On February 06, 2023 a
Motion-Secondary
was filed
involving a dispute between
Alberto Joseph Safra,
and
Carlos Alberto Vieira,
Carlos Cesar Bertaco Bomfim,
David Joseph Safra,
Jacob Joseph Safra,
Simoni Passos Morato,
Snbny Holdings Limited,
Vicky Safra,
for Commercial - Business Entity - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALBERTO JOSEPH SAFRA,
Plaintiff,
v.
SNBNY HOLDINGS LIMITED, CARLOS
ALBERTO VIEIRA, CARLOS CESAR Index No. 650710/2023
BERTACO BOMFIM, SEVIONI PASSOS
MORATO, VICKY SAFRA, JACOB Mot. Seq. No. 004
JOSEPH SAFRA, AND DAVID JOSEPH .
SAFRA, Hon. Margaret Chan
Defendants.
AFFIRMATION OF VICKY SAFRA
I, Vicky Safra, hereby affirm as follows:
1. I am named as a defendant in the above-captioned action. I submit this
affidavit in support of my motion to dismiss. I set forth the facts below to the best of my
personal knowledge.
2. I am the wife of the late Joseph Safra, who passed away on December 10,
2020. I am the mother of plaintiff Alberto Safra and defendants Jacob Safra and David Safra.
3. I am a citizen of Brazil, Greece, and Spain. I am not a citizen of the
United States.
4. My primary residence is in Switzerland. Although I rent an apartment in
New York, I do not permanently reside there. I estimate that I spent fewer than thirty (30) days
per year in New York for each of the past three years.
1 of 3
FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023
5. I spent more time than usual in New York during 2019 due to my
husband's health issues. On December 2, 2019, I traveled to New York with my husband in
advance , which he underwent on
December 10, 2019. We left New York on January 16, 2020.
I affirm this day of ju fc, ecw3, under the penalties of perjury under the laws of New
York, which may include a fine or imprisonment, that I am physically located outside the
geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United States, that the foregoing is
true, and I understand that this document may be filed in an action or proceeding in a court of
law.
Vicky Sa r 2P41-4-
-2-
2 of 3
FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023
CERTIFICATE OF COMPLIANCE
I, Matthew J. Porpora, certify that this affirmation complies with the word-count
limit of Rule 17 of the Rules of the Commercial Division of the Supreme Court of the State of
New York because it contains 276 words (based on the Microsoft Word word-count function),
excluding the parts of the affirmation exempted by Commercial Division Rule 17.
Dated: June 26, 2023
3 of 3
Document Filed Date
June 26, 2023
Case Filing Date
February 06, 2023
Category
Commercial - Business Entity - Commercial Division
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FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALBERTO JOSEPH SAFRA, Plaintiff, v. SNBNY HOLDINGS LIMITED, CARLOS ALBERTO VIEIRA, CARLOS CESAR Index No. 650710/2023 BERTACO BOMFIM, SEVIONI PASSOS MORATO, VICKY SAFRA, JACOB Mot. Seq. No. 004 JOSEPH SAFRA, AND DAVID JOSEPH . SAFRA, Hon. Margaret Chan Defendants. AFFIRMATION OF VICKY SAFRA I, Vicky Safra, hereby affirm as follows: 1. I am named as a defendant in the above-captioned action. I submit this affidavit in support of my motion to dismiss. I set forth the facts below to the best of my personal knowledge. 2. I am the wife of the late Joseph Safra, who passed away on December 10, 2020. I am the mother of plaintiff Alberto Safra and defendants Jacob Safra and David Safra. 3. I am a citizen of Brazil, Greece, and Spain. I am not a citizen of the United States. 4. My primary residence is in Switzerland. Although I rent an apartment in New York, I do not permanently reside there. I estimate that I spent fewer than thirty (30) days per year in New York for each of the past three years. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023 5. I spent more time than usual in New York during 2019 due to my husband's health issues. On December 2, 2019, I traveled to New York with my husband in advance , which he underwent on December 10, 2019. We left New York on January 16, 2020. I affirm this day of ju fc, ecw3, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. Vicky Sa r 2P41-4- -2- 2 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 11:19 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 06/26/2023 CERTIFICATE OF COMPLIANCE I, Matthew J. Porpora, certify that this affirmation complies with the word-count limit of Rule 17 of the Rules of the Commercial Division of the Supreme Court of the State of New York because it contains 276 words (based on the Microsoft Word word-count function), excluding the parts of the affirmation exempted by Commercial Division Rule 17. Dated: June 26, 2023 3 of 3