Kochan v Prumbs – Court Refuse to Reference or Quote any Pleadings of its Victim

The most controversial was the ‘interpretation’ of the June 6, 2019 transcript in which Sally Broad ESQ, attorney for Defendant Olean General Hospital, Cindy Wickstrom RN and Upper Allegheny Health System Inc. (now owed by Kaleida Health), alleged that the court limited Plaintiff to only two addition causes of action(s) in his amended complaint. Sally Broad ESQ is the same individual who introduced illegally acquired evidence in a federal lawsuit against former Ellicottville Police Department Officer Matthew Albanese and it appears former Cattaraugus County Sheriff Deputy Bryan H Schwabenbauer (who has a history of roughing up citizens).

The Court failed to cite ANY specific locations within the victims documents as example, why? Because they did not have any…The court alleged were in violation of CPLR § 3013-3016 or CPLR § 3211 (a)(7) (Failure to state a claim upon which relief can be granted). Furthermore, the court failed to cite any alleged statements made by the victim that was a “personal attack against Defendants”, or harassing in nature. The victim was up against eighteen licensed attorneys and/or their assistants and five court personal, 23 against 1, which required a lot of time and research to respond to. The responses, besides the numerous hours spent crafting them, was in the form of a total of approximately 214 e-mails from all parties, 87 sent by the victim, 91 sent by defendants representatives and 36 by court personal.

This failure to reference and/or quote ANY specific locations within the complaint(s), or any of the other documents/responses filed in the courts December 5, 2019 order appeared to be a departure from other courts in which they reference the alleged violations and/or reference specific locations and/or construction of the documents in question;

“In his verified amended complaint, dated November 9, 2017 (VAC) (NYSCEF Doc No 9), Pinci alleges that, in or around 1994, he and Monaco agreed that they would buy the Premises together (see VAC, ¶¶ 5-6). Pursuant to their agreement (Agreement), which the parties never reduced to a writing, Pinci would receive “a one-half ownership interest in the Premises” in return for his contribution of an unspecified amount of money toward its purchase price (id., ¶ 7).” Pinci v. Monaco, 654749/2017, at *1 (N.Y. Sup. Ct. 2018), see also; Madden v. Creative Servs, 84 N.Y.2d 738, 743 (N.Y. 1995); Morone v. Morone, 50 N.Y.2d 481, 485 n.1 (N.Y. 1980); Rovello v. Orofino Realty Co., 40 N.Y.2d 633, 637 (N.Y. 1976); McGivney v. Union Tpk. Rest. LLC, Index No. 10544/2011, at *3-4 (N.Y. Sup. Ct. 2012); M.W. v. Candelario, INDEX NO. 805288/2014, at *13 (N.Y. Sup. Ct. 2019)

Candid opinions help the litigants and the public understand the judicial process and reason for outcomes. This will allow them to decide for themselves whether or not judges are doing their jobs properly (Nancy A. Wanderer, Writing Better Opinions: Communicating With Candor, Clarity, and Style, 54 Me. L. Rev. 47, 49 (2002)). Furthermore, while the specific citational issue of Defendant PRUMBS voluminous Motion to Dismiss (250+ pages) was address in the victims prior filed and served documents, again, the court overlooked or misapprehended the fact that Defendant OGH did not reference one specific single item in their voluminous Motion to Dismiss (11 Park Place LLC v. ASAP Documents, Inc., LT-074283/18 (N.Y. Civ. Ct. 2019) citing U.S. v Dunkel, 927 F2d 955, 956).

As you can see the corrupt Cattaraugus County Supreme Court would have none of that.

While the images below are taken during the event and include the medical records of the event. Parts are redacted of course. They clearly show the injury and the resulting cover-up, which included the fraudulent claim that the victim had walked in, video evidence exists, which the court as well as the defendants have in their possession, where you can hear on scene medical personal describing the victims head injury to the emergency room staff.  Other more detailed photographs exist of the blood that had streamed out of the victims ear which they are also in possession of. 

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