On March 11, 2024 a
Complaint,Petition
was filed
involving a dispute between
Yechiel Fastag,
and
Yitzchok Radzik
A K A Isaac Radzik,
for Special Proceedings - CPLR Article 75
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------x
YECHIEL FASTAG
Index No.______________
Petitioner,
- against - VERIFIED PETITION
YITZCHOK RADZIK a/k/A ISAAC RADZIK;
Respondent.
---------------------------------------------------------------x
Petitioner YECHIEL FASTAG (the “Petitioner”), as and for his petition against
Respondent Yitzchok Radzik a/k/a Isaac Radzik (the “Respondent”), by his undersigned attorneys,
allege as follows:
PRELIMINARY STATEMENT
1. This proceeding is brought pursuant to Article 75 of the Civil Practice Law and Rules for
an order: (a) confirming an award in the arbitration proceedings between Petitioner and Respondent,
pursuant to CPLR §7510; (b) directing judgment to be entered in Petitioner’s favor pursuant to CPLR
7514; and (c) for such other further and different relief as this Court deems just and proper.
2. As set forth below, the parties herein agreed to arbitrate their disputes before a three
arbitrator panel (the “Panel”) administered by the Rabbinical Court of Kolel Tartikov (the
“Rabbinical Court”) pursuant to a written arbitration agreement dated September 13, 2023. A true
and accurate copy of the “Agreement” is annexed as Exhibit A with a certified translation.
3. On February 14, 2024 the Panel rendered a final, non-appealable award (the “Final
Award”) in favor of Petitioner and against Respondent. A true and accurate copy of the Final
Award is annexed as Exhibit B, together with a certified translation of the Final Award.
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4. Pursuant to the Final Award, the Panel awarded the Petitioner a judgment in favor of
the Petitioner and against the Respondent in the amount of $102,600. See Exhibit B.
5. No part of the Final Award has not been paid to the Petitioner.
6. The petitioner therefore brings this petition to confirm the Final Award and request
that the Court enter judgment accordingly.
PARTIES
7. Petitioner is an individual residing in the State of New York.
8. Upon information and belief, Respondent resides in the State of New York, County
of Kings.
BACKGROUND
9. Petitioner provided a loan in the amount of $300,000 to nonparty EZ Consulting
LLC (the “Loan”).
10. The Loan was secured by a note executed by EZ Consulting LLC in favor of the
Petition on March 22, 2023 (the “Note”). See Exhibit C.
11. Respondent agreed to guaranty the repayment of the Loan by executing a Guaranty
Agreement in favor of the Petitioner on March 22, 2023 (the “Guaranty”). See Exhibit D.
12. The Loan was not repaid to the Petitioner and there was a disagreement as to the
amounts the Respondent was obligated to pay the Petitioner.
13. The Petitioner and Respondent agreed to submit their dispute to the Panel. See
Exhibit A.
14. After the Panel reviewed the facts and law, the Panel rendered the Final Award in
favor of Petitioner and against Respondent. The Final Award is final and non-appealable to any
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other Court or tribunal. A true and accurate copy of the Final Award is annexed as Exhibit B,
together with a certified translation.1
15. Pursuant to the Final Award, the Panel awarded the Petitioner a judgment in favor
of the Petitioner and against the Respondent in the amount of $102,600. See Exhibit B.
16. On or about February 18, 2024, the date of the Final Award, the Final Award was
delivered to the Petitioner and Respondent via e-mail.
17. No payments have been received to reduce the amounts due in the Final Award.
18. As of the date of the filing of this Petition, no proceeding has been filed to vacate
or modify the Award pursuant to CPLR § 7511.
19. This Court has jurisdiction to enter the Judgment because Respondent resides in this
Country.
20. This petition is being brought within one year after the delivery of the above-
referenced Final Award to the Respondent and Petitioner, the Final Award has not been vacated or
modified.
21. No prior request has been made for the relief demanded herein.
CLAIM FOR RELIEF
WHEREFORE, Petitioner demands judgment against defendants as follows:
a. Confirming the Final Award pursuant to CPLR 7514; and
b. Directing judgment be entered pursuant to CPLR 7514 in favor of Petitioner and
against Respondents Respondent in the amount of $102,600.
c. Awarding Petitioner costs; and
d. Awarding Petitioner such other and further relief as the Court deems just and proper.
1
The Final Award was written in Hebrew and was translated by a certified translator to English.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
Dated: Cedarhurst, New York
March 11 , 2024
JACOBOWITZ NEWMAN TVERSKY LLP
Attorneys for Petitioner
By: /s/Aviva Francis
Aviva Francis
377 Pearsall Avenue, Suite C
Cedarhurst, New York 11516
(516) 545-0343
afrancis@jntllp.com
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
VER1FICATION
012
S1ATE NEW YORK )
ss:
YEClllEl, FASTAG, who does not swear for religious reasons, hereby
affirms to the
truth of the truth of the under of perjury:
following, penalty
l. That I am the Petitioner in the above captioned matter and am fully
familiar
with the facts and circumstances of this action.
2. That I have read the
foregoing Petition and know the contents thereof.
3. That the same is true of my own knowledge, except as to those matters alleged
upon information and belief. As to those matters stated to be alleged upon information and
belief, I believe them to be true, based upon official court papers, conversations with my attorney
and others and independent investigations.
By:
YEC FAS A
Affirmed to before me this
B day of March, 2024
Notary Public
15æ RUBlN
of New York
Public
- State
7 Notary
NO.
01RU6363947
Rockland County
Quahfied in
2025
Commiss on Expires Sep 5,
My
5 of 5
Document Filed Date
March 11, 2024
Case Filing Date
March 11, 2024
Category
Special Proceedings - CPLR Article 75
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FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------x YECHIEL FASTAG Index No.______________ Petitioner, - against - VERIFIED PETITION YITZCHOK RADZIK a/k/A ISAAC RADZIK; Respondent. ---------------------------------------------------------------x Petitioner YECHIEL FASTAG (the “Petitioner”), as and for his petition against Respondent Yitzchok Radzik a/k/a Isaac Radzik (the “Respondent”), by his undersigned attorneys, allege as follows: PRELIMINARY STATEMENT 1. This proceeding is brought pursuant to Article 75 of the Civil Practice Law and Rules for an order: (a) confirming an award in the arbitration proceedings between Petitioner and Respondent, pursuant to CPLR §7510; (b) directing judgment to be entered in Petitioner’s favor pursuant to CPLR 7514; and (c) for such other further and different relief as this Court deems just and proper. 2. As set forth below, the parties herein agreed to arbitrate their disputes before a three arbitrator panel (the “Panel”) administered by the Rabbinical Court of Kolel Tartikov (the “Rabbinical Court”) pursuant to a written arbitration agreement dated September 13, 2023. A true and accurate copy of the “Agreement” is annexed as Exhibit A with a certified translation. 3. On February 14, 2024 the Panel rendered a final, non-appealable award (the “Final Award”) in favor of Petitioner and against Respondent. A true and accurate copy of the Final Award is annexed as Exhibit B, together with a certified translation of the Final Award. 1 of 5 FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 4. Pursuant to the Final Award, the Panel awarded the Petitioner a judgment in favor of the Petitioner and against the Respondent in the amount of $102,600. See Exhibit B. 5. No part of the Final Award has not been paid to the Petitioner. 6. The petitioner therefore brings this petition to confirm the Final Award and request that the Court enter judgment accordingly. PARTIES 7. Petitioner is an individual residing in the State of New York. 8. Upon information and belief, Respondent resides in the State of New York, County of Kings. BACKGROUND 9. Petitioner provided a loan in the amount of $300,000 to nonparty EZ Consulting LLC (the “Loan”). 10. The Loan was secured by a note executed by EZ Consulting LLC in favor of the Petition on March 22, 2023 (the “Note”). See Exhibit C. 11. Respondent agreed to guaranty the repayment of the Loan by executing a Guaranty Agreement in favor of the Petitioner on March 22, 2023 (the “Guaranty”). See Exhibit D. 12. The Loan was not repaid to the Petitioner and there was a disagreement as to the amounts the Respondent was obligated to pay the Petitioner. 13. The Petitioner and Respondent agreed to submit their dispute to the Panel. See Exhibit A. 14. After the Panel reviewed the facts and law, the Panel rendered the Final Award in favor of Petitioner and against Respondent. The Final Award is final and non-appealable to any 2 2 of 5 FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 other Court or tribunal. A true and accurate copy of the Final Award is annexed as Exhibit B, together with a certified translation.1 15. Pursuant to the Final Award, the Panel awarded the Petitioner a judgment in favor of the Petitioner and against the Respondent in the amount of $102,600. See Exhibit B. 16. On or about February 18, 2024, the date of the Final Award, the Final Award was delivered to the Petitioner and Respondent via e-mail. 17. No payments have been received to reduce the amounts due in the Final Award. 18. As of the date of the filing of this Petition, no proceeding has been filed to vacate or modify the Award pursuant to CPLR § 7511. 19. This Court has jurisdiction to enter the Judgment because Respondent resides in this Country. 20. This petition is being brought within one year after the delivery of the above- referenced Final Award to the Respondent and Petitioner, the Final Award has not been vacated or modified. 21. No prior request has been made for the relief demanded herein. CLAIM FOR RELIEF WHEREFORE, Petitioner demands judgment against defendants as follows: a. Confirming the Final Award pursuant to CPLR 7514; and b. Directing judgment be entered pursuant to CPLR 7514 in favor of Petitioner and against Respondents Respondent in the amount of $102,600. c. Awarding Petitioner costs; and d. Awarding Petitioner such other and further relief as the Court deems just and proper. 1 The Final Award was written in Hebrew and was translated by a certified translator to English. 3 3 of 5 FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 Dated: Cedarhurst, New York March 11 , 2024 JACOBOWITZ NEWMAN TVERSKY LLP Attorneys for Petitioner By: /s/Aviva Francis Aviva Francis 377 Pearsall Avenue, Suite C Cedarhurst, New York 11516 (516) 545-0343 afrancis@jntllp.com 4 4 of 5 FILED: KINGS COUNTY CLERK 03/11/2024 05:32 PM INDEX NO. 507151/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 VER1FICATION 012 S1ATE NEW YORK ) ss: YEClllEl, FASTAG, who does not swear for religious reasons, hereby affirms to the truth of the truth of the under of perjury: following, penalty l. That I am the Petitioner in the above captioned matter and am fully familiar with the facts and circumstances of this action. 2. That I have read the foregoing Petition and know the contents thereof. 3. That the same is true of my own knowledge, except as to those matters alleged upon information and belief. As to those matters stated to be alleged upon information and belief, I believe them to be true, based upon official court papers, conversations with my attorney and others and independent investigations. By: YEC FAS A Affirmed to before me this B day of March, 2024 Notary Public 15æ RUBlN of New York Public - State 7 Notary NO. 01RU6363947 Rockland County Quahfied in 2025 Commiss on Expires Sep 5, My 5 of 5