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NNA case against NWA dismissed

 
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PostPosted: Fri Mar 14, 2008 3:34 pm    Post subject: NNA case against NWA dismissed Reply with quote

NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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NNA, and Robert Vivien lost their case against the NWA, and me today. Vivien was given the chance to go on trial, but apparently he had no proof of his allegations, and declined. Although Vivien tried to argue the case should be transferred to Chancery court or the law division, the judge decided against him, and he was ordered to proceed to trial. At which point, he withdrew the case, and it was dismissed with prejudice.

Still to be litigated is the name or similarity of names issues, which Vivien improperly raised before this Special Civil term court. A new action will have to be brought in an appropriate forum, either chancery court, or the law division to address this matter. We are confident Vivien will lose here as well.

During preliminary discussions between the court and the lawyers, it was suggested by the court that Vivien change the name of his group, which is Newport Neighborhood Assn, Inc. and not Newport Neighborhood Association, Inc., which belongs to us.
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Last edited by Sonia : Yesterday at 12:19 PM.


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#2 Yesterday, 01:04 PM
Kate
Member Join Date: Aug 2007
Posts: 48

Re: NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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Out of curiosity, who is paying the legal fees for both groups? Also, I've seen T-shirts and other things with the Newport Neighborhood Association logo, is this the group that is illegally using the name? They are the same people who claim there's going to be a park built on the Port Authority pier.


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#3 Yesterday, 03:44 PM
davidbr55
Junior Member Join Date: Sep 2007
Posts: 23

Re: NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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Sonia,

Thank you so much for another update on Vivien - those are always crucial.


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#4 Yesterday, 06:03 PM
Sonia
Administrator Join Date: Aug 2004
Location: The East Hampton, Newport, Jersey City, NJ
Posts: 2,284

Re: NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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davidbr55,

You're welcome. Now that Vivien's case has been dismissed, and the name similarity issue is going to court in the hands of good lawyers, there is more time to work on important Newport issues.

There are several projects we are working on with Jersey City, Newport management, etc. Please note, we haven't forgotten you, but so far, I've been asked to keep mum to avoid a disruption. It's unfortunate to have to work under these circumstances, but as long as unprincipled individuals like Vivien are around, we find it necessary, and for the benefit of the community. Good things are coming.

In the meantime, we now have someone on the Newport waterfront, cleaning-up after the dogs.

Kate,

I don't know who is picking up for Vivien's legal fees. Most of the time he's unemployed and penniless, so I assume his group members or Robin Wright is footing the bill. Robin has shown up with him twice in court. As for our Newport Neighborhood Association, I've personally committed several thousand dollars for legal expenses to litigate the name issue, and for any subsequent suit for damages.

The Port Authority has no plans of building a park on the pier, as is evidenced by their 10-year capital budget.

We haven't given anyone our permission to use the Newport Neighborhood Association name on T-shirts or anything else.
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#5 Today, 09:50 AM
Kate
Member Join Date: Aug 2007
Posts: 48

Re: NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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Sonia,

It's confusing to have two similar names, in all fairness to the community, they should change their name. Does this other group have a purpose different from ours?


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#6 Today, 01:06 PM
Sonia
Administrator Join Date: Aug 2004
Location: The East Hampton, Newport, Jersey City, NJ
Posts: 2,284

Re: NNA case against NWA dismissed, Court suggests Vivien change the corporate name

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Kate,

You are right, it is confusing, which is exactly what Vivien and his group intended from the start. Although it seems their purpose is to copy us, they don't come close. As more and more people realize how unprincipled their group is, businesses and individuals will distance themselves.

Actually, it's obvious their lawsuit did not help them at all with the Newport merchants, or banks whom they named in the complaint, as well as the Lefrak organization or Newport, which was also named. The complaint is misleading, and replete with misrepresentations. Any of the business owners named in the complaint knew Vivien was lying, and none showed up to testify for him. I'm sure these businesses will want to keep Vivien at a distance in the future.

Vivien was pathetic, arguing his merit-less case should be transferred to the law division or chancery court, along with his pathetic claim that he has any claim to our corporate name. Of course, the court denied his request.
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PostPosted: Fri Mar 14, 2008 3:37 pm    Post subject: Reply with quote

i would agree with the courts that robert should change the name of his group

true sonia is a slimy cunt who stole his name
but the best way to deal with slimy cunts is to go around them

not through them

literally or figuratively ...take your pick
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PostPosted: Fri Mar 14, 2008 7:29 pm    Post subject: Reply with quote

rev3434 NNA Wins as NWA counter-claim dismissed & transfers case #1
Quite a regular


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Posts: 41
To set the record straight yet again which the NNA Trustees believe is a constant requirement when confronted by the outrageous, false and bizarre claims of the NWA,
the facts include the following. Yesterday, the NNA won again in its efforts to counter the outrageous and bizarre efforts by the NWA to defame its leaders and purposes, politicize what is a voluntary non-profit community based organization and persistently fail to co-exist peaceably in the Newport community.

Specifically, the NNA chose wisely to bring the real fulcrum of the legal problem created by the NWA by stealing our name to the correct court, Chancery, and thereby had its case purposefully dismissed in Special Civil Court. Additionally, the frivolous counter-claim by the NWA, which alleged that the NNA chose the name Newport Neighborhood Assn. to somehow try to confuse the public and steal the alleged goodwill of the NWA, which asked for $500,000 in damages, was dismissed out of hand by the court because there was no basis in reality for such a claim and it far exceeded any reasonable bounds of sanity. So we move forward in our efforts to be a truly representative organization pursuing our worthy goals derived from the widespread support of the Newport and closeby development communities.

Posted on: Today 18:56
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PostPosted: Fri Mar 14, 2008 7:31 pm    Post subject: Reply with quote

what did we do to deserve these two nightmares?
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PostPosted: Fri Mar 14, 2008 9:28 pm    Post subject: Reply with quote

Indeed, let's set the record straight. Vivien can't tell the truth no matter what. He had his butt kicked in court yesterday by one very good lawyer. His case was dismissed with prejudice. "Dismissed with prejudice" means Vivien is unable to file a lawsuit on the same set of alleged facts he raised in his complaint for " interference with contractual relations" in any court, although he can bring another lawsuit on a different set of allegations.

Further, Special Civil Term does not have jurisdiction over the name issue. As stated previously in other posts, a lawsuit would have to be brought in a different court (chancery or law division). Thus, the only cause of action before Special Civil term yesterday was Vivien's lawsuit
for " interference with contractual relations".

Quote:
Additionally, the frivolous counter-claim by the NWA, which alleged that the NNA chose the name Newport Neighborhood Assn. to somehow try to confuse the public and steal the alleged goodwill of the NWA, which asked for $500,000 in damages, was dismissed out of hand by the court because there was no basis in reality for such a claim and it far exceeded any reasonable bounds of sanity.


As for the NWA counterclaim, it wasn't withdrawn, or dismissed. out of hand by the court as Vivien claims. Sonia answered Vivien's claim, and added her own counterclaim, but her attorney later simply choose not to litigate the action for $500,000 because the dollar amount is much higher than can be awarded by Special Civil term, which only goes up to $15,000. Consequently, the NWA counterclaim was in a sense not before the court, and wasn't even discussed in court by the attorneys or with the Judge, and of course, the court took no action. Unlike Vivien whose case was "dismissed with prejudice", Ms. Maldonado can bring her case in the law division, where there is no restriction on the dollar amount, whenever she chooses on the same set of facts she raised in her counterclaim.

It appears Vivien filed his meritless lawsuit, in an attempt to silence Sonia, but he failed miserably. Not only did she refuse to enter into an agreement with him, but now all the Newport businesses who were named in his claim know he is a liar, and apparently none of them cared to show-up on his behalf.

Vivien is an extremely divisive individual who from the start has attempted to appropriate the good will and standing of the NWA. As evidenced by his complaint, and actions, he is an unprincipled person, who involved Newport merchants and Newport management in a false frivolous legal action, demonstrating his complete lack of leadership skills. We don't doubt for one minute the merchants, and other Newport business people named by him in the complaint really don't want anything to do with him any longer. think about it. Would you?

It looks like Vivien and his group are licking their wounds, and trying to cover up the truth. The truth is Newport management, Newport Businesses, and the Newport community does not support this group. Many people here are simply the unsuspecting victims of Vivien's scam to sell them a pier park that will never happen on the Port Authority pier.

At this time, no papers have been served from Chancery Court, and our lawyer has no knowledge of any action filed by Vivien in that court. Procedurally, we understand Vivien's lawyer would have to file a lawsuit, and serve us with papers. Our lawyer is still waiting.
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PostPosted: Sun Mar 16, 2008 1:57 pm    Post subject: Reply with quote

Hahahaha the "goodwill" of the NWA? Hysterical. Everyone who's ever even heard of it (a tiny percentage of even the Newport community, let alone Jersey City in general) knows it's a sham organization ruled by a president-for-life.

Who would ever want to appropriate that?
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PostPosted: Sun Mar 16, 2008 4:18 pm    Post subject: Reply with quote

Many in Newport don't agree with you, and many signed-up with Vivien's group, and even gave him money, thinking they were dealing with the NWA. They were unsuspecting victims of Vivien's deceptive activities. You'll have to wait for the lawsuits to find out more.
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PostPosted: Sun Mar 16, 2008 5:05 pm    Post subject: Reply with quote

The NWA is Newport's legitimate Neighborhood association, and has been for the last 8 years. Robert Vivien sought to take over the association in order to position himself for a political career.

He demanded to be seated on our board of trustees, but was denied because of his background, among other things, the NJ State Bar Association's Character Committee declined his admission to the bar. Robert Vivien is not a lawyer, but for a long time held himself out as an attorney in order to make himself look better in the community, and gain some credibility. In reality, he was actually unemployed.

At the time, it was the consensus of the NWA's Board of Trustees that Vivien would not make a good addition to our Board because we learned of Vivien's deception, and rejection by the bar association.

Vivien then set out to establish his own organization, with the plan of replacing ours. He engaged in various divisive tactics and schemes designed to ruin our reputation, steal away members, and discourage residents from attending our events and meetings, clearly trying to appropriate our good will. His tactics included filing frivolous lawsuits in criminal and special civil courts, which were subsequently dismissed with prejudice.

In his complaint to the Civil court, which is replete with deliberate misrepresentations, he involves several Newport businesses and banks, as well as the Newport developer, all of whom now know he is a liar.
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PostPosted: Sun Mar 16, 2008 7:33 pm    Post subject: Reply with quote

Anonymous wrote:
He demanded to be seated on our board of trustees, but was denied because of his background, among other things, the NJ State Bar Association's Character Committee declined his admission to the bar.


and because, although he's an asshole, he's not a big enough asshole.
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