Sassower v. Abrams

• Decision Date: 08 September 1993
• Docket Number: No. 92 Civ. 8515 (PKL),92 Civ. 9220 (PKL),93 Civ. 342 (PKL),92 Civ. 9221 (PKL),93 Civ. 343 (PKL).,92 Civ. 8515 (PKL)
• Parties: George SASSOWER, Plaintiff, v. ABRAMS, et al., Defendants. George SASSOWER, Plaintiff, v. MEAD DATA CENTRAL, INC., et al., Defendants. George SASSOWER, Plaintiff, v. FELTMAN, et al., Defendants. George SASSOWER, Plaintiff, v. McFADDEN, et al., Defendants. George SASSOWER, Plaintiff, v. BRIEANT, et al., Defendants.
• Court: U.S. District Court — Southern District of New York

833 F. Supp. 253

George SASSOWER, Plaintiff, v. ABRAMS, et al., Defendants.

George SASSOWER, Plaintiff, v. MEAD DATA CENTRAL, INC., et al., Defendants.

George SASSOWER, Plaintiff, v. FELTMAN, et al., Defendants.

George SASSOWER, Plaintiff, v. McFADDEN, et al., Defendants.

George SASSOWER, Plaintiff, v. BRIEANT, et al., Defendants.

Nos. 92 Civ. 8515 (PKL), 92 Civ. 9220 (PKL), 92 Civ. 9221 (PKL), 93 Civ. 342 (PKL), 93 Civ. 343 (PKL).

United States District Court, S.D. New York.

September 8, 1993.

COPYRIGHT MATERIAL OMITTED

George Sassower, pro se.

Mary Jo White, U.S. Atty., for the S.D.N.Y., New York City, G. Elaine Wood, of counsel, for Federal defendants.

Robert Abrams, Atty. Gen., for the State of N.Y., New York City, Angela M. Cartmill, of counsel, for State defendants.

Skadden, Arps, Slate, Meagher & Flom, New York City, Steven J. Kolleeny, of counsel, for Mead Data Cent., Inc.

Duncan, Fish & Bergson, Mineola, NY, Howard M. Bergson, of counsel, for Howard Bergson, Hyman Raffe, and A.R. Fuels, Inc.

Kreindler & Relkin, P.C., New York City, Jeffrey A. Wendler, of counsel, for Citibank, N.A., and Kreindler & Relkin, P.C.

OPINION AND ORDER

LEISURE, District Judge:

This consolidated action is plaintiff pro se George Sassower's ("Sassower") latest attempt to relitigate the dissolution of Puccini Clothes, Ltd. ("Puccini"), which emanated in New York State Supreme Court in the early 1980s and spawned a plethora of related actions by Sassower in both federal and state courts, resulting in numerous decisions disposing of his actions, as well as various injunctions and orders issued by the courts in an effort to prevent the filing by him of further frivolous and vexatious lawsuits.

Despite having litigated the merits of every aspect of the Puccini dissolution, Sassower has engaged in a campaign of attrition in the federal and state court system for over a decade, by instituting dozens of lawsuits and hundreds of motions in an effort to harass those individuals and businesses who have become the target of his frivolous and vexatious lawsuits which seek, inter alia, reconsideration of the merits of the Puccini dissolution. Each time a lawsuit filed by Sassower has been dismissed by a court, or a court has issued an injunction or other sanction to stop his abuse of the judicial system, Sassower simply institutes another action which adds the names of the judges that ruled against him to the complaint and accuses them of being part of the "conspiracy" to cover-up the "looting" of the Puccini clothes company.

Sassower's litigation tactics and flagrant disregard of court orders has resulted in his disbarment from practice in state and federal courts, civil and criminal contempt adjudications, prison sentences, and numerous injunctions and orders across the nation. These injunctions attempt to prevent Sassower from filing any additional frivolous and vexatious lawsuits relating to the Puccini dissolution and other previously adjudicated matters.

More specifically, the Southern District of New York has evolved as Sassower's favorite federal forum for filing these vexatious lawsuits. His abuses have resulted in the issuance of two orders in this District aimed at preventing the filing of any additional lawsuits. In 1985, after Sassower brought four separate actions attempting to relitigate the Puccini dissolution, the Honorable William C. Conner, United States District Judge of this Court, dismissed the actions under the doctrines of res judicata and collateral estoppel, awarded fees to the defendants, and issued an order permanently enjoining him from bringing any further actions in any federal court relating to the Puccini dissolution or receivership. See Raffe v. John Doe, 619 F.Supp. 891 (S.D.N.Y.1985).

In direct violation of the injunction, Sassower filed another lawsuit in this District naming the same defendants and adding Judge Conner to the complaint. The Honorable Charles Brieant, then Chief Judge of this Court, dismissed the action as frivolous and entered another injunction prohibiting Sassower from filing "any actions" in the United States District Court for the Southern District of New York without prior leave of Court. See United States for the Benefit of George Sassower v. Sapir, 87 Civ. 7135 (CSH) (S.D.N.Y. December 10, 1987) (Exhibit 23)¹. In addition, in July 1989, after Sassower continued to submit voluminous papers to the Clerk's Office in White Plains for filing, Judge Brieant orally directed the United States Marshal in the White Plains Courthouse to refuse Sassower access to the Courthouse unless he had a legitimate purpose for entering.

In an attempt to evade these injunctions, Sassower instituted the instant action by filing five separate lawsuits, relating to the Puccini dissolution and subsequent litigation arising therefrom, in New York State Supreme Court naming, inter alia, numerous federal and state judges and officials. The federal judges and officials (the "federal defendants") removed these actions to this Court pursuant to 28 U.S.C. § 1441(a) and (b), and § 1442(a)(3). On February 4, 1993, this Court consolidated the above referenced actions pursuant to Rule 42(a) of the Federal Rules of Civil Procedure.

BACKGROUND

The details of Sassower's long history of vexatious litigation and abuse of the litigation process are a matter of public record and will not be repeated by this Court. See, e.g., Sassower v. Sheriff of Westchester County, 824 F.2d 184, 188 (2d Cir.1987); Raffe v. John Doe, 619 F.Supp. 891 (S.D.N.Y.1985). Instead, the Court will summarize Sassower's abuse of the judicial system which has persisted for over a decade and then discuss the five actions currently before this Court.

The long and tortured history of vexatious litigation arises out of Sassower's representation of Hyman Raffe, a shareholder of Puccini. Puccini, a New York corporation, was dissolved and placed in receivership in 1980 by the New York State Supreme Court. Raffe appealed the court's order and it was unanimously affirmed by the Appellate Division, First Department.

In the early 1980s, Sassower and Raffe filed numerous motions in New York state courts attempting to relitigate the dissolution and receivership of Puccini. The state courts repeatedly denied these motions and, on at least two occasions, imposed extraordinary costs and attorney's fees. Nevertheless, Raffe and Sassower continued to commence more lawsuits adding, as defendants, the judges and officials who ruled against them. The New York courts found that their various claims were precluded under principles of res judicata, as well as doctrines of qualified and absolute immunity protecting public officials and judicial officers, and such orders were affirmed by the Appellate Division, First Department. See, e.g., Raffe v. Feltman, Karesh & Major, 113 A.D.2d 1038, 493 N.Y.S.2d 70 (1st Dep't), appeal dismissed, 66 N.Y.2d 914, 498 N.Y.S.2d 1026, 489 N.E.2d 772 (1985).

On January 20, 1984, Sassower and Raffe brought an action in the Eastern District of New York naming the same list of Puccini defendants and adding, as defendants, several state court judges and New York State Attorney General Robert Abrams. See Raffe v. Citibank, N.A., No. 84 Civ. 305 (E.D.N.Y.). On August 1, 1984, the Honorable Eugene H. Nickerson, United States District Judge, Eastern District of New York, dismissed the complaint on the grounds that (1) the claims against the private party defendants were barred by the doctrines of res judicata and collateral estoppel, and (2) the claims against the state court judges and Robert Abrams were barred by the Eleventh Amendment and the doctrine of absolute immunity. In addition, Judge Nickerson found that Sassower had conducted the litigation in a vexatious manner and granted defendants' motion for sanctions. On January 23, 1985, the Second Circuit affirmed Judge Nickerson's decision without opinion. See Raffe v. Citibank, N.A., No. 84 Civ. 305 (E.D.N.Y. August 1, 1984), aff'd mem., 779 F.2d 37 (2d Cir.1985).

Less than one month after the dismissal of the Eastern District action, Sassower and Raffe filed an action in the Southern District of New York which named, as defendants, many of the individuals who were the subject of the lawsuit in the Eastern District. The case was assigned to Judge Conner. See Raffe v. John Doe, 619 F.Supp. 891 (S.D.N.Y. 1985). Shortly after filing this action, Raffe and Sassower filed new actions in the New York state courts and the defendants in those actions moved the Supreme Court Special Term for a permanent injunction enjoining Raffe and Sassower from filing new lawsuits in the state courts. The New York Supreme Court subsequently granted the motion and entered an order permanently enjoining Sassower from filing any complaint or proceeding relating to Puccini dissolution in state court. See In re Barr, Index No. 01816/80 (N.Y.Sup.Ct., N.Y.Co. January 23, 1985) (Exhibit 24); see also In re Barr, Index No. 01816/80 (N.Y.Sup.Ct., N.Y.Co. March 11, 1986) (Exhibit 25); In re Barr, Index. No. 01816/80 (N.Y.Sup.Ct., N.Y.Co. March 1987) (Exhibit 26); In re Barr, Index No. 01816/80 (N.Y.Sup.Ct., N.Y.Co. September 2, 1988) (Exhibit 27).

Sassower and a new actor in the litigation, Sam Polur, Esq., disregarded that order and filed at least ten actions in New York Supreme Court related to the Puccini dissolution and, thus, Sassower was the subject of several criminal contempt convictions. See Raffe v. Riccobono, No. 9522/85, slip op. at 6-7 (Sup.Ct.N.Y.Co. July 1, 1985) (criminal contempt conviction), aff'd, 113 A.D.2d 1038, 493 N.Y.S.2d 70 (1st Dep't), appeal dismissed, 66 N.Y.2d 915, 498 N.Y.S.2d 1027, 489 N.E.2d 773 (1985), cert. denied, 480 U.S. 932, 107 S.Ct. 1570, 94 L.Ed.2d 762 (1987); Raffe v. Feltman, Karesh & Major, 113 A.D.2d 1038, 493 N.Y.S.2d 70 (1st Dep't), appeal dismissed, 66 N.Y.2d 914, 498 N.Y.S.2d 1026, 489 N.E.2d 772 (1985). In In re Barr, supra, Sassower was convicted of...