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FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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VELUDI CAPITAL STRATEGIES, LLC,
Index No.: 617853/2019
Plaintiff, Hon. Roy S. Mahon, J.S.C.
-against- AFFIDAVIT IN
OPPOSITION TO
MANUEL PEREIRA, MOTION TO DISMISS
AND IN SUPPORT OF
Defendant. CROSS-MOTION TO
---------------------------------------------------------------------X COMPEL DISCOVERY
MANUEL PEREIRA,
Third-Party Plaintiff,
-against-
CHANDER K. GOEL and SUNIL KUMAR
PONNUMALA a/k/a SUNIL PONNUMALA
KUMAR,
Third-Party Defendants.
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STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
MANUEL PEREIRA, being duly sworn, deposes and says:
1. I am named as the Defendant in this matter and I am fully familiar with the facts
and circumstances set forth herein. I previously submitted an Affidavit, sworn to February 27,
2020 (NYSCEF Doc. Nos. 11-25), which I have annexed hereto as Exhibit “A,” and I
incorporate those statements here.
2. I submit this affidavit (1) in opposition to the motions Plaintiff Veludi Capital
Strategies, LLC (“Veludi”) and third-party defendants Chander K. Goel (“Goel”) and Sunil
Kumar Ponnumala a/k/a Sunil Ponnumala Kumar ( “Kumar”) filed to dismiss counterclaims and
third party claims I have asserted against them in this action (NYSCEF Motion Sequence Nos. 2
1 of 3
FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021
and 3) (the “Motions to Dismiss”); and (2) in support of my cross-motion to compel Goel,
Kumar, and Veludi to produce documents and provide discovery responses.
3. I am advised that in the Motions to Dismiss, Goel, Kumar, and Veludi allege,
among others, that through a “Release and Indemnification Agreement” I entered into with the
Massachusetts Mutual Life Insurance Company (“MassMutual”), I released them from all claims
“pertaining to” two life insurance policies (the “MassMutual Policies”) that Goel, Kumar, and
Veludi fraudulently induced me to purchase, and that I therefore cannot maintain the
counterclaims and third-party claims I assert against them in this action.
4. They are absolutely wrong. The release clause of the initial draft of the “Release
and Indemnification Agreement” explicitly referenced Goel and Kumar, along with their
associate, Robert Dunbar (“Dunbar”), but I crossed their names out because I did not ever want
to release my claims against them based on their fraudulent scheme and the damages they caused
me.
5. I have attached a true and correct copy of the initial draft of the “Release and
Indemnification Agreement” to this Affidavit as Exhibit “B.” It accurately reflects the “Release
and Indemnification Agreement” as it was before I crossed-out Goel, Kumar, and Dunbar’s
names.
6. In crossing-out Goel, Kumar, and Dunbar’s names, I believed that I was, and
intended to, ensure that release clause of the “Release and Indemnification Agreement” would,
under no circumstances, release Goel, Kumar, or Dunbar from my claims against them. (The
“Release and Indemnification Agreement” never referenced Veludi, but if it had, I would have
crossed Veludi out, too).
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4853-3676-9025, v. 3
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FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021
7. After crossing-out Goel, Kumar, and Dunbar's names, I initialed my name next to
the cross-out, and sent a signed version of the "Release and Indemnification
Agreemêñ‡" -
including the cross-out - to MassMutual. A copy of the "Release and Indemnification
Agreement" "C."
with the cross-out and my initials is annexed hereto as Exhibit
8. MassMutual never told me there was any issue with the cross-out, or that it
Agreement"
understood that the release clause of the "Release and Indemnification would still
apply to Goel and Kumar. It just made the payment it agreed to make under the "Release and
Agiccmêñt,"
Indemnification satisfying any obligations under a Premium Finance Loan
agreement and the MassMutual Policies, which Goel, Kumar, and Veludi fraudulently and
unlawfully induced me to enter into.
WHEREFORE, I respectfully request that the Court deny Goel, Kumar, and Veludi's
Motions to Dismiss and grant my cross-motion to compel discovery.
MANUEL EREIRA
Notary Public
GlOVANNA CASALE
NOTARY PUBUC-STATE OF NEW YORK
No.01CA6368756
Qualified in Queens
County
MyG@MMI§§Inn Expires 12-18-2021
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4853-3676-9025,v. 3
3 of 3
Preview
FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X VELUDI CAPITAL STRATEGIES, LLC, Index No.: 617853/2019 Plaintiff, Hon. Roy S. Mahon, J.S.C. -against- AFFIDAVIT IN OPPOSITION TO MANUEL PEREIRA, MOTION TO DISMISS AND IN SUPPORT OF Defendant. CROSS-MOTION TO ---------------------------------------------------------------------X COMPEL DISCOVERY MANUEL PEREIRA, Third-Party Plaintiff, -against- CHANDER K. GOEL and SUNIL KUMAR PONNUMALA a/k/a SUNIL PONNUMALA KUMAR, Third-Party Defendants. ---------------------------------------------------------------------X STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) MANUEL PEREIRA, being duly sworn, deposes and says: 1. I am named as the Defendant in this matter and I am fully familiar with the facts and circumstances set forth herein. I previously submitted an Affidavit, sworn to February 27, 2020 (NYSCEF Doc. Nos. 11-25), which I have annexed hereto as Exhibit “A,” and I incorporate those statements here. 2. I submit this affidavit (1) in opposition to the motions Plaintiff Veludi Capital Strategies, LLC (“Veludi”) and third-party defendants Chander K. Goel (“Goel”) and Sunil Kumar Ponnumala a/k/a Sunil Ponnumala Kumar ( “Kumar”) filed to dismiss counterclaims and third party claims I have asserted against them in this action (NYSCEF Motion Sequence Nos. 2 1 of 3 FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021 and 3) (the “Motions to Dismiss”); and (2) in support of my cross-motion to compel Goel, Kumar, and Veludi to produce documents and provide discovery responses. 3. I am advised that in the Motions to Dismiss, Goel, Kumar, and Veludi allege, among others, that through a “Release and Indemnification Agreement” I entered into with the Massachusetts Mutual Life Insurance Company (“MassMutual”), I released them from all claims “pertaining to” two life insurance policies (the “MassMutual Policies”) that Goel, Kumar, and Veludi fraudulently induced me to purchase, and that I therefore cannot maintain the counterclaims and third-party claims I assert against them in this action. 4. They are absolutely wrong. The release clause of the initial draft of the “Release and Indemnification Agreement” explicitly referenced Goel and Kumar, along with their associate, Robert Dunbar (“Dunbar”), but I crossed their names out because I did not ever want to release my claims against them based on their fraudulent scheme and the damages they caused me. 5. I have attached a true and correct copy of the initial draft of the “Release and Indemnification Agreement” to this Affidavit as Exhibit “B.” It accurately reflects the “Release and Indemnification Agreement” as it was before I crossed-out Goel, Kumar, and Dunbar’s names. 6. In crossing-out Goel, Kumar, and Dunbar’s names, I believed that I was, and intended to, ensure that release clause of the “Release and Indemnification Agreement” would, under no circumstances, release Goel, Kumar, or Dunbar from my claims against them. (The “Release and Indemnification Agreement” never referenced Veludi, but if it had, I would have crossed Veludi out, too). -2- 4853-3676-9025, v. 3 2 of 3 FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/02/2021 7. After crossing-out Goel, Kumar, and Dunbar's names, I initialed my name next to the cross-out, and sent a signed version of the "Release and Indemnification Agreemêñ‡" - including the cross-out - to MassMutual. A copy of the "Release and Indemnification Agreement" "C." with the cross-out and my initials is annexed hereto as Exhibit 8. MassMutual never told me there was any issue with the cross-out, or that it Agreement" understood that the release clause of the "Release and Indemnification would still apply to Goel and Kumar. It just made the payment it agreed to make under the "Release and Agiccmêñt," Indemnification satisfying any obligations under a Premium Finance Loan agreement and the MassMutual Policies, which Goel, Kumar, and Veludi fraudulently and unlawfully induced me to enter into. WHEREFORE, I respectfully request that the Court deny Goel, Kumar, and Veludi's Motions to Dismiss and grant my cross-motion to compel discovery. MANUEL EREIRA Notary Public GlOVANNA CASALE NOTARY PUBUC-STATE OF NEW YORK No.01CA6368756 Qualified in Queens County MyG@MMI§§Inn Expires 12-18-2021 -3-- 4853-3676-9025,v. 3 3 of 3