Jared Covit's Friviolous cause of action #5 and 6 dismissed...

My password app is warning me with a required override that I've used 'similar passwords too much'. For now, I'm satisfied just making the step and over-riding it, but at some point I'll need to get in there and mix it up a bit.

Another day closer to selling 2 more homes. Great homes - an American Four-square, and an American Ranch, in Olivebridge. That'll be a $9m project - the numbers in the profit and loss terrain really aren't that impressive, but a percentage of a number gets bigger as the number gets bigger. Actually, the percentage stays the same but the number gets bigger on bigger projects. Ok, like duh. But anyways, especially since I was using all cash, the liquidity is new if nothing else the investment cycle begins to return on the investment - of time and money, and attention.

Listen, the word for my blog, in the world of google search, is authority. I'm an authority - using their dense and complex and ever-evolving algorithm, they believe this blog should be weighted heavily in the topics I cover. It's no small feat - being recognized by a world-domineering tech company as being relevant and an authority about which you speak.

There are lots of things we do daily that are pretty one-off, meaning I'm not seeing a lot of copycat hurdlers - developing, designing, building and then selling a home, for decades. That's pretty much non-existent.

The pension and profit sharing programs we offer are unheard of in small businesses.

The benefits, holidays, work environment, year round stability as an employer

Running 18 jobs across 3 counties with 3 people in the office.

There's a lot more we do that when you get a little distance from it, you see it shine and shine brightly.

I mention the google thing cause our current topic du jour, Jared Covit, is now the proud host - position 1 and 2 - of our posts about the meritless lawsuits he pursued.

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When Martin Shell, Esq and I guess proprietor of Martin Shell Law Firm- a firm so advanced it doesn’t seem to have a website - writes my attorney in the Jared Covit and Lauren Rich case that I should remove the picture of Jared Covit I found on that thing called the internet and copy and pasted it to my blog, that I was to remove it immediately because it was an unauthorized use of his image, and that I should be ‘advised accordingly’, I’m wondering if he got that legal threat from the same playbook that resulted in 5 of his 6 bullshit causes of actions against me and Catskill Farms - claims so frivolous it seemed like the judge was trying to conserve ink while dismissing them, and playing a game of how few words the Honor could use while disposing of the weak arguments offered up as serious legal doctrine.

I’m no Oliver Wendell Holmes, but you got to understand, that to have 5 causes of actions dismissed, a Court not allowing them to move forward at all, those causes of actions must be so meritless, and so lacking in legal basis and precedent, that the Court decides they don’t have to hear more, without hearing much at all.

Only in the insular footsie world of the law would you be allowed to file a bunch of bullshit lawsuits and have no fear of repercussions.  Wouldn’t it be more fair, that if your claims can’t even pass the most liberal interpretation of the statute, that given all the benefits of the legal doubts, the claims still don’t hold up, wouldn’t we all agree that there should be some consequence to that - say the lawyer being brought up on ethics charges, or the failed plaintiff having to pay the legal fees of the wronged party? Doesn’t that make sense, to us non-lawyers?  Sure, that would reduce the income of many a lawyer, as they had to be more careful and thoughtful, and I guess maybe that’s what they are talking about when you hear about trial lawyer reform, and how their lobbying body always blocks efforts to make wrongfully suing people harder.

So I asked my attorney to forward me some information on this legal doctrine of Martin Shell, this doctrine of unauthorized use of an internet photograph.  I’m actually very interested in learning more about this legal theory from this grand legal mind, and I'm not being sarcastic - . 

The Court seemed weary by the end of the ruling and clumps cause of Action 5 and 6 together, dismissing them both with a rationed use of words. We, for the benefit of our google relevancy testing (though Jared Covit's internet irrelevance plays a part too), will tease them apart and review them independently.

Getting right to the point, the Court opens with ...

"The Defendants' motion to dismiss the Plaintiffs' 5th and 6th causes of action based in the application of General Business Laut 349 is granted." One could wonder if the court was sensing a general trend in the legal merits of the lawsuit as it picked up dismissal momentum.

“The Plaintiffs' complaint, viewed as a whole, principally alleges that the Defendants breached a contract entered into by the parties that called for the Defendants to erect and complete a home according to the layout and specifications set forth in the parties' contract, and for the Plaintiffs, in tum, to purchase the home and the property. Consequently, the instant action is a private contract action, unique to the parties, that accordingly falls outside the ambit of GBL 349. As such, the Plaintiffs have failed to demonstrate that the Defendants' conduct was consumer-oriented, as opposed to a private conduct, or that the Defendants engaged in a deceptive practice, as opposed to allegedly breaching the terms of the parties' contact. As such,the Defendants' motion to dismiss as to the Plaintiffs' 5th and 6th causes of action is granted pursuant to CPLR 3211 (a)(1) and (7).”

Basically, it seems the theory behind all of this is because Jared Covit feels wronged, the entire world has been wronged - that because he feels my dealings with him (that has netted him $300k+ in paper profit) were mean, that the whole world feels that way - that somehow our dispute between two parties somehow reflects my dealings, period, and that I’m engaged on some sort of day to day fraudulent behavior.

Now, you have to walk a mile in my shoes over the last 25 years and $300m in community investment and untold tens of millions in profits made from reselling my homes to understand the scale of the insult to accuse me of being a fraud, and perpetrating a scheme to harm people I have spent half my life housing and bringing joy to their families, over a cumulative spans 150 years of families living safely in my homes. I'm ok with an honest business dispute. This ain't that. This is a temper tantrum, with defaming characteristics at the heart.