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FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
––––––––––––––––––––––––––––––X
MARK SONNENSCHEIN and 477 WILLIS AVE LLC :
:
Plaintiffs, : Index No. 816525/2021E
:
-against- : Mot. Seq. No.: 004
:
1986-F&S OF NEW YORK, LTD., and NEW YORK: AFFIRMATION IN SUPPORT OF
DEFERRED EXCHANGE CORPORATION : NEW YORK DEFERRED
: EXCHANGE CORPORATION’S
Defendants. : REQUEST FOR AN
ADJOURNMENT
––––––––––––––––––––––––––––––X
HARRIS W. DAVIDSON, ESQ., an attorney duly admitted to practice before the Courts of the
State of New York, hereby affirms the following to be true under penalties of perjury pursuant to CPLR
2106:
1. I am an attorney at the law firm of Rosenberg & Estis, P.C., attorneys for defendant New
York Deferred Exchange Corp. (“NYDEC”). As such, I am fully familiar with the facts and
circumstances set forth below.
2. This affirmation is respectfully submitted in support of NYDEC’s application for an
adjournment of not less than thirty (30) days of the motion for default judgment (“Motion”) of plaintiffs
Mark Sonnenschein and 477 Willis Ave LLC (“Plaintiffs”).
3. Plaintiffs filed the Motion (Mot. Seq. No. 4) on November 17, 2022, and initially made
it returnable in the Motion Support Office, Room 217, on December 8, 2022.
4. The reason for this request is that the issues raised in the Motion will necessarily be
decided by NYDEC’s motion to extend NYDEC’s time to respond to Plaintiffs’ complaint (Mot. Seq.
No. 3), which was filed on November 10, 2022—ten (10) days prior to when Plaintiffs filed the Motion—
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FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
and which is scheduled for oral argument on December 19, 2022, in Part 32 before the Honorable Fidel
E. Gomez.
5. Plaintiffs made the Motion returnable on December 8, 2022, before the first-filed Mot.
Seq. No. 3 is scheduled to be argued on December 19, 2022, in an attempt to dictate the Court’s schedule,
burden the Court with unnecessary motion practice, and force NYDEC to engage in extraneous and time-
consuming litigation.
6. Because the issue underlying the Motion (i.e.,whether NYDEC’s motion to dismiss
Plaintiffs’ complaint should be heard on the merits) will necessarily be decided on December 19, 2022,
when Part 32 conducts oral argument on Mot. Seq. No. 3, it is in the interest of judicial economy to
adjourn the Motion.
7. Further, for the same reason, a short adjournment of the Motion will not prejudice
Plaintiffs.
8. On November 29, 2022, undersigned counsel for NYDEC emailed counsel for Plaintiffs
to request a three-week adjournment of the Motion. Plaintiffs’ counsel initially responded “no problem
Please add 2 weeks for a reply” and undersigned counsel prepared a stipulation in accordance with the
parties’ agreement. However, shortly thereafter Plaintiffs’ counsel changed his mind, stating “We are
not consenting to adjourn any motion”. A copy of the correspondence is annexed hereto as Exhibit A.
9. No prior request for an adjournment of the Motion has been previously made.
10. This request is timely made prior to NYDEC’s current deadline to respond to the Motion,
pursuant to CPLR 2214(b), which is presently December 1, 2022.
11. For the reasons set forth above, an adjournment of not less than thirty (30) days is
respectfully requested.
Dated: New York, New York
November 30, 2022
HARRIS W. DAVIDSON, ESQ.
-2-
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FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
EXHIBIT A
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FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
Davidson, Harris W.
From: Gary Rosen
Sent: Tuesday, November 29, 2022 4:16 PM
To: Davidson, Harris W.
Cc: joseph@rosenlawllc.com; Pensabene, Michael A.
Subject: Re: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al /
816525/2021E / Mot. Seq. #4
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
We are not consenting to adjourn any motion
ATTORNEYS AT LAW
WWW.ROSENLAWLLC.COM
NEW YORK OFFICE
216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020
TEL 516-437-3400 | FAX 516-334-3000
FLORIDA OFFICE
500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410
TEL 561-899-9999 | FAX 561-584-6434
GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com
JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com
JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com
MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com
JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com
CONFIDENTIALITY NOTICE
This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the
individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly
prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email
at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents.
On Tue, Nov 29, 2022 at 3:53 PM Davidson, Harris W. wrote:
Gary,
We’re not seeking to adjourn motion sequence 3 and Plaintiffs timely submitted their opposition yesterday.
Thanks,
1
4 of 8
FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
Harris
Harris W. Davidson
. T: +1 (212) 551-8403
hdavidson@rosenbergestis.com
733 Third Avenue, New York, NY 10017
.
.
.
From: Gary Rosen
Sent: Tuesday, November 29, 2022 3:44 PM
To: Davidson, Harris W.
Cc: joseph@rosenlawllc.com; Pensabene, Michael A.
Subject: Re: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al / 816525/2021E / Mot.
Seq. #4
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Need to adjourn both motion sequence 3 and 4 to January 4, 2023
Please revise stip
ATTORNEYS AT LAW
WWW.ROSENLAWLLC.COM
NEW YORK OFFICE
216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020
TEL 516-437-3400 | FAX 516-334-3000
FLORIDA OFFICE
500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410
TEL 561-899-9999 | FAX 561-584-6434
GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com
2
5 of 8
FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com
JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com
MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com
JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com
CONFIDENTIALITY NOTICE
This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the
individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly
prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email
at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents.
On Tue, Nov 29, 2022 at 3:27 PM Davidson, Harris W. wrote:
Thank you, Gary.
The proposed stip is attached. If those dates work please countersign and return to me so I can eFile.
Harris W. Davidson
. T: +1 (212) 551-8403
hdavidson@rosenbergestis.com
733 Third Avenue, New York, NY 10017
.
.
.
From: Gary Rosen
Sent: Tuesday, November 29, 2022 3:19 PM
To: Davidson, Harris W.
Cc: joseph@rosenlawllc.com; Pensabene, Michael A.
Subject: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al / 816525/2021E / Mot. Seq.
#4
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
3
6 of 8
FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
no problem
Please add 2 weeks for a reply
ATTORNEYS AT LAW
WWW.ROSENLAWLLC.COM
NEW YORK OFFICE
216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020
TEL 516-437-3400 | FAX 516-334-3000
FLORIDA OFFICE
500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410
TEL 561-899-9999 | FAX 561-584-6434
GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com
JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com
JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com
MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com
JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com
CONFIDENTIALITY NOTICE
This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the
individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly
prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email
at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents.
On Tue, Nov 29, 2022 at 3:12 PM Davidson, Harris W. wrote:
Gary,
Please advise if you will consent to adjourning your motion (Mot. Seq. #4) for three weeks to December 29. If so, I
will prepare the stip.
Thanks,
Harris
Harris W. Davidson
4
7 of 8
FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022
. T: +1 (212) 551-8403
hdavidson@rosenbergestis.com
733 Third Avenue, New York, NY 10017
.
.
.
**********************************************************************
This message is intended only for the use of the individual or entity to which it is addressed, and may contain
information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this
message is not the intended recipient, or the employee or agent responsible for delivering the message to the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please delete it and notify us immediately.
Important Notice: Always independently confirm wiring instructions in person or via a telephone call to a trusted and
verified phone number.
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Preview
FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ––––––––––––––––––––––––––––––X MARK SONNENSCHEIN and 477 WILLIS AVE LLC : : Plaintiffs, : Index No. 816525/2021E : -against- : Mot. Seq. No.: 004 : 1986-F&S OF NEW YORK, LTD., and NEW YORK: AFFIRMATION IN SUPPORT OF DEFERRED EXCHANGE CORPORATION : NEW YORK DEFERRED : EXCHANGE CORPORATION’S Defendants. : REQUEST FOR AN ADJOURNMENT ––––––––––––––––––––––––––––––X HARRIS W. DAVIDSON, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under penalties of perjury pursuant to CPLR 2106: 1. I am an attorney at the law firm of Rosenberg & Estis, P.C., attorneys for defendant New York Deferred Exchange Corp. (“NYDEC”). As such, I am fully familiar with the facts and circumstances set forth below. 2. This affirmation is respectfully submitted in support of NYDEC’s application for an adjournment of not less than thirty (30) days of the motion for default judgment (“Motion”) of plaintiffs Mark Sonnenschein and 477 Willis Ave LLC (“Plaintiffs”). 3. Plaintiffs filed the Motion (Mot. Seq. No. 4) on November 17, 2022, and initially made it returnable in the Motion Support Office, Room 217, on December 8, 2022. 4. The reason for this request is that the issues raised in the Motion will necessarily be decided by NYDEC’s motion to extend NYDEC’s time to respond to Plaintiffs’ complaint (Mot. Seq. No. 3), which was filed on November 10, 2022—ten (10) days prior to when Plaintiffs filed the Motion— 1 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 and which is scheduled for oral argument on December 19, 2022, in Part 32 before the Honorable Fidel E. Gomez. 5. Plaintiffs made the Motion returnable on December 8, 2022, before the first-filed Mot. Seq. No. 3 is scheduled to be argued on December 19, 2022, in an attempt to dictate the Court’s schedule, burden the Court with unnecessary motion practice, and force NYDEC to engage in extraneous and time- consuming litigation. 6. Because the issue underlying the Motion (i.e.,whether NYDEC’s motion to dismiss Plaintiffs’ complaint should be heard on the merits) will necessarily be decided on December 19, 2022, when Part 32 conducts oral argument on Mot. Seq. No. 3, it is in the interest of judicial economy to adjourn the Motion. 7. Further, for the same reason, a short adjournment of the Motion will not prejudice Plaintiffs. 8. On November 29, 2022, undersigned counsel for NYDEC emailed counsel for Plaintiffs to request a three-week adjournment of the Motion. Plaintiffs’ counsel initially responded “no problem Please add 2 weeks for a reply” and undersigned counsel prepared a stipulation in accordance with the parties’ agreement. However, shortly thereafter Plaintiffs’ counsel changed his mind, stating “We are not consenting to adjourn any motion”. A copy of the correspondence is annexed hereto as Exhibit A. 9. No prior request for an adjournment of the Motion has been previously made. 10. This request is timely made prior to NYDEC’s current deadline to respond to the Motion, pursuant to CPLR 2214(b), which is presently December 1, 2022. 11. For the reasons set forth above, an adjournment of not less than thirty (30) days is respectfully requested. Dated: New York, New York November 30, 2022 HARRIS W. DAVIDSON, ESQ. -2- 2 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 EXHIBIT A 3 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 Davidson, Harris W. From: Gary Rosen Sent: Tuesday, November 29, 2022 4:16 PM To: Davidson, Harris W. Cc: joseph@rosenlawllc.com; Pensabene, Michael A. Subject: Re: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al / 816525/2021E / Mot. Seq. #4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We are not consenting to adjourn any motion ATTORNEYS AT LAW WWW.ROSENLAWLLC.COM NEW YORK OFFICE 216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020 TEL 516-437-3400 | FAX 516-334-3000 FLORIDA OFFICE 500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410 TEL 561-899-9999 | FAX 561-584-6434 GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com CONFIDENTIALITY NOTICE This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents. On Tue, Nov 29, 2022 at 3:53 PM Davidson, Harris W. wrote: Gary, We’re not seeking to adjourn motion sequence 3 and Plaintiffs timely submitted their opposition yesterday. Thanks, 1 4 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 Harris Harris W. Davidson . T: +1 (212) 551-8403 hdavidson@rosenbergestis.com 733 Third Avenue, New York, NY 10017 . . . From: Gary Rosen Sent: Tuesday, November 29, 2022 3:44 PM To: Davidson, Harris W. Cc: joseph@rosenlawllc.com; Pensabene, Michael A. Subject: Re: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al / 816525/2021E / Mot. Seq. #4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Need to adjourn both motion sequence 3 and 4 to January 4, 2023 Please revise stip ATTORNEYS AT LAW WWW.ROSENLAWLLC.COM NEW YORK OFFICE 216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020 TEL 516-437-3400 | FAX 516-334-3000 FLORIDA OFFICE 500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410 TEL 561-899-9999 | FAX 561-584-6434 GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com 2 5 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com CONFIDENTIALITY NOTICE This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents. On Tue, Nov 29, 2022 at 3:27 PM Davidson, Harris W. wrote: Thank you, Gary. The proposed stip is attached. If those dates work please countersign and return to me so I can eFile. Harris W. Davidson . T: +1 (212) 551-8403 hdavidson@rosenbergestis.com 733 Third Avenue, New York, NY 10017 . . . From: Gary Rosen Sent: Tuesday, November 29, 2022 3:19 PM To: Davidson, Harris W. Cc: joseph@rosenlawllc.com; Pensabene, Michael A. Subject: [EXTERNAL] Re: MARK SONNENSCHEIN et al v. 1986-F&S OF NEW YORK LTD et al / 816525/2021E / Mot. Seq. #4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 3 6 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 no problem Please add 2 weeks for a reply ATTORNEYS AT LAW WWW.ROSENLAWLLC.COM NEW YORK OFFICE 216 LAKEVILLE ROAD | GREAT NECK | NEW YORK 11020 TEL 516-437-3400 | FAX 516-334-3000 FLORIDA OFFICE 500 VILLAGE SQUARE CROSSING, SUITE 101 | PALM BEACH GARDENS | FLORIDA 33410 TEL 561-899-9999 | FAX 561-584-6434 GARY ROSEN, ESQ. | NY, FL, NJ, PA, GA | grosen@rosenlawllc.com JARED ROSEN, ESQ. | NY, FL, NJ | jared@rosenlawllc.com JAIME ROSEN, ESQ. | NY, FL, NJ, CT | jaime@rosenlawllc.com MICHAEL J. NOONAN, ESQ. | NY | mnoonan@rosenlawllc.com JOSEPH G. NOONAN, ESQ. | NY | joseph@rosenlawllc.com CONFIDENTIALITY NOTICE This email and the documents accompanying it contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity addressed on this email. If you are not the intended recipient, you are hereby notified that any reliance on the contents of this information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by email at grosen@rosenlawllc.com immediately so that we can arrange the return of the documents. On Tue, Nov 29, 2022 at 3:12 PM Davidson, Harris W. wrote: Gary, Please advise if you will consent to adjourning your motion (Mot. Seq. #4) for three weeks to December 29. If so, I will prepare the stip. Thanks, Harris Harris W. Davidson 4 7 of 8 FILED: BRONX COUNTY CLERK 11/30/2022 06:15 PM INDEX NO. 816525/2021E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 11/30/2022 . T: +1 (212) 551-8403 hdavidson@rosenbergestis.com 733 Third Avenue, New York, NY 10017 . . . ********************************************************************** This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please delete it and notify us immediately. Important Notice: Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. ********************************************************************** 5 8 of 8