Preview
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JENNIFER KAY & JOSHUA COHEN, Individually and
Derivatively on behalf of M.B.R.P. REST. INC. d/b/a THE
STUMBLE INN, MIRABI INC. d/b/a DOWN THE HATCH, Index No.: 650380/2024
THIRD AVE. REST., INC. d/b/a JAKE’S DILEMMA, 442
AMSTERDAM REST., CORP. d/b/a THE GIN MILL,
MACDOUGAL REST. INC. d/b/a OFF THE WAGON, 149
SECOND AVE. REST. INC. d/b/a DOWNTOWN SOCIAL,
134 WEST 3RD ST. REST. INC. d/b/a 3 SHEETS, 168
ORCHARD ST PARTNERS INC. d/b/a HAIR OF THE
DOG, 587 KING STREET RESTAURANT, LLC d/b/a PLAINTIFFS’
UPTOWN SOCIAL, 23 ANN STREET RESTAURANT ATTORNEY’S
LLC d/b/a BODEGA/SHAREHOUSE, B.B.L.L. INC. d/b/a SUPPLEMENTAL
CLEOS, KALEO INC. d/b/a JACK & GINGERS, 2258 AFFIRMATION
WEST CHICAGO AVE PARTNERS LLC d/b/a FATSO’S IN OPPOSITION TO
LAST STAND #1, 1982 N. CLYBOURN PARTNERS LLC DEFENDANTS’ MOTION
d/b/a FATSO’S LAST STAND #2, 442 AMSTERDAM TO DISMISS
REAL ESTATE CORP, 300 EAST 76TH STREET
PARTNERS LLC, 109 MACDOUGAL STREET Mot. Seq. No. 3
PARTNERS LLC, 430 AMSTERDAM PARTNERS, LLC,
2048 WEST ARMITAGE PARTNERS LLC, and 1939
WEST CHICAGO AVE PARTNERS LLC,
Plaintiffs,
v.
MITCHELL BANCHIK, MICHAEL ASCH, MNM2
MANGAGEMENT INC. d/b/a MNM2 MANAGEMENT,
INC., M.B.R.P. REST. INC. d/b/a THE STUMBLE INN,
MIRABI INC. d/b/a DOWN THE HATCH, THIRD AVE.
REST., INC. d/b/a JAKE’S DILEMMA, 442 AMSTERDAM
REST., CORP. d/b/a THE GIN MILL, MACDOUGAL
REST. INC. d/b/a OFF THE WAGON, 149 SECOND AVE.
REST. INC. d/b/a DOWNTOWN SOCIAL, 134 WEST 3RD
ST. REST. INC. d/b/a 3 SHEETS, 168 ORCHARD ST
PARTNERS INC. d/b/a HAIR OF THE DOG, 587 KING
STREET RESTAURANT, LLC d/b/a UPTOWN SOCIAL,
23 ANN STREET RESTAURANT LLC d/b/a
BODEGA/SHAREHOUSE, B.B.L.L. INC. d/b/a CLEOS,
KALEO INC. d/b/a JACK & GINGERS, 2258 WEST
CHICAGO AVE PARTNERS LLC d/b/a FATSO’S LAST
STAND #1, 1982 N. CLYBOURN PARTNERS LLC d/b/a
FATSO’S LAST STAND #2, 442 AMSTERDAM REAL
ESTATE CORP, 300 EAST 76TH STREET PARTNERS
1 of17
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
LLC, 109 MACDOUGAL STREET PARTNERS LLC, 430
AMSTERDAM PARTNERS, LLC, 2048 WEST
ARMITAGE PARTNERS LLC, 1939 WEST CHICAGO
AVE PARTNERS LLC, MNM PROPERTIES, LLC, “MB
TRUST 1”, “MB TRUST 2”, “MA TRUST 1”, and “MA
TRUST 2”
Defendants.
Andreas Koutsoudakis, attorney duly licensed to practice law in the Courts of the State
of New York hereby affirm the following under penalties of perjury:
1. I am a Managing Partner at Koutsoudakis and Iakovou Law Group PLLC, attorneys
for the Plaintiffs, Jennifer Kay and Joshua Cohen (“Kay” and “Cohen” and hereinafter collectively
referred to as “Plaintiffs”), in this action. As such, I am fully familiar with the facts of this case.
2. I submit this supplemental Affirmation in further opposition to the Motion to
Dismiss (Mot. Seq. No. 03) previously filed by the South Carolina Bar Defendants and relied upon
in response to Plaintiffs’ Amended Complaint. Defendants’ Motion to Dismiss seeks dismissal of
Plaintiffs’ counts in the Amended Complaint against the two South Carolina Bar Defendants.
3. The grounds upon which Defendants seek dismissal is a lack of personal
jurisdiction. Affirmations in Support of their Motion make the bold statement that the South
Carolina Bars are entirely disconnected to the New York Bar Defendants in every aspect.
4. Defendants have blatantly and continuously lied – plain and simple. As recently as
just last week, Defendants – all of which are one and the same, and operating out of the New York
office for all entities in three states – mailed out distribution checks for the South Carolina Bars to
all the shareholders and members. For this reason, we submit this Supplemental Affirmation in
further Opposition to Defendants’ Motion to Dismiss. Defendants’ Motion must be denied.
2
2 of 7
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
5. Additionally, sanctions should be imposed against them for the frivolous litigation
they have continuously engaged in – all in a never-ending effort to delay, distract, and frustrate
any meaningful progress in this litigation at all costs; especially since all the legal fees for all
Defendants are being paid improperly and without authorization from all of the Bar entities
named in this action. 1
6. A “court, in its discretion may impose financial sanctions upon any party or
attorney in a civil action or proceeding who engages in frivolous conduct[.]” 22 NYCRR 130-
1.1(a). Frivolous conduct includes the assertion of “material factual statements that are false.” 22
NYCRR 130-1.1(c)(3). See also Place v. Chaffee-Sardinia Volunteer Fire Co., 143 A.D.3d 1271,
1272-73 (4th Dep’t 2016) (holding that a party’s conduct was “clearly frivolous” when, among
other things, it submitted an affidavit that “contained a material falsehood.”).
7. Jennifer Kay is a shareholder of M.B.R.P. Rest. Inc., Mirabi Inc., Third Ave. Rest.,
Inc., 442 Amsterdam Rest., Corp., Macdougal Rest. Inc., 149 Second Ave. Rest. Inc., 134 West
3rd St. Rest. Inc., 168 Orchard St. Partners Inc. (collectively “New York Bar Defendants”).
8. Jennifer Kay is also a member of 587 King Street Restaurant, LLC, 23 Ann Street
Restaurant, LLC (collectively “South Carolina Bar Defendants”), 2048 West Armitage Partners
LLC and 1939 West Chicago Ave Partners LLC (collectively the “Illinois Real Estate”), 442
Amsterdam Real Estate Corp., 300 East 76th Street Partners LLC, and 109 Macdougal Street
Partners LLC (collectively the “New York Real Estate”).
9. Jennifer Kay has always received profit sharing checks at her residence in New
York, New York from all of the Defendant entities she is an owner of. This has been the case for
1
Plaintiffs filed a Motion to Disqualify Defendants’ Attorneys. The Motion seeks an interim stay of this action
pending a decision on the Disqualification Motion, which must be decided before any further decisions are issued, or
filings submitted.
3
3 of 7
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
as long as she has been an owner, and that includes the non-New York entities. All the checks
have been sent to her from Defendant MNM2 Management Inc. - the sole management office of
all of the Defendant Bar entities, which is also located at 300 East 76th Street, New York, New
York.
10. Jennifer Kay was terminated in March of 2023.
11. On July 24, 2023, I was informed by Plaintiff Kay that she had stopped receiving
her distribution checks.
12. On August 17, 2023, Jennifer and I received an email from Mitchell Banchik stating
that they sent the distribution checks, however the address that the checks were sent to was
incorrect.
13. On September 12, 2023, I sent a letter to MNM2 Management, Inc.’s counsel at the
time – Elizabeth Kelly, addressing this issue. (See Exhibit 1). Note, Mrs. Kelly is also Banchik’s
wife.
14. Within the letter I had stated that the profit-sharing checks were sent to the wrong
address (which had never happened before in over 20 years), and to avoid any future issues, I
requested that all checks be sent to my office. (See Exhibit 2 Kay Aff.).
15. From then on, I was receiving Jennifer Kay’s checks for all New York Bar
Defendants and South Carolina Bar Defendants in one envelope – still from MNM2’s office as the
sender on the FedEx receipt.
16. On April 17, 2024, I received Plaintiff Kay’s March 2024 profit-sharing checks.
17. The FedEx label’s return address was: 300 East 76th Street, Apartment A1, New
York, NY 10021. (See Exhibit 3).
4
4 of 7
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
18. The envelope included the profit sharing checks from the South Carolina Bar
Defendants and 3 out of the 8 New York Bar Defendants.
19. 587 King Street Restaurant, LLC d/b/a Uptown Social, one of the South Carolina
Bar Defendants, check reflects the address 300 East 76th Street, New York, NY 10021. (See Exhibit
4).
20. Further, the bank address for 587 King Street Restaurant, LLC is the TD Bank,
National Association with an address of 1470 Second Avenue, New York, NY 10021.
21. Therefore, while Defendants’ motion makes the blatantly false claims that the
South Carolina Bars are operated entirely independent of the New York Bars, the historic facts
and the continued activities of those entities in New York prove otherwise.
22. On February 2, 2024, Michael Asch’s affirmation states the following:
a. “At all times, Uptown Social has exclusively conducted all its business in
Charleston, South Carolina, at its 587 King Street location.”
b. “Neither of the South Carolina Companies has bank accounts in New York.”
c. “The South Carolina Companies, each of which operates bar/restaurants in
Charleston, South Carolina, have no presence in New York and do no business
in New York. This fact is supported by Plaintiff’s Complaint, which does not
contain anything to evidence any sort of link or nexus between the South
Carolina Companies and New York.”
23. However, these statements made by Asch, under oath, are false:
a. It is clear that Uptown Social has not exclusively conducted all business in
Charleston, South Carolina if checks are being cut from the New York office.
5
5 of 7
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
b. Pursuant to the Uptown Social check, the South Carolina Bar Defendant has a
bank account in New York.
c. Last, the South Carolina Bar Defendants are promoted within the New York
Bar Defendants restaurants thereby having a presence in New York.
24. At Off The Wagon and Downtown Social – two of the New York Bar Defendants
– the art on the wall shows all of the locations – including the South Carolina Bars. (See Exhibit 5
for Off The Wagon wall).
25. In conclusion, it is abundantly evident that the South Carolina Bar Defendants are
directly connected to the New York Bar Defendants as well as consistently transact business within
the state of New York.
26. Defendants should withdraw their motion in its entirety, and sanctions should be
issued against them for costs and attorneys’ fees incurred in defending the frivolous motion filed
by them which includes statements they know are false.
WHEREFORE, the undersigned respectfully requests that this Court enter an order:
(i) denying Defendants’ Motions to Dismiss in its entirety;
(ii) granting Plaintiffs’ costs, expenses and attorneys’ fees incurred in defending this
Motion;
(iii) issue sanctions against Defendants for the frivolous motion filed and blatantly false
statements sworn to in their Affirmations; and
(iv) award Plaintiffs such other and further relief as this Court deems just and proper.
6
6 of 7
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024
Dated: New York, New York
April 23, 2024
Respectfully submitted,
KOUTSOUDAKIS & IAKOVOU
LAW GROUP, PLLC
By:_____/s/_____________
Andreas Koutsoudakis, Esq.
40 Wall Street, 49th Floor
New York, New York 10005
Telephone: (212) 404-8644
Facsimile: (332) 777-1884
Email: andreas@kilegal.com
Attorneys for Plaintiffs
7
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JENNIFER KAY & JOSHUA COHEN, Individually and Derivatively on behalf of M.B.R.P. REST. INC. d/b/a THE STUMBLE INN, MIRABI INC. d/b/a DOWN THE HATCH, Index No.: 650380/2024 THIRD AVE. REST., INC. d/b/a JAKE’S DILEMMA, 442 AMSTERDAM REST., CORP. d/b/a THE GIN MILL, MACDOUGAL REST. INC. d/b/a OFF THE WAGON, 149 SECOND AVE. REST. INC. d/b/a DOWNTOWN SOCIAL, 134 WEST 3RD ST. REST. INC. d/b/a 3 SHEETS, 168 ORCHARD ST PARTNERS INC. d/b/a HAIR OF THE DOG, 587 KING STREET RESTAURANT, LLC d/b/a PLAINTIFFS’ UPTOWN SOCIAL, 23 ANN STREET RESTAURANT ATTORNEY’S LLC d/b/a BODEGA/SHAREHOUSE, B.B.L.L. INC. d/b/a SUPPLEMENTAL CLEOS, KALEO INC. d/b/a JACK & GINGERS, 2258 AFFIRMATION WEST CHICAGO AVE PARTNERS LLC d/b/a FATSO’S IN OPPOSITION TO LAST STAND #1, 1982 N. CLYBOURN PARTNERS LLC DEFENDANTS’ MOTION d/b/a FATSO’S LAST STAND #2, 442 AMSTERDAM TO DISMISS REAL ESTATE CORP, 300 EAST 76TH STREET PARTNERS LLC, 109 MACDOUGAL STREET Mot. Seq. No. 3 PARTNERS LLC, 430 AMSTERDAM PARTNERS, LLC, 2048 WEST ARMITAGE PARTNERS LLC, and 1939 WEST CHICAGO AVE PARTNERS LLC, Plaintiffs, v. MITCHELL BANCHIK, MICHAEL ASCH, MNM2 MANGAGEMENT INC. d/b/a MNM2 MANAGEMENT, INC., M.B.R.P. REST. INC. d/b/a THE STUMBLE INN, MIRABI INC. d/b/a DOWN THE HATCH, THIRD AVE. REST., INC. d/b/a JAKE’S DILEMMA, 442 AMSTERDAM REST., CORP. d/b/a THE GIN MILL, MACDOUGAL REST. INC. d/b/a OFF THE WAGON, 149 SECOND AVE. REST. INC. d/b/a DOWNTOWN SOCIAL, 134 WEST 3RD ST. REST. INC. d/b/a 3 SHEETS, 168 ORCHARD ST PARTNERS INC. d/b/a HAIR OF THE DOG, 587 KING STREET RESTAURANT, LLC d/b/a UPTOWN SOCIAL, 23 ANN STREET RESTAURANT LLC d/b/a BODEGA/SHAREHOUSE, B.B.L.L. INC. d/b/a CLEOS, KALEO INC. d/b/a JACK & GINGERS, 2258 WEST CHICAGO AVE PARTNERS LLC d/b/a FATSO’S LAST STAND #1, 1982 N. CLYBOURN PARTNERS LLC d/b/a FATSO’S LAST STAND #2, 442 AMSTERDAM REAL ESTATE CORP, 300 EAST 76TH STREET PARTNERS 1 of17 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 LLC, 109 MACDOUGAL STREET PARTNERS LLC, 430 AMSTERDAM PARTNERS, LLC, 2048 WEST ARMITAGE PARTNERS LLC, 1939 WEST CHICAGO AVE PARTNERS LLC, MNM PROPERTIES, LLC, “MB TRUST 1”, “MB TRUST 2”, “MA TRUST 1”, and “MA TRUST 2” Defendants. Andreas Koutsoudakis, attorney duly licensed to practice law in the Courts of the State of New York hereby affirm the following under penalties of perjury: 1. I am a Managing Partner at Koutsoudakis and Iakovou Law Group PLLC, attorneys for the Plaintiffs, Jennifer Kay and Joshua Cohen (“Kay” and “Cohen” and hereinafter collectively referred to as “Plaintiffs”), in this action. As such, I am fully familiar with the facts of this case. 2. I submit this supplemental Affirmation in further opposition to the Motion to Dismiss (Mot. Seq. No. 03) previously filed by the South Carolina Bar Defendants and relied upon in response to Plaintiffs’ Amended Complaint. Defendants’ Motion to Dismiss seeks dismissal of Plaintiffs’ counts in the Amended Complaint against the two South Carolina Bar Defendants. 3. The grounds upon which Defendants seek dismissal is a lack of personal jurisdiction. Affirmations in Support of their Motion make the bold statement that the South Carolina Bars are entirely disconnected to the New York Bar Defendants in every aspect. 4. Defendants have blatantly and continuously lied – plain and simple. As recently as just last week, Defendants – all of which are one and the same, and operating out of the New York office for all entities in three states – mailed out distribution checks for the South Carolina Bars to all the shareholders and members. For this reason, we submit this Supplemental Affirmation in further Opposition to Defendants’ Motion to Dismiss. Defendants’ Motion must be denied. 2 2 of 7 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 5. Additionally, sanctions should be imposed against them for the frivolous litigation they have continuously engaged in – all in a never-ending effort to delay, distract, and frustrate any meaningful progress in this litigation at all costs; especially since all the legal fees for all Defendants are being paid improperly and without authorization from all of the Bar entities named in this action. 1 6. A “court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct[.]” 22 NYCRR 130- 1.1(a). Frivolous conduct includes the assertion of “material factual statements that are false.” 22 NYCRR 130-1.1(c)(3). See also Place v. Chaffee-Sardinia Volunteer Fire Co., 143 A.D.3d 1271, 1272-73 (4th Dep’t 2016) (holding that a party’s conduct was “clearly frivolous” when, among other things, it submitted an affidavit that “contained a material falsehood.”). 7. Jennifer Kay is a shareholder of M.B.R.P. Rest. Inc., Mirabi Inc., Third Ave. Rest., Inc., 442 Amsterdam Rest., Corp., Macdougal Rest. Inc., 149 Second Ave. Rest. Inc., 134 West 3rd St. Rest. Inc., 168 Orchard St. Partners Inc. (collectively “New York Bar Defendants”). 8. Jennifer Kay is also a member of 587 King Street Restaurant, LLC, 23 Ann Street Restaurant, LLC (collectively “South Carolina Bar Defendants”), 2048 West Armitage Partners LLC and 1939 West Chicago Ave Partners LLC (collectively the “Illinois Real Estate”), 442 Amsterdam Real Estate Corp., 300 East 76th Street Partners LLC, and 109 Macdougal Street Partners LLC (collectively the “New York Real Estate”). 9. Jennifer Kay has always received profit sharing checks at her residence in New York, New York from all of the Defendant entities she is an owner of. This has been the case for 1 Plaintiffs filed a Motion to Disqualify Defendants’ Attorneys. The Motion seeks an interim stay of this action pending a decision on the Disqualification Motion, which must be decided before any further decisions are issued, or filings submitted. 3 3 of 7 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 as long as she has been an owner, and that includes the non-New York entities. All the checks have been sent to her from Defendant MNM2 Management Inc. - the sole management office of all of the Defendant Bar entities, which is also located at 300 East 76th Street, New York, New York. 10. Jennifer Kay was terminated in March of 2023. 11. On July 24, 2023, I was informed by Plaintiff Kay that she had stopped receiving her distribution checks. 12. On August 17, 2023, Jennifer and I received an email from Mitchell Banchik stating that they sent the distribution checks, however the address that the checks were sent to was incorrect. 13. On September 12, 2023, I sent a letter to MNM2 Management, Inc.’s counsel at the time – Elizabeth Kelly, addressing this issue. (See Exhibit 1). Note, Mrs. Kelly is also Banchik’s wife. 14. Within the letter I had stated that the profit-sharing checks were sent to the wrong address (which had never happened before in over 20 years), and to avoid any future issues, I requested that all checks be sent to my office. (See Exhibit 2 Kay Aff.). 15. From then on, I was receiving Jennifer Kay’s checks for all New York Bar Defendants and South Carolina Bar Defendants in one envelope – still from MNM2’s office as the sender on the FedEx receipt. 16. On April 17, 2024, I received Plaintiff Kay’s March 2024 profit-sharing checks. 17. The FedEx label’s return address was: 300 East 76th Street, Apartment A1, New York, NY 10021. (See Exhibit 3). 4 4 of 7 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 18. The envelope included the profit sharing checks from the South Carolina Bar Defendants and 3 out of the 8 New York Bar Defendants. 19. 587 King Street Restaurant, LLC d/b/a Uptown Social, one of the South Carolina Bar Defendants, check reflects the address 300 East 76th Street, New York, NY 10021. (See Exhibit 4). 20. Further, the bank address for 587 King Street Restaurant, LLC is the TD Bank, National Association with an address of 1470 Second Avenue, New York, NY 10021. 21. Therefore, while Defendants’ motion makes the blatantly false claims that the South Carolina Bars are operated entirely independent of the New York Bars, the historic facts and the continued activities of those entities in New York prove otherwise. 22. On February 2, 2024, Michael Asch’s affirmation states the following: a. “At all times, Uptown Social has exclusively conducted all its business in Charleston, South Carolina, at its 587 King Street location.” b. “Neither of the South Carolina Companies has bank accounts in New York.” c. “The South Carolina Companies, each of which operates bar/restaurants in Charleston, South Carolina, have no presence in New York and do no business in New York. This fact is supported by Plaintiff’s Complaint, which does not contain anything to evidence any sort of link or nexus between the South Carolina Companies and New York.” 23. However, these statements made by Asch, under oath, are false: a. It is clear that Uptown Social has not exclusively conducted all business in Charleston, South Carolina if checks are being cut from the New York office. 5 5 of 7 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 b. Pursuant to the Uptown Social check, the South Carolina Bar Defendant has a bank account in New York. c. Last, the South Carolina Bar Defendants are promoted within the New York Bar Defendants restaurants thereby having a presence in New York. 24. At Off The Wagon and Downtown Social – two of the New York Bar Defendants – the art on the wall shows all of the locations – including the South Carolina Bars. (See Exhibit 5 for Off The Wagon wall). 25. In conclusion, it is abundantly evident that the South Carolina Bar Defendants are directly connected to the New York Bar Defendants as well as consistently transact business within the state of New York. 26. Defendants should withdraw their motion in its entirety, and sanctions should be issued against them for costs and attorneys’ fees incurred in defending the frivolous motion filed by them which includes statements they know are false. WHEREFORE, the undersigned respectfully requests that this Court enter an order: (i) denying Defendants’ Motions to Dismiss in its entirety; (ii) granting Plaintiffs’ costs, expenses and attorneys’ fees incurred in defending this Motion; (iii) issue sanctions against Defendants for the frivolous motion filed and blatantly false statements sworn to in their Affirmations; and (iv) award Plaintiffs such other and further relief as this Court deems just and proper. 6 6 of 7 FILED: NEW YORK COUNTY CLERK 04/23/2024 10:10 PM INDEX NO. 650380/2024 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 04/23/2024 Dated: New York, New York April 23, 2024 Respectfully submitted, KOUTSOUDAKIS & IAKOVOU LAW GROUP, PLLC By:_____/s/_____________ Andreas Koutsoudakis, Esq. 40 Wall Street, 49th Floor New York, New York 10005 Telephone: (212) 404-8644 Facsimile: (332) 777-1884 Email: andreas@kilegal.com Attorneys for Plaintiffs 7 7 of 7