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 10:20 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 06/26/2023
SUPREMECOURTOFTHESTATEOFNEW YORK
COUNTY OF NEW YORK
ALBERTO JOSEPH SAFRA,
Plaintiff,
Index No. 650710/2023
v.
AFFIRMATION OF
SNBNY HOLDINGS LIMITED '
MAMN J. POUOh
CARLOS ALBERTO VIEIRA
IN SMORT OMMNDAUS'
CARLOS CESAR BERTACO BOMFIM '
MOTION TO DISMISS
SIMONI PASSOS MORATO,
VICKY SAFRA,
Motion Sequence No. 4
JACOB JOSEPH SAFRA, AND
DAVID JOSEPH SAFRA,
Defendants.
I, Matthew J. Porpora, hereby affirm as follows:
1. I am an attorney admitted to practice before the courts of this state and am
counsel at the law firm of Sullivan & Cromwell LLP, counsel to Defendants Vicky Safra, Jacob
Defendants'
Joseph Safra, and David Joseph Safra. I submit this affirmation in support of Joint
Motion to Dismiss.
2. Attached hereto as Exhibits A through E are true and correct copies of the
following documents:
A. The Complaint in the above-captioned action, previously filed in this action as
NYSCEF Doc. No. 2, dated February 6, 2023.
B. Report of Professor Robert Howard Re: Testamentary Capacity of Joseph Safra, dated
4 December 2019.
C. Letter from Triay Lawyers (Gibraltar), on behalf of Alberto Safra, to SNBNY
Holdings, Ltd, previously filed in this action as NYSCEF Doc. No. 30, dated 7 June
2021.
1 of 3
FILED: NEW YORK COUNTY CLERK 06/26/2023 10:20 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 06/26/2023
D. Letter from Peter Caruana & Co. (Gibraltar), on behalf of SNBNY Holdings, Ltd., to
Triay Lawyers (Gibraltar), previously filed in this action as NYSCEF Doc. No. 31,
dated 2 July 2021.
E. Letter from Hassans (Gibraltar), on behalf of Vicky, Jacob, and David Safra, to Triay
Lawyers (Gibraltar), previously filed in this action as NYSCEF Doc. No. 32, dated 5
July 2021.
I affirm under penalty of perjury that the foregoing is true and correct.
Dated: New York, New York
June 26, 2023
atthew . Porpo
2 of 3
FILED: NEW YORK COUNTY CLERK 06/26/2023 10:20 PM INDEX NO. 650710/2023
NYSCEF DOC. NO. 66 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 217 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 10:20 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 06/26/2023 SUPREMECOURTOFTHESTATEOFNEW YORK COUNTY OF NEW YORK ALBERTO JOSEPH SAFRA, Plaintiff, Index No. 650710/2023 v. AFFIRMATION OF SNBNY HOLDINGS LIMITED ' MAMN J. POUOh CARLOS ALBERTO VIEIRA IN SMORT OMMNDAUS' CARLOS CESAR BERTACO BOMFIM ' MOTION TO DISMISS SIMONI PASSOS MORATO, VICKY SAFRA, Motion Sequence No. 4 JACOB JOSEPH SAFRA, AND DAVID JOSEPH SAFRA, Defendants. I, Matthew J. Porpora, hereby affirm as follows: 1. I am an attorney admitted to practice before the courts of this state and am counsel at the law firm of Sullivan & Cromwell LLP, counsel to Defendants Vicky Safra, Jacob Defendants' Joseph Safra, and David Joseph Safra. I submit this affirmation in support of Joint Motion to Dismiss. 2. Attached hereto as Exhibits A through E are true and correct copies of the following documents: A. The Complaint in the above-captioned action, previously filed in this action as NYSCEF Doc. No. 2, dated February 6, 2023. B. Report of Professor Robert Howard Re: Testamentary Capacity of Joseph Safra, dated 4 December 2019. C. Letter from Triay Lawyers (Gibraltar), on behalf of Alberto Safra, to SNBNY Holdings, Ltd, previously filed in this action as NYSCEF Doc. No. 30, dated 7 June 2021. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 10:20 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 06/26/2023 D. Letter from Peter Caruana & Co. (Gibraltar), on behalf of SNBNY Holdings, Ltd., to Triay Lawyers (Gibraltar), previously filed in this action as NYSCEF Doc. No. 31, dated 2 July 2021. E. Letter from Hassans (Gibraltar), on behalf of Vicky, Jacob, and David Safra, to Triay Lawyers (Gibraltar), previously filed in this action as NYSCEF Doc. No. 32, dated 5 July 2021. I affirm under penalty of perjury that the foregoing is true and correct. Dated: New York, New York June 26, 2023 atthew . Porpo 2 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 10:20 PM INDEX NO. 650710/2023 NYSCEF DOC. NO. 66 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 217 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