & Solutions Group
9800 Fredericksburg Road
San Antonio TX 78288

Austin Tighe Esq
Of Counsel
Nix Patterson & Roach LLP
3600 North Capital of Texas Hwy
Suite 350
Austin TX 78746

Barry J Yellen Esq
Vernon & Ginsberg LLP
261 Madison Ave # 26
New York NY 10016

Benjamin C Kirschenbaum Esq
Vice President And General Counsel
Cooper Square Realty Inc
6 E 43rd Street
New York, NY 10017-4609

Bernard Chodosh Esq
120 Duane Street
New York NY 10007

Bradford Whitman Rich
2102 E Sentry Ridge Ct
Tucson AZ 85718

Bradford Patrick
General Counsel
Wikimedia Foundation, Inc.
200 2nd Avenue S. #358
Saint Petersburg FL  33701-4313

Carol A Pisano
McElroy, Deutsch, Mulvaney & Carpenter, LLP
88 Pine Street 24th Floor
New York NY 10005
fax:  +1.212.483.9129 

Chayah Skye Esq
Office of Financial Counsel
Texas Department of Insurance
333 Guadalupe
Austin TX 78701
+1.512.676.6564 (o-direct) 

Cynthia Taylor Krier Esq
15060 Cadillac Drive
San Antonio TX 78248
+1.210.479.7774 (home office) 

Daniel P Richardson Esq
Tarrant, Gillies, Merriman & Richardson
44 E State Street
Montpelier VT 05602
+1.802.223.1112 ext 105 

David A Jones Esq
Strasburger & Price
2310 Broadway
San Antonio TX 78215

Deborah Ann Pochtar Esq
Imperial House
150 E 69th Street Apt 17C
New York NY 10021

Don Lebowitz Esq
280 Riverside Drive Apt 9A
New York NY 10025

Edward C Dawson Esq
Assistant Professor at Southern Illinois University
SIU School of Law
Lesar Law Building, Room 252
Mailcode 6804
[1150 Douglas Drive]
Carbondale IL 62901
+1.618.453.8758 (o-direct) 

Edward L Schrenk Esq
formerly SVP - USAA Insurance General Counsel
7 Village Circle
Westlake TX 76262
fax: +1.734.913.1899

Elizabeth Sue Fuller Esq
Subscribing Member and Employee
United Services Automobile Association
9800 Fredericksburg Road
San Antonio TX 78288
+1.210.456.3693 (o-direct) [needs confirm]

Fred L Seeman Esq
32 Broadway - Suite 1214
New York NY 10004
fax:     +1.212.385.8161

George Edward Joy Esq
134 Lakeview Drive
Boerne TX 78006

Gerald R. Tarrant Esq
Tarrant, Gillies, Merriman & Richardson
44 East State Street
PO Box 1440
Montpelier VT 05601-1440
fax:  +1.802,223.6225 

Gregory Scott Coleman Esq, Estate of
Yetter & Warden, LLP
221 West 6th Street, Suite 750
Austin TX 78701-3411
fax:  +1.512.533.0120 

Harvard Hollenberg Esq
General Counsel
Greater New York Insurance Companies
200 Madison Avenue - 3rd Floor
New York NY 10016

Harvard Hollenberg Esq
Senior Appellate Counsel
Roger Victor Archibald, PLLC
26 Court Street - Suite 711
Brooklyn NY 11242
fax: +1.718.237.1425

Henry L Saurborn Jr
Kaiser Saurborn & Mair PC
111 Broadway 18th Floor
New York NY 10006
fax:  +1.212.338.9088 

James O Druker Esq
Kase & Druker
1325 Franklin Avenue
Suite 225
Garden City NY 11530
fax:  +1.516.742.9415 

James P Corcoran Esq
680 5th Avenue- Suite 2201
New York NY 10019
+1.917.208.1963 (cell) 

James A Robbins Esq
Lang & Kontoroff LLP
One Grand Central Place
60 East 42nd Street
Suite 4600
New York NY 10165
fax:  +1.212.300.0648 

James G Samson Esq
Samson Fink & Dubow LLP
10 E 40th St # 708
New York NY 10016‎

The Hon James L. Seward
Senator for 51st Senate District of New York State


Chairman of the New York State Senate Insurance Committee

Room 917 Legislative Office Building
Albany NY 12247

Jeannie A Cuscione Esq
Associate Court Attorney
111 Centre St
New York NY 10013-4390

Jonathan J Fink Esq (suspended)
Samson Fink & Dubow LLP
10 E 40th St # 708
New York NY 10016‎

John Robert Seybert Esq
59 Watchogue Avenue Unit 23
East Moriches  NY 11940

Joseph B Kuroly Esq (suspended)
Harris King & Fodera
1 Battery Park Plaza - 30th floor
New York NY 10004-1437

Joseph Katz Esq
NYS Attorney Registration Number 1836873
Law Secretary to
The Honorable Carol E Huff JSC
NYS Supreme Court - Civil Branch
60 Centre Street - Courtroom 624
New York NY 10007-1402

Joseph Isaac Rosenzweig Esq
NYS Registration Number 1878578225 Broadway Room 3604
New York NY 10007

The Honorable Kathryn A Oberly
2700 Calvert St NW # 615    
Washington DC  20008

Kenneth W Smith Esq
Senior Vice President
Corporate Finance and Governance Counsel
United Services Automobile Association
9800 Fredericksburg Road
San Antonio TX 78288 

Kirt S O'Neil Esq
Aikin Gump
300 Convent Street
Suite 1600
San Antonio TX 78205-3732
+1 210.281.7106
fax:  +1 210.224.2035 

Kristine M Thomas Esq
Central States Health & Life Co. of Omaha
1212 N 96th Street
Omaha NE 68114
fax: +1.888.748.3033

Linda G King Esq
Trademark Attorney and Inventor
United Services Automobile Association
9800 Fredericksburg Rd F-3-E
San Antonio TX 78288

Lynette Parker Esq
Head of Litigation
100 Gold Street - 6th floor
New York NY 10038

Melissa Hamilton Esq
Director of Government Relations at
The Texas Department of Insurance
333 Guadalupe 78701
POB 149104
Austin TX 78714-9104
+1.512 676.6602 

Michael W O'Donnell
Partner in Charge
Norton Rose Fulbright
300 Convent Street  Suite 2100
San Antonio TX 78205-3792
+ (o-direct)
fax: + 

Michael Seth Feuer Esq
50 Broadway Ste 806
New York NY 10004

Michael Seth Feuer
27 Cambridge Drive
Jackson NJ 08527-2608
+1.908.755.4344 (VOIP)
+1.732.656.7797 (landline)

Michael Seth Feuer
11 Old Church Road
Warren NJ 07059-5808

Jerald Rosenbloom Esq
Rosenbloom & Hofflich
15 Maiden Lane Suite 600
New York NY 10038

Neil L Kanzer Esq
75 Franklin Street  
Amityville NY 11701

Patrick Wageman Esq
Tax Counsel
9800 Fredericksburg Road
San Antonio TX
+1.210.531.8722 (main #)
+1.212.498.0702 (office direct

Paula Schwartz Frome Esq
Kase & Druker
1325 Franklin Avenue, Suite 225
Garden City NY 11530
fax: +1.516.742.9415

The Honorable Peter B Skelos
Associate Justice
Appellate Division, Supreme Court 2nd
Judicial Department
100 Supreme Court Drive
Mineola, New York 11501
+1.516.403.2476 (o-direct)
fax: +

R Paul Yetter Esq
Yetter & Coleman LLP
909 Fannin, Suite 3600
Houston TX 77002
fax:  +1.713.632.8002 

Phyllis H Weisberg Esq
Montgomery McCracken Walker & Rhoads LLP
(formerly Kurzman Karelsen & Frank)
437 Madison Avenue, 29th Floor
New York NY 10022
fax:  + 

Randall L Kallinen Esq
Randall L Kallinen PLLC
511 Broadway St
Houston TX 77012

Reginald E McKamie Sr Esq
1210 Antoine Drive Suite 100
Houston TX 77055
fax:  +1.713.465.2894 

Reid E Meyers Esq
11118 Wurzbach Road
San Antonio TX 78230-2595
+1.210.877.2233 (office)
+1.210.493.7722 (home)
+1.210.415.1070 (cell) 

Robert Jerome Apfel Esq
Brown Harris Stevens Residential Management LLC
770 Lexington Ave
New York, NY 10065

Hon Paul "Andy" Mireles, Estate of
Bexar County District Court
329 Mary Louise
San Antonio TX 78201

℅ Next Friend
The Honorable Phillip Duane Hardberger
Cox Smith
112 E. Pecan Street Suite 1800
San Antonio TX 78205
fax:  +

Hon Diane A Lebedeff
2623 Seville Boulevard # 201
Clearwater FL 33764

This is the judge who tried Koenig v USAA and was then thrown off of the NY Supreme Court for corruption.

The Honorable  Dorothy T Eisenberg
United States Bankruptcy Court
Eastern District of New York
Alfonse M D'Amato Federal Courthouse
290 Federal Plaza
Central Islip NY 11722

The Honorable Fern Fisher
New York State Unified Court System
Office of Court Administration Room 852
25 Beaver Street
New York NY 10004

The Honorable Fortunato Pedro Benavides
US Appellate Judge
US Court of Appeals for the 5th Circuit
903 San Jacinto Blvd Room 450
Austin TX 78701-2450

The Honorable Jerald R Klein, Estate of] (deceased)
Housing Court
111 Centre Street
New York NY 10013

Hon John J Specia
7414 Seidel Road
San Antonio TX 78209

The Honorable Lucy A Billings
Civil Court in the City of New York
71 Thomas Street Room 203
New York NY 10013

The Honorable Marcy S Friedman
Supreme Court Justice
Commercial Division Supreme Court
60 Centre Street Room 663
New York NY 10007

The Honorable Milton Mollen
Herrick, Feinstein LLP.
2 Park Avenue
New York NY 10016
fax:  +1.212.592.1500

The Honorable Julius Birnbaum
Special Referee
NYS Supreme Court - Civil Branch
60 Centre Street  (c/o Room 311)
New York NY 10007-1402

Hon Michael P Peden
[Former Justice - TX Bexar County District Court]
Ford Murray, PLLC
Union Square II
10001 Reunion Place Suite 640
San Antonio TX 78216
fax: +1.210.731.6401

The Honorable Orlando Luis Garcia
US District Judge
US District Court
Western District of Texas
655 E Cesar E Chavez Blvd
San Antonio TX 78206
fax:: +1.210.472.6568

The Honorable Phillip Duane Hardberger
Cox Smith
112 E Pecan Street Suite 1800
San Antonio TX 78205
fax:  +

Hon Lorri Massey Brissette
AVP Life Co Transformation
USAA Life Insurance Company
United Services Automobile Association
9800 Fredericksburg Road
San Antonio TX 78288

(A veritable chimera as she has acted as State District Judge, an attorney for USAA, and now as an employee of USAA.  A hat trick)

The Honorable Joanna M Seybert
District Judge
US District Court
Eastern District of New York
100 Federal Plaza
Central Islip NY 11722

The Honorable Carol E Huff JSC
NYS Supreme Court - Civil Branch
60 Centre Street - Courtroom 624
New York NY 10007-1402

The Honorable Carol Bagley Amon
Chief US District Judge
US District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn NY 11201



Hon Alfred Toker
IAS 40
71 Thomas Street – Room 204
New York NY [         ]

Sherry Klein Heitler
Chief of Policy and Planning
Supreme Court, New York County
60 Centre Street
New York NY 10007


Hon Fern Fischer’s Husband in Nassau County


The Honorable Michael Kupersmith
Vermont Superior Court
Chittenden County
Burlington VT

The Honorable Michael Kupersmith
Vermont Superior Court - Chittenden County
175 Main Street
Burlington VT 05401

Other parties and sources:

Donald E Wilson
Blue Woods Management Group Inc
307 Seventh Avenue  Suite 604
New York NY 10471
fax:  +1.212.366.4126

Joseph Cusenza
J C  Klein Inc
3 Hanover Square
New York NY 10004

Exhibit “B”:  Sample combined caption page

Exhibit “C”: New York County Clerk Minutes for # 2371 1991

Exhibit “D”: New York County Clerk Minutes for # 103754 1995

Exhibit “E”:  Chart of significant court hearings

November 6 2000

Judge Lebedeff’s unannounced absence to see Yankee Parade


Last hearing

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[1] 2014 NY Slip Op 03426 [23 NY3d 455]