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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------_______________________________________Ç
Estate of IRVING CHAIM GOLDSTEIN,
Petitioner, Index No.: 507736/2023
-against-
STIPULATION AND ORDER
"ISAAC" AMENDING CAPTION AND
YITZCHOK PERLSTEIN,
CONFIRMING ARBITRATION
AWARD
Respondent.
__-----------___________--------------_____________________________Ç
WHEREAS, petitioner IRVING CHAIM GOLDSTEIN ("Irving Goldstein"), commenced
. "ISAAC"
rabbinical arbitration proceedings against and respondent YITZCHOK PERLSTEIN
("Perlstein"), before a rabbinical court, commonly known as a Beth Din to resolve certaiI disputes
concerning Irving Goldstein's ownership interest in Norarte Investments, Inc. (the "Company");
WHEREAS, on November 16, 2022, the Beth Din ("Beth Din") signed a partial award
regarding this arbitration (the "Original Award");
WHEREAS, thereafter, the Beth Din issued certain modifications/clarifications to the
Original Award on February 27, 2023, March 1, 2023, March 2, 2023, and March 5, 2023;
WHEREAS, on March 13, 2023, Irving Goldstein brought this Petition to confirm the
Original Award pursuant to CPLR § 7510;
WHEREAS, Irving Goldstein passed away on April 13, 2023 [NYSCEF Doc. No. 11];
WHEREAS, upon his passing, Irving Goldstein's shares in the Company vested in his
estate ("Estate of Irving Goldstein") which passed to Norarte US LLC ("Norarte US");
WHEREAS, on May 24, 2023, the Beth Din issued a final clarification/modification of the
Original Award (the modifications dated February 27, 2023, March 1, 2023, March 2, 2023, March
5, 2023, and May 24, 2023 shall collectively be referred to as the "Modifications");
1
WHEREAS, on December 11, 2023, Perlstein and Norarte US entered into a shareholder
agreement for the Company, memorializing the terms of the Final Award and including agreed
terms between the parties as to the ongoing operation of the Company dated ("Shareholder
Agreement");
WHEREAS, the Original Award, along with the Modifications, annexed hereto as Exhibit
A, constitute the Final Award;
WHEREAS, the Estate of Irving Goldstein Norarte US and Perlstein (together, the
"Parties") wish to have entered this order and judgment confirming the Final Award as final and
binding on all Parties;
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys
for the parties herein, and Ordered and Adjudged and Decreed by the Court, that: .
1. Estate of Irving Goldstein, is a necessary party to this action;;
2. Estate of Irving Goldstein and Norarte US LLC ("Norarte US") shall be substituted
as petitioners pursuant to CPLR § 1015(a);
3. Accordingly, the caption should be amended as follows:
NORARTE US LLC and Estate of Irving Goldstein
Petitioners,
-against-
"ISAAC"
YITZCHOK PERLSTEIN,
Respondent.
4. The Final Award is confirmed in all respects as a final and binding arbitration
award.
5. The Final Award shall be binding on all Parties.
2
6. The Shareholder Agreement for the Company entered into between Norarte US and
Perlstein, executed on December 11, 2023, shall be made a part of the Final Award and shall be
binding upon all the Parties. The terms and conditions of the Shareholder Agreement are to remain
confidential and not disclosed except by mutual consent of the parties or permission of the Beth
Din.
7. This stipulation may be signed in counterparts and a faxed or pdf version of any
signature may be deemed sufficient.
KANE LAW PC ROSENBERG & STEINMETZ
Attorneys for Petitioner IRVING CHAIM Attorneys for Respondent YITZCHOK
"ISAAC"
GOLDS PERLSTEIN
By: By:
Daniel E. Kane Rachelle Rosenberg
7th
305 Broadway, FlOOr 181 S. Franklin Avenue, Suite 604 .
New York, New York 10007 Valley Stream, New York 11581
(877) 455-6552 (212) 743-9904
BACKENROTH, FRANKEL & KRINSKY
LLC
Attorneys for Estate of Irving Goldstein and
Norarte US LLC
By:
Abe Backenroth
23rd
488 Madison Avenue, Floor, New York,
New York 10022
(212) 593-1100
Dated:
J.S.C.
3
Exhibit A
4
B 718.584.8040
G TargemTranslations.com
5 projects@targemtranslations.com
TRANSLATIONS a 18sciymerst.orookiyn.Nven
CERTIFICATE OF ACCURACY
On this day, Zev Sero personally appeared before me, a Notary
Public in and for the State of New York, County of Kings, and after
having duly affirmed, he deposes and says that he is, and has been
for more than 10 years, a professional translator of the HEBREW
and ENGLISH languages; that he carefully prepared the attached
ENGLISH translation of a rabbinic court judgment written in the
HEBREW language, and that the translation is a true, accurate, and
correct rendering of such document and the whole .thereof.
Described and affirmed to before me this December 8, 2022.
SignatureofTranslator
Signature of Notary Public
ROCHAL WEISS
NOTARY Pt$L e( CTATE OF
NEW YORK
ac CT W£6293186
0.va"eo on kmags
County
My sus.se"un hapues 12-16-2025
BAIS HORA'AH EIT2 CHAIM Dnn NY DN7in Mia
RAV CHAIM KOHN, / Wu
,N"00U )DMp Dun Un
I"Ow'Tly9 |7nN pnT '7 ITA33wl 'N w |'705 i"0 901' '7 ini l"Q |"Def/N2 NTl' o"n '7 IP39'z IN2
.qynount NORARTE INVESTMENTS INC. omna onl9nle nITIN on'Paw T"IT2 'a Ty I'7n'? l"'3
:yain 'N Ty
.omn2 nnN o'wDn on'z w' I"Ty (N
. oQw n37n 7wD2 oIinna op'7n onn v30 'a Ty (2
MANAGEMENT FEE onionIw 7wn 'a ng'7 nevDI ohen "72 poun '7n35 2"nna '2 TN (2
.'7"3n 'a n7rn3 o'pain ong
: 'a Ty nay r"vi
.Omn 9122 who pa 'N Tr'7 7Nw3 NW omna o'p'zn Tiu 'N TYD 03p o7900'7 2009 n3wa (N
.n3w ba 7%T Q'7N o'wDn p7 o'ninna hp'7 rN o000 'N W (2
.n3w '732 MANAGEMENT 190'
FEE hp'7 'N3r npun 702 nywa unwnw Dia'O 990w (2
.h nhne ainn oDo h 2"n |"TV 'N Trw '2 w van T19 (1
.2:n33 IQp nhpi F7iya Gow nDIn '"s 7"an '7w innD 02'
on09 p ocrryn
:l'7n'ro T"oon NT nlN'NDD 7n'2I onG2n p'Uni nDqM2 on'nnyO ny'Dw OnN
:|'za'rr 9iN2 up'7nn' oininni omna niongwn(N
orna 38.887% h w' 'N Ty
orna 61.113% h w' 'a m
.'2 750 N'Nin'z FM layn '79 7N, '7"3n o'nnN'7 oNnn2 lp'7nn' N2nh pO0 o'ninn (2
.21n]n MANAGEMENT FEE a hp'z 'N3r '2 TV (2
. 'N TND N'Nin'7 FN,'7"3D IInn |Q92 '2 T2 D3yo U202 (T
o"
2"9wn pen wTin 7 o n"nyN2 r"vi
oINJI
1937 OCEAN AVENUE BROOKLYN, NEW YORK 11230 718.233.3845 718.705.5429 FAX ASK@iÇUSINESSHALACHA.COM
Translation from the H E B R E W language
O
BAIs HoR#AH EITZ CHAIM
Rw C11A1M KOHN, !)ran
With Heaven's help
Judgment
Mr Chaim Yida Goldstein and his son Mr Yosef, hereinafter "Party A", and their
opponent Mr Yitzchok Aharon Perlstein, hereinafter "Party B", came before us regarding
the dispute between them over their in the asset Norrate Investments, Inc, and
partnership
consequent matters.
Party A claims:
1) They still have fifty percent of the asset.
2) Party B has denied them their share of the profits over the course of many years.
3) Party B had undertaken to manage the enterprise for no payment, but in practice,
throughout the course of their partnership he has taken a management fee, and
they demand the return of all the above.
Party B replied to this:
1) In 2009 he bought further shares of the asset from Party A, and Party A was left
owning only a third of the asset.
2) Party A agreed at that time to receive only fifty thousand dollars a year out of the
profits.
3) He argued that due to causes that changed at the time the purchase was closed, he
is entitled to receive an annual management fee.
4) Party B further claimed that Party A still owes him an amount from the loan he
made them.
The parties accepted the court's jurisdiction by signing an arbitration agreement and
performing a Kinyan, as is customary.
After hearing their arguments at length, deliberating on their words, and determining the
facts, we issued the following judgment:
1) The partnership in the asset and the profits shall be divided in the following manner:
Party A has 38.887% of the asset.
Party B has 61.113% of the asset.
2) The profits from here on shall be divided in accord with the said percentages, but
nothing is to be recovered from Party B for the past.
3) Party B is entitled to receive the prevailing management fee.
4) With respect to Party B's claim regarding the said debt, nothing is to be recovered
from Party A.
To which we affix our signatures onCheshvon 19, 5783 [November 13, 2022]
Thus saith Chaim Kohn . judge
Thus saith Shaul Neumann . judge
Thus saith Leibish Lemel .judge
1937 OCEAN AVENUE ' NEW YORK 11230 718.233.3845 718.705.5429 FAX ASK BUSINESSHALACHA.COM
BROOKLYN.
B 718.384.8040
Q TargemTranslations.com
B projectsCdtargemtranslations.com
T R AN S L AT I O N S a 18s ciymer st. srookiyn. Ny mn
CERTIFICATE OF ACCURACY
On this day, Zev Sero personally appeared before me, a Notary
Public in and for the State of New York, County of Kings, and after
having duly affirmed, he deposes and says that he is, and has been
for more than 10 years, a professional translator of the HEBREW
and ENGLIS‰ languages; that he carefully prepared the attached
ENGLISH translation of a rabbinic court decision writteri in the
HEBREW language, and that the translation is a true, accurate, and
correct rendering of such document and the whole thereof.
Described and affirmed to before me this March 2, 2023.
Signature of Translator
Signature of Notary Public
ROCHAL WEISS
NOTARY ÞUtmC CTA1f OF N EW
YORK
n«.
C1WE6293786
Ga+eo in Kings
County
My t .n.n.4sma
inpues 12-16-2025
BAIS HORA'AH EITz CHAIM D h V) nNTn )3
R›V CHAIM KOHN, / n 0 5W 1nNP D* n n
n"$Wn1y3
: N"0 W < Np Dn) 37 mWN73 T"un $73n n05nn
³1nN pn3) W 73yn $W5Dn D1u Du»T n3$Wu )"3 1»0W©M) qU1) #u
Cc: iperistein9@gmail.com
Subject: Re: FW: Norarte Investment Inc - Notice of Default
Response from Dayonim
"'
Clarification
As per Bais Din ruling 38.887% of Naratie LLC is awarded to Mr. Chaim Y Goldstein.
Any LLC, Corporation or Trust that is not fully owned or controlled by Mr. Chaim Y Goldstein is not included
in this award.
"
As for Mr. Yosef Goldstein's request by email from today, the LLC mentioned by my attorney is part
stating
directive"-
of the trust ,hencefully complying with the beis dins
Bais Din does not have all the necessary information to give an opinion .
Please note Bais Din can not reply to request outside of a official Bais Din hearing .
Also as previously noted all parties are welcome to have their attorneys represent them at the Bais Din and offer
their Legal opinion the matter - Bais Din can not accept opinions email.
regarding any by
RABBI N LERNER
1
On Thu, Mar 2, 2023, 3:51 PM Beis Din Eitz Chaim < > wrote:
clarification to yesterday's email, please realize our typo mistake
As per Bais Din ruling 38.887% of Naratie LLC is awarded to Mr. Chaim Y Goldstein.
Any LLC, Corporation or Trust that is not fully owned (or) and controlled by Mr. Chaim Y
Goldstein is not included in this award.
RABBI N LERNER
Beis Din Eitz Chaim Institute
| Business Halacha
P: 718-233-3845 ex 201 BeisDin@businesshalacha.com
| E:
Fax: 718- 705-5429
Address: 1937 Ocean Avenue Brooklyn N.Y. 1 1230
Sender notified by
Mailtrack 03/02/23, 03:49:40 PM
---------- Forwarded message ---------
From: Beis Din Eitz Chaim
Date: Sun, Mar 5, 2023, 6:33 PM
Subject: clarification
To: Isaac Perlstein , Joseph Goldstein <1oacph@dahay.aintLam>
Lekoved Hatsdudim,
As requested for clarification regarding documents and files prior to the
ruling of November '22.
Beis Din had said it clearly by the session that Mr Perlstein doesn't have to
provide any documents or statements from before the ruling, unless other
party proves to need it for their financing.
LIstegin Peirem
RABBI N LERNER
Bels Din Eitz Chaim | Business Halacha Institute
P: 718-233-3845 ex 201 [E: Beispin@bysinesshalacha.c,am
Fax: 718· 705 5429
Address: 1937 Ocean Avenue Brooklyn N.Y. 11230
Sender noti fied by
Mailtrack