Pavia v. Couri

(Sup. Ct. N.Y. Cty. 2/7/07)

We represented: Plaintiff Pavia

Hon. Joan A. Madden, J.S.C.

DECISION and ORDER Upon reconsideration and review of the uncertified medical records submitted by defendant James Couri ("Couri") and of this court's order on the record on February 6, 2007, and based on prior orders of this court, including but not limited to, orders dated January 30, 2007, January 19, 2007, and August 26, 2005, it is:

ORDERED that a hearing regarding plaintiffs' motion in limine regarding Department of Buildings ("DOB') violations and to rescind a temporary abatement of rent is adjourned to February 21, 2007 at 10:00 am at which DOB Deputy Commissioner Fatma Amer is to testify and plaintiffs are to notify her office of the hearing; and it is further

ORDERED that testimony of James Macron of the Environmental Control Board will follow that of Deputy Commissioner Amer, if necessary, and plaintiffs are to notify his office that his testimony, if needed, will follow that of Deputy Commissioner Amer; and it is further

ORDERED that Couri shall produce HIPPA compliant authorizations to plaintiffs by February 9, 2007 for the four physicians whose affirmations he has submitted and to provide proof of compliance by February 21, 2007, including copies of the authorizations provided with signatures by plaintiffs' attorneys or their authorized agents or representatives; and it is further

ORDERED that as Couri stated that he has an operation scheduled for February 27, 2007, and if he alleges that he is unavailable on February 21, 2007, due to medical issues, as previously ordered on January 30, 2007, Couri shall submit written questions to be asked at the hearing by Jon Paul Robbins, Esq., the attorney for Couri's wife, defendant Marlene Couri, or as otherwise directed by the court; and it is further

ORDERED that on or before the February 21, 2007 hearing Couri shall submit certified copies of medical record from the four physicians whose affirmations he has submitted, and as well as certified copies of medical records from Columbia Presbyterian Hospital regarding his hospitalizations and treatment in 2006 and 2007; and it is further

ORDERED that hearing to hold Couri in contempt for violation of this court's orders dated February 3, 2006, and December 18, 2006, prohibiting the parties or counsel from communicating with the court by telephone or facsimile except with the Clerk of Part 11 by telephone with respect to scheduling matters, is adjourned to February 21, 2007.

A copy of this order and the transcript of Couri's telephone caIl to chambers on December 20, 2006, which was placed on the record is being mailed to the parties/counsel by chambers.

In its order dated January 19, 2007, the court directed the Couri produce certified medical records for three physicians who had submitted affirmations as of that date (i.e. Moshe Rubin, MD, Jeffrey W. Moses, MD and Paulo A. Paciocci, MI), as well as certified medical records regarding Couri's hospitalizations in New York in 2006 and 2007 at a hearing scheduled for January 29, 2007. Couri failed to appear at the hearing and has not yet produced the certified medical records, although he has produced certain uncertified records.

Transcript of message from James Couri left on December 20, 2006

This is Mr. James Couri. I am calling to inquire as to why the court refuses to sign four legitimate subpoenas for parties to my litigation that was commenced in 2004, that was consolidated with my litigation commenced in 2003 that the court declined to allow me to have discovery on in the first place.

The whole thing has gone from the sublime to the ridiculous. I am leaving this message so that the court understands that I did not just fall off the turnip truck yesterday. There is something going on here that doesn't meet the eye. It is not only my view, but the view of the FBI and other law enforcement. Pavia is a known fixer. He's already got problems with the Department of Buildings, with the ECB court, with the HPD and other governmental agencies in connection with this case filing fraudulent documents, and the court wants to ignore this and has acted like a fine collection agency for the Pavias in allowing me to fork over money that once wasn't due when the court says I'm too sick to go to trial.

This is not going to go on. I am shocked at the court's unwillingness to create a level playing field but it is what it is. Money does strange things to strange people, but there is something fishy here and I'm getting to the bottom of it. And I am sorry that the court may not like what I am saying but if it walks like a duck and quacks, it is not an elephant. Everybody is watching this now and we'll see where it goes.