Wednesday, November 25, 2009

Vexatious Pro Se Litigants Place a High Cost on Society

As a self-represented, or pro se litigant, Mr. Couri is not bound by the rules of ethics that are applied to licensed attorneys. He says what he wants and courts are hesitant to sanction him as a self-represented litigant.

Mr. Couri's claims were without merit as reflected in the 40 or more court decisions, the jury verdict, and Mr. Couri's failure to pursue an appeal. The litigation consumed over five years, the jury trial three weeks. Suffice it to say, Mr. Couri had sufficient time to fully air his grievances. His efforts to revisit these very issues is misguided.

Mercifully, in a recent case, unrelated to the Pavia litigation, Mr. Couri did not avoid the wrath of the court. As a result of Mr. Couri's failure to comply with four court orders directing him to sign authorizations to allow his adversaries access to his and his companies' tax returns --- to establish their multi-million fraud claim against him --- an appellate court dismissed Mr. Couri's complaint that alleged, incredibly, that his adversaries damaged him in excess of $20 million dollars. A copy of the appellate court decision can be found HERE.

Mr. Couri stated that as a practical matter he had no assets (and apparently free from enforcement of judgments and court imposed sanctions).

Notably, last year I was able to serve restraining notices upon two insurance companies days before they were to make a one-time total payment to Mr. Couri's attorneys of $230,000. After the insurance companies paid approximately $160,000 to satisfy two judgments entered by Mr. Couri's former landlords, and after Mr. Couri's lawyers paid themselves their legal fee, Mr. Couri was left with very little of the original $230,000. Perhaps that upset him and made him want to strike out at me without basis. Realize, I was not the problem; the problem was Mr. Couri's failure to pay his lawful creditors. Until Mr. Couri accepts responsibility for his actions he will continue to rant against those who hold him responsible for his actions, including the court system.

Like the Pavia verdict, Mr. Couri did not pursue an appeal of the court order directing payment of the judgments. Why not? Because he owed the money. For him to claim otherwise is bogus.

Separate and apart from attempting to avoid his creditors, it is Mr. Couri's practice, as documented in court decisions, to file motions seeking the same relief over-and-over. Similarly, he will serve and file complaints over-and-over. For example, Mr. Couri's repetitive and malicious conduct was evidenced by the service of new complaints upon my clients the Pavias within days of a jury verdict that declared the very same allegations were without merit. Under these circumstances, and as further detailed in this blog, Mr. Couri has all the characteristics of a vexatious pro se litigant and likely that is what led Justice Joan A. Madden to find that Mr. Couri has "a fundamental disrespect for the legal system."

Articles expressing the problems associated with pro se litigants abound. See, the Washington State Bar Association, "The Pro Se Dilemma: Washington Courts and Vexatious Pro Se Litigation," by David Goodnight, Esq. The article is available HERE.

Proper Legal Representation Provided to the Pavia Family.

In February 2007, I entered the Pavia-Couri litigation without the benefit of having participated in the previous four years of litigation. Nevertheless,  I handled the pre-trial hearings, the three week jury trial (against both Mr. Couri and his wife, who was represented by counsel), all post-trial motions, and all preliminary appellate applications. I obtained a dismissal of two new post-trial complaints filed against the Pavias by Mr. Couri. Evicted Mr. Couri from the Pavia apartment. Found Mr. Couri's assets in the form of two insurance policies. Served restraining orders upon the insurance companies, successfully litigated two motions to enforce the restraining orders, and collected $160,000 on the 2007 Pavia judgment and the 1995 Helmsley Carlton House judgment (one of Mr. Couri's previous landlords) (as was the Westchester County Country Club). In short, I succeeded at every stage of the litigation.

In the end, the Pavia Family residence was restored to the sanctuary it once was. The Pavias could not be more deserving. They were a pleasure to work with under what can only be described as very difficult circumstances. They are fine and genuine people. It was a pleasure and an honor to represent them.

Mr. Couri failed to pursue an appeal of the jury's verdict. Repeating his claims now in the court of public opinion does not make them any less false.  Especially after a jury finding they were without merit and a Sheriff's eviction of him from the Pavia apartment.

Sunday, November 22, 2009

Eviction for Nuisance - The Law

New York Codes, Rules and Regulations: Part 2524.(b): "The tenant is committing ... a nuisance ... [when] the tenant engages in a persistent and continuing course of conduct evidencing an unwarrantable, unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other tenants ... of the same ... building ... by interfering substantially with their comfort or safety
The lawful exercise by a tenant of any rights pursuant to any law or regulation relating to occupancy of a housing accommodation, including the RSL or this Code, shall not be deemed an act of harassment or other ground for eviction pursuant to this subdivision."

It Was Shocking to Realize that Virtually Everything Couri Said of Significance Was Not True.

In my two-and-a-half year dealings with Mr. Couri, I found to my shock and dismay that virtually nothing he said of significance was true. Although I had nothing to compare it to, I learned rather quickly that the more he repeated something the more likely it was untrue. With Couri's unintended encouragement, I would probe his claims and, almost without exception, they were untrue --- and the jury came to the same conclusion.

The last nine years of Mr. Couri's nuisance behavior against my client has been and continues to be a tremendous waste of time and resources. The dispute was over a $1,800 per month, rent stabilized, one bedroom apartment, that Mr. Couri, who now lives in La Quinta, California, described despairingly as a dump.

Sadly, Mr. Couri "claims" to be extremely sick from Stage IV malignant melanoma and, yet, he intends to continue tilting at windmills until his dying day.

Friday, November 20, 2009

How Is It Possible That a High School Graduate Who Represents Himself Keeps Losing In Court? Is It The Result of a Huge Conspiracy Against Mr. Couri?


James C. Couri Drafts Letter to NYS Committee on Judicial Conduct Claiming Hon. Joan A. Madden's Conduct Not Unlike Doctor Mengele's at Auschwitz.

EDITOR'S NOTE: The allegation is unspeakable but it is just one example of his hundreds of vile acts.

Despite Couri's Claims to the Contrary, Attorney for Katby T. Couri Made Her Affidavit Public

James C. Couri claims I stole his mother's affidavit from his brother. Of course, this is not true, but the allegation is typical of Couri's many fantastic and invidious allegations lodged against me, client George M. Pavia and too many others to list. Below is a copy of the affidavit of Robert G. Kurzman, the attorney for Katby T. Couri, which was filed in the case of James C. Couri v. Duty Free International Corp., et al., (92 Civ. 2991 (CLB), United States District Court, Southern District of New York). In his affidavit, Mr. Kurzman released to the public Katby T. Couri's affidavit consistent with her instructions and with the consent of the executor of her estate, specifically, the brother of James C. Couri. Of course, Mr. Couri knows the truth but often he seems not to care about the truth.








Thursday, November 19, 2009

James C. Couri Loses His Appeal

On August 26, 2009, James C. Couri complained in a open letter to the New York State Supreme Court, Appellate Division, First Department that he had been unfairly "targeted" by that court.  Specifically, Couri complained that the Appellate Division denied Couri's request to enlarge his time to perfect an appeal in a case unrelated to the Pavia-Couri litigation. Often requests to enlarge the time to perfect an appeal are granted, but not always. The decision is within the sound discretion of the court. Unsatisfied with the denial, Couri made a second motion asking the court to reconsider. On December 1, 2009, the Appellate Division denied Couri's request a second time. The lesson here is clear: perfect your appeal within the nine months allowed by law and do not rely on the court to grant more time.

EDITOR'S NOTE: In the Pavia-Couri litigation, Couri did not perfect his appeal of the jury's verdict, did not ask for more time, and his right to appeal expired. Case closed.

A List of People Sued by "James Couri" and "James C. Couri" in just the New York State, New York County, Supreme (Trial) Court!

Mr. Couri claims that he did not sue "all" of these people and businesses but he fails to identity which of the lawsuits were not brought by him, if any. Since 1996, Mr. Couri has filed over 100 lawsuits against hundreds of defendants. Here is the list and the years in which the complaints were filed.