Preview
FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx,
individually and derivatively on behalf of Index No. 607197/2022
ROCKVILLE CORP.,
Plaintiff, Motion Seq. No. 5
-against- Hon. Sharon M.J. Gianelli
xxxxxxx xxxxx, individually and as the executor
of the Estate of xxxx xxxxx, and as co-trustee of the
disclaimer Trust under Article “Fourth” of the Last
Will and Testament of xxxx xxxxx; MAKAN
DELRAHIM, as former co-trustee of the disclaimer
Trust under Article “Fourth” of the Last Will and
Testament of xxxx xxxxx; and BAHARAK
AMIRIAN as co-trustee of the disclaimer Trust under
the Last Will and Testament of xxxx xxxxx,
Defendants,
-and-
ROCKVILLE CORP.,
Nominal Defendant.
xxxxxxx xxxxx and ROCKVILLE CORP.,
Counterclaim-Plaintiffs,
-against-
xxxxxx xxxxxx and 172 BARGAIN LIQUORS,
INC.
Counterclaim-Defendants.
AFFIDAVIT OF BAHARAK AMIRIAN IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT
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FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
STATE OF CALIFORNIA )
) ss.:
COUNTY OF LOS ANGELES )
sworn, deposes and states:
Baharak Amirian, defendant in this action, being duly
am over the age of 18, and am competent to
1. I am a defendant in this action,
personal knowledge. I submit this affidavit in
testify. The facts set forth herein are based on my
judgment dismissal of the comphiint
support of the accompanying motion for summary seeking
as against me and Makan Delrahim.
Los California. I work in California. I do not live or
2. I am a resident of Angeles,
not or transacting business in New York in connection with this
work in New York. I am doing
dispute.
the disclaimer trust (the "Trust") under the Last Will and
3. I am a trustee of
Testament of xxxx xxxxx. The Trust has no ownership interest in Rockville Corp.
4. I believe xxxxxx xxxxxx named me as a defendant in this suit solely to harass me
and co-defendants. I respectfully request that the Court dismiss me from this suit.
my
Dated: FebruaryQ1, 2023
arak Amirian
Sworn to before me
this day of February, 2023
ss4/f#Md ch ard
Notary Public
2
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FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
GOVERNMENT CODE § 8202
CALIFORNIA JURAT
this certificate verifies only the identity of the individual who signed
A notary public or other officer completing
and not the truthfulness, accuracy, or validity of that document.
the document to which this certificate is attached,
State of California
Countyof
Subscribed and sworn to (or affirmed) before me on
of ,
2023 , by
this day
Date Month Year
(1)
(and (2) ),
Name(s) of Signer(s)
MONIQUE M. PoDELL
Notary Publ c - California
proved to me on the basis of satisfactory evidence to
co m ston z427 16
be the person who appeared before me.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Docpment: & tr a ewd khr
Document Date: w / a Number of Pages:
Signer(s) Other Than Named Above:
©2019 National Notary Association
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FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
CERTIFICATE OF COMPLIANCE
This affidavit complies with the word count limitation of Commercial Division Rule 17
because it contains 163 words, exclusive of the caption and signature block.
By: /s/ David E. Ross
David E. Ross
3
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FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx,
individually and derivatively on behalf of Index No. 607197/2022
ROCKVILLE CORP.,
Plaintiff,
-against-
xxxxxxx xxxxx, individually and as the executor
of the Estate of xxxx xxxxx, and as co-trustee of the
disclaimer Trust under Article “Fourth” of the Last
Will and Testament of xxxx xxxxx; MAKAN
DELRAHIM, as former co-trustee of the disclaimer
Trust under Article “Fourth” of the Last Will and
Testament of xxxx xxxxx; and BAHARAK
AMIRIAN as co-trustee of the disclaimer Trust under
the Last Will and Testament of xxxx xxxxx,
Defendants,
-and-
ROCKVILLE CORP.,
Nominal Defendant.
xxxxxxx xxxxx and ROCKVILLE CORP.,
Counterclaim-Plaintiffs,
-against-
xxxxxx xxxxxx and 172 BARGAIN LIQUORS,
INC.
Counterclaim-Defendants.
AFFIRMATION OF COUNSEL
CERTIFYING CONFORMITY PURSUANT TO CPLR 2309(c)
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FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023
I, David E. Ross, an attorney duly licensed to practice in the courts of the State of New
York, hereby affirm under penalty of perjury:
1. I am associated with the law firm of Kasowitz Benson Torres LLP, which
represents Defendants and Counterclaim-Plaintiffs in this action.
2. I submit this Certificate of Conformity pursuant to CPLR 2309(c).
3. I certify and affirm that the annexed Affidavit of Baharak Amirian, sworn to on
February 27, 2023, by Notary Public in the State of California, was executed in the manner
prescribed by the laws of the State of New York, and based upon my review, conforms to the laws
thereof.
Dated: New York, New York
March 29, 2023
KASOWITZ BENSON TORRES LLP
By: /s/ David E. Ross
David E. Ross
(dross@kasowitz.com)
Michael C. Pecorini
(mpecorini@kasowitz.com)
1633 Broadway
New York, New York 10019
212-506-1700
Counsel for Defendants/Counterclaim-Plaintiffs
2
6 of 6
Preview
FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx, individually and derivatively on behalf of Index No. 607197/2022 ROCKVILLE CORP., Plaintiff, Motion Seq. No. 5 -against- Hon. Sharon M.J. Gianelli xxxxxxx xxxxx, individually and as the executor of the Estate of xxxx xxxxx, and as co-trustee of the disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; MAKAN DELRAHIM, as former co-trustee of the disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; and BAHARAK AMIRIAN as co-trustee of the disclaimer Trust under the Last Will and Testament of xxxx xxxxx, Defendants, -and- ROCKVILLE CORP., Nominal Defendant. xxxxxxx xxxxx and ROCKVILLE CORP., Counterclaim-Plaintiffs, -against- xxxxxx xxxxxx and 172 BARGAIN LIQUORS, INC. Counterclaim-Defendants. AFFIDAVIT OF BAHARAK AMIRIAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 of 6 FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 STATE OF CALIFORNIA ) ) ss.: COUNTY OF LOS ANGELES ) sworn, deposes and states: Baharak Amirian, defendant in this action, being duly am over the age of 18, and am competent to 1. I am a defendant in this action, personal knowledge. I submit this affidavit in testify. The facts set forth herein are based on my judgment dismissal of the comphiint support of the accompanying motion for summary seeking as against me and Makan Delrahim. Los California. I work in California. I do not live or 2. I am a resident of Angeles, not or transacting business in New York in connection with this work in New York. I am doing dispute. the disclaimer trust (the "Trust") under the Last Will and 3. I am a trustee of Testament of xxxx xxxxx. The Trust has no ownership interest in Rockville Corp. 4. I believe xxxxxx xxxxxx named me as a defendant in this suit solely to harass me and co-defendants. I respectfully request that the Court dismiss me from this suit. my Dated: FebruaryQ1, 2023 arak Amirian Sworn to before me this day of February, 2023 ss4/f#Md ch ard Notary Public 2 2 of 6 FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 GOVERNMENT CODE § 8202 CALIFORNIA JURAT this certificate verifies only the identity of the individual who signed A notary public or other officer completing and not the truthfulness, accuracy, or validity of that document. the document to which this certificate is attached, State of California Countyof Subscribed and sworn to (or affirmed) before me on of , 2023 , by this day Date Month Year (1) (and (2) ), Name(s) of Signer(s) MONIQUE M. PoDELL Notary Publ c - California proved to me on the basis of satisfactory evidence to co m ston z427 16 be the person who appeared before me. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docpment: & tr a ewd khr Document Date: w / a Number of Pages: Signer(s) Other Than Named Above: ©2019 National Notary Association 3 of 6 FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 CERTIFICATE OF COMPLIANCE This affidavit complies with the word count limitation of Commercial Division Rule 17 because it contains 163 words, exclusive of the caption and signature block. By: /s/ David E. Ross David E. Ross 3 4 of 6 FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx, individually and derivatively on behalf of Index No. 607197/2022 ROCKVILLE CORP., Plaintiff, -against- xxxxxxx xxxxx, individually and as the executor of the Estate of xxxx xxxxx, and as co-trustee of the disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; MAKAN DELRAHIM, as former co-trustee of the disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; and BAHARAK AMIRIAN as co-trustee of the disclaimer Trust under the Last Will and Testament of xxxx xxxxx, Defendants, -and- ROCKVILLE CORP., Nominal Defendant. xxxxxxx xxxxx and ROCKVILLE CORP., Counterclaim-Plaintiffs, -against- xxxxxx xxxxxx and 172 BARGAIN LIQUORS, INC. Counterclaim-Defendants. AFFIRMATION OF COUNSEL CERTIFYING CONFORMITY PURSUANT TO CPLR 2309(c) 5 of 6 FILED: NASSAU COUNTY CLERK 03/29/2023 12:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 03/29/2023 I, David E. Ross, an attorney duly licensed to practice in the courts of the State of New York, hereby affirm under penalty of perjury: 1. I am associated with the law firm of Kasowitz Benson Torres LLP, which represents Defendants and Counterclaim-Plaintiffs in this action. 2. I submit this Certificate of Conformity pursuant to CPLR 2309(c). 3. I certify and affirm that the annexed Affidavit of Baharak Amirian, sworn to on February 27, 2023, by Notary Public in the State of California, was executed in the manner prescribed by the laws of the State of New York, and based upon my review, conforms to the laws thereof. Dated: New York, New York March 29, 2023 KASOWITZ BENSON TORRES LLP By: /s/ David E. Ross David E. Ross (dross@kasowitz.com) Michael C. Pecorini (mpecorini@kasowitz.com) 1633 Broadway New York, New York 10019 212-506-1700 Counsel for Defendants/Counterclaim-Plaintiffs 2 6 of 6