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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
DANIEL PECKMAN and GUISELA PECKMAN, : Index No.__________
Plaintiffs, : Motion Seq. No. 001
V. : AFFIDAVIT OF
: MARKO CERENKO, ESQ.
TED MOZES, PLLC, : IN SUPPORT OF
: MOTION FOR SUMMARY
Defendant. : JUDGMENT IN
-----x LIEU OF COMPLAINT
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
MARKO CERENKO, ESQ., being duly sworn, deposes and says:
1. I am Florida counsel for plaintiffs Daniel Peckman and Guisela Peckman
(collectively, “Plaintiffs” or the “Sellers”), and am fully familiar with the facts and circumstances
set forth herein.
2. I respectfully submit this affidavit in support of the motion for an Order: (a)
pursuant to CPLR § 3213, granting Plaintiffs summary judgment in lieu of complaint to
domesticate a judgment obtained against defendant Ted Mozes, PLLC (“Defendant” or the
“Escrow Agent”) in the State of Florida; said summary judgment to: (i) direct Defendant to release
a $ 145,000 contract deposit (the “Deposit”) held, in escrow, by Defendant; and (ii) award Plaintiffs
their reasonable attorneys’ fees, costs and expenses incurred in connection therewith; and (b)
awarding Plaintiffs all such other relief as the Court deems just and proper.
3. I commenced an action on the Sellers’ behalf against non-party NADA Associates
LLC (the “Buyer”) in the Circuit Court of the 17th Judicial District, in and for Broward County,
Florida (the “Florida Court”), in the case styled Daniel Peckman, et. al. v. NADA Associates, Inc.,
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023
Case No. CACE-21-017015 (18) for breach of that certain Commercial Contract (the “Contract”)
for the sale of real property located at 908 NE 15th Avenue, Ft. Lauderdale, Florida 33304 to
recover the agreed upon liquidated damages - i.e., the Deposit.
4. The Florida Court issued a judgment in favor of the Seller, and against the Buyer,
and directed the Escrow Agent to deliver the Deposit to the Sellers. (Peckman Aff, Ex. C).
5. After the Escrow Agent failed and refused to deliver the Deposit to the Sellers
(Peckman Aff., Ex. D), I commenced an action in the Florida Court on the Sellers’ behalf and
against the Escrow Agent. (Peckman Aff, Ex. E). The Escrow Agent was duly served with the
Summons and Complaint. (Peckman Aff, Ex. F).
6. The Florida Court issued a judgment against the Escrow Agent and again directed
the Escrow Agent to deliver the Deposit to the Sellers. (Peckman Aff, Ex. I). However, the
Escrow Agent has continued its refusal to deliver the Deposit to the Sellers.
7. The Sellers engaged my firm on a contingency basis. Specifically, instead of
charging the Sellers for hourly fees, my firm is entitled to 25% of whatever is recovered from the
Escrow Agent. Given that the Deposit is $145,000.00, my firm’s fee is $36,250.00.
8. My firm has incurred $1,103.94 in expenses in connection with the judgment
against the Escrow Agent, as set forth in the highlighted portion of Exhibit A.
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023
ARKO CERENKO, ESQ.
On the/fo day of JV>g-z in the year 2023 before me, the undersigned,
personally appeared MARKO CERENKO, ESQ. personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that the individual executed the same in the individual’s
capacity and that by the individual’s signature on the instrument, the individual or the person upon
behalf of whom the individual acted, executed the instrument.
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023
Certificate of Compliance
I hereby certify that the number of words in the foregoing document, according to the word
count on the word processing program utilized, inclusive of point headings and footnotes, and
exclusive of the caption, tables of contents and tables of authorities (if any), signature block and
this certificate of compliance is 386.
Dated: New York, NY /s/ Kevin Fritz
December 6, 2023 KEVIN FRITZ
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Preview
FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND DANIEL PECKMAN and GUISELA PECKMAN, : Index No.__________ Plaintiffs, : Motion Seq. No. 001 V. : AFFIDAVIT OF : MARKO CERENKO, ESQ. TED MOZES, PLLC, : IN SUPPORT OF : MOTION FOR SUMMARY Defendant. : JUDGMENT IN -----x LIEU OF COMPLAINT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) MARKO CERENKO, ESQ., being duly sworn, deposes and says: 1. I am Florida counsel for plaintiffs Daniel Peckman and Guisela Peckman (collectively, “Plaintiffs” or the “Sellers”), and am fully familiar with the facts and circumstances set forth herein. 2. I respectfully submit this affidavit in support of the motion for an Order: (a) pursuant to CPLR § 3213, granting Plaintiffs summary judgment in lieu of complaint to domesticate a judgment obtained against defendant Ted Mozes, PLLC (“Defendant” or the “Escrow Agent”) in the State of Florida; said summary judgment to: (i) direct Defendant to release a $ 145,000 contract deposit (the “Deposit”) held, in escrow, by Defendant; and (ii) award Plaintiffs their reasonable attorneys’ fees, costs and expenses incurred in connection therewith; and (b) awarding Plaintiffs all such other relief as the Court deems just and proper. 3. I commenced an action on the Sellers’ behalf against non-party NADA Associates LLC (the “Buyer”) in the Circuit Court of the 17th Judicial District, in and for Broward County, Florida (the “Florida Court”), in the case styled Daniel Peckman, et. al. v. NADA Associates, Inc., 1 1 of 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023 Case No. CACE-21-017015 (18) for breach of that certain Commercial Contract (the “Contract”) for the sale of real property located at 908 NE 15th Avenue, Ft. Lauderdale, Florida 33304 to recover the agreed upon liquidated damages - i.e., the Deposit. 4. The Florida Court issued a judgment in favor of the Seller, and against the Buyer, and directed the Escrow Agent to deliver the Deposit to the Sellers. (Peckman Aff, Ex. C). 5. After the Escrow Agent failed and refused to deliver the Deposit to the Sellers (Peckman Aff., Ex. D), I commenced an action in the Florida Court on the Sellers’ behalf and against the Escrow Agent. (Peckman Aff, Ex. E). The Escrow Agent was duly served with the Summons and Complaint. (Peckman Aff, Ex. F). 6. The Florida Court issued a judgment against the Escrow Agent and again directed the Escrow Agent to deliver the Deposit to the Sellers. (Peckman Aff, Ex. I). However, the Escrow Agent has continued its refusal to deliver the Deposit to the Sellers. 7. The Sellers engaged my firm on a contingency basis. Specifically, instead of charging the Sellers for hourly fees, my firm is entitled to 25% of whatever is recovered from the Escrow Agent. Given that the Deposit is $145,000.00, my firm’s fee is $36,250.00. 8. My firm has incurred $1,103.94 in expenses in connection with the judgment against the Escrow Agent, as set forth in the highlighted portion of Exhibit A. 2 2 of 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023 ARKO CERENKO, ESQ. On the/fo day of JV>g-z in the year 2023 before me, the undersigned, personally appeared MARKO CERENKO, ESQ. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that the individual executed the same in the individual’s capacity and that by the individual’s signature on the instrument, the individual or the person upon behalf of whom the individual acted, executed the instrument. 3 3 of 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/08/2023 Certificate of Compliance I hereby certify that the number of words in the foregoing document, according to the word count on the word processing program utilized, inclusive of point headings and footnotes, and exclusive of the caption, tables of contents and tables of authorities (if any), signature block and this certificate of compliance is 386. Dated: New York, NY /s/ Kevin Fritz December 6, 2023 KEVIN FRITZ 4 4 of 4