Motion-Secondary: xxxxxx xxxxxx aka xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP. v. 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, Baharak Amirian as co-trustee of the disclaimer Trust under the Last Will and Testament of xxxx xxxxx, Rockville Corp. as Nominal Defendant

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                                FILED: NASSAU COUNTY CLERK 12/21/2023 05:29 PM                                               INDEX NO. 607197/2022
NYSCEF DOC. NO. 172                                                                  RECEIVED NYSCEF: 12/21/2023




          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.,
                                                                    Hon. Sharon M.J. Gianelli
                                            Plaintiff,
                                                                    Mot. Seq. No. 008
                                  -against-
                                                                    AFFIRMATION OF DAVID E.
            xxxxxxx xxxxx, individually and as the executor         ROSS IN SUPPORT OF
            of the Estate of xxxx xxxxx, and as co-trustee of the   COUNTERCLAIM-
            disclaimer Trust under Article “Fourth” of the Last     PLAINTIFFS’ MOTION FOR
            Will and Testament of xxxx xxxxx; MAKAN                 LEAVE TO FILE AMENDED
            DELRAHIM, as former co-trustee of the disclaimer        ANSWER WITH
            Trust under Article “Fourth” of the Last Will and       COUNTERCLAIMS
            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,

                                  Counterclaim-Defendants.


                 David E. Ross, an attorney duly admitted to practice law before the courts of the State of

          New York, hereby affirms under the penalties of perjury that:




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FILED: NASSAU COUNTY CLERK 12/21/2023 05:29 PM                                                   INDEX NO. 607197/2022
NYSCEF DOC. NO. 172                                                                    RECEIVED NYSCEF: 12/21/2023




                 1.      I am a partner at the law firm Kasowitz Benson Torres LLP, counsel for Defendants

          and Counterclaim-Plaintiffs in the above-captioned action. I submit this affirmation in support of

          Counterclaim-Plaintiffs’ Motion for Leave to File Amended Answer with Counterclaims. This

          affirmation is based on my personal knowledge.

                 2.      A true and correct copy of the Proposed Amended Answer With Counterclaims is

          attached hereto as Exhibit A.

                 3.      The proposed amendments to the counterclaims are based on the existence of

          signed leases between Rockville Corp. and 172 Bargain Liquors. Though Defendants were aware

          of and produced during discovery copies of leases that were not fully-executed, Plaintiff xxxxxx

          produced during discovery copies of fully-executed leases between Rockville and Bargain

          Liquors: one dated January 3, 2006 and the other dated September 1, 2007. The leases are both

          signed by xxxx xxxxx, on Rockville’s behalf, and xxxxxx xxxxxx, on Bargain Liquors’ behalf.

          True and correct copies of the respective leases dated January 3, 2006 and September 1, 2007, as

          produced by Plaintiff, are attached hereto as Exhibit B and Exhibit C, respectively.

                 4.      Attached as Exhibit D is a redline version of movants’ current Answer with

          Counterclaims reflecting the proposed edits to that pleading as reflected in Exhibit A.




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FILED: NASSAU COUNTY CLERK 12/21/2023 05:29 PM                              INDEX NO. 607197/2022
NYSCEF DOC. NO. 172                                                  RECEIVED NYSCEF: 12/21/2023




          Dated: New York, New York
                 December 21, 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




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