Preview
FILED: KINGS
FILED: KINGS COUNTY
COUNTY CLERK
CLERK 04/02/2024
02/03/2022 11:19
04:37 PM
PM INDEX NO.
INDEX NO. 520492/2021
520492/2021
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 676
153 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/02/2024
02/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---__---_________-----,------ --.. ----....-------------......---X
ISAAC HERSKO A/K/A YITZCHOK
SHLOMO HERSKO, :
: Index No. 520492/2021
:
Plaintiff, : Hon. K. Rothenberg
:
-against- : Motion Seq. 2
:
BARRY HERSKO A/K/A ZEV DOV :
HERSKO A/K/A/ BEREL HERSKO, BELLA : AFFIDAVIT IN SUPPORT OF
WILSON-HINS : MOTION TO SUBMIT SUR-
HERSKO, ASSOCIATES,
INC., CLARK WILSON, INC., WILSON : OPPOSITION
PROPERTIES & EQUITIES, INC., WILSON :
FLAT, INC., WILSON HAN ASSOCIATES, :
INC., WILSON-MER ASSOCIATES, INC., :
B. CLARK ASSOCIATES, INC., 516 :
KINGSTON, LLC and ABRAHAM :
WEISEL, as escrow agent, :
Defendants.
-___--------- ------..-----------------------------------X
STATE OF NEW YORK )
)ss:
COUNTY OF KINGS )
Barry Herskn3 being duly sworn, deposes and says:
1. I am Isaac Hersko's brother and a named defendant in this action. I am also a
member of defendant 516 and sole shareholder and officer of defeñdants Wilson-
Kingston, LLC,
Hins Associates, Inc., Clark Wilson, Inc., Wilson Properties & Equities, Inc., Wilson Flat, Inc.,
Wilson Han Associates, Inc., Wilsen-Mer Associates, Inc., and B. Clark Associates, Inc.
(collectively, "Corporate Defendants"). As such, I have personal knowledge of the facts and
circumstances set forth herein.
2. I respectfully submit this affidavit to apprise the Court of the facts and
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INDEX NO. 520492/2021
520492/2021
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 676
153 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/02/2024
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circumstances the creation of the Hebrew language documcñt produced by Aaron
surrc-üñding
Ben2ion Mandel, over objection that the document he anached to his response to subpoena was to
be released upon the express authorization of me, Isaac, and our respective sons, which
only
authorization was not received by Mandel. A copy of Mandel's response to subpoena was filed at
NYSCEF Doc. No. 1.08. English trañslations of the Hebrew language document attached to
Mandel's response to subpoeña were filed by me (NYSCEF Doc. No. 109 and by Isaac (NYSCEF
").1
Doc. No. l_l_l) ("Written Acknowledgement
3. As detailed below, at the time we entered into the Written Ackñowledgement, Isaac
falsely claimed to be on his death bed, and I did whatever I could to give him comfort in his final
days.
4. I signed the Written Acknewledgement solely for the purpose of providing my
supposedly dying brother with peace of mind, and I was secure in the knewledge that the Written
Acknowledgement would never become operative.
5. The Written Acknowledgement neither creates a new partnarchip nor memorializes
an existing one.
6. What Isaac omits to tell this Court is that he had disclaird
previõüsly explicitly
being a 50-50 partner in the Corporate Defendants or holding a 50% ownership interest in the
properties held in the name of the Corporate Defendants (the "Buildings"):
a. Wilson Hins Associates, Inc. owns 553 Hinsdale Street, Brooklyn, New York;
b. Wilson Properties & Equities owns 930 Dekalb Avenue, Brooklyn, New York;
c. Clark Wilson Inc. owns 60 Clarkson Avenue, Brooklyn, New York;
d. Wilson Flat, Inc. owns 401 East 21st Street, Brooklyn, New York;
3 As exphined the paper was an ackacwledgiñent and not an agreement.
by Mr. Mandel in his dep::!:ics,
See Tr: 43:22-44:3; 283:5-17; see also McAvey Affinnation ¶¶ 23-25.
2
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PM INDEX NO.
INDEX NO. 520492/2021
520492/2021
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 676
153 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/02/2024
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e. Wilson Han Ass0ciates Inc. owns 666 Hañcock Street, Brooklyn, New York;
f. Wilson-Mer Associates, Inc. owns 279 Kosciusko Street, Brooklyn, New York;
g. 516 Kingston LLC owns 516 Kingston Avenue, Brooklyn, NY; and
h. B. Clark Associates, Inc. owns 250 Clarksca Avenue, Brooklyn, New York and
270 Clarkson Avenue, Brooklyn, New York.
7. Isaac's prior affirmative and sworn disdemer of was truthful. Isaac is
ownership
not and was never a 50-50 partner in my business affairs.
POINT I: ISAAC FAKES TERMINAL CANCER
8. In September 2016, Isaac's son Moshe Hersko called me in a panic to tell me that
Isaac had a fatal and fast-acting cancer and had only a few weeks to live. I was shocked at hearing
that the brother I loved was dying.
9. Moshe told me that Isaac was very upset that his money was tied up in contracts
involving homeless shelters for which the City of New York still was not making promised
payments. Moshe wanted to find a way to provide Isaac with some peace of mind and had asked
for my assistance in that regard. I agreed that I would create a non-operational document that
would iñdicate to Isaac that he had owner±ip interest in my various properties as a means of
r=!=i=g Isaac and having him have peace of mind in his dying days that his children would be
provided for.
"911"
10. I called Aaron Benzion Mandel and explaiñêd the emergency. Mr. Mandel
eczn-
is a highly respected legal authority in our y and would know how to assist us in
providiñg this peace of mind to Isaac. I had asked Mr. Mandel to create a document which under
Jewish law would only be effective upon the release of the document to Isaac and only if I (and
the other parties to the document) would agree to release the document which would be held in
3
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NYSCEF DOC.
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NO. 676
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escrow by Mr. Mandel.
1l. It was never my intention for this document to become operational and indeed the
document was drafted in such a way that, under Jewish law, it would not be operational unless I
(among others) agreed to release it and Isaac would take possession of the docuiñent. Given the
fact that I was (falsely) told that Isaac had only a very short time to live, it was understood that the
release of the document and passessión by Isaac would never occur and thus the document would
not become operational. I have never cõñsêñted to its release.
12. I explained to Mandel that the purpose of the Written Acknowledgment was to
immediately provide peace of mind to my dying brother who I loved; it was not to give millions
dollars'
of worth of my assets to Isaac for no considerati0ñ.
13. I gave Mandel a listing of the nine buildiñgs at issue in this action ("Buildings")
and emphasized that (i) the document would require the authorization of me, Isaac, and our
respective sons to be released from escrow in order to become effective; and (ii) Mr. Mandel would
hold the document in escrow.
14. In furtherañce of its purpose that the document would not, under Jewish law, be
operational unless there was a release from escrow and possession was taken by Isaac, no
consideration was recited for the transfer of my assets, and none changed hands.
mortgages"
15. In that regard, reference in the Written Acknowledgement to "all
show" all."
specifies that they are "just for and "no debt shall be attributed to them at No money
was exchanged pursuant to these mortgages upon their issnance or in repayment. In fact, when two
of the mortgages were issued (annexed hereto as Exhibit A), Isaac's son, as mortgagee, was 13
show"
years old, and 14 years old, respectively. The mortgages were "just for so they could not be
"forgiven."
4
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INDEX NO. 520492/2021
520492/2021
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 676
153 RECEIVED NYSCEF:
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16. Between the time I called Mandel and asked him to prepare the document, and the
time of its execution 2-3 days later, I stayed with my family praying for Isaac.
17. There were no negotiations between Isaac and I concerning the Written
Acknowledgement.
18. When I went to sign the Written Acknowledgement, and as acknowledged by
Mandel in his deposition, I didn't review what Mandel had prepared because I knew it would never
be released and would never become effective since the Written Ackñowledgement was only
prepared and executed to give Isaac cemfõrt before his death.
19. Thereafter, Isaac continued to work in my office while he supposedly continued to
treat his cancer. Isaac would tell me he was leaving the office to get chemonerapy but would
return an hour or two later, as though nothing had happened.
20. As years went I came to realize that Isaac was not - his condition was
by, dying
unchanged.
21. I got a call from my sister Miriam Herbst at the end of 2020. She visited the same
doctor who Isaac claimed he was using. She asked the doctor how her brother Isaac was doing and
was told Isaac did not have cancer. I was horrified to learn that Isaac had been lying to me about
treatrnanta I could not believe
his cancer, his diagnosis, and his to gain and keep my sympathy.
that my own brother would deceive me with such a monstrous lie. Isaac's lie was the biggest
betrayal I have ever suffered. I confronted him and we argued. Eventually, I ended up denying him
compeics'
any further access to my office, but not before he had wreaked havoc on my books
and records which will be diseüssed in greater detail below. Isaac's family's duplicity is the subject
of another lawsuit.
22. I acted quickly to try to provide my brother peace of mind when I thought he was
5
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NYSCEF DOC.
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NO. 676
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about to die and had Mandel prepare the Written Acknowledgment. Isaac now understands that
the Written Acknowledgement was solely created for the purpose of providing comfort to a dying
brother and was never iñteñded to transfer my assets to him. In fact, I entered into an agreement
with Isaac to have the Written Ackñvwledgment interpreted and enforced by a Jewish tribunal of
a Beis Din and to have them determine the disposition of the assets at issue. Pursuant to such
agreement, I agreed to provide my consent to Mañdel to produce the Written Acknowledgement
to the tribunal, effectively subjecting the disposition of my assets to their judgment. See McAvey
"C"
Aff. ¶ 31 citing Exhibit "G", page 243, lines 13-25 ; id., Exhibit marked at deposition; id., page
235, lines 5-14. In exchange, Isaac agreed to escrow $10 Million with the Beis Din. See id.
Knowing that the Beis Din would find that the Written Agreement was not effective under Jewish
law, he reneged in the eleventh hour and pursued this action in the secular Court. See id., page
242 line 13 through page 243 line 12. Notably, imanediately after filing this lawsuit, Isaac issued
the subpoena to have Mandel release the Written Ackñowledgment without the necessary
authorizations-knowing that without my consent, the document was not operative.
***
23. Sadly, five and half years later, Isaac is still falsely cE!÷g to suffer from
cancer."
"advañced stage NYSCEF Doc. No. 3, 51 and see Exhibit B hereto (Isaac's counsel's
January 9, 2022 letter to the New Jersey court opposing four-week adjournment because, among
other reasons, Isaac is "quite ill with terminal cancer so such a delay could very well impede his
right to pursue this case").
24. While I do not wish ill on my brother, his lie was, and remains, indefensible.
25. When I called Mr. Mandel in distress in September 2016 and asked him to prepare
the Written Ackñowledgement, I believed my beloved brother was about to die and I wanted to
6
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NO. 676
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provide peace of mind to him. Instead, I have to come to learn I was blachailed and
emotionally
extorted.
POINT II: ISAAC WAS NEVER MY 50-50 PARTNER
26. The Written Ackñõwledgament did not memorialize an ongoiñg partnership
relationship between me and Isaac concerning the Buildiñgs because none had ever existed.
27. Isaac's unsubstantiated claim that he provided his own moucy to purchase the
E:!!fisp (Isaac Aff. ¶ 6) is false because Isaac never put up the money to purchase the Buildings.
28. Patting aside the fact that Isaac's name does not appear on the relevant deeds or the
corporate governing documents, if Isaac had purchased the Buildings, he would be able to show
the Court the checks he wrote to purchase them. Since he didn't put up the money, he has nothing
to show and no doubt he represented to the federal and state governments in his tax filings that he
had no ownership interest in the Buildings and thus did not report any income from such alleged
ownership in the Buildings.
29. If Isaac had been my longtime 50-50 partner, he would have tax documents
showing his ownership interest as well as his payment of taxes on reveñües generated by the
Corporate Defendants and/or the Buildings. Since he was never a partner or joint venturer or
otherwise, he has nothing to show.
30. No one in their right mind would have agreed to the deal Isaac is describing and I
certainly never did.
years.2
31. According to Isaac (Isaac Aff. ¶ 8), we shared an office for twenty-five In
fact, I only allowed him use of a desk in my office when I started to rent units to him at the end of
2 Isaac had his own intemstc with my interests when, for
business which, as discussed below, intenected
instance, his company which provided h:=:::s: services to D.H.S. rented units from my Buildings to house the
homeless.
7
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2001
32. Throughout that time, Isaac and his wife Denissi Hersko had complete access to
and control over the books and records of the Corporate Defeñd:=ts.
33. Isaac and Denissi manipulated the books and stole from me. They made the books
falsely show that I received money I never in fact received. Their manipulation of the books
resulted in me paying taxes on funds I never received and cñabled them to take funds for which
they did not account.
34. As one salient example of Isaac's ongoing access and misconduct, despite the fact
that Isaac was not an officer of defendant Wilson Han Associates, Inc. and not an aut
Preview
FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---__---_________-----,------ --.. ----....-------------......---X ISAAC HERSKO A/K/A YITZCHOK SHLOMO HERSKO, : : Index No. 520492/2021 : Plaintiff, : Hon. K. Rothenberg : -against- : Motion Seq. 2 : BARRY HERSKO A/K/A ZEV DOV : HERSKO A/K/A/ BEREL HERSKO, BELLA : AFFIDAVIT IN SUPPORT OF WILSON-HINS : MOTION TO SUBMIT SUR- HERSKO, ASSOCIATES, INC., CLARK WILSON, INC., WILSON : OPPOSITION PROPERTIES & EQUITIES, INC., WILSON : FLAT, INC., WILSON HAN ASSOCIATES, : INC., WILSON-MER ASSOCIATES, INC., : B. CLARK ASSOCIATES, INC., 516 : KINGSTON, LLC and ABRAHAM : WEISEL, as escrow agent, : Defendants. -___--------- ------..-----------------------------------X STATE OF NEW YORK ) )ss: COUNTY OF KINGS ) Barry Herskn3 being duly sworn, deposes and says: 1. I am Isaac Hersko's brother and a named defendant in this action. I am also a member of defendant 516 and sole shareholder and officer of defeñdants Wilson- Kingston, LLC, Hins Associates, Inc., Clark Wilson, Inc., Wilson Properties & Equities, Inc., Wilson Flat, Inc., Wilson Han Associates, Inc., Wilsen-Mer Associates, Inc., and B. Clark Associates, Inc. (collectively, "Corporate Defendants"). As such, I have personal knowledge of the facts and circumstances set forth herein. 2. I respectfully submit this affidavit to apprise the Court of the facts and 1 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 circumstances the creation of the Hebrew language documcñt produced by Aaron surrc-üñding Ben2ion Mandel, over objection that the document he anached to his response to subpoena was to be released upon the express authorization of me, Isaac, and our respective sons, which only authorization was not received by Mandel. A copy of Mandel's response to subpoena was filed at NYSCEF Doc. No. 1.08. English trañslations of the Hebrew language document attached to Mandel's response to subpoeña were filed by me (NYSCEF Doc. No. 109 and by Isaac (NYSCEF ").1 Doc. No. l_l_l) ("Written Acknowledgement 3. As detailed below, at the time we entered into the Written Ackñowledgement, Isaac falsely claimed to be on his death bed, and I did whatever I could to give him comfort in his final days. 4. I signed the Written Acknewledgement solely for the purpose of providing my supposedly dying brother with peace of mind, and I was secure in the knewledge that the Written Acknowledgement would never become operative. 5. The Written Acknowledgement neither creates a new partnarchip nor memorializes an existing one. 6. What Isaac omits to tell this Court is that he had disclaird previõüsly explicitly being a 50-50 partner in the Corporate Defendants or holding a 50% ownership interest in the properties held in the name of the Corporate Defendants (the "Buildings"): a. Wilson Hins Associates, Inc. owns 553 Hinsdale Street, Brooklyn, New York; b. Wilson Properties & Equities owns 930 Dekalb Avenue, Brooklyn, New York; c. Clark Wilson Inc. owns 60 Clarkson Avenue, Brooklyn, New York; d. Wilson Flat, Inc. owns 401 East 21st Street, Brooklyn, New York; 3 As exphined the paper was an ackacwledgiñent and not an agreement. by Mr. Mandel in his dep::!:ics, See Tr: 43:22-44:3; 283:5-17; see also McAvey Affinnation ¶¶ 23-25. 2 2 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 e. Wilson Han Ass0ciates Inc. owns 666 Hañcock Street, Brooklyn, New York; f. Wilson-Mer Associates, Inc. owns 279 Kosciusko Street, Brooklyn, New York; g. 516 Kingston LLC owns 516 Kingston Avenue, Brooklyn, NY; and h. B. Clark Associates, Inc. owns 250 Clarksca Avenue, Brooklyn, New York and 270 Clarkson Avenue, Brooklyn, New York. 7. Isaac's prior affirmative and sworn disdemer of was truthful. Isaac is ownership not and was never a 50-50 partner in my business affairs. POINT I: ISAAC FAKES TERMINAL CANCER 8. In September 2016, Isaac's son Moshe Hersko called me in a panic to tell me that Isaac had a fatal and fast-acting cancer and had only a few weeks to live. I was shocked at hearing that the brother I loved was dying. 9. Moshe told me that Isaac was very upset that his money was tied up in contracts involving homeless shelters for which the City of New York still was not making promised payments. Moshe wanted to find a way to provide Isaac with some peace of mind and had asked for my assistance in that regard. I agreed that I would create a non-operational document that would iñdicate to Isaac that he had owner±ip interest in my various properties as a means of r=!=i=g Isaac and having him have peace of mind in his dying days that his children would be provided for. "911" 10. I called Aaron Benzion Mandel and explaiñêd the emergency. Mr. Mandel eczn- is a highly respected legal authority in our y and would know how to assist us in providiñg this peace of mind to Isaac. I had asked Mr. Mandel to create a document which under Jewish law would only be effective upon the release of the document to Isaac and only if I (and the other parties to the document) would agree to release the document which would be held in 3 3 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 escrow by Mr. Mandel. 1l. It was never my intention for this document to become operational and indeed the document was drafted in such a way that, under Jewish law, it would not be operational unless I (among others) agreed to release it and Isaac would take possession of the docuiñent. Given the fact that I was (falsely) told that Isaac had only a very short time to live, it was understood that the release of the document and passessión by Isaac would never occur and thus the document would not become operational. I have never cõñsêñted to its release. 12. I explained to Mandel that the purpose of the Written Acknowledgment was to immediately provide peace of mind to my dying brother who I loved; it was not to give millions dollars' of worth of my assets to Isaac for no considerati0ñ. 13. I gave Mandel a listing of the nine buildiñgs at issue in this action ("Buildings") and emphasized that (i) the document would require the authorization of me, Isaac, and our respective sons to be released from escrow in order to become effective; and (ii) Mr. Mandel would hold the document in escrow. 14. In furtherañce of its purpose that the document would not, under Jewish law, be operational unless there was a release from escrow and possession was taken by Isaac, no consideration was recited for the transfer of my assets, and none changed hands. mortgages" 15. In that regard, reference in the Written Acknowledgement to "all show" all." specifies that they are "just for and "no debt shall be attributed to them at No money was exchanged pursuant to these mortgages upon their issnance or in repayment. In fact, when two of the mortgages were issued (annexed hereto as Exhibit A), Isaac's son, as mortgagee, was 13 show" years old, and 14 years old, respectively. The mortgages were "just for so they could not be "forgiven." 4 4 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 16. Between the time I called Mandel and asked him to prepare the document, and the time of its execution 2-3 days later, I stayed with my family praying for Isaac. 17. There were no negotiations between Isaac and I concerning the Written Acknowledgement. 18. When I went to sign the Written Acknowledgement, and as acknowledged by Mandel in his deposition, I didn't review what Mandel had prepared because I knew it would never be released and would never become effective since the Written Ackñowledgement was only prepared and executed to give Isaac cemfõrt before his death. 19. Thereafter, Isaac continued to work in my office while he supposedly continued to treat his cancer. Isaac would tell me he was leaving the office to get chemonerapy but would return an hour or two later, as though nothing had happened. 20. As years went I came to realize that Isaac was not - his condition was by, dying unchanged. 21. I got a call from my sister Miriam Herbst at the end of 2020. She visited the same doctor who Isaac claimed he was using. She asked the doctor how her brother Isaac was doing and was told Isaac did not have cancer. I was horrified to learn that Isaac had been lying to me about treatrnanta I could not believe his cancer, his diagnosis, and his to gain and keep my sympathy. that my own brother would deceive me with such a monstrous lie. Isaac's lie was the biggest betrayal I have ever suffered. I confronted him and we argued. Eventually, I ended up denying him compeics' any further access to my office, but not before he had wreaked havoc on my books and records which will be diseüssed in greater detail below. Isaac's family's duplicity is the subject of another lawsuit. 22. I acted quickly to try to provide my brother peace of mind when I thought he was 5 5 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 about to die and had Mandel prepare the Written Acknowledgment. Isaac now understands that the Written Acknowledgement was solely created for the purpose of providing comfort to a dying brother and was never iñteñded to transfer my assets to him. In fact, I entered into an agreement with Isaac to have the Written Ackñvwledgment interpreted and enforced by a Jewish tribunal of a Beis Din and to have them determine the disposition of the assets at issue. Pursuant to such agreement, I agreed to provide my consent to Mañdel to produce the Written Acknowledgement to the tribunal, effectively subjecting the disposition of my assets to their judgment. See McAvey "C" Aff. ¶ 31 citing Exhibit "G", page 243, lines 13-25 ; id., Exhibit marked at deposition; id., page 235, lines 5-14. In exchange, Isaac agreed to escrow $10 Million with the Beis Din. See id. Knowing that the Beis Din would find that the Written Agreement was not effective under Jewish law, he reneged in the eleventh hour and pursued this action in the secular Court. See id., page 242 line 13 through page 243 line 12. Notably, imanediately after filing this lawsuit, Isaac issued the subpoena to have Mandel release the Written Ackñowledgment without the necessary authorizations-knowing that without my consent, the document was not operative. *** 23. Sadly, five and half years later, Isaac is still falsely cE!÷g to suffer from cancer." "advañced stage NYSCEF Doc. No. 3, 51 and see Exhibit B hereto (Isaac's counsel's January 9, 2022 letter to the New Jersey court opposing four-week adjournment because, among other reasons, Isaac is "quite ill with terminal cancer so such a delay could very well impede his right to pursue this case"). 24. While I do not wish ill on my brother, his lie was, and remains, indefensible. 25. When I called Mr. Mandel in distress in September 2016 and asked him to prepare the Written Ackñowledgement, I believed my beloved brother was about to die and I wanted to 6 6 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 provide peace of mind to him. Instead, I have to come to learn I was blachailed and emotionally extorted. POINT II: ISAAC WAS NEVER MY 50-50 PARTNER 26. The Written Ackñõwledgament did not memorialize an ongoiñg partnership relationship between me and Isaac concerning the Buildiñgs because none had ever existed. 27. Isaac's unsubstantiated claim that he provided his own moucy to purchase the E:!!fisp (Isaac Aff. ¶ 6) is false because Isaac never put up the money to purchase the Buildings. 28. Patting aside the fact that Isaac's name does not appear on the relevant deeds or the corporate governing documents, if Isaac had purchased the Buildings, he would be able to show the Court the checks he wrote to purchase them. Since he didn't put up the money, he has nothing to show and no doubt he represented to the federal and state governments in his tax filings that he had no ownership interest in the Buildings and thus did not report any income from such alleged ownership in the Buildings. 29. If Isaac had been my longtime 50-50 partner, he would have tax documents showing his ownership interest as well as his payment of taxes on reveñües generated by the Corporate Defendants and/or the Buildings. Since he was never a partner or joint venturer or otherwise, he has nothing to show. 30. No one in their right mind would have agreed to the deal Isaac is describing and I certainly never did. years.2 31. According to Isaac (Isaac Aff. ¶ 8), we shared an office for twenty-five In fact, I only allowed him use of a desk in my office when I started to rent units to him at the end of 2 Isaac had his own intemstc with my interests when, for business which, as discussed below, intenected instance, his company which provided h:=:::s: services to D.H.S. rented units from my Buildings to house the homeless. 7 7 of 15 FILED: KINGS FILED: KINGS COUNTY COUNTY CLERK CLERK 04/02/2024 02/03/2022 11:19 04:37 PM PM INDEX NO. INDEX NO. 520492/2021 520492/2021 NYSCEF DOC. NYSCEF DOC. NO. NO. 676 153 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/02/2024 02/03/2022 2001 32. Throughout that time, Isaac and his wife Denissi Hersko had complete access to and control over the books and records of the Corporate Defeñd:=ts. 33. Isaac and Denissi manipulated the books and stole from me. They made the books falsely show that I received money I never in fact received. Their manipulation of the books resulted in me paying taxes on funds I never received and cñabled them to take funds for which they did not account. 34. As one salient example of Isaac's ongoing access and misconduct, despite the fact that Isaac was not an officer of defendant Wilson Han Associates, Inc. and not an aut