I also posted that Habba / Trump declined to request a jury trial.
http://www.theeroticreview.com/discussion-boards/politics-and-religion-39/re-the-judge-ordered-all-of-trumps-business-licenses-433420
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Back to the possibility of Trump appealing the summary judgement: Here is the full text of Engoron's ruling: http://s3.documentcloud.org/documents/23991876/trump-ny-fraud-ruling.pdf I'll post a couple of bits:
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Page 10: ""Exacerbating defendants’ obstreperous conduct is their continued reliance on bogus arguments, in papers and oral argument. In defendants’ world: rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land; restrictions can evaporate into thin air; a disclaimer by one party casting responsibility on another party exonerates the other party’s lies; the Attorney General of the State of New York does not have capacity to sue or standing to sue (never mind all those cases where the Attorney General has sued successfully) under a statute expressly designed to provide that right; all illegal acts are untimely if they stem from one untimely act; and square footage subjective.
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"That is a fantasy world, not the real world. ..."
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Page 21: "This instant action is essentially a “documents case.” As detailed infra, the documents here
clearly contain fraudulent valuations that defendants used in business, satisfying OAG’s burden
to establish liability as a matter of law against defendants. Defendants’ respond that: the
documents do not say what they say; that there is no such thing as “objective” value; and that,
essentially, the Court should not believe its own eyes.’(9)
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"The defenses Donald Trump attempts to articulate in his sworn deposition are wholly without
basis in law or fact. He claims that if the values of the property have gone up in the years since
the SFCs were submitted, then the numbers were not inflated at that time (i.e.; “But you take the
2014 statement, if something is much more valuable now — or, I guess, we’ll have to pick a date
which was a little short of now. But if something is much more valuable now, then the number
that I have down here is a low number”). NYSCEF Doc. No. 1363 at 69-75). He also seems to
imply that the numbers cannot be inflated because he could find a “buyer from Saudi Arabia” to
pay any price he suggests.'(10) Id. at 30-33, 60-62, 79-80.
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"The Trump Tower Triplex: This Court takes judicial notice that the Trump Tower apartment in which Donald Trump resided for decades (the “Triplex") is 10,996 square feet. NYSCEF Doc. No. 816 at 2. Between 2012-2016, Donald Trump submitted SFCs falsely claiming that the Triplex was 30,000 square feet, resulting in an overvaluation of between $114-207 million dollars. NYSCEF Doc. Nos. 782 at
Rows 833-834, 1028, 783 at Rows 799-800, 1199, 784 at Rows 843-844, 785 at Rows 882-883,
789 at Row 913, 817. The misrepresentation continued even after defendants received written
notification from Forbes that Donald Trump had been overestimating the square footage of the
Triplex by a factor of three.!!
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"In opposition, ***defendants absurdly suggest that “the calculation of square footage is a subjective
process*** that could lead to differing results or opinions based on the method employed to conduct
the calculation.'” NYSCEF Doc. No. 1293 at 20. Well yes, perhaps, if the area is rounded or
oddly shaped, it is possible measurements of square footage could come to slightly differing
results due to user error. Good-faith measurements could vary by as much as 10-20%, not 200%.
A discrepancy of this order of magnitude, by a real estate developer sizing up his own living
space of decades, can only be considered fraud.13
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9. As Chico Marx, playing Chicolini, says to Margaret Dumont, playing Mrs. Gloria Teasdale, in “Duck
Soup,” “well, who ya gonna believe, me or your own eyes?”
10. This statement may suggest influence buying more than savvy investing.
11. Three days after receiving a written inquiry from Forbes, Trump Organization Vice President, Amanda
Miller, sent an email to Trump Organization Executive Vice President and Chief Legal Officer, Alan
Garten, indicating that she “spoke to Allen W[eisselberg] re: [Trump World Tower and Trump Tower] —
***we are going to leave those alone.”*** NYSCEF Doc. No. 821. Although OAG need not show intent to
deceive under a standalone § 63(12) cause of action, ***this directive to continue to use a grossly inflated
number despite clear knowledge it is false demonstrates the repetitive and ongoing nature of defendants’ propensity to engage in fraud.***
12. Despite this assertion in their motion papers, counsel for defendants, Christopher Kise, Esq, conceded
during oral argument held on September 22, 2023, that square footage is, in fact, an objective number."
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I don't know how Appeals work in NYS, but I'll imagine a scenario:
Appeals Judge: Yeah, I should take a look at this [read, read, read ...]
AJ: Did Team Trump (TT) actually claim that????!!! [check documents in evidence] Geeez Louise ...
AJ: Engoron was going easy ...
AJ: 33,000 for 11,000???!! Really? "That one was a mistake." AFTER 11 years????!!
AJ: Appeal denied. What he (Engoron) said ... times two.
Posted By: inicky46
Trump's trial for financial fraud got under way today in New York with Trump at the defense table glowering just like his GA mug shot. So that was funny. ...