In response to Peter Marlette's comments:

In response to comments you provided the Buffalo News and Business First during your press conference as well as claims made on your website, the fact remains that no court has ever heard our malpractice claims against Damon & Morey.

We challenge you to cite one document where you ever disclosed to any court that Damon & Morey had a contingency agreement to be paid 1/3 of what was collected by one client against another.

We challenge you to cite one document where you ever disclosed to any court that you had 4 of your own attorneys, in addition to 2 that you hired and paid, to sue your own client.

On your web page, you boldly declare, “I will not let one former client – whose claims have been repeatedly denied by every court and judge who considered them – threaten our firm’s good name and long-standing reputation.”

Yet, you know that no court or judge ever heard, let alone considered, the serious allegations that we have openly challenged Damon & Morey to disprove. Who would ever believe that any court would approve your fees if it really knew of the facts that we have openly challenged you to disprove. As they say Peter, “Put up or shut up.”

You know the Bankruptcy Court does not hear malpractice claims and explicitly ruled that the proper forum for litigating them is the State Court. When we filed our malpractice claim seeking a jury trial in State Court, you removed the case to Federal District Court.

We have moved to follow the ruling of the Bankruptcy Judge to bring our malpractice action back to State Court. As you well know, the District Court has not yet ruled. Yet you continue to mislead making statements such as, "As far as we're concerned, the courts have said this is over."
So Peter, “Put up or shut up.”

 

 

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The 3 Cases:

Case 1 - In Bankruptcy Court, Damon & Morey admitted just enough fault to
reduce distrust while concealing the most damning evidence of its
misconduct.

Case 2 - First appeal hearing (Federal District Court): no new evidence
allowed, the Court simply upheld first decision.

Case 3 - Second appeal hearing (2nd Circuit): similar to first appeal, no
new evidence allowed, first decision upheld.

SUBSTANTIAL DAMNING evidence was not discovered until after Case 1. This new
evidence was NOT admitted in either appeal. Damon & Morey is AVOIDING this
new evidence.

Peter Marlette misleads the public by saying that Elia had three
opportunities to prove its case. Elia has had no opportunity. Damon & Morey
is now trying to block Elia from getting a jury trial in State Court as the
Bankruptcy Court said it was entitled to in Case 1.

READ MORE facts responding to Peter Marlette's carefully crafted words
chosen to mislead the public at the press conference conducted by Damon &
Morey.

Damon & Morey has not complied with repeated requests to turn over our
records.


 
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