Pozwalam sobie przeslac z listy APAP (czyli Association of Polish-American Professionals): http://www.informatics.sunysb.edu/apap/ ---------- Forwarded message ---------- Date: Sun, 25 Jul 1999 09:05:13 -0400 (EDT) From: Stanley Naj <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: Re: Cream puffs vs weeds and courts Part E : "UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK Civil Action No. CV 99-3487 +AS AND FOR A FIRST CAUSE OF ACTION+ (Declaration that Defendants Have Violated International Law) 111. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 110 as if the same were fully set forth herein. 112. Poland, the Polish Treasury and the other Defendant's [sic] violated international law enforceable in this Court as federal common law and the law of nations, as evidenced by various sources, including but not limited to, the Nuremberg Principles, the Hague Convention of 1907, the Polish Minority Treaty of 1919 and the Geneva Convention of 1929. 113. Said Defendants' [sic] violated such customary international laws by creating, participating in, and/or for failing to prevent ethnic and racial cleansing perpetrated against Jewish survivors returning to their homes in Poland after the Holocaust, and by then trafficking in, managing and commercially profiting from the assets and property looted from the Plaintiffs and other class members, and by failing, concealing and refusing to disgorge such assets and the profits obtained from such assets, all of which were obtained pusuant to barbaric crimes against an ethnic and racial minority in a scheme that has continued for the last fifty-four years. +AS AND FOR A SECOND CAUSE OF ACTION+ (Declaration that Defendants Aided and Abetted the Violation of International Law) 114. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 113 as if the same were fully set forth herein. 115. Poland, the Polish Treasury, and the other Defendant's [sic] aided and abetted in the implementation of a systematic scheme of racial and ethnic cleansing perpetrated against Jewish survivors returning to their homes in Poland after the Holocaust, including plundering and looting, in violation of customary international law enforceable in this Court as federal common law and the law of nations, as evidenced by various sources, including but not limited to, the Nuremberg Principles, the Hague Convention of 1907, the Polish Minority Treaty of 1919 and the Geneva convention [sic] of 1929. 116. Said Defendants aided and abetted in the violation of such customary international laws by condoning and disregarding the atrocities perpetrated against the Jewish survivors attempting to return to their homes in Poland after the Holocaust, and by knowingly receiving, managing, commercially profiting from, and trafficking in the assets and property of the Plaintiffs and other class members, under the aforesaid scheme that has continued for the last fifty-four years. +AS AND FOR A THIRD CAUSE OF ACTION+ (Conversion) 117. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 116 as if the same were fully set forth herein. 118. Poland, the Treasury and the other Defendant's [sic] have wrongfully converted, used, operated, managed and alienated the Plaintiffs' and other class members' assets and property for their own use and benefit. +AS AND FOR A FOURTH CAUSE OF ACTION+ (Unjust Enrichment) 119. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 116 [sic] as if the same were fully set forth herein. 120. Poland, the Treasury and the other Defendant's [sic] have been unjustly enriched during the last fifty-four years by knowingly receiving, managing, commercially profiting from, trafficking in, and converting assets wrongfully taken and/or wrongfully withheld from the Plaintiffs and other class members, and by retaining the profits from such assets and properties, all of which were obtained as a direct result of the systematic scheme of violence, murder and liquidation heretofore alleged herein. +AS AND FOR A FIFTH CAUSE OF ACTION+ (Restitution and Disgorgment) 121. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 116 [sic] as if the same were fully set forth herein. 122. Poland, the Polish Treasury and the other Defendant's [sic] have failed and refused to disgorge assets and property, and the profits derived from such assets and property, that were looted from the Plaintiffs and other class members, all of which were wrongfully obtained by Defendants pursuant to the systematic scheme of violence, murder and liquidation heretofore alleged herein. Defendants have instead retained such assets, property and profits for their own commercial gain and benefit, all of which should be returned to Plaintiffs and the other class members. +AS FOR A SIXTH CAUSE OF ACTION+ (Breach of Fiduciary Duty) 123. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 122 as if the same were fully set forth herein. 124. Poland, Skarb and the other Defendant's [sic] violated their obligations to Plaintiffs and the other class members, who were victims of the Holocaust and the subsequent persecution of Jewish survivors attempting to return, or dissuaded from returning, to their homes in Poland, by failing to retain and hold their assets and property, and to return the same to the Plaintiffs and other class members after the Holocaust. 125. The aforesaid acts and conduct of Defendants was a violation of the fiduciary duties due and owing to Plaintiffs and the other class members, and was unconscionable and inequitable and was taken with gross reckless and wanton indifference to the rights of Plaintiffs and other class members, and in complete disregard to the consequences and damages such acts and conduct would cause the Plaintiffs and other class members, entitling them to recover real and punitive damages. +AS FOR A SEVENTH CAUSE OF ACTION+ (Constructive Trust) 126. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 125 as if the same were fully set forth herein. 127. By reason of the foregoing, Plaintiffs and the other class members are entitled to have Defendants declared to be constructive trustees of the [sic] all of the assets, property, income and profits held and realized by Defendants, and to hold said assets, property, income and profits for and on behalf of the Plaintiffs and other class members and to transfer and pay over to the Plaintiffs and other class members all such assets, property, income and profits derived therefrom. +AS AND FOR AN EIGHTH CAUSE OF ACTION+ (Accounting) 128. Plaintiffs repeat and reallege the allegations contained [sic] paragraphs 1 through 127 as if the same were fully set forth herein. 129. Poland, the Polish Treasury and the other Defendant's [sic] fraudulently concealed the assets, property and profits that they received, trafficked in, commercially managed, and converted from the Plaintiffs and other class members, and have, for the last fifty-four years, concealed the profits obtained from such assets and property, all of which were obtained as a direct result of the systematic scheme of violence, murder and liquidation heretofore alleged herein. 130. Defendants have consistently withheld and misrepresented information concerning the status and disposition of such assets and property, and the profits realized therefrom, and have failed and refused to account for the same, such that the Plaintiffs and other class members are entitled to an accounting as to the disposition of all such assets, property and profits. 131. The acts, conduct and activities of the Defendants described herein were acts committed outside of the United States in connection with commercial activities in Poland, the Polish Treasury and the other Defendant's [sic], but which have resulted in damages to Plaintiffs and the other class of members in the United States. 132. Defendant's [sic] transactions were of the same type of activities commonly engaged in by private persons and entities. In addition, Defendants derived substantial profits on their real estate transactions in a wholly commercial manner. 133. Defendants [sic] illegal activities caused a direct effect in the United States because Defendants' transactions in, and liquidation of, assets looted from the Plaintiffs and other class members, denied thousands of U.S. citizens, over the last fifty-four years, the right to own and control their assets and property which rightfully belonged to them. Plaintiffs and the other class members were denied the financial enjoyment and benefit that they would have normally had from the use and disposition of these assets and property. -- End of paragraphs 87 to 133.
