This MUSER Sofer Said in court Monday that 60 people gave cash deposits on beirach moshe and didnt care only for his ego in court and put all Yiddish kinder of Monroe under investigation
Everybody should scream YANKY SOFER OUT OF KJ """""" MUSER MUSER """""" GO OUT OF KIRYAS JOEL """"""""""" AHRONIM ZALONIM BNEI YOELM"""""""""""" THIS IS NO JOKE SOFERS LAWERS AND SOFER PROVIDED TO THE JUDGE THE LETTER THAT ALL 60 PEOPLE SENT TO KIRYAS YOELER KOHEL TO BEG THEY SHOULD STOP FIGHTING AND THIS HE SHOWED FOR THE JUDGE RACHMUNE LITLZON AND YOU SEE PROOF THAT ALL THE YINGELIET PUT DOWN HUGE CASH DEPOSITS
ALSO SOFER HIMSELF LAUNDRED MONEY ON ATZAI TEMORIM AND CHEVRON AND AND ROVNEH AND HE THINKS WW WILL BE QUIET
Below will u see the link how sofer will end like the guy in lakewood this morning Dont deal with sofer for no money in the world you will get arrested
http://www.vosizneias.com/62049/2010/08/12/lakewood-nj-fbi-arrest-orthodox-jewish-real-estate-developer-in-alleged-ponzi-scheme Also is attached the minutes from the couer how the judge warned this MUSER SOFER
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SUPREME COURT
COUNTY OF ORANGE: STATE OF NEW YORK
---------------------------------------X
BRIARWOODS FARM, INC., et al, :
:
Plaintiffs, :
: Action No. 1
-against :
Index No. 5012/10
:
LEXINGTON FUNDING GROUP, LLC, et al, :
:
Defendants. :
--------------------------------------x
LEXINGTON FUNDING GROUP, LLC, :
:
Plaintiff, :
: Action No. 2
-against -: Index No. 2145/10
:
BAKERTOWN ROAD CONDOMINIUM CORP., :
MOUNTAINVIEW ROAD CONDOMINIUM CORP., :
etal, :
Defendants. :
---------------------------------------X
Proceedings
August 9, 2010
Orange County Supreme Court
Goshen, NY 10924
B E F O R E:
HONORABLE LEWIS J. LUBELL,
SUPREME COURT JUSTICE
APPEARANCES:
For Lexington Funding Group LLC:
Ostrer Rosenwasser, LLP
201 Ward St.
P.O. Box 69
Montgomery, NY 12590
BY: STEWART ROSENWASSER, ESQ. and
For the Plaintiffs in Action 1 and
the Defendants in Action 2:
DORFMAN, KNOEBEL, CONWAY, FURY & GRIFFIN, LLP
51 North Broadway
Nyack, NY 10960
BY: BURTON I. DORFMAN, Esq. and
PROCEEDINGS
GREENWALD LAW OFFICES
99 Brookside Avenue
Chester, NY 10918
BY: GARY GREENWALD, ESQ.
Co-Counsel
Also present:
Guy Parisi, Receiver
YUVONDRA EVERETT FANTROY
Senior Court Reporter
THE COURT: Number 8. Lexington.
COURT CLERK: Appearances for the record,
please.
MR. ROSENWASSER: Stewart Rosenwasser for
Lexington Funding.
MR. PARISI: Guy Parisi as Receiver.
MR. GREENWALD: Gary Greenwald for defendants.
MR. DORFMAN: Burt Dorfman for defendants.
THE COURT: Where is Eric?
MR. DORFMAN: He is not here today.
THE COURT: He's still with us?
MR. DORFMAN: He is working with us.
THE COURT: Okay, let me just make sure of the -
You and Gary I can count on as being my contacts and
my, for the purposes of my discussions, on behalf of
the defendants in this case?
MR. GREENWALD: In regard to the defendants, there
are certain issues that Mr. Dorfman is the lead counsel
for, like today. And certain ones which I am.
PROCEEDINGS
THE COURT: So today we're playing follow the
leader by Mr. -
MR. GREENWALD: Mr. Dorfman is the primary
attorney.
THE COURT: Mr. Parisi, I know what your role is.
Let's go in the back.
(Off-the-record discussion held in chambers among
the Court and Counsel.)
(In Open Court:)
THE COURT: Have a seat. Let the record reflect
that an off-the-record conference was held with counsel
outside the courtroom.
It has been represented, and I believe that I can
state with a certain degree of surety, that certain
families have moved into the condominium complex
without the knowledge of the defendant or the
plaintiff. And this has caused an issue.
Mr. Parisi is hereby empowered --But I would like
an application so that I'm clear of the powers you are
seeking, but is going to be authorized by me, including
but not limited to the retaining of an investigator of
his choosing, so as to make appropriate and legitimate
inquiry into the purported people who have come in. We
have also discussed numbers, if the parties deem it
appropriate, to resolve it.
PROCEEDINGS
Mr. Dorfman, you have indicated to me what your
authority is over costs. Okay. Mr. Rosenwasser, if
you are so inclined, I need a demonstration of proof of
what the cost is.
And I also attempted to see where we could meet
over costs between your representation and a number
that I spoke to with Mr. Rosenwasser, which I will say
that I do not have authority to say that I haven't.
But I believe that it may prompt an inquiry. It may
prompt a discussion. I do not know.
I have said on numerous occasions to both
Lexington, who is the plaintiff in one case, and
Bakertown and the various defendants in one case and
then let's just flip the caption and we have the other
case. I did not know what is truly going on between
all of the allegations which are presently before me, I
don't have an opinion, I'm not there, I am purely the
presiding justice over the matter. I'm not an advocate
for Bakertown, I'm not an advocate for Lexington.
But all I can say is that while I have expressed
to all of the parties that if I am compelled to try
this case, the condominium properties could go to
Mr. Sofer. He could be the bank. If I find that this
is an appropriate exercise of my discretion, based upon
the proof elicited, which is I'm sure something that
PROCEEDINGS
Bakertown does not want to happen.
On the other hand, there may have been some
agreement. I don't know. But I will say that these
allegations are rising to the point where this may not
be just a judicial issue. There may be an inquiry from
an authority higher than me. And I will tell you that
if that happens that everybody is going to lose
everything because you will not have a Receiver in
there, you will have a governmental entity seizing it
all. And at that point in time, everybody loses.
The Receiver is empowered to take whatever steps
he deems appropriate under my discretion, mine and
Article 36, and as an officer of the court, to do what
he has to do to effectuate his job. Mr. Parisi?
MR. PARISI: I assume when you say "as an officer
of the court", if my investigator finds anything that
should be turned over to any appropriate authority,
that the appropriate authority be notified?
THE COURT: That is correct.
MR. GREENWALD: Your Honor, in regard to you
indicated that Mr. Rosenwasser has to supply, I assume
that to be all of us, about the costs?
THE COURT: Here's the deal. Sit down.
MR. GREENWALD: All I want to know if we're going
to get it and when.
PROCEEDINGS
MR. ROSENWASSER: That's not what the judge said.
THE COURT: Here's the deal. Let me make it very,
very simple. Mr. Sofer purportedly paid X for these
mortgages.
MR. ROSENWASSER: Lexington Funding did.
THE COURT: Lexington.
MR. ROSENWASSER: Sofer paid nothing.
THE COURT: Whatever it is. I'm being generic.
MR. ROSENWASSER: Okay.
THE COURT: My reference to Mr. Sofer does not
change the caption.
MR. ROSENWASSER: I understand, Judge.
THE COURT: Or the legalties or responsibilities
of a party. Okay? Are we clear?
MR. ROSENWASSER: We're clear, Judge.
THE COURT: Good. I want to know how much was
paid to, was it Key Bank?
MR. GREENWALD: Yes.
THE COURT: For those mortgages. Whatever it is
that is now binding -
MR. DORFMAN: Bakersfield.
THE COURT: Bakersfield. I want to know what the
net cost. Forget the credits. Get rid of them. To
the extent there were any. I want to know the net
costs. The offer to your client, Mr. Rosenwasser, is
PROCEEDINGS
an amount certain over the net costs. They want to
know what the net cost was, which I think is a
reasonable request. My request and inquiry is when do
you think you could make that discovery?
MR. ROSENWASSER: Your Honor, what I heard your
Honor say is if we are so inclined. If I could, I did
not come here today prepared -
THE COURT: I know you didn't.
MR. ROSENWASSER: --to think there was going to
be even a semblance of settlement discussions.
THE COURT: It is nothing different than a
discussion we had previously.
MR. ROSENWASSER: That's correct, that's true.
Which was rejected out of hand.
THE COURT: I understand. But I have made certain
comments to you in front of the Receiver based upon
what Mr. Dorfman and Mr. Greenwald said to me, which I
relayed to you, and what I thought might be a credible
number that might be worthwhile for you to take to your
clients or your client in light of the exposure that
may be coming down the pike. And I'm not threatening
you, I'm not being arrogant, I am telling you that we
are now all going to do our job to the fullest extent
dictated to us by various laws, rules and statutes.
So in that light, whether you are free to discuss
PROCEEDINGS
settlement today or not is irrelevant. Because
settlement talks always pop up here and there. So it
popped up. And I would like to know, because it's
important for me, how long will it take you to
demonstrate what the net cost for the mortgages was.
MR. ROSENWASSER: Probably not that long. I'll
certainly relay to my client all the discussions I had
with his Honor in chambers.
THE COURT: I would appreciate it. How long?
MR. ROSENWASSER: If there is interest in pursuing
this line of inquiry, I will make the information
available to your Honor.
But this is not to be --We're not in a discovery
phase of this proceeding. As a matter of fact, all
discovery is stayed. In the spirit in which it was
intended and in an effort -
THE COURT: Tell your client strongly. Strongly.
MR. ROSENWASSER: You said it twice, Judge.
THE COURT: That is my substitute for emphasis
added. Recommend that these conversations ensue.
MR. DORFMAN: Your Honor?
MR. ROSENWASSER: I'll certainly pass that on. If
I can comment just briefly on the purpose that I
thought we were here. The letter from Mr. Dorfman on
behalf of his client directed, seemed to imply, if not
PROCEEDINGS
expressly state, that they wanted Mr. Parisi to take
all steps to remove these people.
MR. DORFMAN: Your Honor -
THE COURT: I have your letter, Mr. Dorfman.
MR. DORFMAN: Let me --Could I just explain? He
makes statements on the record, they get transcribed,
then it gets sent around the community.
THE COURT: I know they do.
MR. DORFMAN: So what he is saying is not what I
said in the letter.
MR. ROSENWASSER: Apparently, your letter is
around the community. It is not a secret.
THE COURT: Things get around the community before
they even leave the courtroom.
MR. ROSENWASSER: Before they leave my mouth.
Before the words leave my mouth.
THE COURT: I doubt it happens that quickly,
Mr. Rosenwasser. But right now Mr. Parisi has my
orders.
MR. ROSENWASSER: I understand.
THE COURT: And Mr. Parisi will carry out my
orders to the fullest extent that he deems appropriate
in all capacities of the hats that he wears, whether it
is an officer of the court, whether it is a Receiver,
or anything else. And I strongly recommend that these
PROCEEDINGS
parties come to the table, whether it is with you or
without you, and start talking "mentchluch" (Phonetic
spelling). Because I will tell you that once people
and other agencies start coming in at Mr. Parisi's
request, then it out of my control.
MR. ROSENWASSER: Judge, I fully understand
that.
THE COURT: And I suggest that everybody speaks to
their clients so that maybe everybody is in a position
to maintain what they have and try something else
another day.
MR. ROSENWASSER: I understand.
THE COURT: This is not going to be the one.
MR. ROSENWASSER: We welcome Mr. Parisi's full
exercise of his power and authority. We welcome it.
THE COURT: Anything else?
MR. GREENWALD: My colleague, your Honor,
indicated that discovery is stayed. The Court has the
power to do technically what it chooses to do in a
civil case, it is not a criminal case. We have
situations such as in the previous life that my
colleague, Mr. Rosenwasser, opined that he wasn't even
sure who were the representatives Of Lexington.
Today you've made an order, as I understand it,
that the Court be supplied with what the bottom line
PROCEEDINGS
was by the mortgage. We want to know about that.
Technically, your Honor, I have no clue in this type of
case why we shouldn't know about it. I don't
understand any prejudice. The Court has the power.
understand the summary judgment motion, I know its
impact.
What we're saying is we can move this. It is not
because the language that my colleague discussed, if
they feel comfortable, if they --the answer is we're
never going to see that. We're dealing with
practicality. We're asking for an order for us to be
supplied. There is no reason on the planet that we're
not entitled to that information. It is not
questionable discovery.
Assuming you deny summary judgment, we would like
it now. It may lend itself to further discussion and
not be a one-way street where we are blind.
THE COURT: I'll take it as an ex parte decision
and disseminate it as I deem appropriate.
MR. GREENWALD: Thank you.
THE COURT: Anything else?
MR. GREENWALD: The only thing that wasn't
answered, when does he have to get it to you?
MR. ROSENWASSER: Judge, I'm not taking this as a
direct order from your Honor to produce it for you. If
PROCEEDINGS
we are inclined to pursue settlement discussions, we'll
make it available to facilitate the discussions. I am
not going to be backdoored to provide a piece of
information which they may not be entitled to.
THE COURT: I want to know in one week if your
client is willing to discuss settlement.
MR. ROSENWASSER: I'll advise you in less.
THE COURT: If your client is not willing to
discuss it in numbers that I suggested, it will fall
under the discovery process.
MR. ROSENWASSER: Thank you, Judge. We'll let the
Court know very quickly.
THE COURT: Everybody except for us knows the real
number, I know that.
MR. GREENWALD: That's true.
THE COURT: Everybody involved in this case knows
the number.
MR. GREENWALD: Our side doesn't.
MR. DORFMAN: We don't.
THE COURT: You don't?
MR. DORFMAN: My clients don't either.
THE COURT: We'll see what happens.
MR. DORFMAN: Fine.
THE COURT: But I will tell you, and take this as
a warning, that when Mr. Parisi continues to act in his
PROCEEDINGS
capacity, then I will tell you all assistance that I am
going to give you in trying to resolve this matter will
not be stoppable.
I am giving everybody the opportunity to resolve
this matter like men. And I don't mean to exclude
women but, there are no women in this deal, so I will
say like men. But I am telling you, I am trying to
assist you and trying to be intelligent about it and be
reasonable, though reasonable minds can disagree. But
if other entities besides the judiciary investigate,
inquire, or participate, then you have tied my hands
and you will be bound by whatever happens. And it
could be a disaster for all parties involved.
Please relay that to your clients while the Court
is still in a position to be an effective and assistive
arbiter.
MR. DORFMAN: Thank you.
MR. PARISI: Your Honor, I have a procedural
question. Should the application be by summary
judgment, notice of motion, or letter?
THE COURT: Notice of motion.
All directives placed on the record this date will
constitute the decision and the order of the Court and
will hereby be deemed so ordered without the necessity
for signature.
PROCEEDINGS
Cost of the tran is directed to be borne
equally amongst all the parties, subject to any
reallocation determined by the Court or by stipulation
of the parties, with a copy to be provided to the
Court.
MR. PARISI: Thank you, your Honor.
*****
REPORTER'S CERTIFICATION
I hereby certify that the foregoing is a true
and accurate tranion of the stenographic
proceedings in the above-entitled matter.
Yuvondra Everett Fantroy, RPR
Senior Court Reporter
