Preview
(FILED: KINGS COUNTY CLERK 0472572011) INDEX NO. 500201/2010
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/25/2011
Philip R. Berwish, Esq.
228 Park Avenue South ~ Suite 30780
New York, New York 10003
(800) 547-8717
Antorney for the Plaintiff, Yehuda Fulda
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: COMMERCIAL DIVISION
we eee
INDEX NO. 500201/2010
YEHUDA FULDA,
Plaintiff AFFIRMATION OF
- against - PHILIP R. BERWISH, ESQ. IN
SUPPORT OF PLAINTIFF'S
ELI S. MILES, MOTION FOR CONTEMPT
Defendant AND SANCTIONS
AND/OR
ALTERNATIVELY,
we ee en ee ee eee ee eee eee FOR JUDGMENT
PHILIP R. BERWISH, an attorney duly admitted to practice before the Courts of the
State of New York, hereby affirms the following under the pains and penalties of perjury:
1 1 am counsel for the Plaintiff, Yehuda Fulda (“FULDA”), in the above entitled
action. I make this Affirmation tased upon my knowledge of the facts,
circumstances and pleadings known to me through my representation of the
Plaintiff in this matter.
2] I respectfully submit this Affirmation in support of Plaintiff, FULDA’s within
motion for a finding of Contempt by Defendant, Eli S. Miles (“MILES”) of the
August 5, 2010 Order of this Court (hereinafter “The Order”), for sanctions
and/or, alternatively, for judgment on all counts in Plaintiff's Verified Complaint.
3] In addition, Plaintiff seeks a summary finding of Contempt by MILES, pursuant
to N. Y. Jud. Law § 755, for an offense committed in the immediate view and
presence of the court; specifically, by MILES” filing and attestation to a false
document attached to his Affidavit filed with the Court on April 7, 2011.
(a) FULDA also moves this Honorable Court to strike the
unsubstantiated, unfounded, and impermissible
impermissibl perjor rs ative
neri
language contained in the MILES pleadings, and those of MILES’
counsel, improperly stating that FULDA was “blackmailing”
MILES via the Beth Din, and that the Beth Din somehow
improperly colluded with FULDA.
4] On August 5, 2010, the Plaintiff's motion to compel arbitration was allowed, by
which the Defendant, Eli 5. Miles (“MILES”) was ordered to comply with
arbitration.
.
3] An Order, signed on August 5, 2010 by The Honorable Karen Rothenberg, Justice
of the Supreme Court of the State of New York, entered on the docket on August
26, 2010, a copy of which is annexed hereto as EXHIBIT “A” and is hereafter
referred to as “The Order”.
6] The Order referred this matter to a rabbinical court (Beth Din) pursuant to the
arbitration provision in the document signed by the MILES: the “iska contract”,
The Order specifically denied MILES’ motion to. dismiss and allowed Plaintiffs
motion to compel arbitration
7 MILES has intentionally and willfully disregarded the Order.
8] Previously, MILES established a history of failing to respond to subpoenas from
the Beth Din and in connection with the above entitled action, as set forth at
length in the pleadings in this action which facts and pleadings are expressly
incorporated by reference.
9] On August 12, 2010, the Beth Din sent an initial request to arbitrate (Hasmanah)
to MILES (a copy is attached as EXHIBIT “B”)
10] On August 31, 2010, Beth Din of America sent a letter with an Agreement to
Arbitrate to MILES and FULDA (a copy is attached as EXHIBIT “Cy
11) On August 31, 2010 FULDA signed his copy and returned it to Beth Din of
America (a copy is attached as EXHIBIT “D”).
12] On September 14, 2010, after not receiving a response from MILES, the Beth Din
of America sent an email to MILES requesting he return the signed Arbitration
Agreement. (a copy of which is attached as EXHIBIT “E”).
13] On October 6, 2010, the Beth Din sent MILES a second request to arbitrate
(Hasmana), because MILES had not replied to the first request to arbitrate made
almost two (2) months earlier, and almost two (2) months since the date of the
Order (a copy of which is attached as EXHIBIT “F”),
14] On October 19, 2010, the Beth Din sent MILES a third request to arbitrate
(Hasmana), as MILES had not replied to either the first or second request (a copy
of which is attached as EXHIBIT “G”) .
15] On October 28, 2010, afier ignoring all the summonses from the Beth Din,
MILES? first communication was to inform the Beth Din that he wanted to have
the case arbitrated at a different Beth Din. Nothing in the Order or in the
arbitration provision contained in the “iska contract” signed by MILES provides
for MILES to select the Beth Din.
16] The Beth Din offered FULDA the choice of going to his Beth Din or doing a
“Zabla” Beth Din, where each side chooses an arbitrator and those two judges
choose a third arbitrator for a total arbitration panel of three judges. (sce a copy
attached as EXHIBIT “H”),
22
17) On October 28, 2010, FULDA wrote to the Beth Din that he would not consent to
move the hearing to the Beth Din suggested by MILES as he was unfamiliar with
their reputation, whereas FULDA believes the Beth Din of America is well
established, has a sterling reputation and is recognized by the US Courts.
18] FULDA indicated he would agree to a Zabla Beth Din, as set forth in paragraph
15, above (a copy of which is attached as EXHIBIT “I”).
19] On November 1, 2010, the Beth Din sent a Zabla Beth Din letter to MILES (a
copy of which is attached as EXHIBIT “J*).
20] On November 15, 2010, MILES sent an email to the Beth Din requesting more
time to find his arbitrator (Dayan). MILES said he would be in contact by the end
of the month. (a copy of which is attached as EXHIBIT “K”).
22
1 On December 1, 2010, MILES had siill not communicated with the Beth Din. As
of the date of the preparation and filing of this Affirmation, MILES has still not
communicated with the Beth Din.
22] At this point FULDA sought a letter from the Beth Din to document that had
ignored their requests and was failing to cooperate. The Beth Din replied it could
not provide such a letter but suggested that FULDA show MILES’ email to the
secular court and offered to issue FULDA a Heter Arkot. A Heter Arkot issues
when the Beth Din gives up on getting both parties to attend a Beth Din (a copy of
which is attached as EXHIBIT “L”),
23] On December 3, 2010, the Beth Din issued a Heter Arkot (a copy of which is
attached as EXHIBIT “M”).
24] On April 7, 2011, MILES filed his Affidavit Of Eli $. Miles In Opposition To
Motion For Contempt. Sanctions And/Or, Alternatively, For Judgment, And In
Support Of Cross-Motion To disqualify Beth Din Of America As Arbitrators And
Compel Arbitration Before Beth Dir Of Central Rabbinical Congress (hereafter,
“MILES Affidavit”). Attached as an exhibit to the MILES’ Affidavit isa copy of
an e-mail, purportedly dated November 28, 2010 (NYSCEF Document 27).
MILES has attested to the veracity of that e-mail in by signing the MILES’
Affidavit under oath.
25] MILES relies on the November 28, 2010 e-mail to support his contention that he
cooperated with the Beth Din (despite more than three months having passed
since being ordered to arbitration), and the fact underlying MILES’ argument why
he should not be adjudged in contempt.
26] FULDA relies on the Reichman Affidavit (see EXHIBIT “N”, attached hereto),
and the facts easily viewable by anyone with a computer, to dispute the legitimacy
of the document purporting to be the November 28, 2010 e-mail.
27) Specifically, a review of the “properties” of the file purporting to be the
November 28, 2010 e-mail, as sent to the court, reveals the document was created
in Word. The Title of the document is, “Microsoft Word — my dayan for
fulda.doe”. The title could only appear if the document was created and/or edited
in Microsoft Word. It was not created as an email. If created as an email (in in this
case, MILES’ Yahoo e-mail), the Title would be the same as the Subject line. It is
not.
28] Equally suspect and disturbing is the fact a review of the “properties” of the e-
mail file, as filed with the court, reveals the file was created on December 28,
2010, and not on November 28, 2010, as attested to under oath by MILES. (See
EXHIBIT “O”, attached hereto).
29) The date of 11/28/10 on the lower right hand part of the page is usually the date a
page was printed, and can be manipulated by changing the date on the computer.
The computer prints the date which is set on its clock.
30] A review of the “properties” of the e-mail from the Beth Din of America
(NYSCEF Doc. No. 28), specifically, the Title of the document, reads:
“https://mail.google.com/mail/?ui=2&ik=1 ebSaceceak&view=pt&q=fuld”
showing the document was created as an e-mail. (see EXHIBIT “P”, attached
hereto).
31] Consequently, FULDA disputes the veracity of the document purporting to be an
e-mail dated November 28, 2010 from MILES to the Beth Din, and all arguments
based thereon.
32] In addition to the contempt which FULDA has alleged and plead to the court
based upon MILES” failure to comply with the August 5, 2010 Order of this
Court, FULDA submits that the filing of and attesting to a false document by
MILES is another instance of contempt. In this instance, the contempt is in the
presence of the court due to the filing of a false document and the attestation as to
its veracity.
33] The court has the authority to investigate and/or adjudge MILES to be in
contempt for making a false filing with the court, and for perjury.
34} With reference to the other documents submitted as exhibits attached to MILES
Affidavit; specifically the telephone records which MILES’ claims show a sixteen
(16) minute conversation with the Beth Din, FULDA siates the telephone records
provides no proof of a conversation, even if such a conversation were relevant.
The phone call might just as easily have been sixteen minutes on-hold. Any
conversation which may have taken place in September of 2010, does not explain
why there was still no agreement to arbitrate or to the zabla procedure in October
or November. The only rational explanation is MILES? intentional and continuing
delay.
WHEREFORE: The Plaintiff, Yehuda Fulda, respectfully requests the
Defendant, Eli S. Miles, be adjudged in contempt, that sanctions enter
against MILES for failure to comply with the Order of August 5, 2010,
and for impermissibly filing of a false document with the Court via ecf,
and attesting to its veracity under oath, that MILES be summarily
punished for filing false documents, that MILES compelled to arbitration,
and Plaintiff be awarded his costs and expenses in connection with the
motion(s) for contempt, including but not limited to reasonable attorneys
fees incurred in bringing the instant motion, and alternatively, that
judgment enter against MILES on all counts in Plaintiffs Verified
Complaint for MILES intentional, willful, dilatory, evasive and purposeful
disregard for and non-compliance with the Order of this Court, and that
the Clerk of Court compute the amount of the judgment as is ascertainable
from the Verified Complaint and the exhibits thereto. or such other
disposition as the court deems just and proper.
Respectfully submitted by
DATED: April 25, 2011 /sf t th
228 Park Avenue South ~ Suite 30780
New York, New York 10003
(800) 547-8717
berwish@gmail.com
Attorney for the Plaintiff,
Yehuda Fulda
AFFIRMATION OF SERVICE
I Philip R. Berwish, an attorney duly submitted to practice before the courts of the state
of New York. do hereby represent, certify and affirm, under the pains and penalties of
perjury, that on April 25, 2011, a true and correct copy of the forgoing AFFIRMATION
OF PHILIP R. BERWISH, ESQ., IN SUPPORT OF PLAINTIFF’S MOTION FOR
CONTEMPT AND SANCTIONS, AND/OR, ALTERNATIVELY, FOR
JUDGMENT was filed electronically with the court, and was served via e-mail, upon the
counsel of record for the Defendant, Eli S. Miles, and mailed via first class mail, postage
prepaid, directly to the Defendant, Eli S. Miles, as mandated by N.Y. Jud. Law § 756,
addressed as follows:
Samuel Diamantstein, Esq.
LAW OFFICES OF DAVID CARLEBACH, ESQ.
40 Exchange Place
New York, New York 10005
(212) 785-3041
sam@carlebachlaw.com
Aftorneys for Defendant, Eli S. Miles
Eli S. Miles
956 East 28th Street
Brooklyn, New York 11201
Defendant
DATE: Apzil 25, 2011 it
Philip R. ish Sq. .
228 Park Avenu So
uth ~ Suite 30780
New York, New York 10003
(800) 547-8717
berwish@gmail.com
Attorney for the Plaintiff,
Yehuda Fulda
EXHIBIT “A”
Atan LAS,
Trial Term, Part35of the Supreme
Court of the State of New York, held in and for the
County of Kings, at the Courthouse, located at
Civic Center, Borough of Brooklyn, Clty and State
of New York,ou the 4 day of Aw 6uS7-20 LO
PRES ENT
Hon. ~Kagesl TRottedGere
VEqudna “FaedA Cao. 31/2
Plaintiffs) IndexNo, BO201)/ ZOO
- against~
Eur 3. mies Defendant(s)
1 to read on this mation Papers Numbered
The following papers numbered
Notice of Motion - Order to Show Cause
and Affidavits (Affirmations) Annexed
AnsweringAfidavit, (Affirmation),
Reply A€fidavit (Affirmation)
wvit (Affirmation),
Pieadings
- Exhibits
Stiputstions
« Minutes,
Filed Papers.
THis Maven > REFERRED TD A
Dial (BETH Dua) PaesuhT
Frum BAYS
Provigo tal THE EERER EI
aouvant
To THE ARS TRATION wT THe SKA COMTRA an”
Siéte BY HE DE FENDA.
DEFERENS PoTIed TD DiSMisa 18 deme.
2 Monon Ta Grutée Att Trared 1S Adee I,
Plarnl % Enos
gol Eee
Soo! MD
EWN
KarenB |. AuGienberg
Brverey 11-04 Justice, Supreme Court
EXHIBIT “B”
Aabbi Moshe Steinberg, Yur Rabbi Michee! Broyde ryan est nae
Founding
Av Beth Din Giver Beth Din awe 297
Tusa wana yr wa ae
Rabbi Gedalia Doy Schwarz, Rabbi Jonathan Reiss onan a
Ay Both Din Chaver Beth Dia PIR INT} a
BETH DIN of AMERICA Tura qan prnase
RPTAART PT V2
Rabbi Mordechai Willig Rabbi Shlomo Weisemann ROOM NPY IIT yor sa
Assistant
Av Bath Bin oi MD pra
3 po
EO NR pom’ awpas weap arp de mu
ETM OR WpNA? Io O-WPID WA > TAIN py
TMPOA Vipy) DAUM ON? TD TWO Tap oy
SDTTET Iw ow Man
STATS PT PY
a7
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ray
mn Ay 37
DON AK
August 12, 2010
Via Regular and Certified Mail
ER Miles
956 Bast 28" Street
Brooklyn, New York 11216
Dear Mr, Miles:
We bave been contacted by Yehuda Fulda, with an address at 14525 SW Milliken Way, Suite 30780, Beaverton,
Oregon, who requested that we summon you to a din torah concerning monies allegedly owed in connection with
Heter Iska agreements, A copy of the claimletter is enclosed herein. We may share your response to this summons
with Yehuda Fulde,
‘We ask you to respond to this summons no later than Augu: st 26, 2010. The Rules and Procedures of the Beth Din
of America are available online at www.bethdin.org.
Should you have any questions regarding the Beth Din process, please feel free to contact us at (212) 807-9042.
Sincerely,
Rabbi Shlor Weissmann
Director
co Yebuda Fulda
305 Sovonth Avenue, 12th Floor © New York, NY 10001-6008 © 212,807,9042
tel © 212.807.9183 fax © infe@bathdin.ory © vavwbethdin.ony
Aid witb etisca! Cosnl of Aria Spend by he ion eromoda oh nein | IncorporatedsspendinattsUnited States of Amerie
EXHIBIT “C”
Habbo! Moshe Steinberg, 9°x1 Rabbi Michael Boyde 7773 wennn 35
Founding Av Seth Din Chaver Beth Din rr sayy ayy 27
pura TORT TS oR
Alatthi Gadatia Dov Schivartz Rabti Jonathon Reiss ormar aq
Av Bath Din Shaver Beth Din yun arr oy aan
BETH DIN of AMERICA rrmaqan YT 3K
Rabbi Mordechai Willig
RPMORT PT 2 Assistant
Av Bath Din
Aabbl Shlomo Weissmann
Director
eon aohw a sane aa
Pua ax po
y"en DYN RD
August31, 2010
Via Certified Mail and E-Mail
Yehuda Fulda
14525 SW Milikan Way
Suite 30780
Beaverton, OR 97005
Eli Miles
956 East 28" Street
Brooklyn, NY 11210
Re Fulda ¥ Miles
Dear Mr. Fulda and Mr. Miles:
‘We understand the parties have agreed ta have the above-referenced matter arbitrat
ed before the Beth Din of
America. Please sign the enclose: ‘d arbitration agreement and return it either by mail, fx
(212-807-9183) or e-mail
(qnaryles@bethdin.org) to the Beth Din of America by September 13, 2010.
The Beth Din, upon recei ‘ipt of the signed arbitration agreement from both parties, shall
proceed to schedule the din
torah hearing pursuant to the Rules and Procedures of the Beth Din of
America, which can be found at
www.bethdin.org. Please note that it is the policy of the Beth Din not to sche: dule din
torah proceedings until the
arbitration agreement is signed by both parties. enemas wee
Please contact theBeth Din at (212) 807-9042 with any questions you may have,
Sincerely,
laomi,
Adm owen Aftomey
305 Seventh Avenue, 12th Floor © NewYork, NY 10001-8008 » 212.807.9042 tel « 212.807.9183 fax © info@bethdin.org « www.bethdin.org
ASiiatod wit tha Rabbinical
Council of America| Spaniored by tho Union of Ontodax dnwiskt Congregations of Armerica{ Iearporated ox Beth Din cf the United States of America
AGREEMENT TO ARBITRATE
This agreement made and entered into as of the 31% day
address at 14525 SW Milikan Way, Suite 30780, Beaverton, OR of August, 2010, between Yehuda Falda, with an
97005, as plaintiff, and Eli Miles, with an address at
956 Bast 28" Street, Brooklyn, NY 11210, as defendant.
Witnesseth;That there exists between the above named parties certain differences
monies allegedly awed to plaintiff, with each party claiming and disputes relating to
financial and other claims against the other party.
In consideration of the above recitals, the terms and covenants
of this agreement and other valuable
consideration, the receipt of which isacknowledg ed, the parties agree as follows:
a, For the purposes of satisfactorily adjadging said differences and disputes,
parties that the matters in dispute between them be submitted to the arbi
it has been agreed by said
itration of the Beth Din of
America, which shall resolve the matter in accordance with its rules and
procedures,
‘The parties agree that they have selected the aforesaid Beth Din to resolve their
disputes, and shall
accept the ruling of the arbitrator or arbitrators appointed by that organization as a binding
decision.
The parties acknowledge that the arbitrators may resolve this controversy in accordance with
Jewish law ("din") or through court ordered settlement in accordance with Jewish Jaw e "p'shara
krova l'din"),
If any arbitrator withdraws, or is. disqualified ftom hearing the case, or unable to function as
an
arbitrator, the parties agree to accept any new arbitrator named by the Beth Din of America, in
accordance with its rules and procedures, which all parties agree that they have read andaccept
Let the arbitrators, after making the award, including any interim award, furnish each of the Parties
with a copy thereof. The arbitrators shall retain jurisdiction over this matter for one year after the
Beth Din's publishing its award, and shall be authorized to modify the award for any reason they
deem proper.
‘This agreement may be executed in separate counterparts which together shail constitute a single
ent.
The parties agree that the judgment may be entered on the award in any court of competent
jurisdiction, including without limitation in the State of New York and the State of Oregon, and that
such agreement shall be final as to the parties and issues encompassed in this agreement, and
specified in the rules of the Beth Din of America.
In witness whereof, each party to this agreement bas caused it to be executed in as of the date written above.
Signed:
Yekuda Fulda Eli Miles
Date: Date:
EXHIBIT “D”
—_
AGREEMENT TO ARBITRATE
‘This agreement made and entered into as of the 31° day of
August, 2010, between Yehuda Fulda, with en
address at 14525 SW Milikan Way, Suite 30780, Beavert
on, OR 97005, as plaintiff, and Eli Miles, with an address
956 East 28" Street, Brooklyn, NY 11210, as defendant. at
Witnesseth: That there exists between the above named parties certain
monies allegedly owed to plaintiff, with each Party claiming financial differences and disputes relating to
and other claims against the other party.
In consideration of the above reci tals, the terms and covenant
s of this agreement and other valuable
consideration, the receipt of which is acknowl: ledged, the parties
agree as follows:
a For the purposes of satisfactorily adjudging said differences and
disputes, it has been agreed by said
Parties that the matters in dispute between them be submitted
to the abi fitration of the Beth Din of
America, which shall resolve the matter in accordance with its rules and
p rocedures,
‘The parties agree that they have selected the aforesaid Beth Din to resolve
their disputes, and shall
accept the ruling of the arbitrator or arbitrators appointed by that organization
as a binding decision,
‘The parties acknowledge ‘that the arbitrators may resolve this controversy in accordance
‘with
Teivish law (“din ") or through court ordered settlement in accordance with Jewish law
(''p'shara
krova l'din’).
If any arbitrator withdraws, or is-disqualified from hearing the case, or unable to function
as
arbitrator, the parties agree to accept any new arbitrator named by the Beth Din of Ametica, an
in
eccordance with its rules and procedures, which all parties agree that they have read and accept.
Let the arbitrators, after making the award, including any interim award, furnish each of theparties
with a copy thereof, The arbitrators shall retain jurisdiction over this matter for one year after the
Beth .Din's publishing its award, and shall be authorized to modi!ify the award for any reason they
deem proper.
This agreement may be executed in separate counterparts ich together shall constitute a single
document.
‘The parties agree that tbe judgment may be entered on the award in any court of competent
jurisdiction, including without limitation in the State of New York and the State of ‘Oregon, end that
such agreement shall be final as to the parties and issues encompassed in this agreement, and
specified in the rules of the Beth Din of America.
In witness whereof, each party to this agreement has caused it to be executed in as of the date weiten above
Eli Miles
Date: Aug. 34, 2010 Date:
EXHIBIT “E”
12/5/2010 TGX Hoidings Group, NA Mail - Fulda .
TGX Yehuda Fulda
Fulda v Miles
Naomi Maryles Tue, Sep 14, 2010 at 6:42 PM
To: elimiles@gmail.com
Cc: y@tgxna.com
Mr. Miles,
The Beth Din has received a signed arbitration agreement from Mr, Fulda, but we have not received
anything from you to date, please advise. if we do nat receive a signed agreement from you, we will
have no choice but to move forward with the hazmana process.
Thank you,
Naomi Maryles, Esq.
Administrative Attorney
Beth Din of America
305 Seventh Avenue, 12th Floor
New York, New York 10001
T: (242) 807-9042
F: (212) 807-918:
E: nmaryles@bethdin.org
a ome ae
From: bethdin@gmail.com [mailto:bethdin@gmail.com] On Behalf Of Beth Din of America
Sent: Tuesday, August 31, 2010 12:00 PM
To: y@tgxna.com; elimiles@gmail.com
Cc: Naomi Maryles
Subject: Fulda v Miles
Please see the attached correspondence from the Beth Din in this matter.
https://mail.google.com/mail/?ui=2&ik=... Ww
——
EXHIBIT “F”
Fabhi Moshe Steinbarg, 931 Rabbi Michaet Broyde Ta nna sn PS) AO
FoundingAv Beth Din Te IIT
Chaver Bath Din Puma xan peRTA pT oN,
Rabbi Gedalis Dov Sctwartz Robbi Jonathan Reiss onan a PORN 217 oT 37
Av Beth Bin Ghavor Esth Din Pres "on yoame
BETH DIN of AMERICA
RPT PT a ‘Rabbi Mordechai Wittig Rabbi Shlomo Weissmenn known mow a Sere sn
AssistantAv Beth Din or mI TUPI
aK pe
“Tao ne pam? qwpaa kerew error bx mp
dara a 2x TwpnA? "2b ower wa? Tn Py
Maven viaw? 7D awd DAN? "OT AOI Nap OY
Jpn yy be nuranay
WR DK PT ap
aT
wow aale
ROO" TY TT
8"90n “en nS
October 6, 2010
Via Regular and Certified Mail
Eli Miles
956 East 28" Street
Brooklyn, New York 11210
Dear Mr. Miles:
We have been contacted by Yehuda Fulda, with an address at 14525 SW Milikan Way, Suite 30780, Beaverton,
Oregon, who requested that we summon you to a din torah conceming monies allegedly owed in connection with
Heter Iska agreements. A copy of the claim letter has previously been sent to you.
This is the second summons we are sending you. We ask you to respond to this summons no later than October 18,
2010. We may share your response to this summons with Yehuda Fulde.
The Rules and Procedures of the Beth Din of America are available online at www.bethdin.org.
Should you have any questions regarding the Beth
Din process, please feel free to contact us at (212) 807-9042.
Sincerely,
Rabbi Weissmann
Director
co: Yebuds Fulda
305 Seventh Avenue, 12th Floor ° New York, NY 1ODD1-8008 » 212.607.9062
tel © 212.807.2183
fax + infa@bethdin.org « wewbethdin.ag
Alli with the Rabbinical Council of Amarica | Sponsored by tho Union of Cathadox Jewish Congrogations of Americs | Inoaporated
ws Goth Din of the United States
uf Amica
a
EXHIBIT “G”
-
Rabbi Moshe Steinherg, 9°31 Rabbi Michael Brayde 7173 Wenn an Pst ana aw a7
Founding Av Bath Din (Ghaver Beth Din yA oon PONT YT Ma oe
Robbi Gedalia Dov Schwarz Rabbi Jonathan Reiss onan
Av Beth Bin Shaver Beth Din PoRWY aIT en a7
BETH DIN of AMERICA rien PT a ae
RPMART PT Wa Rabbi Mordechai Willig Rabbi Shlomo Weissmann peor Todw san YON a
Assistant
Av Beth Din Krestar PTO oe po
"30.8 porn? awpaa eT rv whe mp
TaN ND WR WWpNad Ta30 Dwpan wn yw? sn Py
Maven naw Twp ORN "TD UIA, nvap oy
PTaTw oy mya
SWEAR PT MPN
an na32
nwo x eJQ
yRoown ansy aan
evan pwr Rm
October 19, 2010
‘Via
Regular
and Certified Mail
Eli Miles
956 East 28" Street
Brooklyn, New York 11210
Dear Mr. Miles:
We have been contacted by Yehuda Fulda, with an address at 14525 SW Milikan Way,
Suite 30780, Beaverton,
Oregon, who requested that we summon you to a din torah concerning monies allegedly owed in connection with
Heter Iska agreements. A copy of the claim letter has previously been sent to you.
This is the third summons we are sending you. If you do not respond in writi
in accordance
ng with Article2 of our
Rules and Procedures, you may be subject to a Sh ‘tar Seruv (contempt order of the Beth Din) and its consequences,
and/or a Meter Arkaot (permission for the other pary to 80 to secular court). We ask you to respond to
this
summons no later than October 29, 2010.
The Rules and Procedures of the Beth Din of America are available online at www, bethdin.org,
Should you have any questions fegarding the Beth Din process, please feel free to contact us at (212) 807-9042.
Sincerely,
Rabbi ShI 0 Weissmann
Director
Yehuda Fulda
05 Sever Avenva, 12th oor» NowYork NY 10001-5008 « 212.8072 tel © 212.607.5183 fax» Inobathdinory « wanwbethtin.oy ©
Aine ial Cae can {Sj enol Orb Joh anges ot Ari herd s3Bath Dnt ori Sts Aen
EXHIBIT “H”
4215/2010 TGX Holdings Graup, NA Maif - Fulda ...
TGX | Yehuda Fulda
Fulda v Miles
Naomi Maryles Thu, Oct 28, 2010 at 9:17 PM
To: Yehuda Fulda
Mr. Fulda,
Mr. Miles informed us that he would like to transfer this matter to the Beth Din of the Central Rabbinical
Congress, located in Williamsburg. Please let us know if you agree to transfer the case there. If you do not wish
to transfer the case there, we will convert this matter into a zeb/a proceeding, in which each side chooses a
dayan (arbitrator) and the two dayanim (arbitrators) together choose a third dayan and the three of them will hear
the case,
Please let me know if you have any questions.
Best,
Naomi Maryies, Esq.
Administrative Attorney
Beth Din of America
305 Seventh Avenue, 12th Floor
New York, New York 10001
T: (212) 807-904;
F: (212) 807-9183
E: nmaryles@bethdin.org
https://mail.google.com/mail/?ui=2&ik=. qw
EXHIBIT “I”
12/5/2010 TGX Holdings Group, NA Mail - Fulda . .
TGX Yehuda Fulda
Fulda v Miles
Yehuda Fulda Thu, Oct 28, 2010 at 9:49 PM
Reply-To: y@tgxna.com
To: Naomi Maryles
| will definately agree to that. Please do a zabla.
Thanks!
Sent from my BlackBerry® smartphone from orange
From: “Naomi Maryles"
Date: Thu, 28 Oct 2010 15:17:57 -0400
To: Yehuda Fulda'sy@tgxna.com>
Subject: Fulda v Miles
[Quoted text hidden]
hitps://mail.google.com/mail/?ui=2&ik=... Ww
EXHIBIT “J”
Rabbi Moshe Steinbarg, 2°37 Rabbi Michool Broyde ena wenny 31 9st apy Ave 3A
FoundingAv Bsth Din Ghaver Bath Bin pura von WRG PT na ax
Rabbi Gedatia Dav Schwartz Rabbi Jonathan Relss oman ann any a1 on aa
Av Bath Din Chaver Beth Din yume aan Pina ar
BETH DIN of AMERICA
Rabbi Mordechai Willig Rabi Shlomo Weissmann
RPMDRT PT Assistant
Av Bath Din
Preview
(FILED: KINGS COUNTY CLERK 0472572011) INDEX NO. 500201/2010 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/25/2011 Philip R. Berwish, Esq. 228 Park Avenue South ~ Suite 30780 New York, New York 10003 (800) 547-8717 Antorney for the Plaintiff, Yehuda Fulda SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: COMMERCIAL DIVISION we eee INDEX NO. 500201/2010 YEHUDA FULDA, Plaintiff AFFIRMATION OF - against - PHILIP R. BERWISH, ESQ. IN SUPPORT OF PLAINTIFF'S ELI S. MILES, MOTION FOR CONTEMPT Defendant AND SANCTIONS AND/OR ALTERNATIVELY, we ee en ee ee eee ee eee eee FOR JUDGMENT PHILIP R. BERWISH, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following under the pains and penalties of perjury: 1 1 am counsel for the Plaintiff, Yehuda Fulda (“FULDA”), in the above entitled action. I make this Affirmation tased upon my knowledge of the facts, circumstances and pleadings known to me through my representation of the Plaintiff in this matter. 2] I respectfully submit this Affirmation in support of Plaintiff, FULDA’s within motion for a finding of Contempt by Defendant, Eli S. Miles (“MILES”) of the August 5, 2010 Order of this Court (hereinafter “The Order”), for sanctions and/or, alternatively, for judgment on all counts in Plaintiff's Verified Complaint. 3] In addition, Plaintiff seeks a summary finding of Contempt by MILES, pursuant to N. Y. Jud. Law § 755, for an offense committed in the immediate view and presence of the court; specifically, by MILES” filing and attestation to a false document attached to his Affidavit filed with the Court on April 7, 2011. (a) FULDA also moves this Honorable Court to strike the unsubstantiated, unfounded, and impermissible impermissibl perjor rs ative neri language contained in the MILES pleadings, and those of MILES’ counsel, improperly stating that FULDA was “blackmailing” MILES via the Beth Din, and that the Beth Din somehow improperly colluded with FULDA. 4] On August 5, 2010, the Plaintiff's motion to compel arbitration was allowed, by which the Defendant, Eli 5. Miles (“MILES”) was ordered to comply with arbitration. . 3] An Order, signed on August 5, 2010 by The Honorable Karen Rothenberg, Justice of the Supreme Court of the State of New York, entered on the docket on August 26, 2010, a copy of which is annexed hereto as EXHIBIT “A” and is hereafter referred to as “The Order”. 6] The Order referred this matter to a rabbinical court (Beth Din) pursuant to the arbitration provision in the document signed by the MILES: the “iska contract”, The Order specifically denied MILES’ motion to. dismiss and allowed Plaintiffs motion to compel arbitration 7 MILES has intentionally and willfully disregarded the Order. 8] Previously, MILES established a history of failing to respond to subpoenas from the Beth Din and in connection with the above entitled action, as set forth at length in the pleadings in this action which facts and pleadings are expressly incorporated by reference. 9] On August 12, 2010, the Beth Din sent an initial request to arbitrate (Hasmanah) to MILES (a copy is attached as EXHIBIT “B”) 10] On August 31, 2010, Beth Din of America sent a letter with an Agreement to Arbitrate to MILES and FULDA (a copy is attached as EXHIBIT “Cy 11) On August 31, 2010 FULDA signed his copy and returned it to Beth Din of America (a copy is attached as EXHIBIT “D”). 12] On September 14, 2010, after not receiving a response from MILES, the Beth Din of America sent an email to MILES requesting he return the signed Arbitration Agreement. (a copy of which is attached as EXHIBIT “E”). 13] On October 6, 2010, the Beth Din sent MILES a second request to arbitrate (Hasmana), because MILES had not replied to the first request to arbitrate made almost two (2) months earlier, and almost two (2) months since the date of the Order (a copy of which is attached as EXHIBIT “F”), 14] On October 19, 2010, the Beth Din sent MILES a third request to arbitrate (Hasmana), as MILES had not replied to either the first or second request (a copy of which is attached as EXHIBIT “G”) . 15] On October 28, 2010, afier ignoring all the summonses from the Beth Din, MILES? first communication was to inform the Beth Din that he wanted to have the case arbitrated at a different Beth Din. Nothing in the Order or in the arbitration provision contained in the “iska contract” signed by MILES provides for MILES to select the Beth Din. 16] The Beth Din offered FULDA the choice of going to his Beth Din or doing a “Zabla” Beth Din, where each side chooses an arbitrator and those two judges choose a third arbitrator for a total arbitration panel of three judges. (sce a copy attached as EXHIBIT “H”), 22 17) On October 28, 2010, FULDA wrote to the Beth Din that he would not consent to move the hearing to the Beth Din suggested by MILES as he was unfamiliar with their reputation, whereas FULDA believes the Beth Din of America is well established, has a sterling reputation and is recognized by the US Courts. 18] FULDA indicated he would agree to a Zabla Beth Din, as set forth in paragraph 15, above (a copy of which is attached as EXHIBIT “I”). 19] On November 1, 2010, the Beth Din sent a Zabla Beth Din letter to MILES (a copy of which is attached as EXHIBIT “J*). 20] On November 15, 2010, MILES sent an email to the Beth Din requesting more time to find his arbitrator (Dayan). MILES said he would be in contact by the end of the month. (a copy of which is attached as EXHIBIT “K”). 22 1 On December 1, 2010, MILES had siill not communicated with the Beth Din. As of the date of the preparation and filing of this Affirmation, MILES has still not communicated with the Beth Din. 22] At this point FULDA sought a letter from the Beth Din to document that had ignored their requests and was failing to cooperate. The Beth Din replied it could not provide such a letter but suggested that FULDA show MILES’ email to the secular court and offered to issue FULDA a Heter Arkot. A Heter Arkot issues when the Beth Din gives up on getting both parties to attend a Beth Din (a copy of which is attached as EXHIBIT “L”), 23] On December 3, 2010, the Beth Din issued a Heter Arkot (a copy of which is attached as EXHIBIT “M”). 24] On April 7, 2011, MILES filed his Affidavit Of Eli $. Miles In Opposition To Motion For Contempt. Sanctions And/Or, Alternatively, For Judgment, And In Support Of Cross-Motion To disqualify Beth Din Of America As Arbitrators And Compel Arbitration Before Beth Dir Of Central Rabbinical Congress (hereafter, “MILES Affidavit”). Attached as an exhibit to the MILES’ Affidavit isa copy of an e-mail, purportedly dated November 28, 2010 (NYSCEF Document 27). MILES has attested to the veracity of that e-mail in by signing the MILES’ Affidavit under oath. 25] MILES relies on the November 28, 2010 e-mail to support his contention that he cooperated with the Beth Din (despite more than three months having passed since being ordered to arbitration), and the fact underlying MILES’ argument why he should not be adjudged in contempt. 26] FULDA relies on the Reichman Affidavit (see EXHIBIT “N”, attached hereto), and the facts easily viewable by anyone with a computer, to dispute the legitimacy of the document purporting to be the November 28, 2010 e-mail. 27) Specifically, a review of the “properties” of the file purporting to be the November 28, 2010 e-mail, as sent to the court, reveals the document was created in Word. The Title of the document is, “Microsoft Word — my dayan for fulda.doe”. The title could only appear if the document was created and/or edited in Microsoft Word. It was not created as an email. If created as an email (in in this case, MILES’ Yahoo e-mail), the Title would be the same as the Subject line. It is not. 28] Equally suspect and disturbing is the fact a review of the “properties” of the e- mail file, as filed with the court, reveals the file was created on December 28, 2010, and not on November 28, 2010, as attested to under oath by MILES. (See EXHIBIT “O”, attached hereto). 29) The date of 11/28/10 on the lower right hand part of the page is usually the date a page was printed, and can be manipulated by changing the date on the computer. The computer prints the date which is set on its clock. 30] A review of the “properties” of the e-mail from the Beth Din of America (NYSCEF Doc. No. 28), specifically, the Title of the document, reads: “https://mail.google.com/mail/?ui=2&ik=1 ebSaceceak&view=pt&q=fuld” showing the document was created as an e-mail. (see EXHIBIT “P”, attached hereto). 31] Consequently, FULDA disputes the veracity of the document purporting to be an e-mail dated November 28, 2010 from MILES to the Beth Din, and all arguments based thereon. 32] In addition to the contempt which FULDA has alleged and plead to the court based upon MILES” failure to comply with the August 5, 2010 Order of this Court, FULDA submits that the filing of and attesting to a false document by MILES is another instance of contempt. In this instance, the contempt is in the presence of the court due to the filing of a false document and the attestation as to its veracity. 33] The court has the authority to investigate and/or adjudge MILES to be in contempt for making a false filing with the court, and for perjury. 34} With reference to the other documents submitted as exhibits attached to MILES Affidavit; specifically the telephone records which MILES’ claims show a sixteen (16) minute conversation with the Beth Din, FULDA siates the telephone records provides no proof of a conversation, even if such a conversation were relevant. The phone call might just as easily have been sixteen minutes on-hold. Any conversation which may have taken place in September of 2010, does not explain why there was still no agreement to arbitrate or to the zabla procedure in October or November. The only rational explanation is MILES? intentional and continuing delay. WHEREFORE: The Plaintiff, Yehuda Fulda, respectfully requests the Defendant, Eli S. Miles, be adjudged in contempt, that sanctions enter against MILES for failure to comply with the Order of August 5, 2010, and for impermissibly filing of a false document with the Court via ecf, and attesting to its veracity under oath, that MILES be summarily punished for filing false documents, that MILES compelled to arbitration, and Plaintiff be awarded his costs and expenses in connection with the motion(s) for contempt, including but not limited to reasonable attorneys fees incurred in bringing the instant motion, and alternatively, that judgment enter against MILES on all counts in Plaintiffs Verified Complaint for MILES intentional, willful, dilatory, evasive and purposeful disregard for and non-compliance with the Order of this Court, and that the Clerk of Court compute the amount of the judgment as is ascertainable from the Verified Complaint and the exhibits thereto. or such other disposition as the court deems just and proper. Respectfully submitted by DATED: April 25, 2011 /sf t th 228 Park Avenue South ~ Suite 30780 New York, New York 10003 (800) 547-8717 berwish@gmail.com Attorney for the Plaintiff, Yehuda Fulda AFFIRMATION OF SERVICE I Philip R. Berwish, an attorney duly submitted to practice before the courts of the state of New York. do hereby represent, certify and affirm, under the pains and penalties of perjury, that on April 25, 2011, a true and correct copy of the forgoing AFFIRMATION OF PHILIP R. BERWISH, ESQ., IN SUPPORT OF PLAINTIFF’S MOTION FOR CONTEMPT AND SANCTIONS, AND/OR, ALTERNATIVELY, FOR JUDGMENT was filed electronically with the court, and was served via e-mail, upon the counsel of record for the Defendant, Eli S. Miles, and mailed via first class mail, postage prepaid, directly to the Defendant, Eli S. Miles, as mandated by N.Y. Jud. Law § 756, addressed as follows: Samuel Diamantstein, Esq. LAW OFFICES OF DAVID CARLEBACH, ESQ. 40 Exchange Place New York, New York 10005 (212) 785-3041 sam@carlebachlaw.com Aftorneys for Defendant, Eli S. Miles Eli S. Miles 956 East 28th Street Brooklyn, New York 11201 Defendant DATE: Apzil 25, 2011 it Philip R. ish Sq. . 228 Park Avenu So uth ~ Suite 30780 New York, New York 10003 (800) 547-8717 berwish@gmail.com Attorney for the Plaintiff, Yehuda Fulda EXHIBIT “A” Atan LAS, Trial Term, Part35of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn, Clty and State of New York,ou the 4 day of Aw 6uS7-20 LO PRES ENT Hon. ~Kagesl TRottedGere VEqudna “FaedA Cao. 31/2 Plaintiffs) IndexNo, BO201)/ ZOO - against~ Eur 3. mies Defendant(s) 1 to read on this mation Papers Numbered The following papers numbered Notice of Motion - Order to Show Cause and Affidavits (Affirmations) Annexed AnsweringAfidavit, (Affirmation), Reply A€fidavit (Affirmation) wvit (Affirmation), Pieadings - Exhibits Stiputstions « Minutes, Filed Papers. THis Maven > REFERRED TD A Dial (BETH Dua) PaesuhT Frum BAYS Provigo tal THE EERER EI aouvant To THE ARS TRATION wT THe SKA COMTRA an” Siéte BY HE DE FENDA. DEFERENS PoTIed TD DiSMisa 18 deme. 2 Monon Ta Grutée Att Trared 1S Adee I, Plarnl % Enos gol Eee Soo! MD EWN KarenB |. AuGienberg Brverey 11-04 Justice, Supreme Court EXHIBIT “B” Aabbi Moshe Steinberg, Yur Rabbi Michee! Broyde ryan est nae Founding Av Beth Din Giver Beth Din awe 297 Tusa wana yr wa ae Rabbi Gedalia Doy Schwarz, Rabbi Jonathan Reiss onan a Ay Both Din Chaver Beth Dia PIR INT} a BETH DIN of AMERICA Tura qan prnase RPTAART PT V2 Rabbi Mordechai Willig Rabbi Shlomo Weisemann ROOM NPY IIT yor sa Assistant Av Bath Bin oi MD pra 3 po EO NR pom’ awpas weap arp de mu ETM OR WpNA? Io O-WPID WA > TAIN py TMPOA Vipy) DAUM ON? TD TWO Tap oy SDTTET Iw ow Man STATS PT PY a7 “f ray mn Ay 37 DON AK August 12, 2010 Via Regular and Certified Mail ER Miles 956 Bast 28" Street Brooklyn, New York 11216 Dear Mr, Miles: We bave been contacted by Yehuda Fulda, with an address at 14525 SW Milliken Way, Suite 30780, Beaverton, Oregon, who requested that we summon you to a din torah concerning monies allegedly owed in connection with Heter Iska agreements, A copy of the claimletter is enclosed herein. We may share your response to this summons with Yehuda Fulde, ‘We ask you to respond to this summons no later than Augu: st 26, 2010. The Rules and Procedures of the Beth Din of America are available online at www.bethdin.org. Should you have any questions regarding the Beth Din process, please feel free to contact us at (212) 807-9042. Sincerely, Rabbi Shlor Weissmann Director co Yebuda Fulda 305 Sovonth Avenue, 12th Floor © New York, NY 10001-6008 © 212,807,9042 tel © 212.807.9183 fax © infe@bathdin.ory © vavwbethdin.ony Aid witb etisca! Cosnl of Aria Spend by he ion eromoda oh nein | IncorporatedsspendinattsUnited States of Amerie EXHIBIT “C” Habbo! Moshe Steinberg, 9°x1 Rabbi Michael Boyde 7773 wennn 35 Founding Av Seth Din Chaver Beth Din rr sayy ayy 27 pura TORT TS oR Alatthi Gadatia Dov Schivartz Rabti Jonathon Reiss ormar aq Av Bath Din Shaver Beth Din yun arr oy aan BETH DIN of AMERICA rrmaqan YT 3K Rabbi Mordechai Willig RPMORT PT 2 Assistant Av Bath Din Aabbl Shlomo Weissmann Director eon aohw a sane aa Pua ax po y"en DYN RD August31, 2010 Via Certified Mail and E-Mail Yehuda Fulda 14525 SW Milikan Way Suite 30780 Beaverton, OR 97005 Eli Miles 956 East 28" Street Brooklyn, NY 11210 Re Fulda ¥ Miles Dear Mr. Fulda and Mr. Miles: ‘We understand the parties have agreed ta have the above-referenced matter arbitrat ed before the Beth Din of America. Please sign the enclose: ‘d arbitration agreement and return it either by mail, fx (212-807-9183) or e-mail (qnaryles@bethdin.org) to the Beth Din of America by September 13, 2010. The Beth Din, upon recei ‘ipt of the signed arbitration agreement from both parties, shall proceed to schedule the din torah hearing pursuant to the Rules and Procedures of the Beth Din of America, which can be found at www.bethdin.org. Please note that it is the policy of the Beth Din not to sche: dule din torah proceedings until the arbitration agreement is signed by both parties. enemas wee Please contact theBeth Din at (212) 807-9042 with any questions you may have, Sincerely, laomi, Adm owen Aftomey 305 Seventh Avenue, 12th Floor © NewYork, NY 10001-8008 » 212.807.9042 tel « 212.807.9183 fax © info@bethdin.org « www.bethdin.org ASiiatod wit tha Rabbinical Council of America| Spaniored by tho Union of Ontodax dnwiskt Congregations of Armerica{ Iearporated ox Beth Din cf the United States of America AGREEMENT TO ARBITRATE This agreement made and entered into as of the 31% day address at 14525 SW Milikan Way, Suite 30780, Beaverton, OR of August, 2010, between Yehuda Falda, with an 97005, as plaintiff, and Eli Miles, with an address at 956 Bast 28" Street, Brooklyn, NY 11210, as defendant. Witnesseth;That there exists between the above named parties certain differences monies allegedly awed to plaintiff, with each party claiming and disputes relating to financial and other claims against the other party. In consideration of the above recitals, the terms and covenants of this agreement and other valuable consideration, the receipt of which isacknowledg ed, the parties agree as follows: a, For the purposes of satisfactorily adjadging said differences and disputes, parties that the matters in dispute between them be submitted to the arbi it has been agreed by said itration of the Beth Din of America, which shall resolve the matter in accordance with its rules and procedures, ‘The parties agree that they have selected the aforesaid Beth Din to resolve their disputes, and shall accept the ruling of the arbitrator or arbitrators appointed by that organization as a binding decision. The parties acknowledge that the arbitrators may resolve this controversy in accordance with Jewish law ("din") or through court ordered settlement in accordance with Jewish Jaw e "p'shara krova l'din"), If any arbitrator withdraws, or is. disqualified ftom hearing the case, or unable to function as an arbitrator, the parties agree to accept any new arbitrator named by the Beth Din of America, in accordance with its rules and procedures, which all parties agree that they have read andaccept Let the arbitrators, after making the award, including any interim award, furnish each of the Parties with a copy thereof. The arbitrators shall retain jurisdiction over this matter for one year after the Beth Din's publishing its award, and shall be authorized to modify the award for any reason they deem proper. ‘This agreement may be executed in separate counterparts which together shail constitute a single ent. The parties agree that the judgment may be entered on the award in any court of competent jurisdiction, including without limitation in the State of New York and the State of Oregon, and that such agreement shall be final as to the parties and issues encompassed in this agreement, and specified in the rules of the Beth Din of America. In witness whereof, each party to this agreement bas caused it to be executed in as of the date written above. Signed: Yekuda Fulda Eli Miles Date: Date: EXHIBIT “D” —_ AGREEMENT TO ARBITRATE ‘This agreement made and entered into as of the 31° day of August, 2010, between Yehuda Fulda, with en address at 14525 SW Milikan Way, Suite 30780, Beavert on, OR 97005, as plaintiff, and Eli Miles, with an address 956 East 28" Street, Brooklyn, NY 11210, as defendant. at Witnesseth: That there exists between the above named parties certain monies allegedly owed to plaintiff, with each Party claiming financial differences and disputes relating to and other claims against the other party. In consideration of the above reci tals, the terms and covenant s of this agreement and other valuable consideration, the receipt of which is acknowl: ledged, the parties agree as follows: a For the purposes of satisfactorily adjudging said differences and disputes, it has been agreed by said Parties that the matters in dispute between them be submitted to the abi fitration of the Beth Din of America, which shall resolve the matter in accordance with its rules and p rocedures, ‘The parties agree that they have selected the aforesaid Beth Din to resolve their disputes, and shall accept the ruling of the arbitrator or arbitrators appointed by that organization as a binding decision, ‘The parties acknowledge ‘that the arbitrators may resolve this controversy in accordance ‘with Teivish law (“din ") or through court ordered settlement in accordance with Jewish law (''p'shara krova l'din’). If any arbitrator withdraws, or is-disqualified from hearing the case, or unable to function as arbitrator, the parties agree to accept any new arbitrator named by the Beth Din of Ametica, an in eccordance with its rules and procedures, which all parties agree that they have read and accept. Let the arbitrators, after making the award, including any interim award, furnish each of theparties with a copy thereof, The arbitrators shall retain jurisdiction over this matter for one year after the Beth .Din's publishing its award, and shall be authorized to modi!ify the award for any reason they deem proper. This agreement may be executed in separate counterparts ich together shall constitute a single document. ‘The parties agree that tbe judgment may be entered on the award in any court of competent jurisdiction, including without limitation in the State of New York and the State of ‘Oregon, end that such agreement shall be final as to the parties and issues encompassed in this agreement, and specified in the rules of the Beth Din of America. In witness whereof, each party to this agreement has caused it to be executed in as of the date weiten above Eli Miles Date: Aug. 34, 2010 Date: EXHIBIT “E” 12/5/2010 TGX Hoidings Group, NA Mail - Fulda . TGX Yehuda Fulda Fulda v Miles Naomi Maryles Tue, Sep 14, 2010 at 6:42 PM To: elimiles@gmail.com Cc: y@tgxna.com Mr. Miles, The Beth Din has received a signed arbitration agreement from Mr, Fulda, but we have not received anything from you to date, please advise. if we do nat receive a signed agreement from you, we will have no choice but to move forward with the hazmana process. Thank you, Naomi Maryles, Esq. Administrative Attorney Beth Din of America 305 Seventh Avenue, 12th Floor New York, New York 10001 T: (242) 807-9042 F: (212) 807-918: E: nmaryles@bethdin.org a ome ae From: bethdin@gmail.com [mailto:bethdin@gmail.com] On Behalf Of Beth Din of America Sent: Tuesday, August 31, 2010 12:00 PM To: y@tgxna.com; elimiles@gmail.com Cc: Naomi Maryles Subject: Fulda v Miles Please see the attached correspondence from the Beth Din in this matter. https://mail.google.com/mail/?ui=2&ik=... Ww —— EXHIBIT “F” Fabhi Moshe Steinbarg, 931 Rabbi Michaet Broyde Ta nna sn PS) AO FoundingAv Beth Din Te IIT Chaver Bath Din Puma xan peRTA pT oN, Rabbi Gedalis Dov Sctwartz Robbi Jonathan Reiss onan a PORN 217 oT 37 Av Beth Bin Ghavor Esth Din Pres "on yoame BETH DIN of AMERICA RPT PT a ‘Rabbi Mordechai Wittig Rabbi Shlomo Weissmenn known mow a Sere sn AssistantAv Beth Din or mI TUPI aK pe “Tao ne pam? qwpaa kerew error bx mp dara a 2x TwpnA? "2b ower wa? Tn Py Maven viaw? 7D awd DAN? "OT AOI Nap OY Jpn yy be nuranay WR DK PT ap aT wow aale ROO" TY TT 8"90n “en nS October 6, 2010 Via Regular and Certified Mail Eli Miles 956 East 28" Street Brooklyn, New York 11210 Dear Mr. Miles: We have been contacted by Yehuda Fulda, with an address at 14525 SW Milikan Way, Suite 30780, Beaverton, Oregon, who requested that we summon you to a din torah conceming monies allegedly owed in connection with Heter Iska agreements. A copy of the claim letter has previously been sent to you. This is the second summons we are sending you. We ask you to respond to this summons no later than October 18, 2010. We may share your response to this summons with Yehuda Fulde. The Rules and Procedures of the Beth Din of America are available online at www.bethdin.org. Should you have any questions regarding the Beth Din process, please feel free to contact us at (212) 807-9042. Sincerely, Rabbi Weissmann Director co: Yebuds Fulda 305 Seventh Avenue, 12th Floor ° New York, NY 1ODD1-8008 » 212.607.9062 tel © 212.807.2183 fax + infa@bethdin.org « wewbethdin.ag Alli with the Rabbinical Council of Amarica | Sponsored by tho Union of Cathadox Jewish Congrogations of Americs | Inoaporated ws Goth Din of the United States uf Amica a EXHIBIT “G” - Rabbi Moshe Steinherg, 9°31 Rabbi Michael Brayde 7173 Wenn an Pst ana aw a7 Founding Av Bath Din (Ghaver Beth Din yA oon PONT YT Ma oe Robbi Gedalia Dov Schwarz Rabbi Jonathan Reiss onan Av Beth Bin Shaver Beth Din PoRWY aIT en a7 BETH DIN of AMERICA rien PT a ae RPMART PT Wa Rabbi Mordechai Willig Rabbi Shlomo Weissmann peor Todw san YON a Assistant Av Beth Din Krestar PTO oe po "30.8 porn? awpaa eT rv whe mp TaN ND WR WWpNad Ta30 Dwpan wn yw? sn Py Maven naw Twp ORN "TD UIA, nvap oy PTaTw oy mya SWEAR PT MPN an na32 nwo x eJQ yRoown ansy aan evan pwr Rm October 19, 2010 ‘Via Regular and Certified Mail Eli Miles 956 East 28" Street Brooklyn, New York 11210 Dear Mr. Miles: We have been contacted by Yehuda Fulda, with an address at 14525 SW Milikan Way, Suite 30780, Beaverton, Oregon, who requested that we summon you to a din torah concerning monies allegedly owed in connection with Heter Iska agreements. A copy of the claim letter has previously been sent to you. This is the third summons we are sending you. If you do not respond in writi in accordance ng with Article2 of our Rules and Procedures, you may be subject to a Sh ‘tar Seruv (contempt order of the Beth Din) and its consequences, and/or a Meter Arkaot (permission for the other pary to 80 to secular court). We ask you to respond to this summons no later than October 29, 2010. The Rules and Procedures of the Beth Din of America are available online at www, bethdin.org, Should you have any questions fegarding the Beth Din process, please feel free to contact us at (212) 807-9042. Sincerely, Rabbi ShI 0 Weissmann Director Yehuda Fulda 05 Sever Avenva, 12th oor» NowYork NY 10001-5008 « 212.8072 tel © 212.607.5183 fax» Inobathdinory « wanwbethtin.oy © Aine ial Cae can {Sj enol Orb Joh anges ot Ari herd s3Bath Dnt ori Sts Aen EXHIBIT “H” 4215/2010 TGX Holdings Graup, NA Maif - Fulda ... TGX | Yehuda Fulda Fulda v Miles Naomi Maryles Thu, Oct 28, 2010 at 9:17 PM To: Yehuda Fulda Mr. Fulda, Mr. Miles informed us that he would like to transfer this matter to the Beth Din of the Central Rabbinical Congress, located in Williamsburg. Please let us know if you agree to transfer the case there. If you do not wish to transfer the case there, we will convert this matter into a zeb/a proceeding, in which each side chooses a dayan (arbitrator) and the two dayanim (arbitrators) together choose a third dayan and the three of them will hear the case, Please let me know if you have any questions. Best, Naomi Maryies, Esq. Administrative Attorney Beth Din of America 305 Seventh Avenue, 12th Floor New York, New York 10001 T: (212) 807-904; F: (212) 807-9183 E: nmaryles@bethdin.org https://mail.google.com/mail/?ui=2&ik=. qw EXHIBIT “I” 12/5/2010 TGX Holdings Group, NA Mail - Fulda . . TGX Yehuda Fulda Fulda v Miles Yehuda Fulda Thu, Oct 28, 2010 at 9:49 PM Reply-To: y@tgxna.com To: Naomi Maryles | will definately agree to that. Please do a zabla. Thanks! Sent from my BlackBerry® smartphone from orange From: “Naomi Maryles" Date: Thu, 28 Oct 2010 15:17:57 -0400 To: Yehuda Fulda'sy@tgxna.com> Subject: Fulda v Miles [Quoted text hidden] hitps://mail.google.com/mail/?ui=2&ik=... Ww EXHIBIT “J” Rabbi Moshe Steinbarg, 2°37 Rabbi Michool Broyde ena wenny 31 9st apy Ave 3A FoundingAv Bsth Din Ghaver Bath Bin pura von WRG PT na ax Rabbi Gedatia Dav Schwartz Rabbi Jonathan Relss oman ann any a1 on aa Av Bath Din Chaver Beth Din yume aan Pina ar BETH DIN of AMERICA Rabbi Mordechai Willig Rabi Shlomo Weissmann RPMDRT PT Assistant Av Bath Din