Preview
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
Exhibit C
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
THE RUSSELL FRIEDMAN
L A W G R O U P , L L P
CHARLES HORN
PARTNER
DIRECT TEL: 516.355.9694
DIRECT FAX" 516.355.9695
CHORN@RFRIEDMANLAW.COM
November 15, 2021
VIA CERTIFIED MAIL/RRR
Arihay Kaikov
65-38 Booth Street, #2H
Rego Park, New York 11374
VIA SECRETARY OF STATE
Pacific 2340 Corp.
Attn.: Arihay Kaikov
204 Centre Island Road
Oyster Bay, New York 11771
Royal A&K Realty Group Inc.
Attn.: Arihay Kaikov
96-62 Queens Boulevard
Rego Park, New York 11374
A & E R.E. Management Corp.
Attn.: Arihay Kaikov
382 IU Willets Road
Roslyn Heights, New York 11577
NY Prime Holding LLC
Attn.: Arihay Kulikov
219-26 Peck Avenue
Queens Village, New York 11427
AG Realty Bronx Corp.
Attn.: Arihay Kaikov
118-21 Queens Boulevard, Suite 418
Forest Hills, New York 11375
Re: Chalamo Kaikov v. Arihay Kaikov, etat
Docket No.: 19-CV-2521; File No.: L2805/L3059
Dear Mr. Kaikov:
Please allow this letter to serve as a final request to pay your outstanding balance with
respect to the above-referenced matter. To memorialize, on May 29, 2019, you signed a Retainer
400 GARDEN CITY PLAZA, SUITE 500, GARDEN CITY, NEW YORK 1 1530
T 5 1 6.355.9696 I F 5 16.355.9697 I RFRIEDMANLAWGROUP.COM
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
November 15, 2021
Letter to Kaikov re:Outstanding Balance
Page 2
Agreement (the "Agreement") retaining my firm to handle the above-referenced matter pending
in the United States District Court, Eastern District of New York. The Complaint listed you,
individually, as well as Pacific 2340 Corp. (hereinafter, "Pacific 2340"), Royal A&K Realty
Group, Inc. (hereinafter, "Royal A&K), A&E.R.E. Management Corp. (hereinafter,
"A&E.R.E"), NY Prime Holding, LLC (hereinafter, "NY Prime"), and AG Realty Bronx Corp.
(hereinafter, "AG Realty") (collectively, the "Kaikov Defendants"). The Complaint also listed
the Kaikov Defendants retained law firm, Shiryak, Bowman, Anderson, Gil and Kadochnikov,
alleging four counts of Civil RICO pursuant to 18 U.S.C. 1962(a)-(d), fraud and numerous
pendent state law causes of actions. My office was then paid $20,000.00 for the initial work on
your case in accordance with the Agreement, against which hourly fees shall be billed. See
Exhibit "A".
Once our office was retained, we engaged immediately and proceeded to file a motion to
dismiss the Complaint. Thereafter, Magistrate Reyes held a conference and Plaintiff was
permitted to file an Amended Complaint. Again, our office filed a motion to dismiss the
Amended Complaint and engaged in discovery in the interim. Specifically, demands for
interrogatories and document demands were served by Plaintiff against all the Kaikov
Defendants, requiring lengthy responses. Our office also served interrogatories and document
demands to Plaintiff in accordance with the Scheduling Order, while we awaited a decision on
the motion to dismiss to not prejudice your rights to engage in discovery if the motion was to be
denied.
On December 27, 2019, Plaintiff filed an application for a preliminary injunction seeking
to prohibit the Kaikov Defendants from selling, transferring, conveying, mortgaging, liening,
encumbering, taking any action to impair the value of, or otherwise disposing of the properties
subject to this litigation, freezing various bank accounts associated with the venture that total in
excess of $1,500,000.00 and mandating disclosure of all your personal assets and those of your
companies.
Once again, our office responded swiftly and filed opposition to the motion for a
preliminary injunction and motion for a temporary restraining order. I then appeared for oral
argument on the motion to dismiss the Amended Complaint, motion for a preliminary injunction
and motion for a temporary restraining order. I was able to get the law firm dismissed at oral
argument, providing the Kaikov Defendants with a tremendous advantage to get the RICO and
fraud cases dismissed. I also successfully defeated both the application for a preliminary
injunction and temporary restraining order, at oral argument. Judge Weinstein reserved decision
on the motion to dismiss the Amended Complaint and then retired. The case was then transferred
to Judge Dearcy Hall and referred to Magistrate Reyes for Report and Recommendation on the
motion to dismiss the Amended the Complaint.
Surprisingly, on July 16, 2020, my office was advised that Alex Kadochnikov would be
taking over representation of the Kaikov Defendants in this matter and was sent a consent to
change attorney form, which was filed on July 29, 2020. On October 5, 2020, Magistrate Reyes
issued a Report and Recommendation dismissing the entire Amended Complaint upon my
office's motion, with the exception of one state law cause of action for unjust enrichment as
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
November 15, 2021
Letter to Kaikov re:Outstanding Balance
Page 3
against the Kaikov Defendants. My office spent significant time and resources fighting the
Amended Complaint, the motion for a preliminary injunction and motion for a temporary
restraining order. As a direct result of our hard work, we were able to procure favorable
decisions on behalf of the Kaikov Defendants on each respective motion.
Since then, my office has been extremely patient regarding your outstanding balance,
which is currently $44,503.35, annexed hereto as Exhibit "B". I have tried to meet with you to
work out the remaining balance on multiple occasions, however, we were unable to reach an
agreement. You indicated that you have no desire to work out the retainer. As such, please allow
this letter to serve as a formal demand for the remaining balance of $44,503.35 within sixty (60)
days of this letter. If you would like to arbitrate this dispute, please respond back within thirty
(30) days from the receipt of this letter. I have enclosed the fee arbitration documents for your
convenience along with a Notice to Arbitrate, annexed hereto as Exhibit "C".
Should you have any questions, please call me at 516.355.9691. Thank you.
Very truly yours,
THE RUSSELL FRIEDMAN LAw GROUP, LLP
By: /s/Charles Horn
Charles Horn
Enclosures
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
EXHIBIT A
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
RETAINER AGREEMENT TO PROVIDE LEG AL SERVICES
THIS AGREEMENT, dated May 29, 2019 ismade by and between the undersigned
clientsARIHAY KAIKOV, PACIFIC 2340 CORP., ROYAL A&K REALTY GROUP
INC., A&E.R.E. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG
REALTY BRONX CORP. ("Clients") and THE RUSSELL FRIEDMAN LAW
GROUP, LLP ("Firm") located at3000 Marcus Avenue, Suite 2E03, Lake Success, New
York under the following terms:
1. The Russell Friedman Law Group, LLP agrees to undertake the
representation of the above-named Clients in the United States Dist rictCourt, Eastern
District of New York action entitled Chalamo Kaikov v. Arihoy Kaikov, et al., under
Docket No. 19-CV-02521.
2. The Finn cannot state what the final professional fee and other expenses
will be. This will depend on the time spent on your case and the amount of such other
expenses, ifany. The Clients will provide an initialrninimum retainerto the Law Office of
lichael 1 Alber, P.C., against which the following hourly charges shall be billed:
A. The following hourly rates willapply:
Partners $450.00
Associates $375.00
Senior Paralegals $195.00
Paralegals $165.00
B. The Clients will be billed at the hourly rate set forth above for all
services rendered, including travel time to and from Court and/or meetings. This includes
telephone calls,dictating and reviewing travel
letters, time toand from meetings and court,
legal research, negotiations and any other service relating to thismatter. The hourly rates
apply to all time expended relative to your Inatter,including, but not limited to,office
meetings and conferences, telephone callsand conferences, either placed by or placed to
you, or otherwise made or had on your behalf or relatedto your matter, preparation, review
and revision of correspondence, legal documents, or any other documents, memoranda, or
papers relativeto your matter, legal research, court appearances, conferences, filereview,
preparation time, travel time, and any other time expended on behalf of or in connection
with your matter. The hourly billing willbe billing against the minimum retainer untilsuch
time as the minimum retainer isexpended
3. A. Regardless ofhow thismatter isdisposed,i.e. by way of a settlement
agreement or by judgment by the court of the issues involved in your case, etc.. the
aforementioned retainer fee shall be the minimum fee charged to you, i.e.,there willbe no
refund of the unused portion of the retainer fee, regardless of the quantity of hours
expended by this Firm at the lime of disposition. However, 110twithstanding the above. if
you discontinue our services prior to a disposition of your matter by agreement or judgment
3000 MARCUS AVENUE, SUIrE 2E03, LAKE SUCCESS, NEW YORK 1 1042
T 516.355.9696 I F Si6,355.9697 | RFRIEDMANLAWGROUP.COM
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
May 29, 2019
Kaikov Retainer Agreesnent-L2805
Page 2
ofthe court, or ifthisfirm isrelieved as your attorneys by court order, any unearned portion
of the retainer fee you advanced to thisfirm shallbe refunded to you.
B. You agree to pay us such fees and to reimburse us for our advances
on your behalf that may be due from time to time not later than 15 days from the date that
we shallsubmit a billto you for same.
C. You will be billed periodically, generally, each month, but in no
event less frequently than every 60 days. Included in the billing will be a detailed
explanation of theservices rendered, by whom, and the disbursements incurred by our finn
in connection with this matter. Upon receipt of our bill,you are expected to review the bill
and promptly bring to our attention any objections you may have to the bill. While we
strive to keep perfectl y accurate úme records, we recognize the possibility of human error,
and we shall discuss with you any objections you raise to our bill.You will not be charged
for time expended in discussing with us any aspect of the billrendered to you. You agree
to pay us such fees and to reimburse us for our advances on your behalf that may be due
from time to time not later than 15 days from the date thatwe shall submit a billto you for
same.
D. You are advised thatif,in the judgment of this firm, we decide that
there has been an irretrievable breakdown in the attorney-client relationship, or a material
breach of the terms of this retainer agreement, we may decide to make application to the
court in which your action is pending to be relieved as your attorneys. In such event, you
will be provided with notice ofthe application and an opportunity to be heard. Should any
fees be due and owing to this firm at the time ofour discharge, we shall have the right,in
addition to any other remedy, to seek a charging lienagainst allofyour property and papem
in our possession.
4. The hourly rates set forth in this retainer agreement will remain in effect
through the calendar year in which theretainer isentered unless changed by mutual consent
of you and our firm, in which event any modification of the hourly rates shall be reduced
to writing and signed by you and our firm. Following the conclusion of the calendar year
in which thisagreement is entered, the Firm may increase the hourly rates charged under
thisagreement to the then prevailing hourly rates ofthe Firm. The Clients shallbe provided
with written notice of any such rate change prior to ittaking effect.
5. In addition to legal fees, the Clients must pay the following costs and
experts' accountants' appraisers'
expenses, ifany: fees, court costs, fees, fees, service of
process fees, investigator fees, deposition costs, messenger services, photocopying
charges, facsimile charges, scanning charges, telephone toll calls,postage, mileage at the
prevailing IRS rate, a $35 flatWestlaw usage fee per research session and other
any
necessary expenses in this matter.
6. The Firm may require that expert(s) be retained directly by you. In such
event, you would then be solely responsible to pay such expert(s).
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
May 29, 2019
KaikovRetainer Agreement-L2805
Page 3
7. The Clients agree to provide allinformation relevant to the issues involved
in thismatter. The Clients must also pay allbills as required by thisAgreement.
8. The Firm agrees to provide conscientious, competent and diligentservices
and at all times will seek to achieve solutions that are just and reasonable for you.
However, because of the uncertainty of legal proceedings, the interpretation and changes
in the law and many unknown factors, the Firm cannot and does not guarantee results or
Clients'
the final outcome of the case. We have informed you that pursuant to court rule,
we are required, as your attorneys, to certify court papers submitted by you, which contain
statements of fact,and specifically to certify that we have no knowledge thatthe substance
ofthe submission is false.Accordingly, you agree to provideus with complete and accurate
information which forms the basis of court papers and to certifyin writing to us, priorto
the time the papers are actually submitted to the Court, the accuracy of the court
submissions which we prepare on your behalf, and which you shall review and sign.
9. While we seek to avoid any fee disputes with our clients, and rarelyhave
we had such disputes, in the even such a dispute does arise,you are advised that you have
the right, atyour election, to seek arbitration to resolve the fee dispute. In such event, we
shall advise you inwriting by certified mail that you have 30 days from receipt of such
notice in which to elect to resolve the dispute by arbitration, and we shallenclose a copy
of the arbitration rules and a form for requesting arbitration. The decision resulting from
arbitration is binding upon both you and thisfum.
I0. The Clients and the Firm bave read and agree to this Agreement and
recognize that no other agreements exist between the panies.
THE RUS E .L F]rEDMAN LA W/GROUP, LLP
Date: 2 (
/f
BY: CHARLES HORN
Date: J ,_,..
BY: UHAY KAIKOV, individually
PACIFIC 2340 CORP.
Date:
BY: AR V KAlKOV
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
May 29, 2019
Kaikov Retainer Agreement-L2805
Page4
ROYAL A&,K REALTY GROUP INC.
Date: __
BY: /,ARIHAY KAIKOV
A&E.R.E. MANAGEMENT CORP.
Date:
BY: / RIH AY KAIKOV
NY PRIME HOLDING LLC
Date:
BY: · 4 KAIKOV
AG REALTY BRONX CORP.
Date:
BY: A KAIKOV
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
EXHIBIT B
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
L
January 14, 2021
Invoice # 15839
Billingthrough
Arihay Kaikov
Matter # L2805
65-38 Booth Street, #2H
Rego Park, NY 11374 Federal Tax ID 46-5092830
Arihay Kaikov
Kaikov, Arihay, et al.adv. Kaikov, Chalamo
L2805
Professional Services
His/Rate- Amount
9/3/2020 DH Sent Alex Kodochnikov responses to Plaintiff's
demands, 0.10 3/.60
$375.00/hr
For professional services rendered 0.10 $37.50
Previous balance $44,465.85
Balance due $44,503.35
Timekeeper Summary
Name Hours Rate Amount
Daniel Hallak 0.10 375.00 $37.50
400 GARDEN CITY PLAZA, SUITE 500
GARDEN CITY, NEW YORK 11530 T 516.355.9696 F 516.355.9697
www.rfriedmanlaw.com
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
September 24, 2019
Invoice # 15009
Billingthrough
Arihay Kaikov
Matter # L2805
65-38 Booth Street, #2H
Rego Park, NY 11374 Federal Tax ID 46-5092830
Arihay Kaikov
Kaikov, Arihay, et al.adv. Kaikov, Chalamo
L2805
Professional Services
Hrs/Rate Amount
5/24/2019 DH Looked over complaint and drafted questions to send toSteven Zalewski 1.20 450,00
inadvance of meeting on Wednesday at Michael Alber's office $375.00/hr
5/30/2019 DH Went over Complaint and did some research forthe meeting. Printed all 2.80 1,050.00
the documents and then met with Ari Kaikov at Michael Alber's officewith $375.00/hr
CH, Steve Zalewski and Michael Alber regarding new matter. Discussed
facts and plan of action
6/17/2019 DH Review Complaint and conduct research regarding motion to dismiss. 3.70 1,387.50
S375.00/hr
6/19/2019 DH Spoke with Steven Zalewski with Charles Horn regarding plan of action. 0.30 112.50
$375.00/hr
DH Digest complaint in preparation for drafting motion to dismiss 3.20 1,200.00
$375.00/hr
7/3/2019 CH Draft letterto Court re: extension of time to answer/move. File same, 0.50 225.00
with stipulation,via ECF $450.00/hr
CH DraftNotice of Appearance; filesame via ECF 0.40 180.00
$450.00/hr
7/9/2019 DH Spoke with Maria Temkin and out
filled Stipulation to extend Kaikov's 0.90 337.50
time to move against Complaint. Filed letterapplication with the Court $375.00/hr
and spoke with Steven Zalewski.
3000 MARCUS AVENU E, SUITE 2E 3
LAKE SUCCESS, NEW YORK 1 1 042 T 516.355
9696 F 516 355.9697
www.rfriedmanlawcom
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
Arihay Kaikov Page 2
Russell Friedman & Associates, LLP Invoice # 15009
Hrs/Rate Amount
7/9/2019 DH Started todraft motion todismiss. Pulled allthe complaints from the state 1.30 487.50
court actions. Only saw two of them and contacted Steve Zalewski to see $375.00/hr
where the other complaint is filed.
7/11/2019 DH Left a message for Dustin Bowman to get Complaint forthe state court 1.80 675.00
action I cannot find on NYS ECF. Continued toresearch formotion to $375.00/hr
dismiss.
7/19/2019 DH Continued to draftmotion to dismiss. 2.70 1,012.50
$375.00/hr
7/22/2019 CH Receipt and review ofcorrespondence regarding the scheduling order. 0.20 90.00
Drafted response tosame. $450.00/hr
7/23/2019 DH Continued draftingmotion to dismiss and researched Russian national 4.60 1,725.00
ability tobring Civil RICO here inthe United States $375.00/hr
CA Research re:standard of review for Rule 12(b)(6) motions 1.10 495.00
$450.00/hr
. CA Resear-chre:_standard-of review for moftons- - - 9.0_____ _
Rule.9(b) 0 405.00
$450.00/hr
CA Research re:Rule motion to dismiss - argument -18 USC 1.60 720.00
12(b)(6)
1962(a) $450.00/hr
CA Research re: Rule motion to dismiss - argument - 18 USC 1.40 630.00
12(b)(6)
1962(b) $450.00/hr
7/24/2019 DH Continued to research and draftmotion to dismiss complaint. 5.40 2,025.00
$375.00/hr
CA Draft/Revise re: Rule motion to dismiss - Statement of Facts 2.67 1,200.00
12(b)
$450.00/hr
CA Draft/Revise re: Rule motion to dismiss - standard of review 2.80 1,260.00
12(b)(6)
$450.00/hr
CA Research re:Rule motion to dismiss - Argument - Lack of 2.25 1,012.50
12(b)(6)
Specificity $450.00/hr
CA Research re: Rule motion to dismiss - Argument - the 1.30 585.00
12(b)(6) Piercing
Corporate Veil $450.00/hr
7/25/2019 CA Research re:Standing relatingto 911 Realty Corp 1.50 675.00
$450.00/hr
CA Research re:Statute of Frauds 1.25 562.50
$450.00/hr
3000 MARCUS AVENU E, SUITE 2E 3
LAKE SUCCESS, NEW YORK 1 1 042 T 516.355.9696F 516.355.9697
www rfriedmanlaw.com
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
Arihay Kaikov Page 3
Russell Friedman & Associates, LLP Invoice # 15009
Hrs/Rate Amount
7/25/2019 DH Continued researching and draftingmotion to dismiss. Looked at 5.60 2,100.00
retaliatorylawsuits and Rico charges $375.00/hr
CA Draft/Revise re: Rule motion to dismiss - Argument - Statute of 1.83
12(b)(6) 825.00
Frauds $450.00/hr
CA Draft/Revise re:Rule motion to dismiss - Argument - 18 USC 3.80
12(b)(6) 1,710.00
1962(c) $450.00/hr
CA Draft/Revise re: Rule 12(b)(6) motion to dismiss - Argument - Lack of 2.80 1,260.00
Specificity $450.00/hr
7/26/2019 CA Draft/Revise declaration re: Rule 12(b)(6) motion to dismiss 0.90 405.00
$450.00/hr
DH Continued to research and draftmotion to dismiss complaint. Spoke to 4.47 1,675.00
Ari Kaikov and integrated the documents he provided intothe Complaint. $375.00/hr
CH Receipt and review of correspondences from Plaintiff's
counsel. Phone 0.40 180.00
callwith Ms. Temkin. Updated fileoutlineto reflectsame. $450.00/hr
CI I Assisted inthe preparation of the Motion to Dismiss. 1.20 540.00
$450.00/hr
7/29/2019 DH Continued to research and draft motion to dismiss. Did more research 9.10 3,412.50
and conferred with CH who is making edits forme to integrate. Drew up $375.00/hr
Notice ofMotion and Declaration in support of Motion to dismiss and had
everything scanned forfilingon ECF. Filed Notice of Appearance.
Conferred with CH regarding editsto draft.
CA Research 18 USC 1962(b) insupport of our Rule 12(b)(6) motion to 1.40 630.00
dismiss. $450.00/hr
CA Draft argument re: 18 USC 1962(b) insupport of our Rule 12(b)(6) motion 1.30 585.00
to dismiss $450.00/hr
7/30/2019 CA Research Statute of limitationsin support of our motion to dismiss 1.40 630.00
$450.00/hr
CA Draft and revised argument relating to statute of limitationsinsupport of 1.40 630.00
our motion to dismiss. $450.00/hr
CA Reviewed and revised motion to dismiss 4.60 2,070.00
$450.00/hr
DH Went through edits with CH. Finished drafting motion to dismiss. Filed 11.70 4,387.50
documents on ECF $375.00/hr
PK Draft table of authoritiesfor the MOL 1.33 500.00
$375.00/hr
3000 MARCUS AVENU E, SUITE 2E 3
LAKE SUCCESS, NEW YORK 1 1 042 T 516 355.9696F 516.355.9697
www rfriedmanlawcom
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022
Arihay Kaikov Page 4
Russell Friedman & Associates, LLP Invoice # 15009
Preview
FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 Exhibit C FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 THE RUSSELL FRIEDMAN L A W G R O U P , L L P CHARLES HORN PARTNER DIRECT TEL: 516.355.9694 DIRECT FAX" 516.355.9695 CHORN@RFRIEDMANLAW.COM November 15, 2021 VIA CERTIFIED MAIL/RRR Arihay Kaikov 65-38 Booth Street, #2H Rego Park, New York 11374 VIA SECRETARY OF STATE Pacific 2340 Corp. Attn.: Arihay Kaikov 204 Centre Island Road Oyster Bay, New York 11771 Royal A&K Realty Group Inc. Attn.: Arihay Kaikov 96-62 Queens Boulevard Rego Park, New York 11374 A & E R.E. Management Corp. Attn.: Arihay Kaikov 382 IU Willets Road Roslyn Heights, New York 11577 NY Prime Holding LLC Attn.: Arihay Kulikov 219-26 Peck Avenue Queens Village, New York 11427 AG Realty Bronx Corp. Attn.: Arihay Kaikov 118-21 Queens Boulevard, Suite 418 Forest Hills, New York 11375 Re: Chalamo Kaikov v. Arihay Kaikov, etat Docket No.: 19-CV-2521; File No.: L2805/L3059 Dear Mr. Kaikov: Please allow this letter to serve as a final request to pay your outstanding balance with respect to the above-referenced matter. To memorialize, on May 29, 2019, you signed a Retainer 400 GARDEN CITY PLAZA, SUITE 500, GARDEN CITY, NEW YORK 1 1530 T 5 1 6.355.9696 I F 5 16.355.9697 I RFRIEDMANLAWGROUP.COM FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 November 15, 2021 Letter to Kaikov re:Outstanding Balance Page 2 Agreement (the "Agreement") retaining my firm to handle the above-referenced matter pending in the United States District Court, Eastern District of New York. The Complaint listed you, individually, as well as Pacific 2340 Corp. (hereinafter, "Pacific 2340"), Royal A&K Realty Group, Inc. (hereinafter, "Royal A&K), A&E.R.E. Management Corp. (hereinafter, "A&E.R.E"), NY Prime Holding, LLC (hereinafter, "NY Prime"), and AG Realty Bronx Corp. (hereinafter, "AG Realty") (collectively, the "Kaikov Defendants"). The Complaint also listed the Kaikov Defendants retained law firm, Shiryak, Bowman, Anderson, Gil and Kadochnikov, alleging four counts of Civil RICO pursuant to 18 U.S.C. 1962(a)-(d), fraud and numerous pendent state law causes of actions. My office was then paid $20,000.00 for the initial work on your case in accordance with the Agreement, against which hourly fees shall be billed. See Exhibit "A". Once our office was retained, we engaged immediately and proceeded to file a motion to dismiss the Complaint. Thereafter, Magistrate Reyes held a conference and Plaintiff was permitted to file an Amended Complaint. Again, our office filed a motion to dismiss the Amended Complaint and engaged in discovery in the interim. Specifically, demands for interrogatories and document demands were served by Plaintiff against all the Kaikov Defendants, requiring lengthy responses. Our office also served interrogatories and document demands to Plaintiff in accordance with the Scheduling Order, while we awaited a decision on the motion to dismiss to not prejudice your rights to engage in discovery if the motion was to be denied. On December 27, 2019, Plaintiff filed an application for a preliminary injunction seeking to prohibit the Kaikov Defendants from selling, transferring, conveying, mortgaging, liening, encumbering, taking any action to impair the value of, or otherwise disposing of the properties subject to this litigation, freezing various bank accounts associated with the venture that total in excess of $1,500,000.00 and mandating disclosure of all your personal assets and those of your companies. Once again, our office responded swiftly and filed opposition to the motion for a preliminary injunction and motion for a temporary restraining order. I then appeared for oral argument on the motion to dismiss the Amended Complaint, motion for a preliminary injunction and motion for a temporary restraining order. I was able to get the law firm dismissed at oral argument, providing the Kaikov Defendants with a tremendous advantage to get the RICO and fraud cases dismissed. I also successfully defeated both the application for a preliminary injunction and temporary restraining order, at oral argument. Judge Weinstein reserved decision on the motion to dismiss the Amended Complaint and then retired. The case was then transferred to Judge Dearcy Hall and referred to Magistrate Reyes for Report and Recommendation on the motion to dismiss the Amended the Complaint. Surprisingly, on July 16, 2020, my office was advised that Alex Kadochnikov would be taking over representation of the Kaikov Defendants in this matter and was sent a consent to change attorney form, which was filed on July 29, 2020. On October 5, 2020, Magistrate Reyes issued a Report and Recommendation dismissing the entire Amended Complaint upon my office's motion, with the exception of one state law cause of action for unjust enrichment as FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 November 15, 2021 Letter to Kaikov re:Outstanding Balance Page 3 against the Kaikov Defendants. My office spent significant time and resources fighting the Amended Complaint, the motion for a preliminary injunction and motion for a temporary restraining order. As a direct result of our hard work, we were able to procure favorable decisions on behalf of the Kaikov Defendants on each respective motion. Since then, my office has been extremely patient regarding your outstanding balance, which is currently $44,503.35, annexed hereto as Exhibit "B". I have tried to meet with you to work out the remaining balance on multiple occasions, however, we were unable to reach an agreement. You indicated that you have no desire to work out the retainer. As such, please allow this letter to serve as a formal demand for the remaining balance of $44,503.35 within sixty (60) days of this letter. If you would like to arbitrate this dispute, please respond back within thirty (30) days from the receipt of this letter. I have enclosed the fee arbitration documents for your convenience along with a Notice to Arbitrate, annexed hereto as Exhibit "C". Should you have any questions, please call me at 516.355.9691. Thank you. Very truly yours, THE RUSSELL FRIEDMAN LAw GROUP, LLP By: /s/Charles Horn Charles Horn Enclosures FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 EXHIBIT A FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 RETAINER AGREEMENT TO PROVIDE LEG AL SERVICES THIS AGREEMENT, dated May 29, 2019 ismade by and between the undersigned clientsARIHAY KAIKOV, PACIFIC 2340 CORP., ROYAL A&K REALTY GROUP INC., A&E.R.E. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG REALTY BRONX CORP. ("Clients") and THE RUSSELL FRIEDMAN LAW GROUP, LLP ("Firm") located at3000 Marcus Avenue, Suite 2E03, Lake Success, New York under the following terms: 1. The Russell Friedman Law Group, LLP agrees to undertake the representation of the above-named Clients in the United States Dist rictCourt, Eastern District of New York action entitled Chalamo Kaikov v. Arihoy Kaikov, et al., under Docket No. 19-CV-02521. 2. The Finn cannot state what the final professional fee and other expenses will be. This will depend on the time spent on your case and the amount of such other expenses, ifany. The Clients will provide an initialrninimum retainerto the Law Office of lichael 1 Alber, P.C., against which the following hourly charges shall be billed: A. The following hourly rates willapply: Partners $450.00 Associates $375.00 Senior Paralegals $195.00 Paralegals $165.00 B. The Clients will be billed at the hourly rate set forth above for all services rendered, including travel time to and from Court and/or meetings. This includes telephone calls,dictating and reviewing travel letters, time toand from meetings and court, legal research, negotiations and any other service relating to thismatter. The hourly rates apply to all time expended relative to your Inatter,including, but not limited to,office meetings and conferences, telephone callsand conferences, either placed by or placed to you, or otherwise made or had on your behalf or relatedto your matter, preparation, review and revision of correspondence, legal documents, or any other documents, memoranda, or papers relativeto your matter, legal research, court appearances, conferences, filereview, preparation time, travel time, and any other time expended on behalf of or in connection with your matter. The hourly billing willbe billing against the minimum retainer untilsuch time as the minimum retainer isexpended 3. A. Regardless ofhow thismatter isdisposed,i.e. by way of a settlement agreement or by judgment by the court of the issues involved in your case, etc.. the aforementioned retainer fee shall be the minimum fee charged to you, i.e.,there willbe no refund of the unused portion of the retainer fee, regardless of the quantity of hours expended by this Firm at the lime of disposition. However, 110twithstanding the above. if you discontinue our services prior to a disposition of your matter by agreement or judgment 3000 MARCUS AVENUE, SUIrE 2E03, LAKE SUCCESS, NEW YORK 1 1042 T 516.355.9696 I F Si6,355.9697 | RFRIEDMANLAWGROUP.COM FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 May 29, 2019 Kaikov Retainer Agreesnent-L2805 Page 2 ofthe court, or ifthisfirm isrelieved as your attorneys by court order, any unearned portion of the retainer fee you advanced to thisfirm shallbe refunded to you. B. You agree to pay us such fees and to reimburse us for our advances on your behalf that may be due from time to time not later than 15 days from the date that we shallsubmit a billto you for same. C. You will be billed periodically, generally, each month, but in no event less frequently than every 60 days. Included in the billing will be a detailed explanation of theservices rendered, by whom, and the disbursements incurred by our finn in connection with this matter. Upon receipt of our bill,you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectl y accurate úme records, we recognize the possibility of human error, and we shall discuss with you any objections you raise to our bill.You will not be charged for time expended in discussing with us any aspect of the billrendered to you. You agree to pay us such fees and to reimburse us for our advances on your behalf that may be due from time to time not later than 15 days from the date thatwe shall submit a billto you for same. D. You are advised thatif,in the judgment of this firm, we decide that there has been an irretrievable breakdown in the attorney-client relationship, or a material breach of the terms of this retainer agreement, we may decide to make application to the court in which your action is pending to be relieved as your attorneys. In such event, you will be provided with notice ofthe application and an opportunity to be heard. Should any fees be due and owing to this firm at the time ofour discharge, we shall have the right,in addition to any other remedy, to seek a charging lienagainst allofyour property and papem in our possession. 4. The hourly rates set forth in this retainer agreement will remain in effect through the calendar year in which theretainer isentered unless changed by mutual consent of you and our firm, in which event any modification of the hourly rates shall be reduced to writing and signed by you and our firm. Following the conclusion of the calendar year in which thisagreement is entered, the Firm may increase the hourly rates charged under thisagreement to the then prevailing hourly rates ofthe Firm. The Clients shallbe provided with written notice of any such rate change prior to ittaking effect. 5. In addition to legal fees, the Clients must pay the following costs and experts' accountants' appraisers' expenses, ifany: fees, court costs, fees, fees, service of process fees, investigator fees, deposition costs, messenger services, photocopying charges, facsimile charges, scanning charges, telephone toll calls,postage, mileage at the prevailing IRS rate, a $35 flatWestlaw usage fee per research session and other any necessary expenses in this matter. 6. The Firm may require that expert(s) be retained directly by you. In such event, you would then be solely responsible to pay such expert(s). FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 May 29, 2019 KaikovRetainer Agreement-L2805 Page 3 7. The Clients agree to provide allinformation relevant to the issues involved in thismatter. The Clients must also pay allbills as required by thisAgreement. 8. The Firm agrees to provide conscientious, competent and diligentservices and at all times will seek to achieve solutions that are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, the Firm cannot and does not guarantee results or Clients' the final outcome of the case. We have informed you that pursuant to court rule, we are required, as your attorneys, to certify court papers submitted by you, which contain statements of fact,and specifically to certify that we have no knowledge thatthe substance ofthe submission is false.Accordingly, you agree to provideus with complete and accurate information which forms the basis of court papers and to certifyin writing to us, priorto the time the papers are actually submitted to the Court, the accuracy of the court submissions which we prepare on your behalf, and which you shall review and sign. 9. While we seek to avoid any fee disputes with our clients, and rarelyhave we had such disputes, in the even such a dispute does arise,you are advised that you have the right, atyour election, to seek arbitration to resolve the fee dispute. In such event, we shall advise you inwriting by certified mail that you have 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and we shallenclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both you and thisfum. I0. The Clients and the Firm bave read and agree to this Agreement and recognize that no other agreements exist between the panies. THE RUS E .L F]rEDMAN LA W/GROUP, LLP Date: 2 ( /f BY: CHARLES HORN Date: J ,_,.. BY: UHAY KAIKOV, individually PACIFIC 2340 CORP. Date: BY: AR V KAlKOV FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 May 29, 2019 Kaikov Retainer Agreement-L2805 Page4 ROYAL A&,K REALTY GROUP INC. Date: __ BY: /,ARIHAY KAIKOV A&E.R.E. MANAGEMENT CORP. Date: BY: / RIH AY KAIKOV NY PRIME HOLDING LLC Date: BY: · 4 KAIKOV AG REALTY BRONX CORP. Date: BY: A KAIKOV FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 EXHIBIT B FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 L January 14, 2021 Invoice # 15839 Billingthrough Arihay Kaikov Matter # L2805 65-38 Booth Street, #2H Rego Park, NY 11374 Federal Tax ID 46-5092830 Arihay Kaikov Kaikov, Arihay, et al.adv. Kaikov, Chalamo L2805 Professional Services His/Rate- Amount 9/3/2020 DH Sent Alex Kodochnikov responses to Plaintiff's demands, 0.10 3/.60 $375.00/hr For professional services rendered 0.10 $37.50 Previous balance $44,465.85 Balance due $44,503.35 Timekeeper Summary Name Hours Rate Amount Daniel Hallak 0.10 375.00 $37.50 400 GARDEN CITY PLAZA, SUITE 500 GARDEN CITY, NEW YORK 11530 T 516.355.9696 F 516.355.9697 www.rfriedmanlaw.com FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 September 24, 2019 Invoice # 15009 Billingthrough Arihay Kaikov Matter # L2805 65-38 Booth Street, #2H Rego Park, NY 11374 Federal Tax ID 46-5092830 Arihay Kaikov Kaikov, Arihay, et al.adv. Kaikov, Chalamo L2805 Professional Services Hrs/Rate Amount 5/24/2019 DH Looked over complaint and drafted questions to send toSteven Zalewski 1.20 450,00 inadvance of meeting on Wednesday at Michael Alber's office $375.00/hr 5/30/2019 DH Went over Complaint and did some research forthe meeting. Printed all 2.80 1,050.00 the documents and then met with Ari Kaikov at Michael Alber's officewith $375.00/hr CH, Steve Zalewski and Michael Alber regarding new matter. Discussed facts and plan of action 6/17/2019 DH Review Complaint and conduct research regarding motion to dismiss. 3.70 1,387.50 S375.00/hr 6/19/2019 DH Spoke with Steven Zalewski with Charles Horn regarding plan of action. 0.30 112.50 $375.00/hr DH Digest complaint in preparation for drafting motion to dismiss 3.20 1,200.00 $375.00/hr 7/3/2019 CH Draft letterto Court re: extension of time to answer/move. File same, 0.50 225.00 with stipulation,via ECF $450.00/hr CH DraftNotice of Appearance; filesame via ECF 0.40 180.00 $450.00/hr 7/9/2019 DH Spoke with Maria Temkin and out filled Stipulation to extend Kaikov's 0.90 337.50 time to move against Complaint. Filed letterapplication with the Court $375.00/hr and spoke with Steven Zalewski. 3000 MARCUS AVENU E, SUITE 2E 3 LAKE SUCCESS, NEW YORK 1 1 042 T 516.355 9696 F 516 355.9697 www.rfriedmanlawcom FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 Arihay Kaikov Page 2 Russell Friedman & Associates, LLP Invoice # 15009 Hrs/Rate Amount 7/9/2019 DH Started todraft motion todismiss. Pulled allthe complaints from the state 1.30 487.50 court actions. Only saw two of them and contacted Steve Zalewski to see $375.00/hr where the other complaint is filed. 7/11/2019 DH Left a message for Dustin Bowman to get Complaint forthe state court 1.80 675.00 action I cannot find on NYS ECF. Continued toresearch formotion to $375.00/hr dismiss. 7/19/2019 DH Continued to draftmotion to dismiss. 2.70 1,012.50 $375.00/hr 7/22/2019 CH Receipt and review ofcorrespondence regarding the scheduling order. 0.20 90.00 Drafted response tosame. $450.00/hr 7/23/2019 DH Continued draftingmotion to dismiss and researched Russian national 4.60 1,725.00 ability tobring Civil RICO here inthe United States $375.00/hr CA Research re:standard of review for Rule 12(b)(6) motions 1.10 495.00 $450.00/hr . CA Resear-chre:_standard-of review for moftons- - - 9.0_____ _ Rule.9(b) 0 405.00 $450.00/hr CA Research re:Rule motion to dismiss - argument -18 USC 1.60 720.00 12(b)(6) 1962(a) $450.00/hr CA Research re: Rule motion to dismiss - argument - 18 USC 1.40 630.00 12(b)(6) 1962(b) $450.00/hr 7/24/2019 DH Continued to research and draftmotion to dismiss complaint. 5.40 2,025.00 $375.00/hr CA Draft/Revise re: Rule motion to dismiss - Statement of Facts 2.67 1,200.00 12(b) $450.00/hr CA Draft/Revise re: Rule motion to dismiss - standard of review 2.80 1,260.00 12(b)(6) $450.00/hr CA Research re:Rule motion to dismiss - Argument - Lack of 2.25 1,012.50 12(b)(6) Specificity $450.00/hr CA Research re: Rule motion to dismiss - Argument - the 1.30 585.00 12(b)(6) Piercing Corporate Veil $450.00/hr 7/25/2019 CA Research re:Standing relatingto 911 Realty Corp 1.50 675.00 $450.00/hr CA Research re:Statute of Frauds 1.25 562.50 $450.00/hr 3000 MARCUS AVENU E, SUITE 2E 3 LAKE SUCCESS, NEW YORK 1 1 042 T 516.355.9696F 516.355.9697 www rfriedmanlaw.com FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 Arihay Kaikov Page 3 Russell Friedman & Associates, LLP Invoice # 15009 Hrs/Rate Amount 7/25/2019 DH Continued researching and draftingmotion to dismiss. Looked at 5.60 2,100.00 retaliatorylawsuits and Rico charges $375.00/hr CA Draft/Revise re: Rule motion to dismiss - Argument - Statute of 1.83 12(b)(6) 825.00 Frauds $450.00/hr CA Draft/Revise re:Rule motion to dismiss - Argument - 18 USC 3.80 12(b)(6) 1,710.00 1962(c) $450.00/hr CA Draft/Revise re: Rule 12(b)(6) motion to dismiss - Argument - Lack of 2.80 1,260.00 Specificity $450.00/hr 7/26/2019 CA Draft/Revise declaration re: Rule 12(b)(6) motion to dismiss 0.90 405.00 $450.00/hr DH Continued to research and draftmotion to dismiss complaint. Spoke to 4.47 1,675.00 Ari Kaikov and integrated the documents he provided intothe Complaint. $375.00/hr CH Receipt and review of correspondences from Plaintiff's counsel. Phone 0.40 180.00 callwith Ms. Temkin. Updated fileoutlineto reflectsame. $450.00/hr CI I Assisted inthe preparation of the Motion to Dismiss. 1.20 540.00 $450.00/hr 7/29/2019 DH Continued to research and draft motion to dismiss. Did more research 9.10 3,412.50 and conferred with CH who is making edits forme to integrate. Drew up $375.00/hr Notice ofMotion and Declaration in support of Motion to dismiss and had everything scanned forfilingon ECF. Filed Notice of Appearance. Conferred with CH regarding editsto draft. CA Research 18 USC 1962(b) insupport of our Rule 12(b)(6) motion to 1.40 630.00 dismiss. $450.00/hr CA Draft argument re: 18 USC 1962(b) insupport of our Rule 12(b)(6) motion 1.30 585.00 to dismiss $450.00/hr 7/30/2019 CA Research Statute of limitationsin support of our motion to dismiss 1.40 630.00 $450.00/hr CA Draft and revised argument relating to statute of limitationsinsupport of 1.40 630.00 our motion to dismiss. $450.00/hr CA Reviewed and revised motion to dismiss 4.60 2,070.00 $450.00/hr DH Went through edits with CH. Finished drafting motion to dismiss. Filed 11.70 4,387.50 documents on ECF $375.00/hr PK Draft table of authoritiesfor the MOL 1.33 500.00 $375.00/hr 3000 MARCUS AVENU E, SUITE 2E 3 LAKE SUCCESS, NEW YORK 1 1 042 T 516 355.9696F 516.355.9697 www rfriedmanlawcom FILED: NASSAU COUNTY CLERK 07/06/2022 08:33 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/06/2022 Arihay Kaikov Page 4 Russell Friedman & Associates, LLP Invoice # 15009