Q&A
Questioning Mastro's litigation tactics in the Lucerne Hotel case
1:37:44
·
3 min
Council Member Ayala questioned Mastro about his controversial litigation tactics in the Lucerne Hotel case, specifically the use of private investigators to photograph a homeless activist. Mastro attempted to defend his actions as necessary for legal reasons.
- Ayala described how Mastro hired private investigators disguised as plumbers to photograph a homeless activist
- The photograph was included in court documents, which Ayala characterized as harassment
- Mastro tried to explain the legal context, citing the need to prove the individual had moved out of the Lucerne
- Ayala expressed her disturbance at these tactics, questioning how the public could trust Mastro after such incidents
Diana Ayala
1:37:44
Okay.
1:37:45
We we we understand.
1:37:46
You have a lot of cement.
UNKNOWN
1:37:47
We're
Diana Ayala
1:37:47
in the room, and we will gladly hear from those folks, and that information is on record.
1:37:51
Don't think that, you know, this is a question of, you know, whether or not you support individuals that are on house, but rather there was an a situation that occurred that was the cry of nimbism.
1:38:05
Where you were the representative attorney.
1:38:07
But I would like to move forward, Mister Mashrou, during this litigation, you hired private investigators disguised as plumbers who gained entry to the residents of a homeless activist.
1:38:17
Once inside, investigators took a photo of the activist undressed and without his knowledge, and you decided to include that photo and documents submitted to the court.
1:38:26
In fact, the activist attorney moved to strike this photo from the record which you sellously oppose.
1:38:33
In response to this shocking and unacceptable litigation tactic, the Department of Homeland Services commented that it was, quote, absolutely egregious invasion of his privacy, unquote, and the activist attorney argued.
1:38:44
That the only reason that it was included in the record was to quote, harass, embarrass, and humiliate him publicly, unquote.
1:38:52
Are these sort of questionable litigation tactics that you'll be teaching law department attorneys?
Randy Mastro
1:38:57
Okay.
1:38:59
Of course, the way you have framed the question doesn't capture what really was happening from a legal standpoint.
1:39:08
So let me explain briefly.
1:39:12
The The need please
Diana Ayala
1:39:14
The question here is, will you teach this is this a tactic that you're gonna be teaching attorneys?
Randy Mastro
1:39:18
Please counsel, a woman.
1:39:20
I when you ask me a question like that, you have to please give me the opportunity to respond.
1:39:25
The fact of the matter was that standing was an issue in the case.
1:39:29
Standing meaning legally that we had when men moved out of the Lucerne, like some of the clients I represented who wanted to move downtown.
Diana Ayala
1:39:38
That's not the question, Mister Mashilo.
Randy Mastro
1:39:40
Please cancel When they moved out of the Lucerne, you you don't have standing to maintain the suit any longer.
1:39:47
This individual had moved out of the Lucerne, so I had to prove that that individual had moved out of the Lucerne because it was a a dispositive issue in the litigation.
1:39:57
And at every phase in the courts, including that phase, the courts held that, yes, I was right and what I did improving there was no standing.
1:40:06
The case ended up being dismissed, challenging, removing people from the Lucerne.
1:40:10
I DON'T THINK THE DEPARTMENT OF HOMAS SERVICES AT THAT MOMENT REALIZE THE CONTEXT, THE LEGAL CONTEXT
Bridget Anne Kelly
1:40:16
EVEN WHICH THERE'S
Diana Ayala
1:40:16
A CONTEXT BUT
Randy Mastro
1:40:17
SO ALL I'M SAYING IS THAT THERE WAS A LEGAL OBVIACATION TO PROVIDE WITH THAT INDIVIDUAL No LONGER LIVID
Diana Ayala
1:40:24
FROM THE MESTERO.
Randy Mastro
1:40:26
Thank you, counsel.
Diana Ayala
1:40:26
You know, can can the pop I mean, having heard that, you know, I'm I'm very disturbed by that.
1:40:32
I'm very disturbed by that.
1:40:34
You know, as as as I'm sitting here just rereading it, and I and I had that information prior to to the How do you expect the public to trust that you're gonna conduct litigation on behalf of the city with integrity and protect the dignity and the privacy of Unhouse New Yorkers after that type incident occurred on the Yule watch.
Randy Mastro
1:40:53
I I I respectfully suggest that everything I did was proper and ethical.
1:41:00
I mean, because I please counsel them.
1:41:02
I I because I had to prove you lack
Vickie Paladino
1:41:04
an epidemic.
1:41:05
Yeah.
Randy Mastro
1:41:05
But when the individual involved says I understand, and I'm here to support you to become corporation counsel, I think that's a lot more meaningful than press releases that you're quoting from.
1:41:16
So it's not a pleasure about the home.
Diana Ayala
1:41:17
Well, I don't wanna wanna care about this.