ED Magedson – Founder
CAPITL ONE BANK1512 Second Avenue New York, New York USA
CAPITL ONE BANK CAPITAL ONE BANK SAFE DEPOSIT BOX VIOLATED in 2010. CAPITAL ONE BANK COMPELED WITH MERCK COMP., GLENCORD BUILDING CORP., (THE LANDLORD), STATE FARM INSURANCES and ALL ACCOMPLICES IN CRIMINAL ACTS New York New York
CAPITAL ONE BANK SAFE DEPOSIT BOX VIOLATED in 2010. CONSUMER NEGLECT, POOR CUSTOMER CARE, UNFAIR PRACTICE, BREACH OF CONTRACT.
CAPITAL ONE BANK COMPELED WITH MERCK COMP., GLENCORD BUILDING CORP., (THE LANDLORD), STATE FARM INSURANCES and ALL ACCOMPLICES IN CRIMINAL ACTS!
Should the currency of our value be monetary?
In 2010 I bought with my credit card a safe deposit box at CAPITAL ONE BANK to keep my vulnerable evidences with MERCK COMP., GLENCORD BUILDING CORP., (THE LANDLORD, THE GLENCORDS), STATE FARM INSURANCES and al., ACCOMPLICES.
On November 2010, I wrote a letter to Capital One where I informed that:
” ONLY ME I have the key, ONLY ME I have access. If you will see somebody else trying to substitute me, please ask for an ID. Please call the Police and me at…
I have legitimate reasons to request your vigilante attention. I had a sad experience with TD Bank, where somebody violated my safe deposit” ….
After a while, I observed that many evidences disappeared from my safe deposit box. I spoke with MS. CHRISTINE SWEENEY , THE BRANCH MANAGER, and I pleased her to check the camera to see who else could access my safe deposit box.
She ignored my request for months. The evidences, pictures, very important legal documents to be used in court, continued to disappear or were deleted from the USB memories cards. Also, many evidences were falsified or decolorized.
I did a writing complaint ( see Exhibit 1), and the bank ignored it for months. Finally, I closed the box.
The Capital One Bank’s negligence made it possible for the GLENCORD BUILDING CORP.,, MERCK, STATE FARM INSURANCES, et al., to afford and to steal, to delete or to falsify as I said important evidences.
Finally, I closed the box.
Capital One compelled with Glencord Building Corp., Gistizia Aressivo, Constance Cincotta ( the landlord) in criminal acts ( my complaint against Glencord in Ripoff Report filed on 8/20/2013), and deliberately left the landlord to poison my air, to consider to be above the law, to torture me, to make my life miserable. All because they could steal my evidences from everywhere, including from the Capital One Bank box.
For this reason Glencord ignored the Emergency Room doctors’ directions where they said :
“ PT IS ADVISED NOT TO RETURN TO HER HOUSE UNTIL THE CARBON MONOXIDE LEVEL ARE KNOWN TO BE LESS ( “Exhibit Pg. 2)..
Also GLENCORDS ignored :
(PROOFS AT REQUESTS!)
Many times I arrived in Emergency Room poisoned by these above the law people, who can afford to cover almost everything and to control my Oxygen, my life, my lawyers, my safe deposit box, everything!
They ruined my health!
How is possible in UNITED STATES OF AMERICA to buy a safe deposit box at Capital One Bank , and to be violated without shame?
I filed in January 2013 a motion to amend my Complaint in my personal injury case with Carbon Monoxide and toxic gases against teh Glencord and Con Edison( my complaint in Ripoff Report filed on 8/12/2013). , where I want to add more defendants for contributory negligence and all.
The Non Party Defendant Capital One Law Firm LAZER, APTHEKER, ROSELLA & YEDID, P.C. , filed an Affirmation in Opposition at my Motion to amend the Complaint, without respecting the Court’s rules to ask permission to do it, and totally against my legal right to Amend my Complaint .
Same with Non Party Chase, TD Bank Diagnostics ( my complaint in Ripoff Report filed on 9/4/2013), Quest Diagnostics ( my complaint in Ripoff Report filed on 8/12/2013), Lawrence Wilson ( more about his abuses in my complaint against DOL in Ripoff Report filed on 8/31/2013).
New York courts have held that the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent of a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).
Also, the standard on ruling on motions for leave to amend is a fairly liberal one. See Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428 (the policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified).
Supplementary, the “ Federal Courts have recognized the generous standard in Rule 15(a). In fact United States Supreme Court has declared that the purpose of this policy is primarily because the Courts favor giving a Plaintiff the opportunity to “ test his claim on the merits” Foman v. Davis, 371 U.S.178, 182 (1962). In other words, a party should be given his “ day in Court”- Article Source: http://EnineArticles.com/781220.
THIS IS A RIGHT GIVEN BY THE AMERICAN CONSTITUTION:
"Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them. "Norton v. Shelby County, 118 U.S. 425 p. 442.
The literature said that the Defendants don't usually oppose since it gives them a chance to demurrer to the complaint.
Unfortunately, because my lawyers did forgery lawsuits in my name, and became my adversary, I am Pro Se.
I do not understand why well paid and with huge experience NON PARTY DEFENDANT CAPITAL ONE are aginst my lergsal right. I am only a Pro Se.
I accuse Capital One Bank for :
Because of the deliberate, unjustifiable, unethical, without integrity, and bad intentional nature ( criminal) of the CAPITAL ONE demonstrates contributory negligence with GLENCORD BUILDING COTP, and HIS ACCOMPLICES.
I pledge for JUSTICE, and I what happened to me NEVER TO HAPPEN TO SOMBODY ELSE!
This report was posted on Ripoff Report on 09/05/2013 10:30 AM and is a permanent record located here: http://www.ripoffreport.com/r/CAPITL-ONE-BANK-/New-York-New-York-10075/CAPITL-ONE-BANK-CAPITAL-ONE-BANK-SAFE-DEPOSIT-BOX-VIOLATED-in-2010-CAPITAL-ONE-BANK-CO-1081907. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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