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FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019
INDEX # _________ / 19
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Date Filed:
-----------------------------------------------------------x November ___, 2019
ROSEN LAW LLC and GARY ROSEN
Plaintiffs designate
Plaintiffs, Nassau County as the
Place of Trial
-against-
SUMMONS
SHAHRAM MOBASSER The basis of the
MEHRAN MALEKAN, and venue designated is:
EBRAHIM SHOKRIAN Defendants’ principal
place of residence:
Defendants. 3 Farmers Road, Great Neck,
-----------------------------------------------------------x County of Nassau,
State of New York
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to
serve a copy of your answer or if the Complaint is not served with this Summons, to
serve a notice of appearance, upon the plaintiff’s attorney within twenty (20) days after
service of this Summons, exclusive of the date of service (or within thirty [30] days after
the service is complete if this Summons is not personally delivered to you within the
State of New York); and in case of your failure to appear or answer, judgment will be
taken against you by default for relief demanded in the complaint.
Dated: November 24, 2019
Great Neck, New York
_________________________
Gary S. Rosen, Esq.
ROSEN LAW LLC
Attorneys for Plaintiffs
216 Lakeville Road
Great Neck, New York 11020
516-437-3400
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DEFENDANTS’ ADDRESSES:
SHAHRAM MOBASSER
3 Farmers Road
Great Neck, New York 11024
MEHRAN MALEKAN
127 Kings Point Road
Great Neck, New York 11024
EBRAHIM SHOKRIAN
9 Sinclair Drive
Great Neck, New York 11024
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------x
ROSEN LAW LLC and GARY ROSEN
INDEX # _________ / 19
Plaintiffs,
-against-
VERIFIED
SHAHRAM MOBASSER COMPLAINT
MEHRAN MALEKAN, and
EBRAHIM SHOKRIAN
Defendants.
-----------------------------------------------------------x
Plaintiffs, complaining of the Defendants by their attorneys, Rosen Law LLC
respectfully allege as follows:
AS AND FOR A FIRST CAUSE OF ACTION FOR FRAUD
1. Plaintiff Rosen Law LLC, is a domestic limited liability company
with its place of business located at 216 Lakeville Road, Great Neck, County of of
Nassau, State of New York.
2. Plaintiff Gary Rosen is an individual with a place of business
located at 216 Lakeville Road, Great Neck, County of of Nassau, State of New York.
3. At all relevant times, Plaintiff Gary Rosen is and was a member of
Plaintiff Rosen Law LLC.
4. At all times hereinafter mentioned, upon information and belief,
Defendant SHAHRAM MOBASSER was an individual residing at 3 Farmers Road,
Great Neck, County of of Nassau, State of New York.
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5. At all times hereinafter mentioned, upon information and belief,
Defendant MEHRAN MALEKAN was an individual residing at 127 Kings Point Road,
Great Neck, County of of Nassau, State of New York.
6. At all times hereinafter mentioned, upon information and belief,
Defendant EBRAHIM SHOKRIAN was an individual residing at 9 Sinclair Drive, Great
Neck, County of of Nassau, State of New York.
7. Upon information and belief, Defendant SHAHRAM
MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM
SHOKRIAN were members of 2426 Ocean Avenue LLC, a New York limited liability
company.
8. Upon information and belief, at all times relevant to this complaint,
Defendant MEHRAN MALEKAN was the holder of 25% of the membership interests in
2426 Ocean Avenue LLC.
9. Upon information and belief, at all times relevant to this complaint,
Defendant SHAHRAM MOBASSER was the holder of 50% of the membership interests
in 2426 Ocean Avenue LLC.
10. Upon information and belief, at all times relevant to this complaint,
Defendant EBRAHIM SHOKRIAN was the holder of 25% of the membership interests
in 2426 Ocean Avenue LLC.
11. On July 20, 2017, Defendant MEHRAN MALEKAN commenced
an action against Defendant EBRAHIM SHOKRIAN, Defendant SHAHRAM
MOBASSER and 2426 Ocean avenue LLC in the Supreme Court of the State of New
York, County of Nassau, under Index No. 654928/2017 (the “Malekan Action”).
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12. Defendant MEHRAN MALEKAN, Defendant EBRAHIM
SHOKRIAN and Defendant SHAHRAM MOBASSER have had a dispute or disputes for
several years in which they litigated against each other.
13. Upon information and belief, Defendant MEHRAN MALEKAN
and Defendant SHAHRAM MOBASSER have cast blame on Plaintiffs herein due to
their dispute with Defendant EBRAHIM SHOKRIAN causing serious damage to the
professional reputation of Plaintiff Rosen Law LLC and Plaintiff Gary Rosen.
14. The attorneys for Defendant MEHRAN MALEKAN, Goidel &
Siegel, LLP, who are actually suing 2426 Ocean Avenue LLC in the Malekan Action, are
the same attorneys actually representing 2426 Ocean Avenue LLC in the 2426 Action
against Plaintiffs herein.
15. Goidel & Siegel, LLP are the attorneys who had sued 2426 Ocean
Avenue LLC in the Malekan Action and also the attorneys representing 2426 Ocean
Avenue LLC in the 2426 Action against Plaintiff Rosen Law LLC and Plaintiff Gary
Rosen.
16. In the 2426 Action, Plaintiff Rosen Law LLC and Plaintiff Gary
Rosen had to expend monies and resources to demand that venue be transferred to
Supreme Court, Nassau County.
17. Upon information and belief, Goidel & Siegel, LLP knew that
filing the 2426 Action in Supreme Court of the State of New York in Kings County was
improper.
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18. In the Malekan Action, Goidel & Siegel, LLP filed the Malekan
Action in the Supreme Court of the State of New York in New York County which was
improper.
19. On September 22, 2017, attorneys for Defendant EBRAHAM
SHOKRIAN filed a Demand for Change of Venue in the Malekan Action, and venue was
transferred to Supreme Court of the State of New York in Nassau County.
20. The commencement of the 2426 Action in Supreme Court of the
State of New York in Kings County was knowingly improper.
21. Defendant MEHRAN MALEKAN, Defendant EBRAHIM
SHOKRIAN and Defendant SHAHRAM MOBASSER should be held liable for the costs
and expenses that Plaintiff has incurred due to, upon information and belief, the
malfeasance and actions by Defendant MEHRAN MALEKAN, Defendant EBRAHIM
SHOKRIAN and Defendant SHAHRAM MOBASSER.
22. The filing of the 2426 Action at the direction of, upon information
and belief, Defendant MEHRAN MALEKAN, Defendant EBRAHIM SHOKRIAN
and/or Defendant SHAHRAM MOBASSER was malicious and Defendant SHAHRAM
MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM
SHOKRIAN must be held liable for the damages sustained by Plaintiffs by the filing of
the 2426 Action against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen.
23. On or about September 5, 2017, Goidel & Siegel, LLP sent a letter
to Defendant SHAHRAM MOBASSER in the Malekan Action, stating that if an answer
was not filed by Defendant SHAHRAM MOBASSER, a default judgment would be
taken against Defendant SHAHRAM MOBASSER.
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24. Upon information and belief, no answer was filed by Defendant
SHAHRAM MOBASSER in the Malekan Action.
25. Upon inforamtion and belief, Defendant MEHRAN MALEKAN is
represented by Goidel & Siegel, LLP in the Malekan Action.
26. Upon inforamtion and belief, Defendant SHAHRAM MOBASSER
is represented by Goidel & Siegel, LLP in the Malekan Action.
27. Upon inforamtion and belief, Defendant EBRAHIM SHOKRIAN
is represented by Emouna & Mikhail P.C. in the Malekan Action.
28. Upon information and belief, Goidel & Siegel, LLP has a conflict
of interest of representing Defendant MEHRAN MALEKAN in the Malekan Action,
suing 2426 Ocean Avenue LLC and then simultaneously representing 2426 Ocean
Avenue LLC against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen in the 2426
Action.
29. On December 15, 2017, Defendant EBRAHIM SHOKRIAN
commenced an action against Defendant MEHRAN MALEKAN, Defendant SHAHRAM
MOBASSER and 2426 Ocean Avenue LLC in the Supreme Court of the State of New
York, County of Nassau, under Index No. 613688/2017 (the “Shokrian Action”).
30. The Shokrian Action was for inter alia, dissolution of 2426 Ocean
Avenue LLC.
31. On February 14, 2018, counsel for Defendant MEHRAN
MALEKAN, Defendant SHAHRAM MOBASSER and Defendant EBRAHIM
SHOKRIAN appeared before Justice Timothy Driscoll in Supreme Court, Nassau County
(the “February 14, 2018 Appearance”).
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32. At the February 14, 2018 Appearance, counsel for Defendant
EBRAHIM SHOKRIAN stated that “Mr. Shokrian was the guy in charge of the
construction. Mr. Mobasser, who had the majority interest in the property and the bigger
investment, took care of the financing. Mr. Malekan kind of bounced back and forth and
did whatever he could”.
33. There was no dispute by Jonathan Goidel, Esq. at the February 18,
2018 Appearance that Defendant EBRAHIM SHOKRIAN was “the guy in charge of the
construction. Mr. Mobasser, who had the majority interest in the property and the bigger
investment, took care of the financing. Mr. Malekan kind of bounced back and forth and
did whatever he could”.
34. At the February 14, 2018 Appearance, counsel for Defendant
EBRAHIM SHOKRIAN stated that “When Mr. Shokrian was almost finished with the
construction, just basically remedial stuff you need when the Building Department
discovers that you need to do X, Y and Z in order to get your certificate of occupancy,
they basically threw him off the job and changed the locks on the building so he couldn’t
gain access and things of that nature”.
35. At the February 14, 2018 Appearance, Jonathan Goidel, Esq.,
counsel for Defendant MEHRAN MALEKAN stated that Defendant EBRAHIM
SHOKRIAN failed to install pumps in the condominium building, failed to purchase the
pumps, failed to get the New York City Department of Buildings to sign off on the
certificate of occupancy because Defendant EBRAHIM SHOKRIAN did not arrange for
access to the adjacent building, there was going to be a shut down of the adjacent
building because of a carbon monoxide problem because the building built by 2426
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Ocean Avenue LLC blocked the ventilation of the adjacent building, there were
balustrades that were supposed to be installed on terraces that were not installed,
“concrete was cast far in excess of the weight limitations and needed to be replaced”,
there were hundreds of thousands of dollars of cost overruns, there were delays, there was
a need to obtain a mortgage extension which was not obtained, Mr. Malekan and Mr.
Shokrian were previously sued by a board of directors of another condominium they
built, there were claims by the board of directors of another condominium that Mr.
Malekan and Mr. Shokrian stole money, etc.
36. There are and were disputes between the defendants herein and
they have frivolously caused the commencment of the action against Plaintiff Rosen Law
LLC and Plaintiff Gary Rosen with no lawful basis for doing so.
37. On or about July 15, 2014, Defendant EBRAHIM SHOKRIAN
retained Plaintiff Rosen Law LLC to prepare a condominium offering plan for a new
building located at 2424 Ocean Avenue, Brooklyn, New York, pursuant to a written
engagement letter / retainer agreement dated July 15, 2014 (the “Retainer Agreement”).
The total price to be charged by Plaintiff Rosen Law LLC for the preparation of the
condominium offering plan was $15,000, to be paid 1/3rd upon execution of the retainer
agreement, 1/3rd upon submission of documents to the New York State Department of
Law and 1/3rd upon the verbal acceptance by the New York State Department of Law that
the offering plan submitted was accepted by the New York State Department of Law for
filing.
38. The Retainer Agreement stated that “CLIENT AGREES THAT
CLIENT SHALL REVIEW THE OFFERING PLANS SUBMITTED TO THE NEW
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YORK STATE DEPARTMENT OF LAW FOR ACCEPTANCE AND WILL REVIEW
THE ACCEPTED OFFERING PLAN FOR ACCURACY AND CLIENT HOLDS
ROSEN LAW LLC HARMLESS FROM ANY ERRORS WHICH WERE NOT
CORRECTED BY CLIENT”.
39. On or about March 31, 2015, Plaintiff Rosen Law LLC submitted
the condominium offering plan and required exhibits and documents to the New York
State Department of Law for The 2424 Ocean Condominium pursuant to the Retainer
Agreement.
40. On November 17, 2015, the condominium offering plan for The
2424 Ocean Condominium was accepted for filing by the New York State Department of
Law.
41. Plaintiff Rosen Law LLC completed its work pursuant to the terms
of the Retainer Agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM
SHOKRIAN.
42. Plaintiff Rosen Law LLC was never engaged by 2426 Ocean
Avenue LLC to perform any work, labor or services at any time.
43. Plaintiff Rosen Law LLC was never engaged by 2426 Ocean
Avenue LLC to perform any work, labor or services at any time.
44. Plaintiffs were never engaged, in writing or verbally, to prepare,
file or get approved any application for any tax abatement or tax exemption of any kind
for The 2424 Ocean Condominium.
45. Plaintiffs were never engaged, in writing or verbally, to prepare,
file or get approved any application for any tax abatement or tax exemption of any kind
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for the real property located at 2424 Ocean Avenue, Brooklyn, New York or 2426 Ocean
Avenue, Brooklyn, New York where The 2424 Ocean Condominium is located.
46. Defendant SHAHRAM MOBASSER has personal knowledge that
Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or
verbally, to prepare, file or get approved any application for any tax abatement or tax
exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn,
New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean
Condominium is located.
47. Defendant MEHRAN MALEKAN has personal knowledge that
Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or
verbally, to prepare, file or get approved any application for any tax abatement or tax
exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn,
New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean
Condominium is located.
48. Defendant EBRAHIM SHOKRIAN has personal knowledge that
Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or
verbally, to prepare, file or get approved any application for any tax abatement or tax
exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn,
New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean
Condominium is located.
49. Upon information and belief, on July 17, 2019, Defendant
SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant
EBRAHIM SHOKRIAN were the sole members of 2426 Ocean Avenue LLC.
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50. Upon information and belief, the members making all of the
decision for 2426 Ocean Avenue LLC were on July 17, 2019, Defendant SHAHRAM
MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM
SHOKRIAN.
51. Upon information and belief, on or before July 17, 2019,
Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant
EBRAHIM SHOKRIAN held a meeting of the members of 2426 Ocean Avenue LLC and
voted to commence an action in the Supreme Court of the State of New York, County of
Kings, which was filed on July 17, 2019 under Index No. 515712/2019.
52. On July 17, 2019, 2426 Ocean Avenue LLC commenced an action
by the filing of a complaint against Plaintiffs, under Index No. 515712/2019 for legal
malpractice (the “Complaint”).
53. The action brought by 2426 Ocean Avenue LLC against Plaintiffs,
under Index No. 515712/2019 is hereafter referred to as the “2426 Action”.
54. The Complaint states “That Plaintiff retained the professional legal
services of Defendants to duly draft and file a Condominium Offering Plan (the “Offering
Plan”) for a projected owned by Plaintiff, located at 2424 Ocean Avenue, Brooklyn, New
York 11229 (the “Property”)”.
55. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained
the professional legal services of Defendants to duly draft and file a Condominium
Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424
Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement
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because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen Law LLC was
retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean
Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424
Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained
by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to perform any services for 2426 Ocean Avenue
LLC or for any defendant herein.
56. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained
the professional legal services of Defendants to duly draft and file a Condominium
Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424
Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement
because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law LLC was
retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean
Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424
Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained
by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to perform any services for 2426 Ocean Avenue
LLC or for any defendant herein.
57. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained
the professional legal services of Defendants to duly draft and file a Condominium
Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424
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Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement
because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law LLC was
retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean
Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424
Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained
by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to perform any services for 2426 Ocean Avenue
LLC or for any defendant herein.
58. The Complaint states “That Defendants did accept Plaintiff’s
retainer and did then to proceed to draft and file the Offering Plan”.
59. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint, that the statement “That Defendants did
accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was
a false statement because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen
Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by
2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to perform any services for 2426 Ocean Avenue LLC or for any
defendant herein.
60. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint, that the statement “That Defendants did
accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was
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a false statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen
Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by
2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to perform any services for 2426 Ocean Avenue LLC or for any
defendant herein.
61. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint, that the statement “That Defendants did
accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was
a false statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen
Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by
2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to perform any services for 2426 Ocean Avenue LLC or for any
defendant herein.
62. The Complaint states “Defendants represented to the Plaintiff that
they were able to competently prepare and file the Offering Plan”.
63. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint, that the statement “Defendants
represented to the Plaintiff that they were able to competently prepare and file the
Offering Plan” was a false statement because Defendant SHAHRAM MOBASSER knew
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that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue
LLC to prepare a condominium offering plan for a project located at 2424 Ocean
Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by
Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to prepare and file a condominium offering plan
for 2426 Ocean Avenue LLC.
64. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint, that the statement “Defendants
represented to the Plaintiff that they were able to competently prepare and file the
Offering Plan” was a false statement because Defendant MEHRAN MALEKAN knew
that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue
LLC to prepare a condominium offering plan for a project located at 2424 Ocean
Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by
Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to prepare and file a condominium offering plan
for 2426 Ocean Avenue LLC.
65. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint, that the statement “Defendants
represented to the Plaintiff that they were able to competently prepare and file the
Offering Plan” was a false statement because Defendant EBRAHIM SHOKRIAN knew
that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue
LLC to prepare a condominium offering plan for a project located at 2424 Ocean
Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by
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Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary
Rosen was never individually retained to prepare and file a condominium offering plan
for 2426 Ocean Avenue LLC.
66. The statement in the Complaint “That Defendants did accept
Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” gives the
appearance that Defendants did not competently prepare and file the Offering Plan.
67. The condominium offering plan, for which Plaintiff Rosen Law
LLC was retained by Defendant EBRAHIM SHOKRIAN to prepare have have accepted
for filing by the New York State Department of Law was in fact accepted for filing by the
New York State Department of Law.
68. The Complaint states “Plaintiff retained Defendants to serve as
legal counsel to prepare and file the Offering Plan”.
69. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint, that the statement “Plaintiff retained
Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false
statement because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen Law
LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a
condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to prepare and file a condominium offering plan for 2426 Ocean
Avenue LLC.
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70. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint, that the statement “Plaintiff retained
Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false
statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law
LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a
condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to prepare and file a condominium offering plan for 2426 Ocean
Avenue LLC.
71. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint, that the statement “Plaintiff retained
Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false
statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law
LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a
condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New
York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM
SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never
individually retained to prepare and file a condominium offering plan for 2426 Ocean
Avenue LLC.
72. The Complaint states “Defendants failed to properly and
competently prepare and file the Offering Plan”.
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73. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint, that the statement “Defendants failed to
properly and competently prepare and file the Offering Plan” was false, because the
offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the
New York State Department of Law, and at no time did Defendant EBRAHIM
SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium
offering plan for The 2424 Ocean Avenue Condominium ever claim that the
condominium offering plan was not properly and/or competently prepared by either
Plaintiff.
74. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint that there was no retainer agreement
between Plaintiffs and 2426 Ocean Avenue LLC and that there was only a retainer
agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM SHOKRIAN,
and that the Retainer Agreement clearly and conspiciously stated that “CLIENT”
(Defendant EBRAHIM SHOKRIAN) agreed that “CLIENT SHALL REVIEW THE
OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF
LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING
PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS
FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”.
75. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN
had agreed to and was obligated to review any of the drafts and final offering plan
submitted by Plaintiff Rosen Law LLC to the New York State Department of Law and
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advise Plaintiff Rosen Law LLC if anything contained in the drafts and final offering plan
submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was
not accurate.
76. Upon information and belief, Defendant SHAHRAM MOBASSER
knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN
never advised Plaintiff Rosen Law LLC that anything contained in the drafts and final
offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department
of Law was not accurate.
77. Pursuant to the terms of the Retainer Agreement, Defendant
EBRAHIM SHOKRIAN agreed to the term and condition of the Retainer Agreement
which stated that “CLIENT AGREES THAT CLIENT SHALL REVIEW THE
OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF
LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING
PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS
FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”.
78. In accordance with the terms of the Retainer Agreement,
Defendant EBRAHIM SHOKRIAN was provided with draft copies and the final
condominium offering plan for The 2424 Ocean Avenue Condominium which was
accepted for filing by the New York State Department of Law for his review.
79. At no time did Defendant EBRAHIM SHOKRIAN ever state that
draft copies and the final condominium offering plan for The 2424 Ocean Avenue
Condominium which was accepted for filing by the New York State Department of Law
were not accurate.
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80. Pursuant to the terms and conditions of the Retainer Agreement,
Defendant EBRAHIM SHOKRIAN had the obligation and duty to review the draft
copies and the final condominium offering plan for The 2424 Ocean Avenue
Condominium which was accepted for filing by the New York State Department of Law
for accuracy.
81. Pursuant to the terms and conditions of the Retainer Agreement,
Defendant EBRAHIM SHOKRIAN had the obligation and duty to advise Plaintiff Rosen
Law LLC if the draft copies and the final condominium offering plan for The 2424 Ocean
Avenue Condominium which was accepted for filing by the New York State Department
of Law were not accurate.
82. At no time did Defendant EBRAHIM SHOKRIAN ever state that
Plaintiffs did not prepare an accurate condominium offering plan for The 2424 Ocean
Avenue Condominium which was accepted for filing by the New York State Department
of Law.
83. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint, that the statement “Defendants failed to
properly and competently prepare and file the Offering Plan” was false, because the
offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the
New York State Department of Law, and at no time did Defendant EBRAHIM
SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium
offering plan for The 2424 Ocean Avenue Condominium ever claim that the
condominium offering plan was not properly and/or competently prepared by either
Plaintiff.
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84. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint that there was no retainer agreement
between Plaintiffs and 2426 Ocean Avenue LLC and that there was only a retainer
agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM SHOKRIAN,
and that the Retainer Agreement clearly and conspiciously stated that “CLIENT”
(Defendant EBRAHIM SHOKRIAN) agreed that “CLIENT SHALL REVIEW THE
OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF
LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING
PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS
FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”.
85. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN
had agreed to and was obligated to review any of the drafts and final offering plan
submitted by Plaintiff Rosen Law LLC to the New York State Department of Law and
advise Plaintiff Rosen Law LLC if anything contained in the drafts and final offering plan
submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was
not accurate.
86. Upon information and belief, Defendant MEHRAN MALEKAN
knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN
never advised Plaintiff Rosen Law LLC that anything contained in the drafts and final
offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department
of Law was not accurate.
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87. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint, that the statement “Defendants failed to
properly and competently prepare and file the Offering Plan” was false, because the
offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the
New York State Department of Law, and at no time did Defendant EBRAHIM
SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium
offering plan for The 2424 Ocean Avenue Condominium ever claim that the
condominium offering plan was not properly and/or competently prepared by either
Plaintiff.
88. Upon information and belief, Defendant EBRAHIM SHOKRIAN
knew at the time of the filing of the Complaint that there was no retainer agreement
between Plaintiffs and 2426 Ocean Avenue LLC and that ther
Preview
FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 INDEX # _________ / 19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Date Filed: -----------------------------------------------------------x November ___, 2019 ROSEN LAW LLC and GARY ROSEN Plaintiffs designate Plaintiffs, Nassau County as the Place of Trial -against- SUMMONS SHAHRAM MOBASSER The basis of the MEHRAN MALEKAN, and venue designated is: EBRAHIM SHOKRIAN Defendants’ principal place of residence: Defendants. 3 Farmers Road, Great Neck, -----------------------------------------------------------x County of Nassau, State of New York TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer or if the Complaint is not served with this Summons, to serve a notice of appearance, upon the plaintiff’s attorney within twenty (20) days after service of this Summons, exclusive of the date of service (or within thirty [30] days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for relief demanded in the complaint. Dated: November 24, 2019 Great Neck, New York _________________________ Gary S. Rosen, Esq. ROSEN LAW LLC Attorneys for Plaintiffs 216 Lakeville Road Great Neck, New York 11020 516-437-3400 1 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 DEFENDANTS’ ADDRESSES: SHAHRAM MOBASSER 3 Farmers Road Great Neck, New York 11024 MEHRAN MALEKAN 127 Kings Point Road Great Neck, New York 11024 EBRAHIM SHOKRIAN 9 Sinclair Drive Great Neck, New York 11024 2 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------x ROSEN LAW LLC and GARY ROSEN INDEX # _________ / 19 Plaintiffs, -against- VERIFIED SHAHRAM MOBASSER COMPLAINT MEHRAN MALEKAN, and EBRAHIM SHOKRIAN Defendants. -----------------------------------------------------------x Plaintiffs, complaining of the Defendants by their attorneys, Rosen Law LLC respectfully allege as follows: AS AND FOR A FIRST CAUSE OF ACTION FOR FRAUD 1. Plaintiff Rosen Law LLC, is a domestic limited liability company with its place of business located at 216 Lakeville Road, Great Neck, County of of Nassau, State of New York. 2. Plaintiff Gary Rosen is an individual with a place of business located at 216 Lakeville Road, Great Neck, County of of Nassau, State of New York. 3. At all relevant times, Plaintiff Gary Rosen is and was a member of Plaintiff Rosen Law LLC. 4. At all times hereinafter mentioned, upon information and belief, Defendant SHAHRAM MOBASSER was an individual residing at 3 Farmers Road, Great Neck, County of of Nassau, State of New York. 3 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 5. At all times hereinafter mentioned, upon information and belief, Defendant MEHRAN MALEKAN was an individual residing at 127 Kings Point Road, Great Neck, County of of Nassau, State of New York. 6. At all times hereinafter mentioned, upon information and belief, Defendant EBRAHIM SHOKRIAN was an individual residing at 9 Sinclair Drive, Great Neck, County of of Nassau, State of New York. 7. Upon information and belief, Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM SHOKRIAN were members of 2426 Ocean Avenue LLC, a New York limited liability company. 8. Upon information and belief, at all times relevant to this complaint, Defendant MEHRAN MALEKAN was the holder of 25% of the membership interests in 2426 Ocean Avenue LLC. 9. Upon information and belief, at all times relevant to this complaint, Defendant SHAHRAM MOBASSER was the holder of 50% of the membership interests in 2426 Ocean Avenue LLC. 10. Upon information and belief, at all times relevant to this complaint, Defendant EBRAHIM SHOKRIAN was the holder of 25% of the membership interests in 2426 Ocean Avenue LLC. 11. On July 20, 2017, Defendant MEHRAN MALEKAN commenced an action against Defendant EBRAHIM SHOKRIAN, Defendant SHAHRAM MOBASSER and 2426 Ocean avenue LLC in the Supreme Court of the State of New York, County of Nassau, under Index No. 654928/2017 (the “Malekan Action”). 4 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 12. Defendant MEHRAN MALEKAN, Defendant EBRAHIM SHOKRIAN and Defendant SHAHRAM MOBASSER have had a dispute or disputes for several years in which they litigated against each other. 13. Upon information and belief, Defendant MEHRAN MALEKAN and Defendant SHAHRAM MOBASSER have cast blame on Plaintiffs herein due to their dispute with Defendant EBRAHIM SHOKRIAN causing serious damage to the professional reputation of Plaintiff Rosen Law LLC and Plaintiff Gary Rosen. 14. The attorneys for Defendant MEHRAN MALEKAN, Goidel & Siegel, LLP, who are actually suing 2426 Ocean Avenue LLC in the Malekan Action, are the same attorneys actually representing 2426 Ocean Avenue LLC in the 2426 Action against Plaintiffs herein. 15. Goidel & Siegel, LLP are the attorneys who had sued 2426 Ocean Avenue LLC in the Malekan Action and also the attorneys representing 2426 Ocean Avenue LLC in the 2426 Action against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen. 16. In the 2426 Action, Plaintiff Rosen Law LLC and Plaintiff Gary Rosen had to expend monies and resources to demand that venue be transferred to Supreme Court, Nassau County. 17. Upon information and belief, Goidel & Siegel, LLP knew that filing the 2426 Action in Supreme Court of the State of New York in Kings County was improper. 5 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 18. In the Malekan Action, Goidel & Siegel, LLP filed the Malekan Action in the Supreme Court of the State of New York in New York County which was improper. 19. On September 22, 2017, attorneys for Defendant EBRAHAM SHOKRIAN filed a Demand for Change of Venue in the Malekan Action, and venue was transferred to Supreme Court of the State of New York in Nassau County. 20. The commencement of the 2426 Action in Supreme Court of the State of New York in Kings County was knowingly improper. 21. Defendant MEHRAN MALEKAN, Defendant EBRAHIM SHOKRIAN and Defendant SHAHRAM MOBASSER should be held liable for the costs and expenses that Plaintiff has incurred due to, upon information and belief, the malfeasance and actions by Defendant MEHRAN MALEKAN, Defendant EBRAHIM SHOKRIAN and Defendant SHAHRAM MOBASSER. 22. The filing of the 2426 Action at the direction of, upon information and belief, Defendant MEHRAN MALEKAN, Defendant EBRAHIM SHOKRIAN and/or Defendant SHAHRAM MOBASSER was malicious and Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM SHOKRIAN must be held liable for the damages sustained by Plaintiffs by the filing of the 2426 Action against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen. 23. On or about September 5, 2017, Goidel & Siegel, LLP sent a letter to Defendant SHAHRAM MOBASSER in the Malekan Action, stating that if an answer was not filed by Defendant SHAHRAM MOBASSER, a default judgment would be taken against Defendant SHAHRAM MOBASSER. 6 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 24. Upon information and belief, no answer was filed by Defendant SHAHRAM MOBASSER in the Malekan Action. 25. Upon inforamtion and belief, Defendant MEHRAN MALEKAN is represented by Goidel & Siegel, LLP in the Malekan Action. 26. Upon inforamtion and belief, Defendant SHAHRAM MOBASSER is represented by Goidel & Siegel, LLP in the Malekan Action. 27. Upon inforamtion and belief, Defendant EBRAHIM SHOKRIAN is represented by Emouna & Mikhail P.C. in the Malekan Action. 28. Upon information and belief, Goidel & Siegel, LLP has a conflict of interest of representing Defendant MEHRAN MALEKAN in the Malekan Action, suing 2426 Ocean Avenue LLC and then simultaneously representing 2426 Ocean Avenue LLC against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen in the 2426 Action. 29. On December 15, 2017, Defendant EBRAHIM SHOKRIAN commenced an action against Defendant MEHRAN MALEKAN, Defendant SHAHRAM MOBASSER and 2426 Ocean Avenue LLC in the Supreme Court of the State of New York, County of Nassau, under Index No. 613688/2017 (the “Shokrian Action”). 30. The Shokrian Action was for inter alia, dissolution of 2426 Ocean Avenue LLC. 31. On February 14, 2018, counsel for Defendant MEHRAN MALEKAN, Defendant SHAHRAM MOBASSER and Defendant EBRAHIM SHOKRIAN appeared before Justice Timothy Driscoll in Supreme Court, Nassau County (the “February 14, 2018 Appearance”). 7 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 32. At the February 14, 2018 Appearance, counsel for Defendant EBRAHIM SHOKRIAN stated that “Mr. Shokrian was the guy in charge of the construction. Mr. Mobasser, who had the majority interest in the property and the bigger investment, took care of the financing. Mr. Malekan kind of bounced back and forth and did whatever he could”. 33. There was no dispute by Jonathan Goidel, Esq. at the February 18, 2018 Appearance that Defendant EBRAHIM SHOKRIAN was “the guy in charge of the construction. Mr. Mobasser, who had the majority interest in the property and the bigger investment, took care of the financing. Mr. Malekan kind of bounced back and forth and did whatever he could”. 34. At the February 14, 2018 Appearance, counsel for Defendant EBRAHIM SHOKRIAN stated that “When Mr. Shokrian was almost finished with the construction, just basically remedial stuff you need when the Building Department discovers that you need to do X, Y and Z in order to get your certificate of occupancy, they basically threw him off the job and changed the locks on the building so he couldn’t gain access and things of that nature”. 35. At the February 14, 2018 Appearance, Jonathan Goidel, Esq., counsel for Defendant MEHRAN MALEKAN stated that Defendant EBRAHIM SHOKRIAN failed to install pumps in the condominium building, failed to purchase the pumps, failed to get the New York City Department of Buildings to sign off on the certificate of occupancy because Defendant EBRAHIM SHOKRIAN did not arrange for access to the adjacent building, there was going to be a shut down of the adjacent building because of a carbon monoxide problem because the building built by 2426 8 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 Ocean Avenue LLC blocked the ventilation of the adjacent building, there were balustrades that were supposed to be installed on terraces that were not installed, “concrete was cast far in excess of the weight limitations and needed to be replaced”, there were hundreds of thousands of dollars of cost overruns, there were delays, there was a need to obtain a mortgage extension which was not obtained, Mr. Malekan and Mr. Shokrian were previously sued by a board of directors of another condominium they built, there were claims by the board of directors of another condominium that Mr. Malekan and Mr. Shokrian stole money, etc. 36. There are and were disputes between the defendants herein and they have frivolously caused the commencment of the action against Plaintiff Rosen Law LLC and Plaintiff Gary Rosen with no lawful basis for doing so. 37. On or about July 15, 2014, Defendant EBRAHIM SHOKRIAN retained Plaintiff Rosen Law LLC to prepare a condominium offering plan for a new building located at 2424 Ocean Avenue, Brooklyn, New York, pursuant to a written engagement letter / retainer agreement dated July 15, 2014 (the “Retainer Agreement”). The total price to be charged by Plaintiff Rosen Law LLC for the preparation of the condominium offering plan was $15,000, to be paid 1/3rd upon execution of the retainer agreement, 1/3rd upon submission of documents to the New York State Department of Law and 1/3rd upon the verbal acceptance by the New York State Department of Law that the offering plan submitted was accepted by the New York State Department of Law for filing. 38. The Retainer Agreement stated that “CLIENT AGREES THAT CLIENT SHALL REVIEW THE OFFERING PLANS SUBMITTED TO THE NEW 9 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 YORK STATE DEPARTMENT OF LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”. 39. On or about March 31, 2015, Plaintiff Rosen Law LLC submitted the condominium offering plan and required exhibits and documents to the New York State Department of Law for The 2424 Ocean Condominium pursuant to the Retainer Agreement. 40. On November 17, 2015, the condominium offering plan for The 2424 Ocean Condominium was accepted for filing by the New York State Department of Law. 41. Plaintiff Rosen Law LLC completed its work pursuant to the terms of the Retainer Agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM SHOKRIAN. 42. Plaintiff Rosen Law LLC was never engaged by 2426 Ocean Avenue LLC to perform any work, labor or services at any time. 43. Plaintiff Rosen Law LLC was never engaged by 2426 Ocean Avenue LLC to perform any work, labor or services at any time. 44. Plaintiffs were never engaged, in writing or verbally, to prepare, file or get approved any application for any tax abatement or tax exemption of any kind for The 2424 Ocean Condominium. 45. Plaintiffs were never engaged, in writing or verbally, to prepare, file or get approved any application for any tax abatement or tax exemption of any kind 10 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 for the real property located at 2424 Ocean Avenue, Brooklyn, New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean Condominium is located. 46. Defendant SHAHRAM MOBASSER has personal knowledge that Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or verbally, to prepare, file or get approved any application for any tax abatement or tax exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn, New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean Condominium is located. 47. Defendant MEHRAN MALEKAN has personal knowledge that Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or verbally, to prepare, file or get approved any application for any tax abatement or tax exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn, New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean Condominium is located. 48. Defendant EBRAHIM SHOKRIAN has personal knowledge that Plaintiff Rosen Law LLC and Plaintiff Gary Rosen, were never engaged, in writing or verbally, to prepare, file or get approved any application for any tax abatement or tax exemption of any kind for the real property located at 2424 Ocean Avenue, Brooklyn, New York or 2426 Ocean Avenue, Brooklyn, New York where The 2424 Ocean Condominium is located. 49. Upon information and belief, on July 17, 2019, Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM SHOKRIAN were the sole members of 2426 Ocean Avenue LLC. 11 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 50. Upon information and belief, the members making all of the decision for 2426 Ocean Avenue LLC were on July 17, 2019, Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM SHOKRIAN. 51. Upon information and belief, on or before July 17, 2019, Defendant SHAHRAM MOBASSER, Defendant MEHRAN MALEKAN and Defendant EBRAHIM SHOKRIAN held a meeting of the members of 2426 Ocean Avenue LLC and voted to commence an action in the Supreme Court of the State of New York, County of Kings, which was filed on July 17, 2019 under Index No. 515712/2019. 52. On July 17, 2019, 2426 Ocean Avenue LLC commenced an action by the filing of a complaint against Plaintiffs, under Index No. 515712/2019 for legal malpractice (the “Complaint”). 53. The action brought by 2426 Ocean Avenue LLC against Plaintiffs, under Index No. 515712/2019 is hereafter referred to as the “2426 Action”. 54. The Complaint states “That Plaintiff retained the professional legal services of Defendants to duly draft and file a Condominium Offering Plan (the “Offering Plan”) for a projected owned by Plaintiff, located at 2424 Ocean Avenue, Brooklyn, New York 11229 (the “Property”)”. 55. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained the professional legal services of Defendants to duly draft and file a Condominium Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424 Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement 12 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 56. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained the professional legal services of Defendants to duly draft and file a Condominium Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424 Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 57. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint, that the statement “That Plaintiff retained the professional legal services of Defendants to duly draft and file a Condominium Offering Plan (the “Offering Plan”) for a project owned by Plaintiff, located at 2424 13 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 Ocean Avenue, Brooklyn, New York 11229 (the “Property”)” was a false statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC to draft and file a Condominium Offering Plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 58. The Complaint states “That Defendants did accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan”. 59. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint, that the statement “That Defendants did accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was a false statement because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 60. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint, that the statement “That Defendants did accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was 14 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 a false statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 61. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint, that the statement “That Defendants did accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” was a false statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN, and was not retained by 2426 Ocean Avenue LLC for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to perform any services for 2426 Ocean Avenue LLC or for any defendant herein. 62. The Complaint states “Defendants represented to the Plaintiff that they were able to competently prepare and file the Offering Plan”. 63. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint, that the statement “Defendants represented to the Plaintiff that they were able to competently prepare and file the Offering Plan” was a false statement because Defendant SHAHRAM MOBASSER knew 15 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 64. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint, that the statement “Defendants represented to the Plaintiff that they were able to competently prepare and file the Offering Plan” was a false statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 65. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint, that the statement “Defendants represented to the Plaintiff that they were able to competently prepare and file the Offering Plan” was a false statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by 16 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 66. The statement in the Complaint “That Defendants did accept Plaintiff’s retainer and did then to proceed to draft and file the Offering Plan” gives the appearance that Defendants did not competently prepare and file the Offering Plan. 67. The condominium offering plan, for which Plaintiff Rosen Law LLC was retained by Defendant EBRAHIM SHOKRIAN to prepare have have accepted for filing by the New York State Department of Law was in fact accepted for filing by the New York State Department of Law. 68. The Complaint states “Plaintiff retained Defendants to serve as legal counsel to prepare and file the Offering Plan”. 69. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint, that the statement “Plaintiff retained Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false statement because Defendant SHAHRAM MOBASSER knew that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 17 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 70. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint, that the statement “Plaintiff retained Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false statement because Defendant MEHRAN MALEKAN knew that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 71. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint, that the statement “Plaintiff retained Defendants to serve as legal counsel to prepare and file the Offering Plan” was a false statement because Defendant EBRAHIM SHOKRIAN knew that Plaintiff Rosen Law LLC was never retained by or engaged by 2426 Ocean Avenue LLC to prepare a condominium offering plan for a project located at 2424 Ocean Avenue, Brooklyn, New York 11229, and that Rosen Law LLC was only retained by Defendant EBRAHIM SHOKRIAN pursuant to the Retainer Agreement and that Gary Rosen was never individually retained to prepare and file a condominium offering plan for 2426 Ocean Avenue LLC. 72. The Complaint states “Defendants failed to properly and competently prepare and file the Offering Plan”. 18 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 73. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint, that the statement “Defendants failed to properly and competently prepare and file the Offering Plan” was false, because the offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the New York State Department of Law, and at no time did Defendant EBRAHIM SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium offering plan for The 2424 Ocean Avenue Condominium ever claim that the condominium offering plan was not properly and/or competently prepared by either Plaintiff. 74. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint that there was no retainer agreement between Plaintiffs and 2426 Ocean Avenue LLC and that there was only a retainer agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM SHOKRIAN, and that the Retainer Agreement clearly and conspiciously stated that “CLIENT” (Defendant EBRAHIM SHOKRIAN) agreed that “CLIENT SHALL REVIEW THE OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”. 75. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN had agreed to and was obligated to review any of the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law and 19 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 advise Plaintiff Rosen Law LLC if anything contained in the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was not accurate. 76. Upon information and belief, Defendant SHAHRAM MOBASSER knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN never advised Plaintiff Rosen Law LLC that anything contained in the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was not accurate. 77. Pursuant to the terms of the Retainer Agreement, Defendant EBRAHIM SHOKRIAN agreed to the term and condition of the Retainer Agreement which stated that “CLIENT AGREES THAT CLIENT SHALL REVIEW THE OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”. 78. In accordance with the terms of the Retainer Agreement, Defendant EBRAHIM SHOKRIAN was provided with draft copies and the final condominium offering plan for The 2424 Ocean Avenue Condominium which was accepted for filing by the New York State Department of Law for his review. 79. At no time did Defendant EBRAHIM SHOKRIAN ever state that draft copies and the final condominium offering plan for The 2424 Ocean Avenue Condominium which was accepted for filing by the New York State Department of Law were not accurate. 20 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 80. Pursuant to the terms and conditions of the Retainer Agreement, Defendant EBRAHIM SHOKRIAN had the obligation and duty to review the draft copies and the final condominium offering plan for The 2424 Ocean Avenue Condominium which was accepted for filing by the New York State Department of Law for accuracy. 81. Pursuant to the terms and conditions of the Retainer Agreement, Defendant EBRAHIM SHOKRIAN had the obligation and duty to advise Plaintiff Rosen Law LLC if the draft copies and the final condominium offering plan for The 2424 Ocean Avenue Condominium which was accepted for filing by the New York State Department of Law were not accurate. 82. At no time did Defendant EBRAHIM SHOKRIAN ever state that Plaintiffs did not prepare an accurate condominium offering plan for The 2424 Ocean Avenue Condominium which was accepted for filing by the New York State Department of Law. 83. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint, that the statement “Defendants failed to properly and competently prepare and file the Offering Plan” was false, because the offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the New York State Department of Law, and at no time did Defendant EBRAHIM SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium offering plan for The 2424 Ocean Avenue Condominium ever claim that the condominium offering plan was not properly and/or competently prepared by either Plaintiff. 21 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 84. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint that there was no retainer agreement between Plaintiffs and 2426 Ocean Avenue LLC and that there was only a retainer agreement between Plaintiff Rosen Law LLC and Defendant EBRAHIM SHOKRIAN, and that the Retainer Agreement clearly and conspiciously stated that “CLIENT” (Defendant EBRAHIM SHOKRIAN) agreed that “CLIENT SHALL REVIEW THE OFFERING PLANS SUBMITTED TO THE NEW YORK STATE DEPARTMENT OF LAW FOR ACCEPTANCE AND WILL REVIEW THE ACCEPTED OFFERING PLAN FOR ACCURACY AND CLIENT HOLDS ROSEN LAW LLC HARMLESS FROM ANY ERRORS WHICH WERE NOT CORRECTED BY CLIENT”. 85. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN had agreed to and was obligated to review any of the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law and advise Plaintiff Rosen Law LLC if anything contained in the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was not accurate. 86. Upon information and belief, Defendant MEHRAN MALEKAN knew at the time of the filing of the Complaint that Defendant EBRAHIM SHOKRIAN never advised Plaintiff Rosen Law LLC that anything contained in the drafts and final offering plan submitted by Plaintiff Rosen Law LLC to the New York State Department of Law was not accurate. 22 of 53 FILED: NASSAU COUNTY CLERK 11/24/2019 01:45 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/24/2019 87. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint, that the statement “Defendants failed to properly and competently prepare and file the Offering Plan” was false, because the offering plan for The 2424 Ocean Avenue Condominium, was accepted for filing by the New York State Department of Law, and at no time did Defendant EBRAHIM SHOKRIAN, who retained Plaintiff Rosen Law LLC to prepare the condominium offering plan for The 2424 Ocean Avenue Condominium ever claim that the condominium offering plan was not properly and/or competently prepared by either Plaintiff. 88. Upon information and belief, Defendant EBRAHIM SHOKRIAN knew at the time of the filing of the Complaint that there was no retainer agreement between Plaintiffs and 2426 Ocean Avenue LLC and that ther