Robert J Koenig report as to Robert J Phillips and collaboration
with USAA lawyer Robert J Spadaro
May 25 2018 1252 GMT
nb: Before the internet and before jpg and pdf files, could Robert M Spadaro have ever imagined that a document so conclusively indiciting could have ever been prepared. Here’s the question: would Robert M Spadaro have altered his behaviour if he’d known it’d all drift back to him? I think so. I don’t believe he’d have done it. Spadaro’s job was to argue the facts; Spadaro’s job was to argue the law. There being no facts and there being no law to support him; Spadaro did neither. Spadaro simply decided to take a criminal shortcut and to cheat. That makes Spadaro a scumbag cheat because he defrauded his own court: the entire institution of the court, as a body, was defrauded.
It should also be noted that the three running feet of case files have been stolen from the New York County Clerk: and have complete copies (I hope) and will share them freely.
If there is any material or substantial error of fact or conclusion in this report, please phone me or text me right away: +188.8.131.5212 (cell, sms, mms + FaceTime)
Started January 21 2018
Preamble: This report lays out the motivation, the means, and the mechanism of a criminal fraud and a canonical fraud upon the court perpetrated by USAA lawyer Robert M Spadaro with the direct assistance of USAA Large Claim Examiner Leonard Dale Stewart:
Robert M Spadaro Esq
80 Grymes Hill Road
Staten Island NY 10301-3821
Leonard Dale Stewart
417 Scarlet Sage Drive
League City TX 77573
USAA lawyer Spadaro’s fraud fatally tainted the court: thus the pertinent actions and orders are nullities. And in any case, the files have all been stolen from the county clerk’s office: and there is an investigation in process.
Spadaro’s fraud was carried out with the full scienter and tacit approval of another officer of the court who worked in the Spadaro law offices where the crime was planned and prepared:
Joseph B Kuroly Esq
In-house counsel for Liberty Mutual Insurance Company
Harris King & Fodera
1 Battery Park Plaza - 30th floor
New York NY 10004-1437
Also, this fraud was executed with the acquiescence and active support of USAA’s NYS-licensed adjuster Grace Ward:
Grace L Ward
Excel Claims Service, Inc.
103 Fort Salonga Road - Suite 8
Northport NY 11768
fax: +1.631.261.2676 (good 05 oct 13) (good 28 nov 17)
Excel Claims Service Inc
63 Berg Avenue
Kings Park NY 11754
Grace L Ward
324 Meadow Road
Kings Park NY 11754
Graced Ward, though not an officer of the court. had a statutory duty to be wholly and completely truthful.
Finally, this criminal fraud upon the court was carried out with the active encouragement of disgraced, impeached, humiliated and then fired NYS Supreme Court Justice Diane Lebedeff and her lesbian law clerk Faith E O'Neal - who then committed suicide.
Through gross negligence and oversight, a cooperative apartment corporation steampipe steam pipe behind the Southwest corner wall of 55 Liberty Street # 17C exploded.
The explosion flowed from gross negligence and a criminal failure to attend to a serious engineering problem reported in 1988, well in advance, by professional engineer Joselow [Exhibit “_”]:
The steampipe exploded because landlord 55 Liberty Owners Corp building superintendent Robert J Phillips had criminally evaded his absolute duty to remove this actual steam riser branch run-out from 55 Liberty Street # 17C:
Exploded steampipe along with rusted flooring nails and Hilti subfloor powernails:
with corrupt, impeached, and then fucking good and God-damned fired Judge Diane Lebedeff’s evidence labels affixed.
and to replace the improperly engineered steam-riser run-out with this flexible fitting:
The Flexonics 100 Stainless Steel fitting that Robert J Phillips had been directed to install in # 17 C prior to the steam pipe explosion.
Joselow’s letter with discovery sticker as to when the letter was formally supplied to Robert J Spadaro in a 1996 discovery response.
See Exhibit “_” for complete letter.
Understanding that Robert F McDermott, attorney-in-fact [AIF] for the syndicate names at the unincorporated insurance syndicate United Services Automobile Association, would in due course as the Koenig family subrogee file a subrogated claim with the cooperative corporation’s Multi-Peril carrier Greater New York Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S:
and understanding that the limits of liability for water and steam damage in Greater New York Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S had been exceeded;
and understanding that Greater New York Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S would decline to process and pay AIF Robert F McDermott’s canonical subrogated claim:
and understanding that USAA AIF Robert F McDermott as subrogee would then, in due course, file a subrogated claim directly to the cooperative corporation 55 Liberty Owners Corporation:
the real parties in interest and their lawyers commenced an organized criminal RICO action to mislead my family [Robert J Koenig family] as to the proper procedure to perfect a claim for extensive exploded steampipe damage in a standard cookie-cutter NYC cooperative apartment.
So that we are clear: had, at any point, 55 Liberty Owners Corp written one letter that contained these simple paragraphs:
November 28 1989
Dear Koenig family:
We are sorry that the steampipe behind your SouthWest wall exploded yesterday.
We note with interest that the plumber, upon taking account of the location and damage, told you that the same steampipe run-out had exploded in December 1986. Yes - the same steampipe did exploded in December 1986 and it will explode again (right on schedule) in 1994.
We have spoken harshly with the dubiously competent alcoholic liver-diseased building superintendent Robert J Phillips about his contumacious and negligent failure to remove all asbestos from the affected area, to then replace the rigid steam riser run-out with the requisite flexible fitting, and finally to re-insulate the Southwest corner of your living room with the correct non-asbestos materials.
We agree that the danger from friable asbestos is when it is disturbed and floats through the air into your children’s lungs and not afterwards when it has descended to the floor. We appreciate that repairing these steam pipe explosions in a definitive and permanent manner, following the advice of our profesional retained consultant, is core to the health of your young children. It is clear that fuckface masturbating Robert J Phillips can not be coming into your home willy-nilly and ripping out out walls and spreading asbestos to fly around just because he is too fucking lazy to put on the right flexible stainless steel fixture.
However, as is standard to all NYC cooperative apartments, the Koenig family has the unilateral duty to repair all damage - regardless of cause or responsible party.
The cooperative corporation’s proprietary building records (which you don’t have, but which you may and your insurer may inspect at any time) show that buildout and fixtures in 55 Liberty Street # 17C were installed by tenant Burt Sanoff, you predecessor in interest. When Mr Sanoff performed a gut-rehab of # 17C - from the studs in: ownership of the improvements and fixtures became vested in Mr Sanoff.
Fixtures that were present and included in the first sale of # 17C to the first tenant might be construed as corporation property: but that is not the case here.
Any investigation or debate as to the allocation of costs for the restoration of your home after the negligent explosion of corporation steam pipes will and must be carried out by the most appropriate persons - who are the NYS licensed adjusters for your insurer and ours.
Your insurer, USAA, is famous for its understanding of cost-shifting: and once they have reimbursed you, Robert F McDermott will almost certainly subrogate your claim(s) against your cooperative apartment corporation in the industry standard manner.
Very truly yours,
this entire incident would have played out completely differently.
Had Gottsegen written the above letter - the matter would have stopped there - on November 29 1989.
But as can plainly be seen, it was Robert J Phillips’ abject negligent failure to remediate the steam riser run-out connections which precipitated the steam pipe explosion that destroyed our home.
And Phillips became criminally obsessed with exculpating himself.
USAA lawyer Robert Spadaro knew all this: and Spadaro had actually visited the premises and had personal knowledge of the facts.
USAA lawyer Spadaro had in his physical possession a hard copy of consulting engineer Joselow’s letter [Exhibit “_”].
In the late stages of litigation, in desperation, criminal Robert M Spadaro produced a last minute witness: former 55 Liberty Street superintendent Robert J Phillips. That is why in the organization of my records and the character development for the Rock Opera (go ahead and laugh): I carry criminal corrupt Robert J Phillips in the USAA column and not in the 55 Liberty Owners column.
Robert J Phillips committed perjury and testified that I had over-watered a planter and stained a section of floor and had then cut out that section of finished flooring and subfloor so as to conceal the over-watering.
Robert J Phillips is dead [RIP] and thus will not be able to defend himself: so I will try to deal in facts.
The Criminal Fraud that Robert J Phillips
Brought into the Courtroom with him.
Robert J Phillips:
Robert J Phillips
wife: Alma L Phillips
115 Kinnebrook Park
[115 Kinnebrook Mobile Home Park]
Monticello NY 12701
was a drunken, addled, lazy, evasive, incompetent, but not entirely stupid superintendent who managed the physical plant at 55 Liberty Street. His son was a drug addict who lived (literally) in the streets beneath - right next to the building.
I came to know Phillips well as he had keys to our apartment and over the 1988-1989 winter he practically lived in 17C poking his two-pronged moisture meter in the walls all over: and ripping out (without advance notice to me - which is fine) a 3’ x 6’ section of living room wall beneath the kitchen passthrough. I always found it curious that Phillips was very anxious to find a leak internal to # 17C: and he never stuck the moisture meter in the Southwest corner wall. This guy was a polished fraudster.
Robert J Phillips was also the gatekeeper at 55 Liberty Street for the largest coop fraud in NYC history - which was a pay-to-play scheme for contractors who wished to work at 55 Liberty and other coops around NYC. His two immediate bosses, Kessler and Oelberger, confessed and were jailed. Robert J Phillips likely became a state witness for the prosecution of his own bosses.
Spadaro knew all that: fine.
The steam pipes exploded in November 1989.
In 1992, after Douglas Elliman had been fired, and after a management interregnum by this fellow:
Stephen A Rossi
99 Battery Pl Apt 4M
New York NY 10280
+1.212.898.4848 (rings out)(RCN Telecom Services)
c/o firstname.lastname@example.org \
Stephen A Rossi
45 Wall St Apt 1012
New York NY 10005
+1.917.965.2155 (Time Warner) (rings out, and then there's a fax on this number)
Robert J Phillips was reported by:
to have stated a belief that it was my over-watering a planter that had caused the entire floor system in the 20’ x 15’ living room to heave up.
We need to repeat this.
Criminal building superintendent Robert J Phillips, in a sword affidavit, hewed to a position that I had destroyed a room’s entire intricate inlaid floor by over-watering a non-existent planter.
These views were reported to me in this criminally evasive letter from Cusenza:
I immediately reported Cusenza’s October 14 1991 letter (pro 55 Liberty Owners Corporation) as it triggered my family’s $1,000,000 USAA umbrella policy:
here is my October 21 1991 letter to Robert F McDermott’s Large Claim Examiner Leonard Dale Stewart.
USAA Large Claim Examiner Leonard Dale Stewart never responded to my letter.
But criminal USAA Large Claim Examiner Leonard Dale Stewart did send a letter:
with these color photographs:
to Mrs Moorehead Kennedy admitting USAA’s absolute understanding that there was:
USAA Large Claim Examiner Leonard Dale Stewart never sent me a copy of his November 21 1991 letter. Mr Stewart is currently [in 2018] refusing to tell me why he never supplied me with a copy of his November 211991 letter.
If USAA Large Claim Examiner Leonard Dale Stewart did not send me a copy of his letter: then that was a criminal evasion.
Additionally, I wonder if Mrs Morehead Kennedy, a USAA member herself, ever received USAA Large Claim Examiner Leonard Dale Stewart’s November 21 1991 letter?
Now - please note these facts and documents carefully.
This is Robert J Phillips ultimate diagram of the location of the overwatered planter:
This is USAA adjuster Richard J Froese’s photograph of the exact same location, taken on June 23rd 1989.
In his annotations to his photographs, USAA adjuster Richard J Froese made no mention of stains from an overwatered planter.
This is USAA adjuster Richard J Froese’s photograph of the exact same location, taken on August 3 1989.
There are no stains on the floor.
The pieces of flooring that were cut out by building carpenter mark Brannon to search for water were in the black plastic bag - still wet. And both Froese and ultimately Robert J Phillips each took a sample of the ConEd condensate soaked wood with them. I still have a sample.
It is noteworthy that USAA adjuster bitch/cunr Grace Ward had complete unfettered access to the floor after it was removed and took wood samples at that time. [Exhibit “_”]
I had written both USAA adjuster Richard J Froese:
and Paul Gottsegen:
as to the results of 55 Liberty Street carpenter Brannon’s cut.
And now only one final element of the mystery remains:
Where was Robert J Phillips on July 28 1989 - the day that 55 Liberty Street carpenter Mark Brannon cut the exploratory hole?
Cocksucker lying perjuring Robert J Phillips was on an extended stay at an upstate dry-out facility from his then most recent drunken Scotch-Irish hard-scrabble white-trash alcoholic relapse.
Now - cocksucker Robert J Spadaro may please himself by impugning a USAA member in open court - and he certain pleased the cunt/bitch Judge Diane Lebedeff. But he didn’t please me.
And he committed the most serious error a lawyer can rise to: which is that he failed to close the matter according to the facts and according to the law.
When 55 Liberty Street Owners Corp escaped the action, USAA should have rejoined 55 Liberty Street Owners Corp to the action.
The action was a request to the court to order an allocation of 100% of the damages from the exploded steampipe; either to the tenant or to the landlord.
Judge Klein had already ordered that I pay for the restoration of our property.
DSp what as Spadarodoing evading Robert F McDermott’s duty to subrogate the costs back to 55 Liberty Street Owners Corp.
That maneuver was criminally motivated. And Spadaro should go to jail.
Cocksucker Spadaro’s subornation of perjury on a set of facts that he knew to be untrue was amazing not because this little dago cocksucker from Staten Island was a liar - that was a foregone conclusion.
It is amazing because Spadaro introduced and admitted another basis for USAA’s having to pay the claim.
Had I overwatered the planter - the liability from that act would have been covered by my umbrella policy.
And Spadaro’s crime of suborning perjury in an open session of New York State Supreme Court before a judge he had clearly bribed causes us to revisit the very first two sentences that came out of cocksucker USAA adjuster Richard J Froese’s mouth when he arrived from the first time on June 23 1989.
This is what Froese said:
[get this because it is fucking unbelievable]
All of this was reported, writ large, to the New York State Insurance Superintendent:
Insert this cocksuckers name and photo
I received no response.
But NYS Insurance Department Winnie [ ] giggled and laughed in my face over the phone. She thought it was really really funny.
Why would the little bitch Winnie find it funny?
Because when we see member of the Scientology Church or Mormon faith abused by his own kind - we really do wonder what was to be expected.
Guilty as charged!
As do all USAA members who have never filed a claim - I genuinely believed that Robert F McDermott was honest.
I was very very wrong.
Key actors at 55 Liberty Street
Jailed for fraud
Jailed for fraud
Key actors at USAA
Leonard Dale Stewart
He knew in 1992 about Robert J Phillips assertions.
Exhibit “_”: Joselow’s engineering report
Exhibit “_”: Robert J Phillip’s later affidavit in the matter
Exhibit :_”: Ward’s photographs of the floor removed to Oyster Bay
Upon information and belief: Spadaro may have been assisted by these 55 Liberty Owners Corporation lawyers
Phyllis H Weisberg Esq
Montgomery McCracken Walker & Rhoads LLP
(formerly Kurzman Karelsen & Frank)
437 Madison Avenue, 29th Floor
New York NY 10022
Henry L Saurborn Jr Esq
Kaiser Saurborn & Mair PC
111 Broadway 18th Floor
New York NY 10006
Because the gravamen of the case so simple, it is of great concern to me why these other lawyers may have stood by (and lied themselves) while the fucking was going on.
Exhibit “_”: Schedule of USAA adjuster visits
Froese # 1
Jun 23 1989
Froese # 2
Aug 1 1989
Froese # 3
Nov 29 1989
Ward # 1
Jan 18 1995
Koenig/Rusell # 1
Ward # 2
Jan 30 1995
Koenig/Russel # 2
Jan 31 1995
Ward # 3
Feb 1 1995
May 12 1995
Very confused situation as to photos from thsi visit
Exhibit “_”: Photos from Grace Ward’s visit on January 18 1995
Exhibit “_”: Photos from Grace Ward’s visit on January 30 1995