We had our own battle with covid in March and April with the covid fog lingering, sadly, even until now..
As the fog lifts, with help from Spock,
we try to understand the apparently stacked deck against the Brooklyn Lyceum.
In the end it became clear that the abundantly wrong decision against the Brooklyn Lyceum actually
made another issue shockingly clear in that it was irrelevant before the abject appellate decision, but front and center post abject appellate decsision.
so we can run with that decision as
"the law of the case" whilst we fight the appellate court decision.
When, before,
there was a nuanced law (abandonement) that would have reset the clock back to no case at all ...
we now have
a straightforward set of procedural due process violations a 5th grader could see
these issues, at a minimum ... reset the case back to
March, 2011, almost 4 years prior to the sale of the Brooklyn Lyceum.
For starters:
failure to serve atty the notice of Motion for a Judgment of Foreclosure and Sale
Then, That notice was in and of itself
facially and fatally flawed for a couple of reasons:
First it notices
People to appear a decade in the past, to a time before when the complaint even existed.
Second, it fails
the requirement that the notice state the statute under which all are being noticed provides for the relief requested (judgment of foreclosure and sale)
These are simple issues are akin to ...
shooting fish in a barrel -or-
like drawing to an inside royal flush!