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Robert Dillard Jones v. Naziemul Safi

November 10, 2011


The opinion of the court was delivered by: Seybert, District Judge:


Robert Dillard Jones ("Plaintiff") commenced this action pro se on May 27, 2010 against Larry Farber, Todd Farber (collectively the "Farbers"), Naziemul Safi, 1418-1422 Putnam Avenue Corp., Orange Realty Corp., Gaynor & Gaynor, Esq., Josh Sapodines, Esq., Lazarowitz & Manganillo, P.C., Debcon Financial Services, Inc. ("Debcon"), Kings County, Suffolk County, City of New York Agencies, and State of New York Agencies (collectively "Defendants"). On February 14, 2011, this Court dismissed the claims against the City of New York Agencies and the State of New York Agencies ("City and State Agencies").

Presently pending before the Court are: (1) Plain-tiff's motion for reconsideration of the Court's February 14, 2011 Memorandum and Decision (Docket Entry 18); (2) Plaintiff's motions to amend his Complaint (Docket Entries 18, 19); (3) Plaintiff's motion for joinder of an additional claim under Rule 18 (Docket Entry 20); and (4) Plaintiff's motions for joinder of parties (Docket Entries 20, 24).

For the reasons that follow, Plaintiff's motions are DENIED.


I. Mortgage Fraud Scheme

In 1996, Plaintiff owned two properties: one located at 614 Wilson Avenue and the other located at 586 Wilson Avenue, in Brooklyn, New York (the "Properties"). (Compl. 4.) That same year, Plaintiff contracted to sell the Properties the to Farbers, the owners and officers of Defendant Orange Realty Corp., also known as Defendant 1418-1422 Putnam Avenue Corp. Plaintiff informed his attorney for the transaction, Defendant Lazarowitz & Manganillo, P.C., that he would accept only cash or certified check in the amount of $61,500.00 for each of the Properties. (Compl. 4.)

The Farbers, however, never intended to pay cash for the Properties; rather, according to Plaintiff, they were acting with Debcon in a conspiracy to defraud him. (Am. Comp., Docket Entry 19, ¶ 8.) To purchase 586 Wilson Avenue, Debcon and Steven LaSala, Debcon's representative and principal owner, provided the Farbers with a "fraudulent non existing loan" for $90,000. (Am. Compl. ¶ 8; Pl. Joinder Aff., May 20, 2011, ¶¶ 1-2.) The Farbers then provided a promissory note to Plaintiff, backed by the "fraudulent non existing loan" in exchange for the Property. (Compl. 5; Am. Compl. ¶ 8.) To purchase 614 Wilson Avenue, the Farbers provided Plaintiff with a promissory note backed by collateral in the form of property owned by Chandra Samaroo. Thereafter, the Farbers "unlawfully collected rents" and used the "unlawful seized" Properties as collateral to secure loans. (Pl. Aff., Mar. 31, 2011, ¶ 7.)

The Farbers subsequently defaulted on the notes to Plaintiff and the "loan" with Debcon, and in February 1997 the Properties were "turned over to the first mortgagee [Debcon Financial Services, Inc.] for less than the value of the properties [flipping]." (Compl. 5-6 (alterations in original); see also Am. Compl. ¶ 10.) Plaintiff asserts that Debcon together with Rosa Sawyer "hold[] superior mortgage on said

[P]roperties." (Pl. Joinder Aff., Apr. 11, 2011, ¶ 4.)

Also allegedly complicit in this mortgage fraud scheme are Defendants Gaynor & Gaynor, Esq. and Josh Sapodines, Esq., the attorneys who participated in the closing proceedings on the Properties on behalf of the Farbers (Am. Compl. ¶¶ 24-25) and Defendants Lazarowitz and Manganillo, P.C., Plaintiff's attorneys who falsely assured Plaintiff that the Farbers had sufficient capital to purchase the Properties (Am. Compl. ¶¶ 12-13).

II. Foreclosure Proceedings

The Properties were subsequently sold at foreclosure proceedings instituted by Debcon--586 Wilson Avenue to an unidentified purchaser and 614 Wilson Avenue to Defendant Naziemul Safi. (Am. Compl. ¶¶ 3, 26.) Plaintiff asserts that these sales are invalid because (1) the assigned referees for both sales were aware of the ongoing fraud and of Plaintiff's purported interest in the Properties, yet allowed the proceedings to continue anyway (Am. Compl. ¶ 3), and (2) the dismissed Defendants, the City and State Agencies, denied Plaintiff due process by foreclosing on the Properties without investigating his complaints regarding the mortgage fraud scheme (Am. Compl. ¶¶ 31-33).

III. State Court Action

On September 5, 2006, Plaintiff filed suit in New York State Supreme Court, Kings County (Index No. 30234/06), asserting the following causes of action: (1) mortgage fraud and racketeering against Naziemul Safi, 1418-1422 Putman Avenue Corp., the Farbers, Gaynor & Gaynor, Esq., Josh Sapodines, Esq., Lazarowitz & Maganillo, P.C., Debcon, Kings County and Suffolk County; (2) gross negligence and racial discrimination against the City and State Agencies; and (3) legal malpractice against Lazarowitz & Manganillo, P.C. The action was dismissed on June 8, 2007 as time-barred. (City of N.Y. Mot. to Dismiss, Docket Entry 9, Ex. F.) The dismissal was affirmed by the Appellate Division, Second Department, Jones v. Safi, 58 A.D.3d 603, 871 N.Y.S.2d 647 (2d Dep't 2009), leave to appeal to the Court of ...

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