Koenig to NYS Supreme Court for New York County
February  22 2018 0312 GMT [DRAFT WIP]






INDEX # 2371/91

        Petitioner - Landlord


and “JOHN DOE” and “JANE DOE”,


INDEX # 404960/96





INDEX #  103754/95

I make no central allegation as to either extrinsic or intrinsic fraud qua male fide.; as proof of same is not a requirement.  That doesn’t stop this court from a finding of extrinsic or intrinsic fraud.

Extrinsic fraud would be more likely:  but the core to my argument and logic is that it was the court as a body that was defrauded.  Not me.



This alleges a coordinated fraud by the court officers upon the court as a body.  [Bulloch v United States 763 F.2d 1115 (1985)]

I allege:  lawyers for the unincorporated severalty and insurance syndicate United Services Automobile Association and lawyers for the incorporated cooperative housing corporation 55 Liberty Owners Corp conspired to tortiously interfere with an ordinary 2nd/3rd Party parsing of financial responsibility for restoring tenant fixtures in an ordinary NYC Cooperative Apartment steam pipe explosion.

Every judge (about 20), every lawyer (about 50), and every regulator (hard to count how many) has had complete scienter of the gravamen of the dispute:  which was in essence a motion for a declaratory judgment as to how these five columns would/should/shall be inked in:


Greater NY Mutual

55 Liberty Street


Professional Architect and Engineer

Restore 55 Liberty Street #17C





Subrogation # 1



Subrogation # 2








The purpose of the $200,000+ of 10 years of pre-trial calendar work that USAA and 55 Liberty Street invested was to obtain this other outcome:


Greater NY Mutual

55 Liberty Street


Professional Architect and Engineer

Restore 55 Liberty Street #17C





Subrogation # 1



Subrogation # 2








The natural person operators of the unincorporated insurance syndicate at 9800 Fredericksburg Road in San Antonio TX have come over the last 17 years to acquire a violent distaste for me and my family.

The USAA mantra that guides the natural person operators of the unincorporated insurance syndicate is Service, Loyalty, Honor and Integrity.

The natural person operators of the unincorporated insurance syndicate USAA also believe that syndicate names should be prepared to be randomly and inexplicably denied coverage - ex post facto.

And such members who are randomly denied coverage after catastrophes are supposed to suck it in and roll over and die.

In 2002, the natural person operators of the unincorporated insurance syndicate USAA began to understand that I was making an extensive inquiry into the syndicate manager’s business practices.

In response, the lead natural person syndicate manager and his electors (aka Board of Directors) hijacked the unincorporated insurance  syndicates’s not-incorporated reciprocal interinsurance exchange and submitted a swath of perjured affidavits that I was a resident of Texas.

Bribing a Bexar County District Judge Andy Mireles [RIP], the the natural person operators of the unincorporated insurance syndicate USAA acquired that Texas court’s jurisdiction over me not in the name the real parties in interest but in the name of the 2.5 million syndicate names.

Such a jurisdiction is a nullity for many many reasons:   but the most important is that an insurance syndicate has no legal personality.

Had these natural person operators of the unincorporated insurance syndicate USAA admitted that they were the parties in real interest to my activities - and had they moved in the court of competent jurisdiction:  the case would already be before the NYS Supreme Court for New York County.

As it was, the Bexar County District Court was very more than a jirga, a sharia court if you will:   and Bexar County District Court and mos of its judges seem content to be a private court where USAA can take disobedient members to be disciplined.

This action resolves that problem.

This action asks that the New York State Supreme Court for New York County sweep every feature of this matter and all the derivative NY, TX and VT lawyers and judges under NYS and NY County jurisdiction.

Obtaining jurisdiction by noticing the Texas parties may be easier than it seems.

There is a Texas lawyer, paid from funds which are the property of the syndicate names at insurance syndicate USAA, who claims to represent everybody.  I ask this court for leave to serve an omnibus notice on the offices of this TX lawyer.

Theodore C Schultz Esq

Lindow Stephens Treat LLP

The Vogue Building

600 Navarro Street 6th Floor

San Antonio TX 78205

+ ext 206

fax:  +


Adding spice to the sauce is news that all the 30 running inches of case files for the three actions have been stolen from New York County Clerk.  I believe that I possess a complete file set and I am asking this court, concurrently, for an order compelling the pertinent parties to cooperate in supplying their files and rebuilding the case files.

The bedrock of my conviction that there was a Bulloch fraud upon the court as a body is this:

I leave it to Mr Spadaro for my insurance syndicate USAA and Mr White for 55 Liberty Street to explain the tainter’s brush was so broad.

Before the NYS Supreme Court for New York County was and still is an extremely (beseechingly) simple case of parsing financial responsibility for repairs for non-complex but very expensive damage to a NYC cooperative apartment.

I say very expensive damage.  I am inclined to agree with commentators who have questioned whether a restoring wooden floor was truly a very expensive damage situation.

Well - it was so expensive that 2nd/3rd parties responsible for the costs spent hundreds of thousands of dollars to avoid paying.

I was the canonical subrogor in the action.  Unincorporated insurance syndicate USAA [1] was my canonical subrogee.

55 Liberty Owners Corp, the likely negligent party, was a subrogor in its own right:  with Greater New York Mutual Insurance Company NAIC 22187 under Policy # 1131M75921-S as its subrogee.

See Exhibit “_”:  subrogors and subrogees

All the parties that might have been responsible in any degree had been joined to the action:  with the possible exception of building architect Joseph Pell Lombardi’s E&O carrier.

The courts that supplied jurisdiction in the above matters were fatally tainted by fraud upon the court as a body.  And the statutes have not run.

A non-attorney, especially a pro se plaintiff not belonging to the club,  is in a peculiarly special position to perceive and point out fraud upon a court as a body.

I am sorry for the analogue:  but for me and my family, it is as disheartening for us to make this case as it is for a family who discovers that the local pastor has been getting into their children’s knickers.  In terms of the private Sharia court-like Texas judges who had USAA’s back and issued reams of ex parte foreign TX orders that were immediately exported and domesticated around the country:  what we will see here is combativeness by a highly Roman Catholic USAA which takes pages out of the playbooks of the Church of Scientology and sort of inquisition that Camillo Borghese prosecuted against Galileo.

A pro se non-attorney plaintiff need not prove canonical fraud.  This pro se plaintiff need only establish that the court, as a body, was tainted.

And the many many courts that looked a this matter all came to be tainted by deliberate misrepresentations by the officers of the court as to the nature of the action.

It will be seen that in sor of a naif and sometimes quite unintelligible way - I was the only party telling it like it was.

I was not and still am not saddled with the duty to decomplexify:  and this matter was never complex in the first place.

The multiple, palpable and manifold frauds were carried out by lawyers and judges in New York State, Texas, and Vermont.

And the language of this, my complaint, in the matter must be taken on its face.

Even though it is likely that an outcome of this proceeding may yield information that supports a conclusion that USAA lawyers Anthony D Perri and Robert J Spadaro suborned Supreme Court Judge Diane Lebedeff:  the criminal acts by the many of the lawyers and judges who participated in this matter is neither the ambit nor the gravamen of the case.

One final note on non-attorney pro se’s and fraud upon the court.  It is likely that extensive efforts will be made by the court officers that I tainted the court by my own bad lawyering.

Even if true - my purported bad lawyering is irrelevant and immaterial as I am not an attorney.  The lies shopped by the lawyers in this case and the mistruths that were hungrily adopted by the many judges here in NYS and in TX and in VT may be nullities.

I has never been my job to police the court:  I am only a consumer of justice.

All that matters is whether the courts were tainted.

nb:  It seems to me that one judge and one lawyer each for USAA, 55 Liberty Owners Corp, Greater NY Mutual Insurance Company, and building architect Joseph Pell Lombardi should have been  enough to parse the damages from the exploding steam pipe.

The sheer number of lawyers and judges who involved themselves is extraordinary.  The number who receive emoluments from USAA is equally disturbing.  There is a NY State Senator on the insurance committee who is on USAA’s payroll.  And we have in the case a US Federal District Judge who failed to even recuse herself while her husband was working as a staff attorney at USAA - actively involved the successful effort to jail me in order to get me to stop talking about USAA’s true legal personality which is not  a corporation.

The Honorable Joanna M Seybert

District Judge

US District Court

Eastern District of New York

100 Federal Plaza

Central Islip NY 11722

And her husband, a career USAA lawyer who was involved in jailing me.

John R Seybert

1325 Franklin Avenue Suite 320

Garden City NY 11530

USAA is a severalty:  unincorporated and not-incorporatable.  USAA is only an insurance syndicate which is capitalized with surplus which is injected [sic] daily by its 2.5 million syndicate names; this severally liable surplus in 2.5 million subscriber accounts being the only surplus at USAA and exclusive to all other possible sources of surplus.

There is no other party to anywhere in the universe that presents as having title to any of the surplus at USAA - other than the 2.5 million subscribing members.

Even LLoyd’s of London, which is organized identically at the insurance syndicate level, has a multi-billion Pound Sterling joint stock corporation which supplies a special sort of joint backup liability for the insurance syndicate’s severally liable debts.

There is no such higher God-like joint-stock entity at USAA.  In fact, the organizational chart for USAA is made up of an incestous bass-ackwards mechanism known only to the insurance industry as the downstream holding company.

It is best looked at as a Möbius band:  which defies topological laws by haig only one surface.

As is true of the Möbius band, USAA has only one boundary. And USAA shares with the Möbius strip the mathematical property of being unorientable.

So how would the SEC first brake and then break up USAA?  The court can answer that on its own by scotch taping together a Möbius band and then slicing it down the middle.  If you haven’t already done that as a child - you will be amazed at what happens,

This court may ask what USAA’s true capital structure has to do with my  allegation of fraud upon the court.

That answer begins with the mathematics of a severalty.

This guy was the natural person syndicate manager at the time the steam pipes exploded in the fall of 1989:

[insert McDermott]

If  USAA syndicate manager McDermott wanted to rip off a  USAA syndicate name:  the only persons who would benefit are the other 2.5 million syndicate names at USAA.

Arguendo:  Robert F McDermott was our attorney-in-fact and the insurance scheme’s trustee of the processum [sic] by which our $50,000 to restore the steampipe damage was swept out of the other 2.5 million subscriber accounts.

If McDermott, who it now appears may have been mentally imbalanced, genuinely felt that my family had committed some sort of fraud: he was obliged to report that to the NYS Insurance Department.  McDermott made no such report.

But no matter what wild fantasies had infected McDermott’s fevered brain and the purported brains of his subordinates who were administering the claims process:

[insert Cooney et al]

after syndicate manager and trustee McDermott succeeded in stealing the $50,000, which he did by having lawyer Robert J Spadaro bribe NYS Judge Diane Lebedeff: all that remained was to return the $50,000 to the syndicate names who had supplied the surplus which made up the reserve set aside for our claim.

How’s that?  Well, it’s the law of the land.

Penn Mutual Life Insurance Co. v. Lederer, 252 U.S. 523 (1920)

It is of the essence of mutual insurance that the excess in the premium over the actual cost as later ascertained shall be returned to the policy holder.

Mr Justice Louis Brandeis

In NYS, as is true throughout the country, the tenant of a cooperative apartment is the first payor of any costs to repair damage to her realty, fixtures, improvements and personalty.

This is especially so in a NYC Cooperative apartment.  Noteworthy is that 55 Liberty Street Owners Corporation never once expressed that view as a concrete actionable statement.  There is no record of any demand by 55 Liberty Street Owners Corporation to restore unit  17C at 55 Liberty Street.

Not one!

Why would a cooperative housing corporation not want to help a tenant process an insurance to restore a severely damaged unit?  Why would a cooperative housing corporation not send its own adjusted to parse the costs of restoration to the appropriate parties - especially when the cooperative housing corporation knew that it was all tenant-owned property, tenant-owned personalty, and tenant-installed fixtures had had been damaged?

In the case of a properly indemnified cooperative apartment owner,  the duty to pay the costs t restore the leasehold to its prior condition falls to the tenant’s insurer.  Noteworthy is that the cause/source/responsible party for the damage to a cooperative apartment is moot.   Not just a little moot - but so moot as to make any argument to assign responsibility a nullity.

Every officer of the court who touched this matter knew that who caused the damage was irrelevant.  It is noteworthy that it is agreed and understood by all parties that it was exploding steam pipes owned by the 55 Liberty Owners Corporation that caused the damage.  But even that is irrelevant to the proceedings as the duty to repair the damage from the exploding steam pipes lies (sp?) entirely with the tenant.  Every officer of the court who touched this matter knew that.

So what was this case all about?

This was a four party subrogation case.  The duty of tenant’s insurer (unincorporated insurance syndicate USAA in this case) was to settle the costs of repair within 30-days of the submission of a proof of loss. The proof of loss was duly submitted.

Once paid - it was the absolute unbridled right of the unincorporated insurance syndicate USAA which had indemnified the tenant to subrogate the costs to 55 Liberty Street Owners Corporation.  It is noteworthy that USAA’s adjuster was first on the scene but (but with criminal intent) never furnished the draft/template for the 2nd/3rd/4th party adjustment that was pending.

It is noteworthy that tenant was a syndicate name of the insurance syndicate and a shareholder of the cooperative corporation.  Every officer of the court who touched this matter knew that the tenant was fully indemnified to carry out his duty to repair all damages to the leasehold and to pay rent for alternative accommodations - no matter the cause. .  Every officer of the court who touched this matter knew exactly the process by which the costs of catastrophic damage are paid in a NYC coop.  To pretend otherwise is puerile.

The officers of the court that I accuse of participating and engendering fraud upon the court are (roughly in order of appearance):

Michael Seth Feuer Esq

Rosenbloom & Hofflich

15 Maiden Lane Suite 600

New York NY 10038


[2] [3]

The Honorable Fern Fisher

New York State Unified Court System

Office of Court Administration Room 852

25 Beaver Street

New York NY 10004

Don Lebowitz Esq

280 Riverside Dr Apt 9A

New York NY 10025


Henry L Saurborn Jr

Kaiser Saurborn & Mair PC

111 Broadway 18th Floor

New York NY 10006


fax:  +1.212.338.9088


Barry J Yellen Esq

Vernon & Ginsberg LLP

261 Madison Ave # 26

New York NY 10016

+1.212.972.0902 ext. 217


fax:  +1.212.697.4432


Bradford Rich

William A Simon Esq

McGarry & Simon

330 Madison Avenue

New York NY 10017-5096


fax:  +1.212.867.3243

Anthony D Perri Esq

46 Bayville Park Boulevard

Bayville NY 11709


Deborah Ann Pochtar Esq

Imperial House

150 E 69th Street Apt 17C

New York NY 10021



Robert Apfel Esq
General Counsel
Douglas Elliman
575 Madison Avenue
New York, NY 10022

07 dec 15:

Robert Jerome Apfel Esq

Brown Harris Stevens Residential Management Llc

770 Lexington Ave

New York, NY 10065



Ben Kirschenbaum Esq
General Counsel
Douglas Elliman - Gibbons & Ives
Division of Insignia
909 Third Avenue - 10
th floor
New York, NY 10022

Phyllis Weisberg Esq


Montgomery McCracken Walker & Rhoads LLP

(formerly Kurzman Karelsen & Frank)

437 Madison Avenue, 29th Floor

New York NY 10022


fax:  +


The Honorable Milton Mollen


Herrick, Feinstein LLP

2 Park Avenue

New York NY 10016


fax:  +1.212.592.1500

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

Daniel Ward White Esq
NYS Registration Number: 1972736
Of Counsel
Chiesa Shahinian & Giantomasi PC
11 Times Square 31st Floor
New York NY 10036-6600
fax: +1.973.530.2295

Carol A Pisano Esq


McElroy, Deutsch, Mulvaney & Carpenter, LLP

88 Pine Street, 24th Floor

New York NY  10005


fax:  +1.212.483.9129


The Honorable Carol E Huff JSC

NYS Supreme Court - Civil Branch

60 Centre Street - Courtroom 624

New York NY

Robert M. Spadaro, Esq.
Spadaro and Petrocelli
217 Broadway
New York NY  10007-2900

Joseph Katz Esq

Law Secretary

The Honorable Carol E Huff JSC

NYS Supreme Court - Civil Branch

60 Centre Street - Court Room 624

New York NY 10007-1402

Fred L Seeman Esq

32 Broadway - Suite 1214

New York NY 10004


fax:    +1.212.385.8161

Joseph I. Rosenzweig, Esq.
225 Broadway - 38
th floor
New York, NY  10007-3001

James G. Samson, Esq.
Bangser Klein Rocca & Blum
230 Park Avenue
New York, NY  10017-3142

Jonathan J Fink Esq

Samson Fink & Dubow LLP

10 E 40th St # 708

New York NY 10016

Neil L Kanzer Esq

75 Franklin Street  

Amityville NY 11701

Neil L Kanzer Esq


Office of General Counsel

United Services Automobile Association

1325 Franklin Avenue Ste 340

Garden City NY 11530


Alan M Goldberg

Rosen Livingston & Cholst LLP

275 Madison Avenue - Suite 500

New York NY 10016


fax:  +1.212.687.8030


Hon Alfred Toker

IAS 40

71 Thomas Street – Room 204

New York, NY


The Honorable Marcy S Friedman

Supreme Court Justice

Commercial Division Supreme Court

60 Centre Street Room 663

New York NY 10007

The Honorable Lucy A Billings

Civil Court in the City of New York

71 Thomas Street Room 203

New York NY10013


Judge Stuart C Cohen

Room 540 - 60 Centre Street

New York NY 10007-1474


Diane A Lebedeff


Seville Condominium #1 Inc

4174 Woodlands Parkway

Palm Harbor FL 34685

Faith E O'Neal Yale '78 Touro '__

Law Secretary

Judge Diane Lebedeff

NYS Supreme Court for Manhattan County

Judge 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

Elizabeth Fuller



Set down for initial conference.

Order a complete disclosure of entanglements and conflicts by all parties.

Exhibit “_”: Subrogors and Subrogees

While no claim is made in his filing as to who, what, or which party was negligent, 55 Liberty Owners Corp  [4] was likely negligent for the exploding steam pipes which destroyed my family’s home.

Photos of the exploded steam ppe captured by USAA Adjuster Richard J Froese - from USAA files.

While not an element of proof in this case, the court will likely agree that the indicated corrective remediation recommended in ¶ 6

which suggested a part [Series 100 Flexonic] which looked just like this:

which was recommended by the coop’s own contract professional engineer would have defused the steam pipe explosion.

It is noteworthy USAA lawyer Robert J Spadaro bribed 55 Liberty’s building superintendent Robert J Phillips to appear as a last-minute witness.  Robert J Phillips spent his testimony telling corrupt judge Diane Lebedeff that I had intentionally spilled the water which destroyed the walls and floors of my family’s unit # 17C.  55 Liberty’s building superintendent Robert J Phillips was the person responsible to install the Series 100 Flexonic pipe; and Robert J Phillips refused to testify about the repair that he had failed to perform.

55 Liberty Owners Corp was in turn indemnified by its own insurer - Greater New York Mutual Insurance Company NAIC 22187 under Policy # 1131M75921-S.

The technical details of the highly avoidable design flaw which precipitated the steam pipe explosion were well known to the  55 Liberty Owners Corp before the explosion [Exhibit “_”]:  but hidden of course from me.

55 Liberty Owners Corp was clearly the canonical subrogor and Greater New York Mutual Insurance Company the canonical subrogee in a derivative action against the building architect, who was also the lead sponsor for the cooperative corporation.

The building architect, who was also the lead sponsor for the cooperative corporation, was Joseph Pell Lombardi.

[insert plaque from front of 55 Liberty]

Exhibit “_”:  engineer Joselow’s engineering report

Exhibit “_”:  Notes on unfair settlement practices

Unfair Claim Settlement Practices Act.  Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005

Unfair claims settlement:

ng 21 feb 1i

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[1] United Services Automobile Association; NAIC # 25941; FEIN  74-0959140; TDI Company Number 14-86800; Current TDI Certificate of Authority  [CofA]  # 14585 granted on April 2 2008.

Unlawfully commenced inter-insuring by receipt of a syndicate name's deposit against a reciprocal contract on either June 20 or June 22 1922. First one year license (expired February 28 1926) to commence inter-insuring by reciprocal contract granted on or slightly before March 23 1925 (two years and nine months after USAA's unlawful 1922 "receipt of a first deposit from a "syndicate name".

[2] On April 2, 2012, respondent [Michael Seth Feuer] pleaded guilty in the United States District Court for the District of New Jersey to conspiracy to commit wire fraud in violation of 18 USC §§ 1343 and 1349, a felony.  Respondent admitted to conspiring with others to wrongfully obtain over $1.4 million by, among other things, diverting life insurance premium payments belonging to employees of Fastener Dimensions to bank accounts the conspirators controlled.  Respondent was sentenced to 12 months and one day of imprisonment and to two years of supervised release.  In addition, he was directed to pay $115,963 in restitution.  http://caselaw.findlaw.com/ny-supreme-court-appellate-division/1724209.html 

[3] Special mention is reserved for lawyer Feuer.  Had Feuer crafted a simple demand that our Proprietary Lease and the rules of the coop required us to restore the apartment to the condition it was in before the steam pipe explosion - it is very likely that this entire matter old have been disposed of in October 1989.  Feuer tainted the court, ab initio, by framing the problem as a rent action.   Feuer knew that my family was indemnified by a canonical NYS coop Form HO5 contract which provided for 36 months of rent.

[4] 55 Liberty Owners Corp.  NYS DOS ID # 548928