DASNY UPDATE

What Will The Honorable Ira Grammerman DO?

Update from The Vanderbilt Group v The New York State Dormitory Authority (DASNY)

Well once again the high powered law firm, Akin Gump Strauss Hauer & Feld LLP, DASNY is paying millions to in legal fees, to cover-up their crimes, is trying to manipulate the legal system to their advantage.

Akin Gump Strauss Hauer & Feld LLP has been sending a flurry of letters to the court, which can only be defined as desperate attempts to try to adjourn the trial scheduled for June 14, 2010

Apparently, Akin Gump Strauss Hauer & Feld LLP, believes they are above the law and can dictate to New York State Judges how they are to order procedure. The latest letter issued by Akin Gump Strauss Hauer & Feld LLP’s Thomas Mclish, arrogantly informs the court that they have “advised” their clients to “ignore” the subpoenas “SO ORDERED” and issued by New York State Supreme Court Justice, Richard Lowe III.

Thomas Mclish, to the outside observer, seems to be terrified to go to trial, since he has been making every excuse under the sun to avoid the last four scheduled. Apparently, Columbia Law School must rank VERY LOW on the charts for preparing their graduates to argue a case before a jury, unless of course the judge can be influenced by the firm the Columbia Law Grad works for.

This has been abundantly clear in the decisions that have been made on this case over the last decade. Robert Del Col, a Hofstra Law Grad, has consistently beaten Thomas Mclish on every single issue raised, when the arguments were heard under fair circumstances. The most notable the Appeals Court decision returning the case back to trial after Supreme Court Justice Richard Lowe III., for no known reason, granted initial Summary Judgment to Akin Gump Strauss Hauer & Feld LLP, who represents DASNY in this case.

It is speculated that the biggest reason Akin Gump Strauss Hauer & Feld LLP, wants to avoid this initial trial against The Vanderbilt Group and has demanded to know who the judge will be in advance is because, the decision needed for the first trial has already been made.

Akin Gump Strauss Hauer & Feld LLP, was successful in "explaining" to Judge Richard Lowe III that he should grant them, yet another attempt to try to convince a jury that DASNY was not aware of the, alleged inaccurate information placed in a brochure. Information that was not even used to make the decision to enter into a contract with The Vanderbilt Group.

In fact, in no less than two trials, it was already determined and evidence has already been submitted that confirms that DASNY was well aware of the information through several letters issued by a competitor’s attorney. This was further memorialized when DASNY requested the services of the New York State Inspector Generals Office, a step NOT taken in almost any instance, unless the allegations are known and specific. Finally, the knowledge was additionally confirmed through sworn testimony by the very DASNY employees who Akin Gump Strauss Hauer & Feld LLP, is now defending, which may very well be the reason Thomas Mclish is now instructing those witnesses to violate a court ordered subpoena.

Finally, Frank Stubbolo, one of The Vanderbilt Group’s principals, was unanimously found not guilty of these allegations and his brother Ken, out of a job and going through a divorce, was forced to include a guilty plea to a misdemeanor as part of a plea agreement for some of his personal tax problems, which occurred nearly a decade before The Vanderbilt Group was even formed.

These glaring facts are the reason Thomas Mclish is do terrified to go before a new Judge, without the opportunity to find out if they can get to that judge.

THERE IS NO REASON FOR THIS PART OF THE TRIAL.

It has been determined that DASNY knew about the issue and any fair minded Judge would not allow this part of the case to go to trial. It is a waste of the taxpayer’s money and the courts time. Akin Gump Strauss Hauer & Feld LLP and especially Thomas Mclish know this.

In this case The Honorable Ira Grammerman [JHO] [Commercial Division; Administrative Coordinating Judge, should review the court documents and raise the question why this “special” trail was even permitted to proceed, there is no way that DASNY or Thomas Mclish or Akin Gump Strauss Hauer & Feld LLP, can LEGALLY or FAIRLY convey any piece of evidence or testimony that would prove otherwise. It is still a mystery to The Vanderbilt Group and their Attorney, Robert Del Col, as to why New York State Supreme Court Justice, Richard B. Lowe III even allowed this argument to be made, ESPECIALLY when he was overturned by the Appeals Court based on the exact same argument made by Akin Gump Strauss Hauer & Feld LLP and Thomas Mclish.

Let us see how the court reacts and if Thomas Mclish and Akin Gump Strauss Hauer & Feld LLP’s, so called “argument” holds up in front of a Judge that can not be influenced by Akin Gump Strauss Hauer & Feld LLP

To Be Continued……