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 :

• Four ( 4) Court’s Orders  to fix the apartment  for Carbon Monoxide and  toxic gases,      were ignored by  above the law   Glencords and his accomplices;
• The Con Edison 4 Red Tags for violation with Carbon Monoxide and Toxic Gases.
• The DHPD and HP Many violations regarding CO and toxic gases,
• 14 Carbon Monoxide Detectors  ( 13 bought by me), became non-working devices.  
• Why was necessary to  change 4 stoves ( 3 of them in warranty ), and a meter  as source of Carbon Monoxide and toxic gas.
• Why the  apartment,  from February 2009 until June 2009, did not have any connection to the gas but toxic gasses  were  a permanent condition as I described above.
• My  Attorneys :   Friedman & Mosses,  Teperman &  Teperman,  Bompart & Bompart,  Davis Stuart,  Lawrence Wilson rushed to perform illegal acts including forged  lawsuits in my name
•  Also,  Quest Diagnostics, Kidde Company,  Con Edison, State Farm Insurances , hospitals, Insurances were corrupted by this above the  law Glencord, who  was sure I will die. 

 (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 :

•  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.

 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!

 Sincerely,

Agripina