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James H. Brady v. Barbara Underwood, Attorney General of New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3122 · judgment March 1, 2018


Certiorari denied · October 9, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Petitioner went to Federal Court seeking a mandatory injunction to compel New York State Attorney General Eric Schneiderman to protect the Offering Plan contract description of Petitioner's Manhattan commercial co-op "12th Floor and Roof Unit" apartment as it was promised and described in the Amended Offering Plan registered in the Office of the Attorney General in 1980. This request for a mandatory injunction in Federal Court was necessary because the Attorney General refused to investigate or even take a report after Appellate Division, First Department judges and the Justices of the New York State Court of Appeals permitted a lower court judge to unlawfully rewrite Petitioner's Offering Plan contract and a higher Court decision in order to void the $70-90 million dollars worth of air rights the parties to the contract agreed were contractually appurtenant to Petitioner's apartment persuant to these pieces of material evidence. The District Court dismissed the complaint stating that Petitioner had no constitutional standing and the Court of Appeals affirmed rehearing and En Banc review was denied. Does the Fourteenth Amendment guarantee of equal protection under the law give Petitioner standing for the protection of his contract by the Attorney General after it was shown in black and white that every one of the 40 words of the contract that defined his rights were unlawfully replaced by a New York State Court judge with 70 different words that voided the $70-90 million dollars worth of air rights that were appurtenant and promised contractually to be appurtenant to his 12th Floor and Roof Unit Apartment?

Counsel of record

For petitioner
James H. Brady

For respondent
Steven Chiajon Wu
New York County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Aug 21 2018
    Waiver of right of respondent Barbara Underwood, Attorney General of New York to respond filed.
  4. Jul 24 2018
    Petition for a writ of certiorari filed. (Response due September 4, 2018)