On June 02, 2022 a
Motion-Secondary
was filed
involving a dispute between
Xxxxxx Xxxxxx
Aka Xxxxxxxxxx Xxxxxx, Individually And Derivatively On Behalf Of Rockville Corp.,
and
Baharak Amirian
As Co-Trustee Of The Disclaimer Trust Under The Last Will And Testament Of Xxxx Xxxxx,
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,
Rockville Corp.
As Nominal Defendant,
for Commercial Division - Business Entity
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx,
individually and derivatively on behalf of
ROCKVILLE CORP.,
Index No. 607197/2022
Plaintiff,
AFFIRMATION OF
-against- NON-PARTY
xxxxx xxxxxx
xxxxxxx xxxxx, individually and as the executor
of the Estate of xxxx xxxxx, and as co-trustee of the Motion No. 8
disclaimer Trust under Article “Fourth” of the Last
Will and Testament of xxxx xxxxx; MAKAN Justice Assigned:
DELRAHIM, as former co-trustee of the disclaimer Hon. Sharon M.J. Gianelli
Trust under Article “Fourth” of the Last Will and
Testament of xxxx xxxxx; and BAHARAK Date Returnable:
AMIRIAN as co-trustee of the disclaimer Trust under Feb. 5, 2024
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,
INC.,
Counterclaim-Defendants.
xxxxx xxxxxx, a non-party to the above-captioned action affirms the following to be
true pursuant to CPLR § 2106:
1. I am xxxxxx xxxxxx’s son.
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FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024
2. Defendant xxxxxxx xxxxx is my aunt.
3. Prior to the filing of this action, I tried to assist my father in negotiating a peaceful
and fair resolution of this family dispute with xxxxxxx, through her son and my cousin, Jordan
xxxxx, and her brother, Makan Delrahim.
4. In doing so, I exchanged many text messages with Jordan and Makan. For purposes
of these discussions, I was acting as an agent for my father, and Jordan and Makan were acting as
agents for xxxxxxx.
5. I understand from my counsel that xxxxxxx has recently taken the position in this
litigation that that she never possessed “signed” versions of two lease documents, dated 2006 and
2007, respectively, prior to the exchange of discovery in this action.
6. That is false.
7. For example, in one particular text exchange that I had with Makan and Jordan
before this dispute culminated in the filing of a legal action, I asked for them to send me the lease
for the Property that they had referenced in a prior communication. See Shapiro Affirmation,
Exhibit “B”.
8. Makan did not send the lease and instead responded that my father (or 172 Bargain
Liquors Inc.) was responsible for making mortgage payments in lieu of rental payments. Jordan,
however, responded by forwarding me the attached lease document from 2006 that appears to be
signed, in two separate places, by someone on behalf of Rockville Corp. and Bargain Liquors
Corp. Id.
9. As a result, any statement from xxxxxxx or her counsel that she did not know there
was a signed version of these lease documents until discovery was exchanged in this case is not
true.
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FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024
10. Separately, the corporate name of the entity that operates the liquor store in the
property is 172 Bargain Liquors Inc. and not Bargain Liquors Corp., which is the name listed on
the lease documents that xxxxxxx filed with her motion.
I affirm on this 2 day of January 2024, under the penalties of perjury under
the laws of New York, which may include a fine or imprisonment, that the
foregoing is true and I understand that this document may be filed in an action or
proceeding in a court of law.
K5ON ZAKENI
3
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Document Filed Date
January 19, 2024
Case Filing Date
June 02, 2022
Category
Commercial Division - Business Entity
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FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP., Index No. 607197/2022 Plaintiff, AFFIRMATION OF -against- NON-PARTY xxxxx xxxxxx xxxxxxx xxxxx, individually and as the executor of the Estate of xxxx xxxxx, and as co-trustee of the Motion No. 8 disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; MAKAN Justice Assigned: DELRAHIM, as former co-trustee of the disclaimer Hon. Sharon M.J. Gianelli Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; and BAHARAK Date Returnable: AMIRIAN as co-trustee of the disclaimer Trust under Feb. 5, 2024 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, INC., Counterclaim-Defendants. xxxxx xxxxxx, a non-party to the above-captioned action affirms the following to be true pursuant to CPLR § 2106: 1. I am xxxxxx xxxxxx’s son. 1 of 3 FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024 2. Defendant xxxxxxx xxxxx is my aunt. 3. Prior to the filing of this action, I tried to assist my father in negotiating a peaceful and fair resolution of this family dispute with xxxxxxx, through her son and my cousin, Jordan xxxxx, and her brother, Makan Delrahim. 4. In doing so, I exchanged many text messages with Jordan and Makan. For purposes of these discussions, I was acting as an agent for my father, and Jordan and Makan were acting as agents for xxxxxxx. 5. I understand from my counsel that xxxxxxx has recently taken the position in this litigation that that she never possessed “signed” versions of two lease documents, dated 2006 and 2007, respectively, prior to the exchange of discovery in this action. 6. That is false. 7. For example, in one particular text exchange that I had with Makan and Jordan before this dispute culminated in the filing of a legal action, I asked for them to send me the lease for the Property that they had referenced in a prior communication. See Shapiro Affirmation, Exhibit “B”. 8. Makan did not send the lease and instead responded that my father (or 172 Bargain Liquors Inc.) was responsible for making mortgage payments in lieu of rental payments. Jordan, however, responded by forwarding me the attached lease document from 2006 that appears to be signed, in two separate places, by someone on behalf of Rockville Corp. and Bargain Liquors Corp. Id. 9. As a result, any statement from xxxxxxx or her counsel that she did not know there was a signed version of these lease documents until discovery was exchanged in this case is not true. 2 2 of 3 FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 183 RECEIVED NYSCEF: 01/19/2024 10. Separately, the corporate name of the entity that operates the liquor store in the property is 172 Bargain Liquors Inc. and not Bargain Liquors Corp., which is the name listed on the lease documents that xxxxxxx filed with her motion. I affirm on this 2 day of January 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true and I understand that this document may be filed in an action or proceeding in a court of law. K5ON ZAKENI 3 3 of 3