of
Koenig study of Henry Lee Saurborn Jr’s
subornation of perjury
April 2 2018 2333 GMT

Study of Henry Lee Saurborn Jr’s
Subornation of Perjury
by
Robert J Phillips [RJP-RIP]

[Enter date when editing is done and closed out]


I am disappointed that you have not engaged.

If it seems you are being cast for a theatrical production, you may not be far off the mark.  You, Ms Weisberg and Ms Dominguez.


Table of Exhibits:

Exhibit “_”:  Henry Lee Saurborn Jr cv

Exhibit “_”:  Robert J Koenig’s May 24 1989 letter to USAA with first report

Exhibit “_”: Robert J Phillips Perjury

Exhibit “_”: Joseph Cusenza 1991 Letter

Exhibit “_”: Robert J Koenig Photos - Oyster Bay

Exhibit “_”: 42 Photographs by Daniel Ward White May 22 1996.

Exhibit “_”: Joselow's Letter

Exhibit “_”: Koenig family cooperative apartment standard form insurance contract

Exhibit “_”:  Koenig family umbrella contract

Exhibit “_”: Koenig family agreement on early move-in.

Exhibit “_”:  My first letter to USAA, my May 24 1989 letter to USAA’s Norma Mendiola

Exhibit “_”:  Photos - USAA Adjuster Ward 2nd visit on January 30 1995

Exhibit “_”:  DA Castleman’s letter

Exhibit “_”:  Paragraph 17(c) of the Koenig family proprietary lease

Exhibit “_”:Saurborn and Dominguez Affidavit

Exhibit “_”:  5th or 6th steampipe explosion


In the early morning of November 18 1989,  the high-pressure steam pipe in the southwest corner of the living room at 55 Liberty Street # 17C exploded:


USAA’s November 30 1989 file photograph of the exploded steampipe as repaired
on November 19 1989 by 55 Liberty contract plumber.:
photo taken by unlicensed USAA adjuster Richard J Froese.

and spewed ConEd-supplied saturated high-pressure steam up and down several floors.

Here’s the exploded steampipe:

[insert photo of the exploded steampipe]

 

3 years and 9 months  later, on June 18 1993, 55 Liberty Owners Corp [55 Liberty and “55”] superintendent Robert J Phillips [RJP] swore under oath that an overwatering a planter was the sole cause of the extensive and systemic damage to the living room floor at 55’s # 17C.  And RJP swore that he had seen a planter and that he had seen a dark stain on the floor which was made to disappear when Robert J Koenig cut the stain out and threw it away - which act of unlawful and fraudulent spoliation proved RJP’s statement.

Who was the audience for RJP’s statement the the Koenigs’ had over-watered a planter?  It certainly wasn’t the Koenigs’.  The Koenigs’, as per their proprietary lease, were fully insured:

  1. with a canonical standard-form NYS/NYC cooperative apartment policy [Exhibit “_”]; and,
  2. a $3,000,000 industry standard short-form umbrella contract [Exhibit “_”].

And in November 1989, 55 Liberty Street had its own quiver of insurance contracts (55 Liberty Insurance Contracts) - especially the multi-peril policy customarily carried by cooperative apartment corporations in the City of New York.

As happens thousands of times each year in NYC, the following industry standard insurance settlement procedure would unfold.

The Koenigs’ were tenants and as the owners of all the fixtures and improvements in # 17C their insurer would pay the costs of restoring # 17C and subpogate those coss to the coop’s multi-peril carrier.

This was all laid out in Judge Lebedeff’s courtroom in the4 testimony of  .  .  .  .  

Back in the late spring/early summer of 1989, a claim by 55 that the Koenig family had overwatered a planter would have triggered both a defense and an insurance adjuster investigation.  Koenig family indemnity as  to all such events was supplied by their insurance syndicate,  United Service Automobile Association [1] [USAA] - which was both the Koenig family cooperative apartment insurance carrier as well as the Koenig family umbrella policy carrier.

RJP’s fixation on a non-existent planter seems gratuitous as it turns out the Koenig family was obliged by their proprietary lease to undertake the complete restoration of the severely damaged for their own account - no matter the cause or responsible party:



Pertinent text from the Proprietary Lease
Paragraph 17.(a) in its entirety can be seen here [
Exhibit “_”]  Entire lease can be downloaded from here (pending link)

The Koenig family was fully insured, every which-way, for that eventuality.

While the Koenig family may have also had a cause of action for criminal negligence against their cooperative apartment housing corporation [and RJP personally] - as RJP had willfully and contumaciously conspicuously failed to repair the landlord-owned steam pipes behind the walls of their cooperative apartment:  Koenig family were subrogors of that right to commence most elements of such a cause of action and USAA was their subrogee.

In that sense, it didn’t matter whether the floor was damaged by an over-water planter, little green men from Mars, or Robert J Phillip taking his own leak on the floor in the midst of one of his standard drunken stupors.

As the Koenig family was obliged to undertake a complete repair to the floor (and lots more it turned out later - as the steam pipes continued to explode during the ensuing years): it is noteworthy that the record is absolutely completely silent on the matter of the Koenig family obligations to undertake all repair and restoration..

And until much later - in 1992 - the record is silent on the presence of a  mythical planter.

Let us together consult the early record.


I wrote USAA on May 24 1989 [Exhibit “_”] reporting a phenomenon that was causing the individual floorboards in the center of  livingroom to cup upwards  [2] - as if there was moisture underneath.  This is what I wrote USAA’s Norma Mendiola on May 24 1989 [sic]:



Extract of Koenig May 23 1989 letter to his cooperative insurance syndicate.

A much later photograph taken in 1995 is offered here not as “1989 evidence”but only to illustrate the upward concave cupping I was observing and talking about in 1989:

On May 24 1989, in the evening, I also faxed Douglas Elliman’s Paul R Gottsegen  as follows:

In June and August 1989, the Koenig family’s insurance syndicate adjuster visited twice and took photographs for the record.

The June 23 1989 visit was (I supposed at the time) the first routine and ordinary adjuster visit and these two photographs were taken by USAA’s criminally unlicensed adjuster Richard J Froese [Froese]

Remembering that in my May 23 1989 letter, I had supplied USAA’s Norma Mendiola with 55’s Multi-Peril Policy Carrier and Policy #:

Greater New York Mutual Insurance Company
NAIC 2218t
Policy # 1131M75921-S

during his first visit, Froese (who it turns out was an “independant” but unlicensed adjuster) made two highly curious statements:

  1. Froese had only just entered 55 # 17C when he uttered these words:

It isn’t fair to the other members of USAA to ask them to pay for the replacement of the Koenig family floor.  

  1. Then, after chatting and photographing, Froese said this:

If I [Robert J Koenig] were to admit to having spilled the water that caused the damage, he [Froese] could probably arrange for a check.

Froese was soon thereafter fired from USAA and declared bankruptcy.  But he can be questioned as to his conduct at this address m and phone number:

Richard J Froese

6 The Mall

Syosset NY 11791-4127

+1.516.496.9625 (business)

info@islandacquascape.com

It is my belief that on June 23 1989, even before USAA unlicensed adjuster Froese had first walked in, USAA had already contacted Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S and learned that 55 did not have insurance required by the proprietary lease.

Knowing that USAA’s path to subrogation was truncated - I believe that Froese was sent by:

Anthony D Perri Esq
46 Bayville Park Boulevard
Bayville NY 11709
+1.516.628.8888

David Arnold Woodard

2571 Rolling Creek

Spring Branch TX 78070

+1.830.885.5065 (home)

+1.210.325.0707 (cell)

woodard2@gvtc.com

Deborah Ann Pochtar Esq

Imperial House

150 E 69th Street Apt 17C

New York NY 10021

+1.212.737.4092      

dpochtar@gmail.com

deb.pochtar@stonbergmoran.com

to importune me to commit insurance fraud by inducing me to make a false statement as to the cause of the damage to the floor.  And I believe that Perri’s, Woodard’s, and Pochtar’s intent was malevolent.  I believe they were trying to maneuver me into making a fraudulent statement.


Now:  the charge of criminal conduct that I make against these three USAA lawyers, all licensed NYS lawyers, is very very serious.   But I believe the charge to be true.  And nothing that any one of these three lawyers has done since dispells my beliefs.  Taking together these elements of the matter:

  1. The clear presence of water damage.
  2. The completely correct and adequate insurance we had

nothing explains the conduct of Anthony D Perri, David Arnold Woodard, and Deborah Ann Pochtar better than a conspiracy to evade the costs of restoring our home as they had discovered that our landlord didn’t have insurance permitting subrogation.

I can only imagine what Perris’ Woodard’s and Pochtar’s motivations might have been.  But the answer to that question may lie in recognizing that there is more Church of Scientology to USAA than there is insurance company.

Starting with USAA telephone claims clerk Norma Mendiola [Mendiola] on May 24 1989 - something about Robert F McDermott’s approach to paying the cost of restore extensive exploded steampipe damage was wrong.  In my very first call, Mendiola objected to another New Yorker filing a water damage claim.  This is what she said on May 24 1989:

I do not understand why you’all  New Yorkers live in those tall buildings that are leaking all the time?

And USAA adjuster Froese’s very first statement about it being unfair to the other members of USAA to pay our claim:  none of these early statements added up and I should have listened more careful to my instincts at time.

But this story is about how Henry Lee Saurborn Jr Esq got roped into betraying his own home and institution - the Court System.

But the story that unfolds below goes far deeper than just an light-touch and artful evasion of a $25,000 - $50,000 claim.

As can be plainly seen below - USAA and 55 conspired to make it impossible for my family to restore the premises and to resume occupancy.


I had to obtain a repair to the floor.  And I had to do so in a deliberate and careful manner so as to keep all the parties informed.

So I arranged with RJP and his immediate boss:

Paul R Gottsegen [Gottsegen]

Executive Asset and Acquisitions Manager Canada & US

Time Equities

55 Fifth Avenue 15th Floor

New York NY 10003-4398

+1.212.206.6000

fax: +1.212.727.0563

dbudzick@halstead.com

to have 55’s organic contract carpenter Mark Brannon begin the process of restoring the damage by first removing the floor.

The plan to remove the floor was carefully carried out by dealing directly with RJP and his boss, Paul R Gottsegen.


55’s carpenter Mark Brannon and his 4-man crew arrived on July 28 1989 and

I wrote both Froese and Gottesman later that same day:

Froese faxed back right away that he’d come on August 3 1989.

Froese came on August 3 1989 and took this photograph:

And where was RJP on August 3 1989 when 55’s carpenter mark Brannon and his 4-man crew showed up.  Well:  RJP was not there.And here’s why.

[insert coop fraud]

Gottesman never did re-engage.  So I wrote Gottesman again on August 6, 1989.

Paul R Gottesman still did not engage.

I phoned and learned that Gottesman had left Douglas Elliman on very short notice and been replaced by a Jack Oelberger who I immediate wrote on August 15 1989, supplying copies of past correspondence.:

The next I heard was in this September 13 1989 letter from 55’s new management executive - a real criminal it turns out:

Richard "Jack" A Oelberger

Irene Oelberger

c/o Courtney Oelberger

5845 Doverwood Dr Unit 101

Culver City CA 90230

[photo pending]

nb:  Oelberger did turn out to be a criminal and pleaded guilty to NY County Morgenthau for criminal fraud - accepting bribes from contractors to work Douglas Elliman managed buildings - e.g. 55 Liberty Street et al.  [Exhibit “_”]

After RJP returned from the dryout hospital ca August 15 1989, he did in fact launch an extensive search for a source of water.

On his first visit, he took with him the black plastic bag that contained the flooring that had been removed by 55’s carpenter Mark Brannon and his 4-man crew.

Phillips brought with him a two-pronged moisture meter that he stuck in every conceivable place in #17C except in the Southwest corner of the living room where he had repaired a serious steam pipe explosion in December 1986.  nb:  the same plumber who was to come on November 19 1989 to repair the exploded steam pipe told me that he was the same plumber who had completed the repair on December 1986.

Phillips then tore out a 3’ x 6’ section of wall under the kitchen/living passthrough believing that it was our kitchen sink that was leaking: there was absolutely no leakage to be found.

But what was clear to me and a witness (who is still available) at the time was that 55 Liberty superintendent Robert J Phillips was desperate to find a leak that was internal to # 17C.

And when he couldn’t find an internal source - RJP made one up.  And given the incredible preponderance of information we have about the steam pipe explosion at 55 Liberty # 17C - it is clear the Robert J Phillip’s perjured invention of a planter and then an over-watering of that planter was suborned by lawyer Henry Lee Saurborn.

RJP left the 3’ x 6’ section of cut-out wall open throughout September and October.

I wrote RJP on November 7 1989 and asked him to return repair the section of wall he had ripped out.

Then on November 9 1989, 55 Liberty turned the heat on.

And radiator # 2 started leaking.  I wrote RJP as follows:

The hard-copy record of my November 9 1989 letter to RJP is actually in the possession of:


There is also no 1986 , 1987, 1988, 1989, 1990, or early 1991 record of an over-watered planter until an  unannounced visit to # 17C was made 2 years laterm in 1991, as memorialized in this October 14 1991 letter:

Cuzensa’s letter (above) was in response to this fax I sent him:


There are many photographs taken by many “hostile witnesses” that illustrate the complete truth and completely debunk the perjury that was suborned by Henry L Saurborn :  e.g. Daniel Ward White’s photographs  taken during his and Carol Ann Pisano’s un-supervised visit to Oyster Bay on May 22 1996 [Exhibit “_”].

Even USAA’s very first 1989 photos, taken by unlicensed United Services Automobile  Association [3] [USAA] adjuster Richard J Froese, and later on, the many many photos by USAA’s 2nd adjuster Grace L Ward flatly contradict RJP’s entire affidavit.

The photographic and documentary proof of your subornation of perjury will be laid out in ample detail below.

Actually - there is not one photo by anybody which supports RJP’s perjury - an outright perjury suborned by Henry Lee Saurborn Jr.  And there is not one document.

And I have no record of any photographs by RJP - even though they are mentioned in RJP’s affidavit.  As the entire file set for the cases have been stolen from the county clerk’s office:  this is all going to get very interesting.

And one must ask - where are RJP’s photos of the stain in the floor and where are RJP’s photos of the unicorn planter?

When USAA adjuster Richard J Froese first visited on June 23  1989, he took only two photographs.

Froese’s handwritten description for first photograph was “buckled floor”:

Froese annotated his second photograph as “damaged floor”.

But Froese’s second photograph is probative for another not so obvious but very interesting reason.

The upper right in Froese’s 2nd photograph, about 2 O’Clock, captures the exact location where perjurer Robert J Phillips swore there had been:

  1. A planter
  2. A dark stain from overwatering.

Richard J Froese carefully noted the floor damage that was propagating from the central “buckled floor” [Froese’s own words] to the Northeast - towards the front door marble hallway.

Froese noted no planter;  Froese noted no dark stain.


That brings us to to the next chapter.

In June/July 1989, I negotiated an arrangement with Douglas Elliman’s Paul Gottsegen to have the 55’s carpenter, Mark Brannon and his 4-man team, remove the finished red and white inlaid oak floor and ¾” plywood subfloor.

55’s RJP and USAA’s Richard J Froese was an integral part of those arrangements and RJP agreed to stand by and to be present when the floor was removed.

:


The  April 11 1996 photographs show the 3/4” plywood subfloor, turned upside down and reassembled:



The close up scans of negatives of the the floor flipped upside down may be had here:
http://compartmentalizedfraud.com/fraud_55_liberty_early/55_liberty_lawyer_henry_l_saurborn/photos_floor_flipside_hq 
Additionally - it may be possible to produce
 the actual Kodak negatives.

This same floor flipped over widthwise and then superimposed on a floorplan of # 17C, tells a quite different story:

What we have above is an almost geological record of the secular flows of condensed ConEd industrial steam (Fernwärme - in German) which began at the 14th Street Power Plant on the Eastside of Manhattan and ended up destroying Apartment # 17C at 55 Liberty Street.

In 1993, you [lawyer Henry :Lee Saurborn Jr] suborned the now-deceased 55 Liberty Superintendent RJP to prepare a perjured affidavit [Exhibit “_”] which you knew to contain completely untrue facts and which, even more importantly, purposefully omitted material true facts which were known to you and unknown to me.

Here  is the essence of the facts, the whole truth, which you hid:

  1. You knew, your clients knew, and RJP knew that exploding, fracturing, cracking, shearing, and otherwise failing 6” steam-riser branch run-outs were causing continuous narrowly time-separated and very serious damage all over the building.
  2. You knew, your clients knew, and RJP knew that the 55 Liberty Owners Corp’s own consulting professional engineer had explicitly addressed the matter [see Joselow’s complete letter, as exhibited below].

Remove the “swing” (an assembly of several steam pipes to replace one to try and add flexibility):

and replace with


Flexonics 100
less than $100.

  1. You knew, your clients knew, and RJP, especially, knew that the exact same steam- riser runout “swing” had fractured on December 17 1986 - near the beginning of the 1986 - 1987 heating season.
  2. You knew, your clients knew, and RJP, especially, knew that RJP himself had conspicuously failed on December 18 1986 to replace the ineffective “swing” with the required Flexonics 100 Stainless Flexible fitting that consulting professional engineer Abraham Joselow had mandated.
  3. You knew, your clients knew, and RJP, especially, knew exactly what was causing the heaving of the floor and the accompanying acrid smell of Con Ed Steam.
  4. You knew, your clients knew, RJP knew, Douglas Elliman’s Paul Gottesman knew, Milstein’s Stephan A Rossi knew, and J C Klein’s Joseph Cusenza knew: and in fact you all knew that the Koenig family was absolutely and 100% fully insured for any eventuality which would require the Koenig family to restore any damage at the cooperative apartment which was theirs to remediate.
  5. You knew, your clients knew, and RJP knew, Stevan A Rossi knew, Joseph Cusenza knew, that the form of the Koenig family insurance contract [Exhibit “_”] supplied by their insurance syndicate United Services Automobile Association [4] was the canonically correct NYS approved form for the Koenig-family leasehold - # 17C.
  6.  You knew, your clients knew, and RJP knew, Stevan A Rossi knew, Joseph Cusenza knew that the Koenig family’s insurance contract limits of liability were entirely consistent with the  insurable.

While RJP was clearly sentient and intelligent in the manner of a non-neutered male feral cat: the language, wording and phraseology of RJP’s affidavit were way way beyond his native capabilities.

So I think we are agreed that you wrote the affidavit.  It would make sense that Phyllis H Weisberg Esq was also involved.  And you may have even used a draftsman to draw the chart which was included.

RJP averred that the systemic failure of the entire 15 x 20 living room had been explicitly caused by my over-watering a planter.  And RJP then averred that the over-watering of the planter had yielded a dark stain on the floor:  and in order to hide that stain, I then personally cut out or had arranged to have cut out what Phillips in what his sworn affidavit asked the court to infer was an intentional effort on my part to sabotage the floor.

The true purpose of this Henry Lee Saurborn Jr fairy tale, which followed from Joseph Cuzensa’s 1991 letter [Exhibit “_’] was to begin the defense against my insurance syndicate’s inevitable subrogation of their costs to 55 Liberty Owners Corp.

If Henry Lee Saurborn Jr wants to spin tales, by proxy or otherwise, I can’t stop him.

But if Saurborn had truly believed that it was Koenig’s over-watering a planter, then why didn’t Henry  Lee Saurborn Jr and Saurborn’s client, the real parties in interest, immediately write a demand letter that I repair the floor.

This is how the letter might have looked:

___ 1993

Dear Koenig family:

Please cease and desist from owning and watering planters.  Enclose is a photograph of planter(s) that have been observed in # 17C.

The cooperative corporation’s records show that Douglas Elliman’s Paul Gottsegen, in consultation with RJP, dispatched the 55 Liberty Owners Corporation’s carpenter Mark Brannon to remove the floor on July 28 1989.  There is an invoice from Mark Brannon in the corporation files:  and you signed off on  Mr Brannon’s work order for the limited work which was done by Mark Brannon’s 4-man team on July 28 1989.

The cooperative corporation records also show that RJP had just been advised on July 20 1989 that he was a person-of-interest in Manhattan DA Robert Morgenthau’s investigation of the great pay-to-play coop fraud - and that RJP fell into such distress that he was taken to an upstate dry-out facility suffering an alcoholic relapse..

It is regrettable that Mr RJP was not present on July 28 1989 when 55 Liberty Owners Corp carpenter Mark Brannon began the floor removal.  It was fortuitous that the building handyman, Joseph Pelikan, was able to be in attendance.

55 Liberty Corp carpenter Mark Brannon’s invoice for his and his 4 men’s time at 55 Liberty Street # 17C indicated that you [Mr Koenig] had asked carpenter Brannon to stop work the minute that underfloor water was discovered.

You and carpenter Brannon selected a section of undamaged floor next to and under the kitchen passthrough to cut the first exploratory hole.

The reason why you and 55 Liberty Owners Corp carpenter Brannon agreed on the section of floor on the Northeast side of the living room, just to the right of the entrance way, was for these reasons:

  1. First, there had to be a first cut somewhere.
  2. You and carpenter Brannon selected the location which presented with the least signs of under-floor water damage.
  3. While the intricate square pattern oak floor had suffered the most upheaval in the center of the room, the subfloor damage clearly jumped all the way to the Northeast into the front-hall marbled entrance way.  The front-hall marble had so upheaved that the front door couldn't be opened.
  4. If no water was discovered under the first cut, that a second cut would be made and so on and so on.  And then if no water was discovered, then the floor would simply be removed.
  5. As it was, 55 Liberty Street carpenter records show that Mr Brannon and you observed ½ water on the concrete slab:  and you asked Mr Brannon to stop work.

You immediately reported the work to both Paul Gottsegen [Exhibit “_”] and your insurance syndicate’s adjuster  [Exhibit “_”].

When RJP returned on about August 15 1989 from upstate dry-out near his trailer-park home in Monticello,  RJP came # 17C at your request.

The finished oak flooring and the sections of ¾ plywood subfloor that 55 Liberty Owners Corp carpenter Mark Brannon had cut out were neatly packaged in a black plastic bag.  Except for a small sample of oak floor and ¾” plywood subfloor that you kept for your records; and except for a small sample of oak floor and subfloor that USAA adjuster Richard J Froese took for USAA’s records:  JJP took the entire black plastic bag with pieces of wet water-soaked flooring away with him.

As you explained it to building executives Walsh , Oelberger, and Kessler:  it was your understanding based on your insurer’s adjuster’s statements, that the floor belonged to the cooperative corporation.  That is why you relinquished possession of the damage floor to RJP.

(to be continued below . .  .  )


At this point, an honest productive and constructive Henry Lee Saurborn Jr letter would have bifurcated depending on who Saurborn jnew to actually “own” the floor ownership:

Continuation of Henry Lee Saurborn’slLetter:
two alternative versions

This bifurcation flows from a conclusion that the Koenig family owns the floor - which seems now to have been the case.

This bifurcation flows from a conclusion that 55 Liberty Owners Corp, and not the Koenig family, owns the floor - which seems not to have been the case.

The records of 55 Liberty Owners Corp show that the entire installation in #17C, from the studs in, including all fixtures, was installed by the prior tenant, Burt Sanoff.

The records of 55 Liberty Owners Corp show that the entire installation in #17C, from the studs in, including all fixtures, was installed by the corporation prior to first sale to the first tenant..

Accordingly, it is the Koenig family’s duty to institute a restoration of # 17C to its condition prior to the steam pipe explosion.

As The Koenig’s are required by your lease to maintain in force an insurance contract which indemnifies you against the costs of restoration, your insurer has the industry standard right to perform the adjustment.  Please ask your adjuster to send his industry standard report to our insurer - Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S.

There will be portions of the restoration, such as a permanent repair of the steam riser branch run-out and re-insulation with non-asbestos materials, while part of the project, are properly charged to the cooperative corporation.

Accordingly - the cooperative corporation will undertake to restore its apartment to its prior condition.

As the cooperative corporation believes in good faith that the steam pipe explosion and the preceding two intervening winters of leaking steam condensate between the December 1986 repair and the November 1989 explosion were not the cause,  the cooperative corporation intends to subrogate a claim directly to your insurer.

Our adjuster will send her adjustment report to USAA so that USAA’s adjuster may industry-standard negotiate your share of the restoration costs.


Mr Saurborn:

I believe that in 1993, at the time you suborned Robert J Phillip’s perjury, you and your client 55 Liberty Owners Corp knew that the Koenig family owned all the improvements at # 17C (from the studs in).

That had also always been my understanding.

When I submitted my declarations in December 1986, we were short-term subletting # 17C from the estate of Burt Sanoff prior to the January closing.  Our December 9 1986 sublet agreement [Exhibit “_”] with the estate of Burt Sanoff required us to undertake all of Burt Sanoff;s Estates duties under the terms of the proprietary lease.  Our application to purchase # 17C and our special sublet arrangements were all part of our formal application of record to the cooperative corporation, through Douglas Elliman’s “closing department”.  The insurance contract that USAA issued on December 21 1986,  the day we occupied, indemnified our duty to restore in case of damage.  The Burt Sanoff estate was impecunious so I took great care to acquire indemnification.  Quite literally, once we had closed: we could have been obliged to rebuild or entire apartment before we had even closed had there been a fire.

So you, Henry Lee Saurborn Jr, had all those documents.

55 Liberty Street Owners Corporation, through its agent Douglas Elliman, had scienter that the Koenig family fully understood our duty to repair any damage to the apartment from the studs in.

In fact, when I submitted our application to USAA over the phone, I explicitly described out duty to restore to the ignorant uninformed Tex-Mex representative in terms of the destruction of the entire building.  I explained that if the cooperative corporation elected to rebuild the structure after total destruction, that the Koenig family would be presented with a 600 square foot white dotted line on the concrete slab of a new 17th floor in a new 55 Liberty Street:  and that it would per force be our contractor who would fit-out a brand new apartment - from the studs in.

USAA responded by issuing us a contract with the following limits of liability.

 

A copy of our entire USAA insurance contract [Exhibit “_”] was supplied to 55 Liberty Owners Corporation’s agent, Douglas Elliman.

But it is at this point that the record begins to stink:  this is where the shit, your fucking shit HLS Jr, starts to float to the top.

At no point over the period May 1989 through to your subornation of perjury and your intentionally misdirecting your service of legal papers to an address you knew to be wrong:  at no point did 55 Liberty Owners Corp confirm that the Koenig family owned the floor and demand that the Koenig family repair the family floor.

How can that be?


Well - here’s how.

On May 24, 1989 at USAA’s Norma Mendiola’s request, I supplied USAA with 55 Liberty Owners Corp’s Multi-Peril Insurance Policy #:

Greater New York Mutual Insurance Company
NAIC 22187
Policy # 1131M75921-S

My May 24 1989 letter specifically mentioned the curious concave upwards curvature of the individual oak floor strips.

When unlicensed and soon to be fired USAA adjuster Froese made his first visit on June 23 1989, I supplied him with my copy of the proprietary lease.

USAA, my insurer, initiated a purely routine enquiry through industry channels to Greater Mutual of NY  to set in place the process of executing a 2nd-3rd party adjustment.

Clearly USAA intended to subrogate my claim against the cooperative corporation to Greater New York Mutual Insurance Company

In USAA’s reach out to Greater Mutual of NY - USAA learned that 55 Liberty Owners Corp had run through its Multi-Peril Policy limits of liability for damage from exploding steampipes.

Thus:

  1. USAA knew that 55 Liberty Owners Corp’s was naked as to insurance coverage for damage from exploded steam pipes.
  2. The directors of 55 Liberty Owners Corp knew that 55 Liberty Owners Corp was naked as to insurance coverage for damage from exploded steam pipes.
  3. The only real party in interest who didn’t know that 55 Liberty Owners Corp was naked as to insurance coverage for damage from exploded steam pipes was the Koenig family.

Down the road, 55 Liberty Owners Corp counsel Daniel Ward White committed fraud upon the court by supplying, in discovery, an insurance policy which asked the court as a body to infer that 55 Liberty Owners Corp was fully insured ambivalent party.

Daniel Ward White, repeatedly, made statements in IAS proceedings before trial that described the Koenig pater familias as a low-life uninsured scuzzball that didn’t want to pay for repairs to his floor:  because he wasn’t insured.

Well Daniel Ward White knows that he lied.

Now let’s talk about the actual cause of the damage to the floor.  If I can manage it, I’d like to try to get your license to practice law taken away.


Mr Saurborn - I can understand that you had a need to “earn a fee” by mounting a defense against the USAA’s claim against the ccop for costs of repair.

But isn’t perjury a little extreme.

Here is the story of the steam pipe.

Let’s begin with what you knew.

USAA’s Leonard Dale Stewart wrote a 55 Liberty Board member, who was also a USAA syndicate name, this letter about RJP’s planter:

Here are the photographs that USAA’s Leonard Dale Stewart included in his letter to Mrs Kennedy:

I trust you will accept my color copies of the same photographs in the place of the greyed copies that USAA’s Robert M Spasaro supplied 4 years later.

I never knew about the letter - but you did!  Mrs Kennedy gave you a copy of the letter.

 

Now let’s talk a little but about Froese’s photographs.

It’s probably time for you to start getting your prison underwear ready.

I had none of these photographs from the USAA adjuster.  I was only supplied with my copies on June 22 1994.  You had copies of these USAA photographs.

The photograph taken by USAA Adjuster Richard J Froese explicitly mentioned the buckled floor.   Photography got better over the course of litigation, but USAA adjuster Ward’s later photographs depicted exactly what I had mentioned in the May 24th letter:  a concave upward bending, across the grain.

 Are informed by 55 Liberty Street’s retained professional engineer, Abraham Joselow, that a fundamental engineering error in the steam riser


Henry Saurborn

I believe that in the next few days or weeks, it will be revealed that there was a sidebar between a USAA attorney and Phylis Weisberg’s law firm.
I think that somebody at USAA is going to flip.

If there was something unholy about either Phyllis Weisberg’s or Henry Saurborn’s conduct in 1989 - 1992; we can either learn about it now before somebody as USAA flips; or we can learn about it after somebody at USAA flips.

If there was a criminal act, the crime would be conspiring to steal our family home by a criminally motivated tortious interference with my family’s contractual relationship with the USAA - which is an unincorporated insurance syndicate.

In a curious sort of way, this is a story of a tenant being housed by one cooperative being indemnified by another cooperative for the standard cooperative apartment duty to restore.

If there was no contact with USAA - then please tell me now,

So - let’s get down to business


That there was probably a crime is illustrated with greatest clarity this one unfortunate truth.

The record (which I can quite easily share with you) is absolutely completely silent on the matter of ¶17(c) to the proprietary lease.  The record shows (unfortunately for you) that there was no demand that the Koenig family restore the damage from the exploded steam pipe.

Unfortunately, it is in-arguably true that had the Phyllis Wiesberg law firm written this letter:

January 1, 1990

Dear Koenig Family:

This is a demand that you immediately undertake your strict duty to to restore landlord’s exploded steampipe damage to your apartment.

¶17(c) of your proprietary lease sets out your unilateral duty to repair and restore all damage to your leased apartment regardless of cause or negligence on the part of the 2nd or even a 3rd party.

Your proprietary lease also requires you to be indemnified for the costs of repair; just as we [the coop] are required to carry a standard multi-peril policy.

You have supplied us with a copy of your insurance contract:  United Services Automobile Association Contract Number

As you already know our standard multi-peril contract is underwritten by Greater Mutual of NY Contract  _________.

As it is likely that the preponderance of costs will fall to you, this is to suggest that you ask your insurer and your insurer’s adjuster to send the managing agent her industry standard 2nd/3rd party adjustment so that we may know what costs your insurer feels are allocatable to our account.

Our adjuster will attempt to settle the 2nd/3rd party adjustment and we sincerely hope that most if not all costs will be met by our respective insurers.

Thank you for your prompt attention to this matter.

Very truly yours,

Henry Saurborn Jr

Had you written a demand letter, a USAA industry standard adjustment would have been required  - even if that adjustment did not conform to your ideas about how expenses should be allocated.


Exhibit “_”:  cv for Henry Lee Saurborn Jr


Exhibit “_”:  Robert J Koenig’s May 24 1989 letter to USAA with first report


Exhibit “_”:  Robert J Phillips perjured affidavit


Exhibit “_”:  Cusenza’s letter of October 7 1991


Exhibit “_”:  Robert J Koenig photographs April 11 1996


The ¾” plywood subfloor  floor from 55 Liberty Street -  #17C
reassembled rightside up
.
Below are close up photos of the various sections of the floor, upside down.

[empty]


Exhibit “_”: 42 photographs of 3/4” plywood subfloor - turned upside down in Oyster Bay - from Daniel Ward Whites files:  taken by Mr White on May 22 1996


Core distribution [January 26 2018 1721 GMT]:

Henry L Saurborn Jr Esq

Kaiser Saurborn & Mair PC

111 Broadway 18th Floor

New York NY 10006

+1.212.338.9100

fax:  +1.212.338.9088

saurborn@ksmlaw.com 

Phyllis H Weisberg Esq

Partner

Montgomery McCracken Walker & Rhoads LLP

(formerly Kurzman Karelsen & Frank)

437 Madison Avenue, 29th Floor

New York NY 10022

+1.212.867.9500

fax:  +1.212.201.1939

pweisberg@mmwr.com 

Ancillary distribution:

Jurists

1

Andy Mireles [RIP], Bexar County District Court

2

Carol Haberman [RIP], Bexar County District Court

3

David Berchelmann, Bexar County District Court

4

Janet P Littlejohn, Bexar County District Court

5

John D Gabrie, Bexar County District Courtl

6

John J Specia, Bexar County District Court

7

Michael J Peden, Bexar County District Court

8

Solomon Casseb, Bexar County District Court

x

9

Carol E Huff

x

10

Diane Alexis Lebedeff  [impeached and fucking thrown off the NYS Supreme Court; this is the judge that USAA lawyer Robert Spadaro bribed]

11

USBCJ Dorothy Eisenberg (major witch)

12

Jerald R Klein [RIP] - the NYC Tenant-Landlord judge who was auctioned on eBay.

13

USDJ Joanna M Seybert

14

USDM Arlene Rosario Lindsay

15

NYDC Lucy Billings

16

USDM Michael Orenstein

17

Mediator Milton Mollen [RIP]

18

Peter B Skelos

19

Milton Tingling

20

Robert Roberto

21

Sheila Abdus-Salam [RIP- by Suicide, East River]

22

Sherry Klein Heitler

23

USDJ Orlando Garcia

24

USDJ W Royal Ferguson

x

26

NYS Supreme Court Judge Martin Schoenfeld

x

27

Referee Julian R Birnbaum

28

Judge Stuart C Cohen

29

VT Superior Court Judge M Patricia Zimmerman

30

VT Superior Court Judge Helen Toor

31

VT Superior Court Judge Robert R Bent

32

VT Superior Court Judge Michael S Kupersmith

Attorneys

x

1

Aaron Goldstein

2

Aaron Schulewitz

x

3

Alan M Goldberg  (Chubb)

4

Ben C Kirschenbaum

x

5

Carol Ann Pisano  (Chubb)

x

6

Daniel Ward White  (Chubb)

x

7

Don Liebowitz

x

8

Fred L Seeman

x

9

Henry Saurborn

10

Michael S Feuer [jailed and disbarred]

x

11

Phyllis Weisberg

12

Robert Jerome Apfel

13

Ashley Elizabeth Street

14

Barry Chasnoff

15

Kirt O’Neill

16

R Lawrence Macon

17

Andrew W MacIlwaine

x

18

Anthony D Perri

19

David A Jones

x

20

David Arnold Woodard

x

21

Deborah Ann Pochtar

22

Elizabeth Fuller

23

Elizabeth Kase

24

George E Joy

25

James O Druker

26

Jessica Taylor Spangler

27

The partners of Jones Day (en banque)

28

The partners of Akin Gump (en banque)

29

Kenneth O Smith

30

Linda King

31

Lori Massey

32

Michael F Barry

33

Michael W O’Donnell

34

Neil L Kanzer

35

Paula Schwartz Fromme

36

Reid Meyers

37

Robert G Newman

38

Robert L Hoagland

x

39

Robert M Spadaro

40

Robert Sprague

41

Russell K Scott

42

Sally B Narey

43

Samuel J Hoar

44

Theodore Schultz

45

Will D Davis [RIP]

Aaron Ron Goldstein Esq (Chubb)

and of course:

x

Barry J Yellen

x

William A Simon



Exhibit “_”: Joselow’s Letter


Exhibit “_”:  Koenig family cooperative apartment insurance contract


And



Exhibit “_”:  Koenig family umbrella contract




Exhibit “_”:  Koenig family agreement on early move-in.


Exhibit “_”:  My first letter to USAA, my May 24 1989 letter to USAA’s Norma Mendiola



Exhibit “_”: Polaroids from USAA adjuster Grace L Ward’s first visit January 18 1995

[empty]


Exhibit “_”:  Photos - USAA Adjuster Ward 2nd visit on January 30 1995


Exhibit “_”:  DA Castleman’s letter

Exhibit “_”:  Paragraph 17(c) of the Koenig family proprietary lease


Exhibit “_”:Saurborn and Dominguez Affidavit - January 23-24 1994


Exhibit “_”:  5th or 6th steampipe explosion, as noticed by Blue Woods Management



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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 and nine years after USAA's unlawful 1922 "receipt of a first deposit from a "syndicate name".

[2] Had the moisture been on top of the floor, the floorboards would have cupped downwards.  The direction of cupping reflects the difference in moisture content between the two sides of the wooden strips of oak flooring.  Additionally, the problem significantly worsened during the winter heating season and “cured itself” somewhat during the summer months. Unfortunately - for Mr Phillips and and Mr Saurborn, this telltale cupping relates a story which can not be altered by words.

[3] 

[4] 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.