In 2003 a very avoidable home destruction and personal violation
occurred (in the known history of brokering real estate,) Defendant’s own
Executive Vice President, Jane Bayard stated: “I have never heard of a
similar situation.”
Licensed defendant did nothing to prevent this destruction from happening
or mitigating their client loss of home under very bizarre circumstances and
refuses to accept their blatant misconduct. Within hours, Plaintiff
would receive unbelievable transgressions from Warburg Realty (defendant and
a licensed broker,) who ignored their lawful regulation and fiduciary
duties. Evidence and witnesses have revealed a wealth of gross wrongdoings
on the part of Warburg Realty.
Warburg Realty allowed an emotionally unstable agent access to plaintiff’s
home, while plaintiff was out of town. Ill agent destroyed plaintiff’s
home, through destruction of domicile with strong satanic undertones and
other unusual desecrations. Further, agent was abandoned
at plaintiff’s home by realtor allowing ill agent to run amuck disturbing
and frightening neighbors and finally their client.
- Kate Meckler (assisting ill agent) states in an email to Frederick
Peters President of Warburg), “I can only attest to the fact that I did
tell him (after her breakdown) that at the open house she was losing it.
I also told him that people in the office had been concerned for her.”
Kate Meckler responds, when asked why she would leave Johnson alone in
Plaintiff’s home (after losing it,) Kate Meckler stated “I did not think
about that.”
- As Executive Vice President Jane Bayard, Kate Meckler’s supervisor
stated, “We discussed Julie and Kate [Meckler] was concerned about her
anxiety and as I said, she was very emotional, and that was
disturbing on a couple of levels, so it was hard to have a conversation with
Julie when she was emotional.”
When asked, “were there people in the organization that felt that she was
not capable of performing in mid January 2003?” Jane Bayard responded
“It wasn’t really up to other people in the office to evaluate Julie.
People had opinions about her level …”
- As Jane Bayard states in her deposition when describing the apartment
after the event “There was evidence that Julie had staged some
sort of gynecological event… and substances were on the
furniture and it was a mess.”
- Dr. Thomas Golden, PhD, behavioral psychologist, states, “In
February 2003, and with a reasonable degree of medical certainty, I would
suggest that Daniel showed many of the symptoms of Post Traumatic Stress
Disorder.” Dr. Golden goes on to say, “Mr. Farash appeared
overwhelmed by the apparent threatening nature of that evening. ….. the
agonizing images of his destroyed home, and a sense of total abandonment and
helplessness. Faced with what appeared to be a psychotic, naked woman
who was unintelligible, feces smeared on his property, and a bizarre type of
totem built in his home, it was a scene too macabre for any person
to endure.”
- “Clearly a traumatic event of unique substances and
proportions so devastating to a person as he innocently returns to his home,”
continues Dr. Golden.
- Dr. Wilfred Van Gorp, Director Neuropsychology, Columbia University,
states of Plaintiff, “The MMPI-2 reveals him to be in a high level of
psychological distress at this time.”
- Dr. Paula Feinstein, Ph.D. states, “he appeared stunned and
disoriented by the events that had transpired during the
previous week-end.” She goes on to note, “During the months
that followed, Mr. Farash increasingly felt alien and uncomfortable in his
apartment and he took flight whenever possible in order to escape.”
- Dr. Golden agrees Plaintiff was traumatized noting “[the incident]
resulted in profound changes….. Mr. Farash became quite reclusive….
Mr. Farash who always evidenced a demonstrable sense of ethical behavior was
now continually ruminating about the ill-will and indecency of his realtor.”
- Bayard was asked what she thought happened in Plaintiff’s apartment and
she responded “Without being a doctor myself, I would describe what it
was psychotic incident and I know that she left your home in a
terrible disarray.”
- Bayard, states “Yes, understandably … It was a very alarming
incident, it doesn’t happen very often, if at all. I’ve
never heard of a similar situation.”
- Dr. Laurence Tancredi, MD, JD, forensic psychiatrist
and renowned author, on psychiatric evaluation, states of Plaintiff, “When…
the real estate agent, jumped out of the closet naked, screaming, as Daniel
Farash opened the door to his apartment, Daniel experienced the first and
perhaps most important element of Posttraumatic Stress Disorder (PTSD) … The
home invasion incident was so traumatic that it induced a startle shock
response, creating a serious reaction, which has endured and become
chronic.”
- These events were very psychologically costly to Plaintiff. Dr.
Thomas Golden, Ph.D., states, “Mr. Farash has paid a severe price, …” “Furthermore,
in the ensuing days the distress the Plaintiff experienced was greatly
heightened by Defendant’s unwillingness to take proper steps to alleviate
the consequences of Johnson’s breakdown in Defendant’s apartment.”
- Dr. Golden states, “Clearly the tragic event of February 2, 2003,
and the total absence of any good-willed response from the realty company
significantly contributed to the despair suffered by Mr. Farash.”
- In a friend’s affidavit she states, “When I was told of
Julie’s unfortunate breakdown, I was not, even for a minute, surprised.
It seemed inevitable that the emotional condition I saw Julie in would
adversely affect her work.”
- “In the late summer of 2007, Julie told me that her boss,
Fred Peters, knew that she was very ill during the weeks if not months
before Dan’s open house and that because of that he even went with Julie to
therapy on the Friday before the open house. She stated that Fred knew
she was too unstable to work at the time.”
- A former Warburg employee, states “I CAN tell you that
Warburg was definitely aware of Julie’s mental state for many years.”
The following is from plaintiff’s second day (3/9/06) of testimony at
deposition by Defendant’s counsel:
A.
Okay. I hired the firm, Ashforth Warburg, I signed a contract.
The contract had three signatures from three different people who worked for
that organization.
…
Q. Do you know how Mr.
Peters first learned about the incident?
A. No,
and I would like to know because on that … Tuesday when he was apologizing,
on that Tuesday he knew a lot more than I knew. So he claimed.
- April 6, 2006 Frederick Peters was produced for deposition. Fred
Peters admits that prior to the incident he had received multiple complaints
from several personnel within his organization and was aware that Ms. Bayard
had numerous meetings with members of his real estate agency regarding [Jane
Doe’s] increasingly irrational behavior.
- Defendant’s President Fred Peters responded when asked about when he
first noticed Johnson’s mental deterioration and testified “after the
holidays, so probably early in January [2003].” Others state
agent was deteriorating for about a year. Of prior knowledge,
defendant’s own President admits that he possessed prior knowledge of
Johnson’s propensity for unusual behavior.
- Frederick Peters admits to management level meetings with colleagues
at AWA some which actually included Johnson herself regarding Johnson’s
deteriorating emotional and unstable condition. One such meeting
included a conversation between AWA management and Agent Johnson’s
psychotherapist which occurred approximately two days before the open
house.
Q. When did you have the conversation with the therapist?
A. Third week in January maybe.
Q. Did you have any conversations in January 2003 with her about
those concerns?
A. Yes
- Agent Johnson’s severe emotional deterioration was well known to her
employer, as well as co-workers and other industry and non-industry
individuals. As testified to in several depositions:
Q. Did you leave at the end of the open house with Julie Johnson?
MECKLER: A. No.
Q. Did you leave before her or after her?
MECKLER: A. Before.
Q. Did you observe in 2001 Julie Johnson engaging in any unusual
behavior?
A. I don’t remember.
Q. Did you notice in 2002 Julie acting irrational, bizarre,
difficult in 2002?
A. I don’t remember those words.
Q. What if anything did you observe in 2003 regarding Julie
Johnson’s manner, behavior?
A. On a specific day?
Q. Sure?
A. I don’t know how to answer that question.
Q. Do you recall any unusual behavior?
THE WITNESS: Yes.
Q. Did Julie evoke any emotion in you that was unpleasant in
this time period of December, January, or up until the termination of my
agreement?
A. Yes.
...
Q. Would you kindly share with me the sum and substance of what you do
recall of that conversation?
A. Anything that you were concerned about you just were wondering if
she was … if she was okay, and you also asked me if it was a typical
behavior.
Q. Would you mind sharing that?
A. I said that she was definitely doing things that were probably – I
use the term loony or crazy or something like that…
Q. In your words did Ms. Johnson behave loony or crazy during the open
house?
MS. SCHRERO: Objection.
A. Yes in my words.
- Johnson’s friend states that: “In my interactions in the six
or so months prior to her psychotic breakdown in Daniel Farash’s home, I saw
clearly, that she was an alcoholic. She drank during her work days,
before meetings, during lunch, in the early afternoon and evening. She
always had several drinks at one time.”
- In Johnson’s friend affidavit dated November 27, 2007, she states that,
“Julie also told me she was having paranoid thoughts. She described
one episode she experienced in the fall of 2002. She said that at times she
thought the messages were being sent to her from inanimate objects in the
environment. . . The messages were menacing, violent,
Stephen King like messages, which she said were meant just for her.”
- In her deposition, when asked why she would leave Johnson alone in
plaintiff’s home, Meckler stated: “I didn’t think about that.”
When asked why she did not attend the virtual tour on Monday the following
day, Meckler stated: “No reason. I probably didn’t want to go,”though
the evening earlier she said in her own words that Johnson had been “losing
it” and was in no condition to work. As reported by Meckler in an
e-mail to Peters, “I can only attest to the fact that I did tell him
[Farash] (“after her breakdown”) that at the open house she [Johnson]
was “losing it”. I also told him that people in the
office had been concerned for her.”
- Defendant’s President Peters was deposed and testified as follows:
Q. Who expressed those concerns?
A. I believe Linda expressed them, I believe Kate expressed them and I
certainly discussed them with Jane. She also expressed them to me.
A. Joe.
- Defendant knowingly allowed Johnson to become increasingly
destructive for days in plaintiff’s home with access to alcohol, and other
dangerous objects (before, during and after the open house), with full
knowledge by defendant of Agent Johnson’s increasingly unstable and
dangerous behavior. Defendant knew of Johnson’s deteriorating condition and
that Johnson was not capable of performing her duties. Meckler stated that
defendant’s management was extremely aware of Johnson’s mental and emotional
instability on several occasions, including during the open house.
Meckler also stated to plaintiff that management was completely aware of
Johnson’s disorderly actions during the open house.
- During her deposition, Bayard displayed both a lack of understanding of
the events in question, as well as a realization that something terrible had
befallen the plaintiff:
Q. Are you aware of some of the things that were said during the
incident by Julie to me?
A. You mean when you got [there] – you found her in your
apartment?
Q. Do you know if it had any impact on me?
A. I was told it did
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WARBURG REALTY CLIENT PROMOTIONAL BROCHURE