Preview
INDEX NO. 500201/2010
(FILED: KINGS COUNTY CLERK 0471372011)
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 04/13/2011
Philip R. Berwish, Esq.
228 Park Avenue South ~ Suite 30780
New York, New York 10003
(800) 547-8717
Attorney for the Plaintiff Yehuda Fulda
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: COMMERCIAL DIVISION
ann en ne ene eee ee ee eee eee
INDEX NO. 500201/2010
YEHUDA FULDA,
Plaintiff
- against -
ELIS. MILES,
Defendant
woe eee eee eee e+ee+
AFFIFMATION OF YEHUDA FULDA
Yehuda Fulda, under penalty of perjury affirms as follows:
1 Tam Yehuda Fulda, the Plaintiff in the above entitled action, and make this
Affirmation based upon my personal knowledge of the facts and circumstances relating
hereto, except where indicated to be based upon information and belief, and where based
upon information and belief, I believe the same to be true.
2, The reason that I am submitting an Affirmation instead of an Affidavit is that l am
an Orthodox Jew and cannot, for religious reasons swear an oath,
3 i submit this Affirmation in support of my opposition, and specifically verify as
true the facts, allegations and exhibits contained in support of the Affirmation In
Opposition To Defendant’s Cross-Motion Of Cross-Motion To Disqualify Beth Din Of ©
America As Arbil d Compel Arbitration Before Beth Din Of Central Rabbinical
Congress, the Affirmation o EPWISh pport O Motion
For Contempt And Sanctions And/Or, Alternatively, For Judgment, Plaintiff's Motion
For Contempt And Sanctions, And/Or, Alternatively, For Judgment, and the
Metorandum filed in support thereof...
4.1 In addition to the above, I have reviewed the Defendant’s cross-motion to
%,
dismiss, the memorandum in support, and the Affidavit of Eli 8. Miles in support of his
motion seeking to disqualify the Beth Din of America as arbitrators and compel
appointment of the Beth Din Of CentralRabbinical Congress.
5 J oppose the disqualification of Beth Din of America.
6. l oppose the appointment of the Beth Din Of Central Rabbinical Congress.
7 MILES had the opportunity participate in the arbitration before the Beth Din of
America. If MELES was no satisfied with the Beth Din of America, MILES had the
opportunity to participate via a zabla, where each party would select an arbitrator, and
each of those would select a third.
8 Instead; MILES intentionally delayed and would not sign an agreement to
arbitrate.
9. Three (3) months passed from August of 2010, when the court entered an order
compelling arbitration, to late November or early December of 2010, when the Beth Din
gave up on MILES’ failure to cooperate and issued the Heter Arka’ ot (Permission To
Litigate in Secular Court).
10. MILES had previously disregarded two (2) subpoenas from a Beth Din, before the
Court entered its Order to compel arbitration, which motion was also opposed by MILES,
11. Three (3) months is more than sufficient time to enter into an arbitration
Agreement if one really intends to participate, but MILES insists he needs more time. It
is simply not credible, nor is it fair or just, given that I have attempted to prosecute this
action in a Beth Din for a period of years and was forced to seek judicial imtervention to
obtain an Order compelling arbitration.
12. Jn addition, 1 have personally reviewed, and sought an expert review by Nechama
Reichman, of the computer file of the document purporting to be a November 28, 2010 e-
mail from MILES to the Beth Din of America.
13. It appears that MILES has filed and attested to a false document. In any event, it
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7/4/2011 82:52 +972-15326232047 AVRAHAM COLTHOF ADV PAGE 61/81
-
Was not crcated on the dale which MTLES claims it was created. It
was created in
December of 2010. one thonth after it was supposedly e-mailed to the
Beth Din. MILES
has committed a fraud upon the court and upon me, T submit
that MILES filing and
attestation to a false document should be deemed an additio
nal act of criminal contempt.
14, I sign this Affirmation under the pains and penalties of perjury
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY
THIS 13th DAY
OF APRIL, 2011 i
f
Z
be atat
Yehuda a
|ceokl, Le sty moteys of her. Ye bvda, Li ld
wat
yt con sane PSF Agvon@e
AVRAR 2AMOF yr
I
LICENGE Ny eae 0 yon
914s TI OeA603 2
6259407 (9)
Preview
INDEX NO. 500201/2010 (FILED: KINGS COUNTY CLERK 0471372011) NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 04/13/2011 Philip R. Berwish, Esq. 228 Park Avenue South ~ Suite 30780 New York, New York 10003 (800) 547-8717 Attorney for the Plaintiff Yehuda Fulda SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: COMMERCIAL DIVISION ann en ne ene eee ee ee eee eee INDEX NO. 500201/2010 YEHUDA FULDA, Plaintiff - against - ELIS. MILES, Defendant woe eee eee eee e+ee+ AFFIFMATION OF YEHUDA FULDA Yehuda Fulda, under penalty of perjury affirms as follows: 1 Tam Yehuda Fulda, the Plaintiff in the above entitled action, and make this Affirmation based upon my personal knowledge of the facts and circumstances relating hereto, except where indicated to be based upon information and belief, and where based upon information and belief, I believe the same to be true. 2, The reason that I am submitting an Affirmation instead of an Affidavit is that l am an Orthodox Jew and cannot, for religious reasons swear an oath, 3 i submit this Affirmation in support of my opposition, and specifically verify as true the facts, allegations and exhibits contained in support of the Affirmation In Opposition To Defendant’s Cross-Motion Of Cross-Motion To Disqualify Beth Din Of © America As Arbil d Compel Arbitration Before Beth Din Of Central Rabbinical Congress, the Affirmation o EPWISh pport O Motion For Contempt And Sanctions And/Or, Alternatively, For Judgment, Plaintiff's Motion For Contempt And Sanctions, And/Or, Alternatively, For Judgment, and the Metorandum filed in support thereof... 4.1 In addition to the above, I have reviewed the Defendant’s cross-motion to %, dismiss, the memorandum in support, and the Affidavit of Eli 8. Miles in support of his motion seeking to disqualify the Beth Din of America as arbitrators and compel appointment of the Beth Din Of CentralRabbinical Congress. 5 J oppose the disqualification of Beth Din of America. 6. l oppose the appointment of the Beth Din Of Central Rabbinical Congress. 7 MILES had the opportunity participate in the arbitration before the Beth Din of America. If MELES was no satisfied with the Beth Din of America, MILES had the opportunity to participate via a zabla, where each party would select an arbitrator, and each of those would select a third. 8 Instead; MILES intentionally delayed and would not sign an agreement to arbitrate. 9. Three (3) months passed from August of 2010, when the court entered an order compelling arbitration, to late November or early December of 2010, when the Beth Din gave up on MILES’ failure to cooperate and issued the Heter Arka’ ot (Permission To Litigate in Secular Court). 10. MILES had previously disregarded two (2) subpoenas from a Beth Din, before the Court entered its Order to compel arbitration, which motion was also opposed by MILES, 11. Three (3) months is more than sufficient time to enter into an arbitration Agreement if one really intends to participate, but MILES insists he needs more time. It is simply not credible, nor is it fair or just, given that I have attempted to prosecute this action in a Beth Din for a period of years and was forced to seek judicial imtervention to obtain an Order compelling arbitration. 12. Jn addition, 1 have personally reviewed, and sought an expert review by Nechama Reichman, of the computer file of the document purporting to be a November 28, 2010 e- mail from MILES to the Beth Din of America. 13. It appears that MILES has filed and attested to a false document. In any event, it %, 7/4/2011 82:52 +972-15326232047 AVRAHAM COLTHOF ADV PAGE 61/81 - Was not crcated on the dale which MTLES claims it was created. It was created in December of 2010. one thonth after it was supposedly e-mailed to the Beth Din. MILES has committed a fraud upon the court and upon me, T submit that MILES filing and attestation to a false document should be deemed an additio nal act of criminal contempt. 14, I sign this Affirmation under the pains and penalties of perjury SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 13th DAY OF APRIL, 2011 i f Z be atat Yehuda a |ceokl, Le sty moteys of her. Ye bvda, Li ld wat yt con sane PSF Agvon@e AVRAR 2AMOF yr I LICENGE Ny eae 0 yon 914s TI OeA603 2 6259407 (9)