Preview
FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------- ------------------------------------X INDEX NO: 526769/2019
YOCHEVED SEGAL,
Plaintiff,
NOTICE OF ENTRY
-against-
QUENTIN MANOR LLC,
Defendants.
-------------------- X
PLEASE TAKE NOTICE that the within is a true copy of a DECISION and ORDER
3rd
duly entered in the Office of the Clerk of the within named Court on the day of March 2020.
Dated: March 3, 2020
Kew Gardens, New York
Yours, etc.,
SHIRYAK, BOWMAN, ANDERSON, GILL &
KADOCHNIKOV LLP
By:btzalel Hirsc rn, Esq.
80-02 Kew Gardens Road, Suite 600
Kew Gardêñs, New York 11415
Tel: (718) 263-6800
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NYSCE F DOC. NO. 68
RECEIVED NYSCEF: 03/03/2020
At Part 84 of the Supreme Court of
the State of New York, held in and
for the County of Kings, at the
Courthouse, located at Civic Center,
Brooklyn, New York on
the 10th day of February 2020
PRESENT:
HON. CAROLYN E. WADE,
Justice .
-------------------------------------------------------------------------X
YOCHEVED SEGAL,
Plaintiff, Index No. 526769/2019
-against-
DECISION d ORDER
QUENTIN MANOR LLC,
Defendant.
___---_________ ___----------,--- o
______________----------------X a -.
a
Recitstian, as required by CPLR § 2219(a), of the papers ceñsidered in the review o
alaiwiff YOCHEVED SEGAL's order to show and defendant QUENTIN MANOR LLC's
cause,
order to show cause:
Order to Show Cas se/Netice of Motion and
Alildâvits/Affirmations Annexed........ 1,2
Cross-Motion and Affidavits/Affirmst!an 3
Answering Affidavits/Affirmatians .... 4,5
Reply Affidavits/Afiirmations
Memerandum of Law .
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Upon the foregoing cited papers and after oral argument, plaintiff YOCHEVED SEGAL
moves, by an order to show cause, for an Order (1) the execution of a warrant of eviction
staying
issued by the New York City Housing Court (Quentin Manor LLC v Segal, Civil Court, Kings
County, Index No. LT-063705-19/KI); and (2) plaintiff the costs and disbursements of
awarding
this application. Defendant QUENTIN MANOR LLC moves, by an order to show case, for an
Order vacating the temporary restraining order issued on December 13, 2019, which was granted
pending a ruling on Plaintiff's application.
Relevant Facts
Plaintiff YOCHEVED SEGAL ("Plaintiff") and her husband, Herman Segal ("Herman")
(collectively, the "Segals") acquired title to property located at 4115 Quentin Road, Brooklyn,
New York 11234 (the "Premises") in 2005. In 2013, Herman filed for Chapter 7 bankruptcy,
which resulted in the Premises being potentially subject to a foreclosure. Plaintiff then allegedly
loan1
obtained a $1.7-million-dollar from Brian K. Marks ("Marks"), secured by mortgage broker,
"Zalman" creditors'
Sherman Komar ("Komar"), and used the funds to buy off the security interest
in the Premises (Segal's aff, 15). The bankruptcy proceeding was settled pursuant to a stipulation
whereby the bankruptcy trustee agreed to transfer Herman's interest in the Premises to Plaintiff in
exchange for paymerit (Rosenfeld's aff, Exhibit "B", "C").
On April 26, 2018, the following events occurred: (1) Herman's interest in the Premises
Segal"
was transferred from the "Estate of Herman to Plaintiff (Rosenfeld's aff, Exhibit "D"); (2)
the Premises, now completely owned by Plaintiff, was transferred to defendant QUENTIN
MANOR, LLC ("Defendant") (Rosenfeld's aff of emergency, Exhibit "B"), an entity formed by
I Such loan if existed, was not mcmerialized in writing.
agreemera,
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Komar, purportedly as collateral for the alleged loan (Segal's aff, ¶6); the Segals signed a
(3)
possession agiccacñt, agreeing to vacate the Premises by June 26, 2018 (Hirschhorn's Exhibit
aff,
"L"); (4) a written agreement ("Bridge Business Loan Agreement") was entered between Komar
and Defendant, as borrowers; and Bridge Business Advisor, LLC (the "LLC"), a company owned
by Marks, as the lender. Notably, the Agreement provides that in the event that the borrowers
Premises"
default, the lender "may execute and take ownership of [Defendant] and the
(Hirschhorn's aff, Exhibit "I").
On January 9, 2019, Komar signed an agreement, acknowledging his default on the Bridge
Business Loan Agreement, and agreed to transfer all of Defendant's shares to Marks (Hirschhorn's
aff, Exhibit "P"). Thereafter, on April 17, 2019, Defendant, now owned and controlled by Marks,
comrêñced an eviction proceediñg against the Segals in Kings County Housing Court. The Segals
Segals'
defaulted. On July 16, 2019, the Hon. Jeaññiñc Baer Kuzniewski, JHC, denied order to
show cause, holding that they lacked meritorious defense (Hirschhorn's aff, Exhibit "S"). A
warrant of eviction was issued on August 28, 2019 (Hirschhorn's aff, Exhibit "R"). On December
6, 2019, the Bankruptcy Court issued an Order which provides, inter alia, that "the [Premises] is
estate;"
no longer property of the [Herman]'s bankruptcy and that "[Defendant] is permitted to
pursue all of their state law rights and remedies with respect to the [Premises] and the [Herman]'s
thereof"
occupancy (Hirschhorn's aff, Exhibit "U").
Thereafter, Plaintiff commenced this Supreme Court action, seeking an Order declaring
that (1) the Premises is subject to a mortgage, and can only be foreclosed by a judicial foreclosure;
and that (2) the loan extended to the Segals is null and void, as it violates the statute of frauds. On
December 13, 2019, the Hon. Lizette Colon, AJSC, signed Plaintiff's instant order to show cause,
which cantaine a provision the eviction a hearing.
temporarily stayiñg pending
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Arguments
In support of her application to stay the eviction, Plaintiff argues that the Premises was
transferred to Defendant as security for her alleged loan. Thus, Plaintiff maintains that Defendant
was required to proceed with a foreclosure action before commencing an eviction proceeding.
Defendant, in opposition, argues that Plaintiff signed a contract of sale agreeing to sell the
Premises to it, and that she was represented by an attorney at the closing. Defendant also avers
that the Segals signed a possession agwment agreeing to vacate the premises by June 26, 2018,
and that there was no written agreement documenting any loan between Plaintiff and Defendant.
Moreover, Defendant claims that Plaintiff fails to show irreparable harm if a stay is not granted.
Analysis
To be entitled to a preliminary injunction, the movant must establish (1) a likelihood of
success on the merits, (2) irreparable injury absent granting of the relief, and (3) a balancing of the
equities in the movant's favor (Ruiz v Meloney, 26 AD3d 485, 485-86 [2d Dept 2006]).
"Irreparable injury, for purposes of equity, has been held to mean any injury for which money
insufficient"
damages are (DiFabiovOmnipointCommunications,Inc., 66 AD3d 635, 636-37 [2d
Dept 2009]). The decision to grant or deny a preliminary injunction rests in the sound discretion
of the Supreme Court (see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Ying Fung Moy v Hohi
Umeki, 10 AD3d 604, 604 [2d Dept 2004]).
A meticulous examination of the submissions reveals that Plaintiff has failed to state any
irreparable harm that she suffer which would not be compensable by money damages (see
may
Family-Friendly Media, Inc. v Recorder Tel. Network, 74 AD3d 738, 740 [2d Dept 2010]).
Plaintiff does not dispute that she and her husband executed the possession agreement
Notably,
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NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/03/2020
dated April 26, 2018, by which they agreed to move out of the Premises June 26, 2018
by
(Hirschhorn's aff, Exhibit "L"). Further, both the Housing Court and the Bankruptcy Court have
consistently ruled against Plaintiff's entitlement to the Property.
Defendant's order to show cause to vacate .the temporary restraining order issued on
December 13, 2019 is moot, as said stay is disposed of by virtue of this Order.
Accordingly, based upon the above, it is
ORDERED that plaintiff YOCHEVED SEGAL's order to show cause for an Order staying
the execution of a Warrant of Eviction issued by the New York City Housing Court (Quentin
Manor LLC v Segal, Civil Court, Kings County, Index No. LT-063705-19/KI) is DENIED: and it
is further
ORDERED that plaintiff's application for costs and disbursements is DENIED. as it failed
to explain why such relief should be granted; and it is further
ORDERED that defendant QUENTIN MANOR LLC's order to show cause for an Order
vacating the temporaiy restraining order issued on December 13, 2019 is DENIED as moot.
This constitutes the Decision and Order of the court.
N. AROLYN E. WADE
ING S PREME COURT JUSTICE
HON. AROLYN E. ADE
ACTING SU .MR T JUSTICE
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ATTORNEY CERTIFICATION
I, Btzalel Hirschhorn, Esq., hereby certify, under penalty of perjury, and as an officer of
the court, that to the best of my knowledge, information and belief, formed after an inquiry
reasuñably under the circumstances, the presentation of the papers or the contentions herein are
not frivolous as defined in 22 NYCRR Section 130-1.1(c).
Dated: March 3, 2020
Kew Gardens, New York
Btzalel Hirschhorn, Esq.
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK }
} SS:
COUNTY OF QUEENS }
I, Chelsi Persaud, being sworn, say:
I am not a party to the action, am over 18 years of age and reside in Queens, New York.
On March 3, 2020, I served the within NOTICE OF ENTRY , delivering a true copy
thereof enclosed in a post-paid wrapper, under the exclusive care and custody of United States
Postal Service within New York State, addressed to the following person at the last known
address set forth after each name by first class mailing to:
ROSENFELD LAW OFFICE
ATTN: Avinoam Yackov Rosenfeld, Esq.
156 HARBORVIEW SOUTH
LAWRENCE, NEW YORK 11559
Chelsi Persaud
Sworn to before me this
3rd
day of MARCH 2020
NOTAR BLIC
ANDREASE. CHRISTOU
- State of New York
Notary Public01CH6358331
No.
Qualified in Schenectady County
2021
Comm. Expires May 8,
Wly
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX: 526769/2019
YOCHEVED SEGAL,
Plaintiff,
-against-
QUENTIN MANOR LLC,
DEFENDANTS.
NOTICE OF ENTRY
SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV
Office and Post Office Address, Teleph0ñê
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Tel: 718-263-6800
TO Service of a copy of the within
is hereby admitted.
Dated:............................................
Attorney(s) for
PLEASE TAKE NOTICE:
/ NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
/ / NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
2020 at M.
Yours, etc.
SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP
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Preview
FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------- ------------------------------------X INDEX NO: 526769/2019 YOCHEVED SEGAL, Plaintiff, NOTICE OF ENTRY -against- QUENTIN MANOR LLC, Defendants. -------------------- X PLEASE TAKE NOTICE that the within is a true copy of a DECISION and ORDER 3rd duly entered in the Office of the Clerk of the within named Court on the day of March 2020. Dated: March 3, 2020 Kew Gardens, New York Yours, etc., SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP By:btzalel Hirsc rn, Esq. 80-02 Kew Gardens Road, Suite 600 Kew Gardêñs, New York 11415 Tel: (718) 263-6800 1 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 . INDEX NO. 52 67 69 /2 019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 NYSCE F DOC. NO. 68 RECEIVED NYSCEF: 03/03/2020 At Part 84 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Brooklyn, New York on the 10th day of February 2020 PRESENT: HON. CAROLYN E. WADE, Justice . -------------------------------------------------------------------------X YOCHEVED SEGAL, Plaintiff, Index No. 526769/2019 -against- DECISION d ORDER QUENTIN MANOR LLC, Defendant. ___---_________ ___----------,--- o ______________----------------X a -. a Recitstian, as required by CPLR § 2219(a), of the papers ceñsidered in the review o alaiwiff YOCHEVED SEGAL's order to show and defendant QUENTIN MANOR LLC's cause, order to show cause: Order to Show Cas se/Netice of Motion and Alildâvits/Affirmations Annexed........ 1,2 Cross-Motion and Affidavits/Affirmst!an 3 Answering Affidavits/Affirmatians .... 4,5 Reply Affidavits/Afiirmations Memerandum of Law . 1 of 5 2 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 NYSCEF DOC. NO. 68 RECÉIVED NYSCEF: 03/03/2020 Upon the foregoing cited papers and after oral argument, plaintiff YOCHEVED SEGAL moves, by an order to show cause, for an Order (1) the execution of a warrant of eviction staying issued by the New York City Housing Court (Quentin Manor LLC v Segal, Civil Court, Kings County, Index No. LT-063705-19/KI); and (2) plaintiff the costs and disbursements of awarding this application. Defendant QUENTIN MANOR LLC moves, by an order to show case, for an Order vacating the temporary restraining order issued on December 13, 2019, which was granted pending a ruling on Plaintiff's application. Relevant Facts Plaintiff YOCHEVED SEGAL ("Plaintiff") and her husband, Herman Segal ("Herman") (collectively, the "Segals") acquired title to property located at 4115 Quentin Road, Brooklyn, New York 11234 (the "Premises") in 2005. In 2013, Herman filed for Chapter 7 bankruptcy, which resulted in the Premises being potentially subject to a foreclosure. Plaintiff then allegedly loan1 obtained a $1.7-million-dollar from Brian K. Marks ("Marks"), secured by mortgage broker, "Zalman" creditors' Sherman Komar ("Komar"), and used the funds to buy off the security interest in the Premises (Segal's aff, 15). The bankruptcy proceeding was settled pursuant to a stipulation whereby the bankruptcy trustee agreed to transfer Herman's interest in the Premises to Plaintiff in exchange for paymerit (Rosenfeld's aff, Exhibit "B", "C"). On April 26, 2018, the following events occurred: (1) Herman's interest in the Premises Segal" was transferred from the "Estate of Herman to Plaintiff (Rosenfeld's aff, Exhibit "D"); (2) the Premises, now completely owned by Plaintiff, was transferred to defendant QUENTIN MANOR, LLC ("Defendant") (Rosenfeld's aff of emergency, Exhibit "B"), an entity formed by I Such loan if existed, was not mcmerialized in writing. agreemera, 2 2 of 5 3 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 INDEX NO. 52 67 69/2019 NYSCEF DOC. NO. 69 NYSCEF RECEIVED NYSCEF: 03/03/2020 DOC. NO. 68 RECEIVED NYSCEF: 03/03/2020 Komar, purportedly as collateral for the alleged loan (Segal's aff, ¶6); the Segals signed a (3) possession agiccacñt, agreeing to vacate the Premises by June 26, 2018 (Hirschhorn's Exhibit aff, "L"); (4) a written agreement ("Bridge Business Loan Agreement") was entered between Komar and Defendant, as borrowers; and Bridge Business Advisor, LLC (the "LLC"), a company owned by Marks, as the lender. Notably, the Agreement provides that in the event that the borrowers Premises" default, the lender "may execute and take ownership of [Defendant] and the (Hirschhorn's aff, Exhibit "I"). On January 9, 2019, Komar signed an agreement, acknowledging his default on the Bridge Business Loan Agreement, and agreed to transfer all of Defendant's shares to Marks (Hirschhorn's aff, Exhibit "P"). Thereafter, on April 17, 2019, Defendant, now owned and controlled by Marks, comrêñced an eviction proceediñg against the Segals in Kings County Housing Court. The Segals Segals' defaulted. On July 16, 2019, the Hon. Jeaññiñc Baer Kuzniewski, JHC, denied order to show cause, holding that they lacked meritorious defense (Hirschhorn's aff, Exhibit "S"). A warrant of eviction was issued on August 28, 2019 (Hirschhorn's aff, Exhibit "R"). On December 6, 2019, the Bankruptcy Court issued an Order which provides, inter alia, that "the [Premises] is estate;" no longer property of the [Herman]'s bankruptcy and that "[Defendant] is permitted to pursue all of their state law rights and remedies with respect to the [Premises] and the [Herman]'s thereof" occupancy (Hirschhorn's aff, Exhibit "U"). Thereafter, Plaintiff commenced this Supreme Court action, seeking an Order declaring that (1) the Premises is subject to a mortgage, and can only be foreclosed by a judicial foreclosure; and that (2) the loan extended to the Segals is null and void, as it violates the statute of frauds. On December 13, 2019, the Hon. Lizette Colon, AJSC, signed Plaintiff's instant order to show cause, which cantaine a provision the eviction a hearing. temporarily stayiñg pending 3 3 of 5 4 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 INDEX 526769/2019NO. NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/03/2020 Arguments In support of her application to stay the eviction, Plaintiff argues that the Premises was transferred to Defendant as security for her alleged loan. Thus, Plaintiff maintains that Defendant was required to proceed with a foreclosure action before commencing an eviction proceeding. Defendant, in opposition, argues that Plaintiff signed a contract of sale agreeing to sell the Premises to it, and that she was represented by an attorney at the closing. Defendant also avers that the Segals signed a possession agwment agreeing to vacate the premises by June 26, 2018, and that there was no written agreement documenting any loan between Plaintiff and Defendant. Moreover, Defendant claims that Plaintiff fails to show irreparable harm if a stay is not granted. Analysis To be entitled to a preliminary injunction, the movant must establish (1) a likelihood of success on the merits, (2) irreparable injury absent granting of the relief, and (3) a balancing of the equities in the movant's favor (Ruiz v Meloney, 26 AD3d 485, 485-86 [2d Dept 2006]). "Irreparable injury, for purposes of equity, has been held to mean any injury for which money insufficient" damages are (DiFabiovOmnipointCommunications,Inc., 66 AD3d 635, 636-37 [2d Dept 2009]). The decision to grant or deny a preliminary injunction rests in the sound discretion of the Supreme Court (see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Ying Fung Moy v Hohi Umeki, 10 AD3d 604, 604 [2d Dept 2004]). A meticulous examination of the submissions reveals that Plaintiff has failed to state any irreparable harm that she suffer which would not be compensable by money damages (see may Family-Friendly Media, Inc. v Recorder Tel. Network, 74 AD3d 738, 740 [2d Dept 2010]). Plaintiff does not dispute that she and her husband executed the possession agreement Notably, 4 4 of 5 5 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 03/03/2020 dated April 26, 2018, by which they agreed to move out of the Premises June 26, 2018 by (Hirschhorn's aff, Exhibit "L"). Further, both the Housing Court and the Bankruptcy Court have consistently ruled against Plaintiff's entitlement to the Property. Defendant's order to show cause to vacate .the temporary restraining order issued on December 13, 2019 is moot, as said stay is disposed of by virtue of this Order. Accordingly, based upon the above, it is ORDERED that plaintiff YOCHEVED SEGAL's order to show cause for an Order staying the execution of a Warrant of Eviction issued by the New York City Housing Court (Quentin Manor LLC v Segal, Civil Court, Kings County, Index No. LT-063705-19/KI) is DENIED: and it is further ORDERED that plaintiff's application for costs and disbursements is DENIED. as it failed to explain why such relief should be granted; and it is further ORDERED that defendant QUENTIN MANOR LLC's order to show cause for an Order vacating the temporaiy restraining order issued on December 13, 2019 is DENIED as moot. This constitutes the Decision and Order of the court. N. AROLYN E. WADE ING S PREME COURT JUSTICE HON. AROLYN E. ADE ACTING SU .MR T JUSTICE 5 of 5 6 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 ATTORNEY CERTIFICATION I, Btzalel Hirschhorn, Esq., hereby certify, under penalty of perjury, and as an officer of the court, that to the best of my knowledge, information and belief, formed after an inquiry reasuñably under the circumstances, the presentation of the papers or the contentions herein are not frivolous as defined in 22 NYCRR Section 130-1.1(c). Dated: March 3, 2020 Kew Gardens, New York Btzalel Hirschhorn, Esq. 7 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 AFFIDAVIT OF SERVICE STATE OF NEW YORK } } SS: COUNTY OF QUEENS } I, Chelsi Persaud, being sworn, say: I am not a party to the action, am over 18 years of age and reside in Queens, New York. On March 3, 2020, I served the within NOTICE OF ENTRY , delivering a true copy thereof enclosed in a post-paid wrapper, under the exclusive care and custody of United States Postal Service within New York State, addressed to the following person at the last known address set forth after each name by first class mailing to: ROSENFELD LAW OFFICE ATTN: Avinoam Yackov Rosenfeld, Esq. 156 HARBORVIEW SOUTH LAWRENCE, NEW YORK 11559 Chelsi Persaud Sworn to before me this 3rd day of MARCH 2020 NOTAR BLIC ANDREASE. CHRISTOU - State of New York Notary Public01CH6358331 No. Qualified in Schenectady County 2021 Comm. Expires May 8, Wly 8 of 9 FILED: KINGS COUNTY CLERK 03/03/2020 03:32 PM INDEX NO. 526769/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX: 526769/2019 YOCHEVED SEGAL, Plaintiff, -against- QUENTIN MANOR LLC, DEFENDANTS. NOTICE OF ENTRY SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV Office and Post Office Address, Teleph0ñê 80-02 Kew Gardens Road, Suite 600 Kew Gardens, New York 11415 Tel: 718-263-6800 TO Service of a copy of the within is hereby admitted. Dated:............................................ Attorney(s) for PLEASE TAKE NOTICE: / NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on / / NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at 2020 at M. Yours, etc. SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP 9 of 9