Motion-Secondary: Marev Holdings, Inc. v. Hlm Capital Llc a/k/a HLM Capital Management Group, Charles Margolis

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                                FILED: NASSAU COUNTY CLERK 02/05/2024 01:51 PM                                                     INDEX NO. 619258/2023
NYSCEF DOC. NO. 8                                                                           RECEIVED NYSCEF: 02/05/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NASSAU
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          MAREV HOLDINGS, INC.

                                              Plaintiff,                          Index No.: 619258/2023
                   -against-                                                      AFFIRMATION OF JESSICA E.
                                                                                  LEVINE, ESQ.
          HLM CAPITAL, LLC A/K/A HLM CAPITAL
          MANAGEMENT GROUP and CHARLES MARGOLIS

                                              Defendants.
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                   Jessica E. Levine, an attorney duly admitted to practice law in the State of New York,

          affirms the following under penalties of perjury:

                   1.       I am a member of the firm Winget, Spadafora & Schwartzberg, LLP, the attorneys

          for Defendants HLM Capital, LLC, HLM Capital Management Group and Charles Margolis

          (collectively “Defendants”).

                   2.       I submit the within affirmation in support of Defendants’ motion for an order to (1)

         compel Marev Holdings, Inc. (“Plaintiff”) to submit its claims to FINRA arbitration pursuant to

         CPLR §7503(a); (2) stay the action pending the conclusion of Plaintiff’s arbitration before FINRA

         pursuant to CPLR §7503(a); and (3) for a stay of discovery pending the resolution of the instant

         motion pursuant to CPLR §3214(b) and Commercial Division Rule 11(d); or, in the alternative,

         (4) in the event the Court denies Defendants’ request for an Order compelling this matter to

         arbitration, to dismiss the Plaintiff’s Verified Complaint pursuant to CPLR § 3211(a)(1)(2) and (7)

         and (5) granting such other and further relief as this Court may deem just and proper under the

         circumstances.




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FILED: NASSAU COUNTY CLERK 02/05/2024 01:51 PM                                                   INDEX NO. 619258/2023
NYSCEF DOC. NO. 8                                                                        RECEIVED NYSCEF: 02/05/2024




                 3.       Annexed hereto as Exhibit A is a true and correct copy of the Verified Complaint,

          filed by Plaintiff on or about November 30, 2023.

                 4.       Defendants’ motion should be granted. As is set forth herein and in the memorandum

          of law filed concurrently herewith, in opening its brokerage account with non-party Wells Fargo

          Advisors Financial Networks, LLC (“WFAFN”), Plaintiff signed a Client Agreement that included a

          Pre-Dispute Arbitration Clause.

                 5.       A true and correct copy of this Client Agreement is annexed hereto as Exhibit B.

                 6.       On December 8, 2011, Martin Oliner, as President of Marev Holdings, Inc.

          acknowledged that he “read and agree[d] to be bound by the Client Agreement. A true and correct

          copy of Mr. Oliner’s signature page confirming same is annexed hereto as Exhibit C.

                 7.       Defendant Charles Margolis is a registered representative of WFAFN and carries out

          WFAFN’s business of selling securities. A true and correct copy of Mr. Margolis’s FINRA

          BrokerCheck Report is annexed hereto as Exhibit D.

                 8.       I declare under penalty of perjury that the true and correct copies of said documents

          are attached.

                 Wherefore, based on the foregoing, along with the accompanying memorandum of law, the

          Defendants respectfully request that the claims be compelled to binding arbitrations, and this

          action be stayed action pending the disposition of the arbitrations pursuant to CPLR §7503(a). In

          the event the Court denies the portion of the instant motion seeking to compel arbitration, Defendants

          respectfully request an Order dismissing the Plaintiff’s Verified Complaint pursuant to CPLR §

          3211(a)(1)(2) and (7), along with such other and further relief as this Court deems equitable, just

          and proper.




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FILED: NASSAU COUNTY CLERK 02/05/2024 01:51 PM                             INDEX NO. 619258/2023
NYSCEF DOC. NO. 8                                                    RECEIVED NYSCEF: 02/05/2024




                Dated: New York, New York
                       February 5, 2024
                                                        WINGET, SPADAFORA &
                                                        SCHWARTZBERG, LLP


                                                  By:    /s/ Jessica Levine
                                                  ________________________________
                                                        Jessica E. Levine




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