as the procedural due process legal swamp settles:
HELP US pre-program the return of a
PROCEDURAL DUE PROCESS DEPRIVED Brooklyn theater.
Schrodinger indeed!
This is what you get when court is determined to use existence of Defendant's attorney
as sword for Plaintiff without using it as shield for Defendant!
Appellate court DODGED addressing Plaintiff's statutory abandonment of case,
that abandonment being derived solely on the docket available to court at time of 1st motion,
a Docket created entirely by the Plaintiff who failed to inform court of opposing counsel.
In defiance of 5th grader math and basic logic and w/o preserving rights of Defendants
(Procedural Due Process: NOTICE and OPPORTUNITY TO BE HEARD), Appellate Court
illogically gave lower court a pass on violating jurisdiction, ruling w/o authority to rule.
It did so by finding 19 > 26 (not possible, let alone with record on appeal or full record)
& by finding Plaintiff whose appeal brief admits interaction with opposing counsel early and often
starting 16 months before initial motion while failing to serve that attorney 1st motion.
Appellate court, 4 judges w/140 years legal experience, clearly did such mishegoss to
avoid dealing with lower court's illegal re-animation of statutorily abandoned case.
That re-animation was by lower court's validation of its own initial decision,
judgment of default, premised on no Defendants' attorney,
in subsequent decision by same judge, case not abandoned at time of judgment of default,
premised on Defendants having an attorney.
If you think, like us, this is utterly ridiculous,
Help us as we take action to undo this situation.
NEXT: KNOWDOWN to prepare for Procedural Due Process THROWDOWN/SHOWDOWN!