To: ChicagoConservative27
The State of New York, 1. does not have standing. There is no actionable case or controversy involving the Plaintiff in this suit. There are no allegations that Trump defrauded the State of NY by using inflated valuations; 2. Because of No. 1, the State of NY has no damages; 3. Lettuctitia is guilty of sanctionable misconduct by ignoring the Statute of Limitations and filing frivolous causes of action.
14 posted on
10/03/2023 9:13:31 AM PDT by
jpp113
To: jpp113; Sequoyah101; gloryblaze
Donald Bender says he didn’t receive needed docs from Trump. Did he submit the docs he had to appraisers, and did they determine they had enough to appraise the property?
To: jpp113
You write: "The State of New York, 1. does not have standing. There is no actionable case or controversy involving the Plaintiff in this suit. There are no allegations that Trump defrauded the State of NY by using inflated valuations...."
A private litigant would need to show such a loss, but the State doesn't. Under New York law, the State (through the Attorney General) has standing even if no one suffered a loss.
This was one of the issues Trump and the other defendants raised in an earlier appeal in this case. The appellate court agreed with the appeal on some issues, such as dismissing all the claims against Ivanka. On the standing issue, however, the court ruled for the Attorney General. The applicable law is Executive Law § 63(12), which gives powers to the AG that aren't available to private litigants. In rejecting Trump's argument about standing, the appellate court said:
The Attorney General is not suing on behalf of a private individual, but is vindicating the state's sovereign interest in enforcing its legal code — including its civil legal code — within its jurisdiction (see Alfred L. Snapp & Son, Inc. v Puerto Rico ex rel. Barez, 458 US 592, 601 [1982]; see also People v Coventry First LLC, 52 AD3d 345, 346 [1st Dept 2008] [finding that claims including a claim under Executive Law § 63(12) "constituted proper exercises of the State's regulation of businesses within its borders in the interest of securing an honest marketplace"], affd 13 NY3d 108 [2009]). We have already held that the failure to allege losses does not require dismissal of a claim for disgorgement under Executive Law § 63(12) (see People v Ernst & Young LLP, 114 AD3d 569, 569-570 [1st Dept 2014]). Finally, in authorizing the Attorney General to sue for any repeated or persistent fraud or illegality, the Legislature necessarily "invested that party with authority to seek relief in court" (Matter of World Trade Ctr. Lower Manhattan Disaster Site Litig, 30 NY3d 377, 384 [2017]; see Silver v Pataki, 96 NY2d 532, 537-538 [2001]).
Full decision here (emphasis added): https://law.justia.com/cases/new-york/appellate-division-first-department/2023/index-no-452564-22-appeal-no-553-case-no-2023-00717.html
You may think this is a bad law. As the citations indicate, though, it's been the law in New York since before Trump came down the escalator.
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