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Koenig to Gottsegen
February 20 2018 0056 GMT


Paul Gottsegen
Time Equities
55 Fifth Avenue 15th Floor
New York NY 10003-4398
fax: +1.212.727.0563

Dear Mr Gottsegen:

I am not a lawyer, and I don’t want to “practice law” with you.  But here’s what’s happening.   I am trying to resuscitate an action in NYS Supreme Court for New York County on the basis of fraud upon the court.  My proof is that the court was so tainted by the conduct of the lawyers that the matter should be reopened.  It is not necessary that I prove “fraud” in the conventional sense:  I need prove only that the court was tainted.

A curiosity of the case is that the county clerk’s files on the case have been stolen:  I have copies of everything and am filing a motion to compel the parties to cooperate in recreating the court’s file set.

Now - how does this involve you?

Here’s the problem as it affects you - in a nutshell.

In May 1989 you were the Douglas Elliman management executive in charge of the contract to manage 55 Liberty Owners Corp property.

Here is how Douglas Elliman presented at the time:

Paul Gottsegen
Douglas Elliman - Gibbons & Ives
575 Madison Avenue (@ 57th)
New York, N.Y. 10022

Jack Oelberger  [1] [2]
Douglas Elliman - Gibbons & Ives
575 Madison Avenue (@ 57th)
New York, N.Y. 10022

Criminal Kessler, as you know, is dead.

This is my insurance company’s June 23 1989 photograph of the damaged floor in 55 Liberty Street # 17C.

As noted on June 23 1989 by my insurance syndicate’s adjuster, the floor had been destroyed by repeated explosions of a coop corporation steam pipe located behind the walls.

The blue arrow is mine.

The blue arrow points to an undistinguished section of floor which involves you.

In June 1989, you (personally) arranged for the Douglas Elliman contract carpenter who worked at 55 Liberty to cut a hole in the floor to determine if there was water beneath the finished floor or on the concrete slab beneath the subfloor.

During May and June 1989, you and I had exchanged phone calls on the matter - and you were very cooperative.

My insurance syndicate adjuster and 55 Liberty employee and building superintendent Robert J Phillips (RIP) were supposed to be there on July 28 1989 when Douglas Elliman carpenter Mark Brannon arrived.

I had written my insurer on July 27th, the day before,  as follows:

Here is the proof of fax for that letter:

As it turned out, Mr Phillips had earlier been taken to the hospital in extremis and unable to be there:  so his # 2, 55 Liberty employee Joseph Pelican was in attendance.  I did not know that Mr Phillips was ill:  and I’d not be the least bit surprised if Mr Phillips illness was connected to the Manhattan DA’s unfolding discovery of his fraud.

Douglas Elliman contract carpenter Brannon arrived on July 28th with 3 men and a 10” circular saw and made a first finished-floor cut - about 36” square.

And then Douglas Elliman contract carpenter Brannon made a second cut into the subfloor: about 24” x 12”.

As the subfloor was pulled up from the concrete slab, it was easy to see that water had ponded under the floor about ¼” deep.

Here (below) is the August 3 1989 photograph of the cut in the floor and the black plastic bag which contained the finished floor and the subfloor which had been removed.

USAA Adjuster Photo August 3 1989

USAA insurance syndicate adjuster Mr Froese took the black bag and the the damp wood with him for forensic analysis.

As you and I had agreed over the phone - if water was discovered - the floor removal would stop until all parties had had the chance to assess the situation.

Water was indeed discovered:  and the work stopped.

The next day I faxed my insurance syndicate’s adjuster - at exactly 10:03 AM EDT.

Here is the proof of fax:

I also wrote you:

You never responded.

Richard J Froese, my insurance syndicate’s adjuster, did respond:

Mr Froese came on August 3.

I wrote you after Mr Froese’s visit:

And you never responded.

Of course now we now know why you didn’t respond - you had been swept up in a huge criminal conspiracy - for which 55 Liberty Street superintendent Robert J Phillips was the doorkeeper.

And I’d like to know, please, exactly when you left Douglas Elliman

Now we get to the harder and less pleasant part of this letter:

Paul:  you have forgotten more than I will ever know about parsing out the duties to repair in a coop.

But in May - August 1989:  here is what you did know.  And I am going to hang this around your neck unless you help me now.

Paul:  you knew that the 1 ½” steam ppe run-outs that were attached to nipples that were screwed into weldments on the 6” steam riser were cracking and exploding.

Paul - you knew with absolute certainty that my family had the absolute undiluted duty to restore our apartment to its ur-condition after any sort of damage.  There was no option - as in the case of a freehold in an unincorporated area - to simply live with the damaged property.

Paul - you also knew that my family was 100% and inescapably responsible for all the expenses of such a restoration.

Paul - you knew (because I told you) that my family was 100% indemnified for all the costs of restoring unit 1# 17C at 55 Liberty Street.

Paul - you also knew that 55 Liberty Street had run through the policy limits on its Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S.

Paul - you knew that a claim paid by insurance syndicate USAA was virtually certain to be subrogated to 55 Liberty Owners Corp.

Paul - you never told me, as you were duty bound to do, that my required performance ran with the duty to restore and was determined neither by:

Our duty to repair was entirely independent of damage or cause.

And we were responsible for all the costs - except of course that there was full recourse to other responsible parties once the damage had been fully ascertained and the restoration completed.

But and my family were subrogors of the power(s) to pursue 55 Liberty Street Owners Corp:  and my insurance syndicate USAA was the subrogee of those powers.

We were prohibited from making a claim.

The best analogy is a leased auto vs an owned auto.

If your leased auto is hit from behind by a drunken non-licensed CEO of a large corporation:  it is still your job to restore the automobile.

It matters not one hoot who’s responsible.

And the vehicle owner’s subrogee, his insurer,  pursues the responsible parties.

In your and my May-July 1989 telephone conversations, you deceived me.  And you let me and my family down.

Had you simply explained the drill back in 1989 - we’d not be in touch to today.

But you got out of Dodge to save your fucking ass from the unfolding fraud and deserted us - leaving my family high and dry.

And we got fucked - big time.

May we please return to the Douglas Elliman carpenter, Mark Brannon, and the hole in  the floor.

Here ls what happened with that.

After 10 years of pre-trial absurdities, I obtained a trial on the facts before corrupt NYS Supreme Court Judge Diane Lebedeff.  What a cunt.

At the last minute, and without the opportunity to depose him (except with further delay in scheduling the trial) - USAA’s corrupt lawyer Robert J Spadaro produced as a last minute witness - guess who?

55 Liberty Superintendent Robert J Phillips [RIP].

And with USAA lawyer Robert J Spadaro’s encouragement, 55 Liberty Street Superintendent Robert J Phillips testified as follows:

That at the location of the blue arrow in the June 23rd 1989 photo I had intentionally spilt water .

And that this spilt water, which was spilled after USAA adjuster Froese’s June 23 1989 visit, had percolated through the floor leaving a damaged area 36” x 36”.

And that some time before Froese’s visit on August 3rd 1989,I had cut the damaged floor out so as to conceal my responsibility.

USAA adjuster Grace Ward confirmed the story adding that I had been systematically uncooperative throughout the 6 years 1989 - 1995) that USAA spent adjusting the 4 separate steam pipe explosions behind the walls of #17C.

Corrupt Judge Lebedeff lapped it up, likely collected a big bribe, and was thrown off the Supreme Court for corruption.

Now - I believe that after Douglas Elliman was fired for fraud:

USAA and 55 Liberty Owners Corp. conspired to fuck my family.

But I say this to you:  if you had explained to me in any one of our numerous calls what the drill really was:  none of this would have ever happened.

And even better - if Douglas Elliman had given me a simple demand that we restore # 17C:  I am certain that everything would have gone smoothly.

[more to come]

Very truly yours,

Robert J Koenig
+ (cell, sms and mms)

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Published at:      


Paul Gottsegen
Halstead Management Company
770 Lexington Avenue
New York NY 10021

Denise Budzick

[1] This is of course Jack Oelberger, your direct underling, who was jailed for criminal fraud for soliciting and collecting bribes to admit contractors to 55 Liberty Street.

[2] Richard "Jack" A Oelberger
Irene Oelberger
Courtney Oelberger
5845 Doverwood Dr Unit 101
Culver City CA 90230