On August 23, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Jan S. Wimpfheimer,
Simche Daniel Fulda,
and
East Hudson Capital Llc,
for Special Proceeding - Other - Commercial Division (CPLR ARTICLE 75)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023
EXHIBIT “2”
FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023
Luis Martinez
Vice President
1111 Brickell Avenue
Suite 1950
Miami, FL 33131
Telephone: (305)358-7777
Fax: (305)358-4931
August 17, 2023
Via Email
Juan C. Zorrilla, Esq.
Annie Papp
Fowler White Burnett, P.A.
1395 Brickell Avenue
14th Floor
Miami, FL 33131-3302
Evan M. Newman, Esq.
Jacobowitz Newman Tversky, LLP
377 Pearsall Avenue
Suite C
Cedarhurst, NY 11516
Case Number: 01-23-0003-6068
East Hudson Capital, LLC
-vs-
Jan Wimpfheimer and Simche Fulda
Dear Party Representatives,
The International Centre for Dispute Resolution (ICDR), a division of the American Arbitration
Association (AAA), acknowledges receipt of a Notice of Arbitration dated August 1, 2023 for a dispute
arising out of a contract between the above-captioned parties. A copy should have been sent to
Respondents. We have received the Notice of Arbitration on August 15, 2023, which will mark the date
of commencement.
Please be advised that the above-captioned parties are receiving this communication in accordance with
the representative information provided to us by Claimants. If you are receiving this communication and
do not represent any of the parties in this matter, please contact the ICDR immediately.
I will be your primary contact at the ICDR and can be reached by phone at (786) 406-6645, fax at 212-
246-7274, or e-mail at AnaLombardia@adr.org. Please direct all future communications to my attention
with a copy to the other parties.
An Administrative Conference call will be conducted to discuss communications, mediation, tribunal
appointment, place of arbitration, and other administrative topics designed to promote process
efficiencies.
This conference call is scheduled for August 23, 2023 beginning at 11:30 AM Eastern Time. The parties
FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023
are requested to connect to this call as indicated below:
Type: Administrative Conference
Method: Conference Call
Date: August 23, 2023
Time: 11:30 AM Eastern Time
Comments: https://meet.loopup.com/46woOtR
Or, if you are offline, dial in:
(by joining, you agree to the privacy policy at loopup.com)
Guest Dial-in Code: 2849752#
USA: +1 (855) 633-2040
Should you have to connect by phone from a country that is not listed above, please immediately contact
the ICDR. If the parties are unable to participate on the scheduled date of the call, we kindly request that
the parties mutually agree on an alternate date and advise the ICDR so that the call may be rescheduled
accordingly.
This matter is presently being administered under the current International Dispute Resolution
Procedures, in effect March 1, 2021, and in accordance with the criteria set forth in the Introduction.
Please find a copy of the Procedures on our website at www.icdr.org. Pursuant to Articles 2(2) and 3(1),
Respondents shall file a written Answer to the Notice of Arbitration with Claimants and the ICDR within
thirty (30) days from the date of this letter. If Respondents wish to file a Counterclaim, please file a
copy, along with the supporting documents and the appropriate filing fee, with the ICDR. Please also send
a copy directly to Claimants.
We have enclosed a Checklist for Conflicts form. Please list all the witnesses you expect to present, as
well as any persons or entities with an interest in these proceedings. This checklist will assist the tribunal
in completing a conflicts check. The checklist is confidential and should only be sent to the ICDR. The
checklist is due within fourteen (14) days from the date of this letter.
As part of our administrative service, we invite you to learn more about how to manage your case online
and register with AAA WebFile at https://www.adr.org/aaa/faces/register. This secure case management
platform allows parties to perform a variety of case related activities.
You should also review the AAA-ICDR® Best Practices Guide for Maintaining Cybersecurity and
Privacy and AAA-ICDR Cybersecurity Checklist that are attached to this correspondence. In accordance
with Article 22(3), this topic will be discussed at the Procedural Hearing.
Finally, we have enclosed our guide to Understanding the ICDR Process that will serve to provide you
with some basic information about the ICDR’s arbitration process. Please also take note of our
Streamlined Three-Arbitrator Panel Option for Large Complex Cases. The ICDR will continue to provide
you with information regarding the various stages of the process as the case proceeds. We also encourage
you to contact the ICDR at any time for further procedural information or to discuss how we can best
serve your needs in resolving your dispute.
Please note that this matter will be conducted in accordance with the AAA/ICDR Standards of Conduct
for Parties and Representatives, which are available on our website at www.icdr.org.
We look forward to working with you and to provide you with assistance during the arbitral process.
Sincerely,
/s/
FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023
Ana Lombardia
Director
Direct Dial: (786)406-6645
Email: AnaLombardia@adr.org
Encl.
Document Filed Date
August 23, 2023
Case Filing Date
August 23, 2023
Category
Special Proceeding - Other - Commercial Division (CPLR ARTICLE 75)
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Preview
FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023 EXHIBIT “2” FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023 Luis Martinez Vice President 1111 Brickell Avenue Suite 1950 Miami, FL 33131 Telephone: (305)358-7777 Fax: (305)358-4931 August 17, 2023 Via Email Juan C. Zorrilla, Esq. Annie Papp Fowler White Burnett, P.A. 1395 Brickell Avenue 14th Floor Miami, FL 33131-3302 Evan M. Newman, Esq. Jacobowitz Newman Tversky, LLP 377 Pearsall Avenue Suite C Cedarhurst, NY 11516 Case Number: 01-23-0003-6068 East Hudson Capital, LLC -vs- Jan Wimpfheimer and Simche Fulda Dear Party Representatives, The International Centre for Dispute Resolution (ICDR), a division of the American Arbitration Association (AAA), acknowledges receipt of a Notice of Arbitration dated August 1, 2023 for a dispute arising out of a contract between the above-captioned parties. A copy should have been sent to Respondents. We have received the Notice of Arbitration on August 15, 2023, which will mark the date of commencement. Please be advised that the above-captioned parties are receiving this communication in accordance with the representative information provided to us by Claimants. If you are receiving this communication and do not represent any of the parties in this matter, please contact the ICDR immediately. I will be your primary contact at the ICDR and can be reached by phone at (786) 406-6645, fax at 212- 246-7274, or e-mail at AnaLombardia@adr.org. Please direct all future communications to my attention with a copy to the other parties. An Administrative Conference call will be conducted to discuss communications, mediation, tribunal appointment, place of arbitration, and other administrative topics designed to promote process efficiencies. This conference call is scheduled for August 23, 2023 beginning at 11:30 AM Eastern Time. The parties FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023 are requested to connect to this call as indicated below: Type: Administrative Conference Method: Conference Call Date: August 23, 2023 Time: 11:30 AM Eastern Time Comments: https://meet.loopup.com/46woOtR Or, if you are offline, dial in: (by joining, you agree to the privacy policy at loopup.com) Guest Dial-in Code: 2849752# USA: +1 (855) 633-2040 Should you have to connect by phone from a country that is not listed above, please immediately contact the ICDR. If the parties are unable to participate on the scheduled date of the call, we kindly request that the parties mutually agree on an alternate date and advise the ICDR so that the call may be rescheduled accordingly. This matter is presently being administered under the current International Dispute Resolution Procedures, in effect March 1, 2021, and in accordance with the criteria set forth in the Introduction. Please find a copy of the Procedures on our website at www.icdr.org. Pursuant to Articles 2(2) and 3(1), Respondents shall file a written Answer to the Notice of Arbitration with Claimants and the ICDR within thirty (30) days from the date of this letter. If Respondents wish to file a Counterclaim, please file a copy, along with the supporting documents and the appropriate filing fee, with the ICDR. Please also send a copy directly to Claimants. We have enclosed a Checklist for Conflicts form. Please list all the witnesses you expect to present, as well as any persons or entities with an interest in these proceedings. This checklist will assist the tribunal in completing a conflicts check. The checklist is confidential and should only be sent to the ICDR. The checklist is due within fourteen (14) days from the date of this letter. As part of our administrative service, we invite you to learn more about how to manage your case online and register with AAA WebFile at https://www.adr.org/aaa/faces/register. This secure case management platform allows parties to perform a variety of case related activities. You should also review the AAA-ICDR® Best Practices Guide for Maintaining Cybersecurity and Privacy and AAA-ICDR Cybersecurity Checklist that are attached to this correspondence. In accordance with Article 22(3), this topic will be discussed at the Procedural Hearing. Finally, we have enclosed our guide to Understanding the ICDR Process that will serve to provide you with some basic information about the ICDR’s arbitration process. Please also take note of our Streamlined Three-Arbitrator Panel Option for Large Complex Cases. The ICDR will continue to provide you with information regarding the various stages of the process as the case proceeds. We also encourage you to contact the ICDR at any time for further procedural information or to discuss how we can best serve your needs in resolving your dispute. Please note that this matter will be conducted in accordance with the AAA/ICDR Standards of Conduct for Parties and Representatives, which are available on our website at www.icdr.org. We look forward to working with you and to provide you with assistance during the arbitral process. Sincerely, /s/ FILED: QUEENS COUNTY CLERK 08/23/2023 10:49 AM INDEX NO. 717523/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2023 Ana Lombardia Director Direct Dial: (786)406-6645 Email: AnaLombardia@adr.org Encl.