Monday, March 8, 2010

Last Ditch Effort to Get George a Lawyer - Trial Date End of April

All other avenues have failed to rally any legal support for him and his case against the Robbin' Roberts

Trial date was schedualed to commence Mach 1, but was posponed cause it would have interfered with the defendants plans to vacation in Cancoon for two weeks. The trial date was pushed back to March 15 but got a call today from the chief clerk who informed us that the defendants attorney was called out of town on a family energency and wont be back til the end of April,, back to the waiting game I guess. Some good would come out of these delays IF ONLY that it buys us more time to convince a lawyer to take our merious case.


Re: Jubic v. Jubic. et. al;
Supreme Court of the State of New York
County of Rensselaer
Case # 214005
Hon. Judge Christian Hummel, Jr.

Trial Date: March 15, 2010 9:30 am

Dear Sir or Madam;

I am writing in regards to my husband Georges' "partnership dispute" case.

Several years ago, based on his dying fathers wishes, certain "burned out" famil property (The Old Snuggery Inn, 19 Cross St., S. Troy, NY) was left to him and one other brother, "Robbing Robert," a defendant in the case. The brothers, being handymen and carpenters, took the property and converted it into a multi (5) unit apartment complex as was their fathers wish. The father wanted to make sure that both of them would always have income from the apartment rentals "for life." In 1988, at the time of the signing over of the deed, brother "Robbing Robert" bought a friend of his, a Robert McAllister, (the other defendant) and not a family member, into the partnership meeting with him, intending to make him a partner in the venture also. The father raised objections on the grounds that the partnership was supposed to be a family business. My husband and other family members also objected to inclusion of a stranger into the family business. However, "Robbing Robert" insisted that his friend McAllister (and partner in other ventures) be included in the plan, so McAllisters' name was added to the deed and he was made 1/3 partner.

In 1989, the three partners jointly got a loan at the bank for construction materials and work on converting the building into a 5 unit apartment complex was begun. The three partners worked elbow-to-elbow in the construction of same. Sometime in the early to mid 1990s construction was completed and the units were rented out. Robert Jubic was the self-professed bookkeeper and accountant and told my husband that he would "let him know" when money was being made through the venture, adding that " it will be another 20 years before the place makes any money." Thus, George waited and worked on maintaining the apartments all the while waiting for the time when his brother Robert would inform him that profits were (at last) being realized from the venture.

Fast forward to 1999 when I find out through ex-wives and other family members that the partnership loans have been fully repaid and that the partnership was indeed making money and in fact, had been making money for years - (grossing over $300,000 as of 2004 accounting) a search at the county clerks office for relevant documents verified that all (known) loans were paid and that indeed, profits were being realized but wrongfully withheld from my husband.

In 2001 my husband hired a lawyer to file suit against the thieving partners and a lawsuit was commenced in the Supreme Court of the State of New York, County of Rensselaer. The case was in the middle of the discovery process when my husbands lawyer turned up missing. A call to the state bar informed us that he had been permanently disbarred from practicing law (for reasons unrelated to this case)

My husband, suffering financial hardship to the point where he had to file a Chap 13 BK to save his home, is put into the untenable position of having to litigate his case without the assistance of counsel. My husband has a very low IQ score, has cognitive deficiencies, has no backround or knowledge of the law or trial proceedure and is not qualified to represent himself at trial. He did obtain verification of his inability to represent himself via letters provided to him by his physician as well as two mental health councelors. He presented these documents to the court and asked for assignment of counsel on these grounds, but same was denied, the judge stating that he did not believe he had the authority to assign counsel in a civil case

I am aware that there is a movement underway for a right to counsel in certain civil cases were other "vital interests" besides liberty are at stake. It is my argument that remaining free from poverty is a vital interest that would qualify him for assignment of councel in this case since his whole financial future is bound up in it. Not only is he being robbed of significant monies owned him but he is also being robbed of his inheritance too! If a full and fair hearing cant be had by him through the courts, he will lose not only his one and only home and all of the "past profits" owed him, but he will also be deprived of all of the LOST future income he would have enjoyed from the partnership if not for the thievery of the partners. If not for a satisfactory resolution of his case, my husband stands to become a ward of the state in his old age, (he is 62 now) and me right along with him. Our whole financial future depends on the fair litigation of this case, same of which will be impossible to do with out the aid of experienced councel. It is a nightmare situation for us, as we are hoping you can imagine. What are we to do?

I am hoping that you or someone you know might find a way to help my husband with this "Civil Gideon" case. We MAY be able to come up with a small retainer and/or can work out a payment plan and have the account paid in full by mid October 2010 as hubby draws on pension then and will receive $17,000.

Jury selection is set to begin on March 15, 2010. There is still time to act! Hubby is chewing his nails, grinding teeth in his sleep and cant eat at the thought of having to self-litigate his case.

Please feel free to contact us at the telephone number below if you need more information.

Thanking you in advance for any consideration you may give this matter.

Christine & George J. Jubic

Capital District, NY

(518) 753-7791

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