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here is our counter suit. this is what we will file unless the case is dropped. short version first:
1 village shops inc, does not own the shopping center. (lease and lawsuit filed in that name).
makes contract void. the shopping center is in micky's name.
2 use of common area money to fund personal bills and property not related to the shopping center.
we suspected this years ago. we knew he was struggling with $$ and we kind of jokingly said "i bet he is using village shops to fund his other failing properties".
he had another large shopping center that was mostly empty. the bank ended up taking it from him but what i just learned is they gave him the village shops. perhaps as payoff for the rest of the $$ for the other center.
legal jargan:
plantif has allocted cartain expenses tothe defendant through common area maint expenses that are not related to the shopping center known as "village shops", which includes among other, plantifs princial persaonal utility expenses, expenses for another commercial property unrelated to the shopping center, repairs for properties upon belief, not in shopping center.
the plaintif village shops inc, upon information and belief, does not now own, nor has it ever owned the shopping center or the leased premises which are the subject hereof.
inasmuch as plaintif has no authority, real or implied, to act as landlord, the lease is void on its face and therefore unenforceable.
this still the short version. its 12 pages long.
the guy is a sleaze ball crook. we tried to do things the right way by getting an agreement in WRITING" with him but he would not put it in writing. so we had to go thru with what was verbally agreed upon and hope he stuck with it, but he did not. he wanted more.
we still have the light bills that we paid directly to him that he will not show the actual receipts for. i am certain he has over charged us and the 2 other people he has done this too.
i said earlier, one lady already took him to court over light bills. it never got far enough that the actual bills came up. he told the judge 2 different stories in the first 10 minutes and he ruled for the lady.
also in the counter claim is the statement that we moved out at the end of nov and someone else moved in dec 1st so there was no $$ lost to the landlord. that was the verbal agreemant. we had to have someone else move in, and we did that. there are some here that have bashed me for not honoring the contract. that would be true if micky had said "no you cant move out", but he did not. he agreed to it as long as we had someone to take over the space.
i want this to go to court. he has been screwing people for many many years and it needs to end. he has put us thru the ringer for the past year and half+.
i dont know if this would turn into a civil lawsuit since there would/could be so many businesses that could file a claim.
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86 930 94kmiles [_ _] RUNNING: [__] NOT RUNNING: ____77 911S widebody: SOLD
88 BMW 325is 200K+ SOLD
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Last edited by T77911S; 05-23-2014 at 10:06 AM..
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