Document for Leon Simon, Grace Edwards Simon v. Bernard E Lewis, Coleen Weaver Aka Coleen Whyte As Administrator Of The Ethans Estate Trust

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                                FILED: BRONX COUNTY CLERK 12/15/2023 10:19 AM                                                     INDEX NO. 305209/2013E
NYSCEF DOC. NO. 72                                                                          RECEIVED NYSCEF: 12/15/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF BRONX
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          LEON SIMON and GRACE EDWARDS SIMON                                   Index No.: 0305209/2013E

                                                      Plaintiffs,              AFFIRMATION IN
                                                                               OPPOSITION

                  -against-

          BERNARD EDWARDS LEWIS, et al

                                                       Defendants.
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          STATE OF NEW YORK )
                                ) ss:
          COUNTY OF WESTCHESTER )

                  DOUGLAS J. MARTINO, ESQ., an attorney duly admitted to practice law in the courts

          of the State of New York, affirms the following to be true under the penalties of perjury:

                  1. I am a partner in the firm of Martino & Weiss, attorneys for the plaintiffs, LEON

          SIMON and GRACE EDWARDS-SIMON. As such, I am fully familiar with the facts and

          circumstances of this case.

                  2. I am the attorney of record for the plaintiffs in this action, having filed my firm’s

          Notice of Appearance on October 14, 2022,

                  3. This Affirmation is opposition to the motion filed by the defendant, Bernard Lewis, on

          October 23, 2023, seeking various relief, including an Order vacating my firm’s Notice of

          Appearance, disqualifying your Affirmant from representing the plaintiff, dismissing the

          Amended Complaint and referring this matter to the” Internal Revenue Service”

                  4. The instant application is only the latest of dozens of motions, letters and other inane

          submissions to this Court (and the Appellate Division) by Mr. Lewis, obviously designed to

          delay and complicate the prosecution of this lawsuit.



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FILED: BRONX COUNTY CLERK 12/15/2023 10:19 AM                                                   INDEX NO. 305209/2013E
NYSCEF DOC. NO. 72                                                                        RECEIVED NYSCEF: 12/15/2023




                  5. Defendant’s request to disqualify my firm is but another of his frivolous applications,

          offered with no cognizable justification for this relief, nor of course, any indication that he has

          standing to comment on who should represent his adversary in pursuing this action. My firm was

          duly retained by the plaintiffs and we have filed a Notice of Appearance to that effect. The

          existence of a previous attorney in this case is irrelevant to this fact.

                  6 Arguments as to this court’s “jurisdiction” to hear this case, as well as references to

          “newly discovered evidence” serve only to highlight the frivolity of the defendant’s application.

                  7. Lastly, the defendant’s conclusory allegations as to the veracity of the plaintiff’s (and

          others’) affidavits go to the merits of the underlying action and are misplaced in the particular

          motion.

                  8.. At this juncture, given the proclivity of the defendant to burden this Court (and strain

          the plaintiff’s limited financial resources) with endless, entirely meritless applications that only

          serve to delay and complicate the prosecution of this action, it is appropriate to request that the

          Court prohibit the defendant from filing further applications without specific leave of the Court.

                  THEREFORE, plaintiffs respectfully ask this Court to deny defendant’s motion in its

          entirety, order that the defendant be precluded from filing any further applications or motions

          without leave of this Court and grant such other and different relief as to this Court seems just

          and proper.


          Affirmed under the penalties of
          perjury at Rye Brook, New York
          this 15th day of November, 2023.


                                                          _______________________________
                                                          DOUGLAS J. MARTINO




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