Brooklyn Beatdown | Judge Schack Dismissal w/ Prejudice “Counsel for plaintiff is directed never to place such a foolish statement in a cover letter to this Court”

This is another great Schack decision.  This case is a tax foreclosure where the plaintiff decided it wanted to withdraw one of its motions.  In so doing, it sent Justice Shack a cover letter that included the stateement “THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE — USED FOR THAT PURPOSE.”   Read below what Justice Shack thought of that little threat:

Then, on May 23, 2011, plaintiff’s counsel faxed to me a “second request” to withdraw [*2]the instant motion for a judgment of foreclosure and sale. Again, no reason for the request was articulated. Further, at the bottom of the May 23, 2011-letter to me, it states “THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE — USED FOR THAT PURPOSE.” Since this statement is in a cover letter addressed to me and does not appear to be preprinted on the letterhead of the Phillips Lytle firm, the Court would like to know what debt I personally owe to the Phillips Lytle firm or THE TRUST. This statement borders upon frivolous conduct, in violation of 22 NYCRR § 130-1.1. Was it made to cause annoyance or alarm to the Court? Was it made to waste judicial resources? Rather than answer the above rhetorical questions, counsel for plaintiff is directed never to place such a foolish statement in a cover letter to this Court. If this occurs again, the firm of Phillips Lytle LLP is on notice that this Court will have the firm appear to explain why the firm should not be sanctioned for frivolous conduct.

Bottom line on this case is the fact that apparently Justice Schack did not take too kindly to being threatened and dismissed this tax foreclosure case with prejudice.

Order below…


h/t Alina


NYCTL 2005-A Trust and BoNY v. Arias

19 Responses to “Brooklyn Beatdown | Judge Schack Dismissal w/ Prejudice “Counsel for plaintiff is directed never to place such a foolish statement in a cover letter to this Court””
  1. Fury says:

    judge schack is a hero!

    he’s in brooklyn.
    defrauded homeowners in the borough of manhattan
    need rulings like his.

    equal justice for all.

    justice should not be determined by what subway train you ride.

    • incognito123 says:

      Or what county you live in, my county is part of the worst circuit in Florida, yet just across the county line, is one of the best circuits in the state. Them’s the breaks.

      • Fury says:

        it is truly shocking what has been happening in florida.
        we have friends there.

        the whole state has been decimated by the crooked process down there,.

        the housing market has been destroyed.i don’t think it will recover in our lifetime.

        BP is another culprit. their spill has destrpyed the gulf of mexico — the wildlife, the ocean, family businesses.

        acoountability and restitution. this must happen for our country to move forward.

  2. I have been under the understanding that the NEW YORK courts are TOUGH. Let’s just WATCH!

  3. CoCo says:

    Some judges take their professions seriously. He is tired of the mockery and fraud upon the court. This shows just how much attention these law firms pay to what they are doing. Almost no time is put into these filings. They have blanket forms for every motion that they file. Looks like they have blanket cover letters, too.

  4. Meg says:

    I have heard of Judge Schack before and it is refreshing to see a Judge who is actually doing the right thing. I will not pat him on the back for it, because the plaintiff would win their case’s if they had everything in order and were not admitting fraudulent documents to the courts. Judge Schack is upholding the oath he took when he accepted the position.

    It seems that the blatant disregard in our court rooms is being ignored with arrogance & impunity. Some Judges take the “Judicial Oath of Office” seriously.

    You know the one that says: “I, ________, do solemnly swear (or affirm) that I will administer justice

    without respect to persons, and do equal right to the poor and to the

    rich, and that I will faithfully and impartially discharge and perform

    all the duties incumbent upon me as ________ under the Constitution and

    laws of the United States. So help me God.”

  5. housemanrob says:

    Does everbody think that the fla judges are not smart? I hate to say it but it looks like an honesty, integrity issue to me.

    • lies all of it says:

      AMEN, actually i think the banks / lawyers pay them to side with the banks, i actually am not going to call it a bribe. actually its jsut a payday. remember all these judges in florida have large mortgages to pay just like us. maybe they dont make enough on the bench so they have play with the devil. look at the s. florida judge that left the bench for the plantif lawyer. all his cases he has presided over should be discarded and started over. i can not beleive this has been aloud . you knoe how when a judge does not like something they call it “contempt” of court well this is contempt on the judge. how does the bar allow this. i guess everything that is going on is against my common sense.

    • incognito123 says:

      Oh houseman, they are smart – that is not the issue. They KNOW what they are doing, they know all too well. Honesty and Integrity DO NOT exist in most of the Florida Judges.

  6. Fury says:

    judge schack is at the vanguard,
    he gets IT;
    the monumental fraud that has been committed against innocent homeowners,

    i wish other judges would behave and rule like he does.

  7. Alexandria Monge says:

    Boy…Wouldn’t it be great to have this judge working here in Florida. He should be an example set here for the judicial system, who tries to through in a little dirt and cover up the mistakes on behalf of the mortgage servicers instead of standing firm like this one does and looking out not only for all those judicial resources just being wasted and which at the end we most likely end up payingm, but for the people. It seems to me this judge does have a passion for his job and like the ones here in Florida that simple play blind sighted.

  8. l vent says:

    There are some honest judges who deserved the title, Honorable, Judge Schack is one of them.

    • Meg says:

      If there was a like button, I would have given you a thumbs up. It is a shame to have to say that.

  9. Lit Gant says:

    And in all of Florida we have no judge like this? Is there something in the water here in Florida. Is it all in what comes in those plain envelopes and slid under the hotel doors that looks like a check-out receipt?

    I think this NY Judge should be hired to come to Florida and teach the judges here how to be real judges.

    • lies all of it says:

      i am with i have been saying that from the beginging i can sense it but someone once told me to prove and the next day was a post on the hamlet about a judge being bribed. if everyone on here is from flroida complaining about our judges there must be something up. rick scot hellooooo pam bondi helloooooooo man no one hears us

    • incognito123 says:

      Lit, NOT true, although certainly not very many!!!! WHAT do we need to do to get Schack down here to FL is what I want to know!!!!!!! Like 1vent say, he has EARNED the title of “Your Honor” and he is one of few in the country. I don’t want to name specific Judges in FL, but you can count them on one maybe two hands at the most – that take their oath of office seriously and know what is going on and want to put a stop to it! Certainly NONE in the 20th Judicial Circuit, and I have watched many courts from Polk county down to Lee County, and I only saw one judge that followed the law completely, and he was the Chief Circuit Judge of 12th Circuit. I about fell over when I observed him, and what was most amazing, was the attorney (bank of course) reaction to everything he threw out there, and the response he got from the judge. It was so, and I mean so obvious he didn’t know what to say or how to react as he was not used to encountering a judge following the law. Not saying he or his judges below him are perfect, but they are making a strong attempt to follow the law, just so amazing that the 12th is one of the best in the state, and ‘next door’ just south of there is the 20th, the worst in the state. Ugh. And I just have to have my property below that line.

  10. Pamela says:

    Once again calling it like he sees it.We sooo need more judges like him,he has the common sense factor that is not being displayed by most judges as they are so bought and paid for schills.They are not interested in up holding the law only thier pay offs.Can we just get him to go state to state and do this?Or can he teach a class for the rest of the judges so they can start to get it and what thier job truly is?Thatwould be amazing!!!

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