Motion-Secondary: Akf Inc. D/B/A Fundkite v. Sale Llc D/B/A AS GOOD AS IT GETS CAFÉ, Abderrahim Hmina, Nabila Mrabet-Hmina, The Starbridge Group Llc, Kenzie Consulting Llc

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                                FILED: NEW YORK COUNTY CLERK 03/26/2024 02:23 PM                                                 INDEX NO. 651573/2024
NYSCEF DOC. NO. 9                                                                         RECEIVED NYSCEF: 03/26/2024




          SUPREME COURT OF STATE OF NEW YORK
          COUNTY OF NEW YORK

          AKF INC., D/B/A FUNDKITE,

                                          Petitioner,                         Index No.

                             -against-

          SALE LLC D/B/A AS GOOD AS IT GETS CAFÉ,                         AFFIRMATION OF OLEG A.
          ABDERRAHIM HMINA, NABILA MRABET-                                MESTECHKIN IN SUPPORT
          HMINA, THE STARBRIDGE GROUP LLC and                                  OF PETITION
          KENZIE CONSULTING LLC,

                                           Respondents.



                 OLEG A. MESTECHKIN, an Attorney duly admitted in the State of New York, subscribes

          and affirms pursuant to CPLR Rule 2106(a) that the following is true under the penalties of perjury:

                 1.      The undersigned is not a party to this proceeding, is over the age of 18 and is an

          attorney admitted to practice in the courts of the State of New York.

                 2.      The following is true to the undersigned’s personal knowledge, except as to matters

          thereon stated to be alleged on information and belief, and that, as to those matters the undersigned

          believes them to be true. The grounds of the undersigned’s belief that all matters not stated upon

          the undersigned’s personal knowledge are true are that he has received information from his client

          or attorneys at Mestechkin Law Group, P.C., and has reviewed documents pertaining to such

          subject matters.

                 3.      The undersigned is the attorney of record for the Petitioner AKF Inc. d/b/a Fundkite

          (“Fundkite”) in the above captioned action and makes this affirmation in support of Fundkite’s

          Verified Petition to Confirm Arbitration Award.

                 4.      The undersigned is currently a Partner at Mestechkin Law Group, P.C., and has

          been affiliated with this law firm or its predecessors for the past eight (8) years.




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FILED: NEW YORK COUNTY CLERK 03/26/2024 02:23 PM                                                INDEX NO. 651573/2024
NYSCEF DOC. NO. 9                                                                       RECEIVED NYSCEF: 03/26/2024




                  5.     The arbitration upon which this special proceeding is based was arbitrated before

          the Mediation and Civil Arbitration, Inc d/b/a RapidRuling (“Rapid”) by Ira David. The

          undersigned has had direct communications with Arbitrator Ira David in the course of preparing

          this special proceeding, and Alex Shvarts, Chief Executing Officer for Fundkite, has confirmed

          the validity and truth of the Verified Petition to Confirm Arbitration Award, as well as Exhibits A

          through G attached to such Verified Petition.

                  6.     The Award of Arbitrator which Petitioner seeks to confirm is in writing, signed and

          affirmed by the arbitrator and otherwise meets the requirements of CPLR §7507. Please see Exhibit

          G to the Verified Petition to Confirm Arbitration Award.

                  7.     The Award of Arbitrator which Petitioner seeks to confirm was delivered on or

          about February 12, 2024, and therefore, this special proceeding has been timely commenced within

          one year after the delivery of such award, as required by CPLR §7510. Please see Exhibit G to the

          Verified Petition to Confirm Arbitration Award.

                  8.     The Award of Arbitrator has not been vacated or modified under CPLR §7511.

                  9.     The record of this special proceeding considered, Petitioner is entitled to the relief

          it seeks pursuant to CPLR §7514: (1) confirm the written Final Award of Arbitrator dated February

          12, 2024, in all respects, (2) enter judgment upon the confirmation of such award against

          Respondents in favor of Petitioner in the amount of $119,262.17, and award all costs in confirming

          this Final Award and 9% post-judgment interest; and (3) grant such other relief as the Court deems

          just and proper.

                  10.    The present Petition to Confirm Arbitration Award satisfies the requirements of

          CPLR 2217(b) as the Petitioner has not previously sought the relief sought by the present motion

          for Confirmation of Arbitration Award.




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FILED: NEW YORK COUNTY CLERK 03/26/2024 02:23 PM                           INDEX NO. 651573/2024
NYSCEF DOC. NO. 9                                                   RECEIVED NYSCEF: 03/26/2024




          Dated: March 26, 2024
                 Brooklyn, New York   /s/ Oleg A. Mestechkin
                                      Oleg A. Mestechkin, Esq.
                                      Wing K. Chiu, Esq.
                                      MESTECHKIN LAW GROUP P.C.
                                      2218 Ocean Avenue
                                      Brooklyn, NY 11229
                                      Tel. (212) 256-1113
                                      Fax. (646) 358-4906
                                      om@lawmlg.com
                                      wkc@lawmlg.com

                                      Attorneys for Petitioner AKF Inc. d/b/a Fundkite




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