On November 24, 2019 a
Motion-Secondary
was filed
involving a dispute between
Gary Rosen,
Rosen Law Llc,
and
Ebrahim Shokrian,
Mehran Malekan,
Shahram Mobasser,
for Commercial - Other (fraud and defamation)
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 01/24/2020 02:56 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 01/24/2020
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 616386/2019
COUNTY OF NASSAU HONORABLE JACK LIBERT
-----------------------------------------------------------x
ROSEN LAW LLC and GARY ROSEN
Plaintiffs, REPLY AFFIRMATION OF
MATIN EMOUNA
-against-
SHAHRAM MOBASSER Return Date:
MEHRAN MALEKAN, and January 27, 2020
EBRAHIM SHOKRIAN
Defendants.
-----------------------------------------------------------x
MATIN EMOUNA, ESQ., an attorney at law duly licensed to practice in the State of New York,
does hereby state under penalty of perjury as provided in CPLR 2106 and certifies pursuant to 22
NYCRR §130-1.1:
1. I am the attorney for EBRAHIM SHOKRIAN (“Defendant” and/or “Shokrian”), and as
such, I am fully familiar with the facts and circumstances herein. I make this affirmation based
upon review of the records maintained by my office, and information obtained from my
investigation and from statements made to me.
2. This Reply Affirmation is submitted in support of Defendant’s Motion for an order,
pursuant to CPLR § 3211(a)(7) directing entry of Judgment for the Defendant against the Plaintiff
and such further relief as the Court deems just, proper and equitable.
3. On or about December 17, 2019, co-defendants, Mehran Malekan and Shahram
Mobasser, by and through their attorneys, Goidel & Siegel LLP., filed a pre-answer motion to
dismiss returnable on December 27, 2019, pursuant to CPLR §3211(a)(7), together with such other
and further relief as the Court may deem just and proper.
4. In opposition to Respective Defendants’ Motion Plaintiff submits an inadmissible
affirmation from their attorney and named party, Gary Rosen Esq., which is affirmed and not
notarized.
1 of 2
FILED: NASSAU COUNTY CLERK 01/24/2020 02:56 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 01/24/2020
5. CPLR §R2106 provides:
Affirmation of truth of statement by attorney, physician, osteopath or dentist. The
statement of an attorney admitted to practice in the courts of the state, or of a
physician, osteopath or dentist, authorized by law to practice in the state, who is not
a party to an action, when subscribed and affirmed by him to be true under
the penalties of perjury, may be served or filed in the action in lieu of and with the
same force and effect as an affidavit.
6. In the interest of judicial economy assuming that the Court overlooks this error, or Mr.
Rosen simply submits and amended affirmation, Plaintiff’s affirmation is replete which conjecture,
and conclusory statements masquerading as factual and legal argument. What is noticeably missing
is anything — either specific facts or relevant legal argument — to rebut respective Defendants’
detailed Memorandum of Law. Plaintiff simply rehashed the complaint into an Affirmation.
7. For these reasons, which are more fully detailed in the attached memorandum of law
dated December 18, 2019, Ebrahim Shokrian respectfully requests that this Court grant his motion
and dismiss the Complaint in its entirety.
WHEREFORE, Defendant Ebrahim Shokrian respectfully requests that: (a) the Complaint
against Ebrahim Shokrian be dismissed with prejudice pursuant to CPLR §§ 3211(a)(7) and the Court
grant such further relief as the Court deems just and proper. In the event the within motion is denied,
leave to file an Answer within ten (10) days of being served with this Court's decision is respectfully
requested.
Dated: Garden City, New York
January 24, 2020
Respectfully submitted,
MATIN EMOUNA, ESQ.
Attorney for Ebrahim Shokrian
100 Garden City Plaza, Suite 520
Garden City, NY 11530
Tel (516) 877-9111
To: All Parties by ECF memouna@emiklaw.com
2 of 2
Document Filed Date
January 24, 2020
Case Filing Date
November 24, 2019
Category
Commercial - Other (fraud and defamation)
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FILED: NASSAU COUNTY CLERK 01/24/2020 02:56 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 01/24/2020 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 616386/2019 COUNTY OF NASSAU HONORABLE JACK LIBERT -----------------------------------------------------------x ROSEN LAW LLC and GARY ROSEN Plaintiffs, REPLY AFFIRMATION OF MATIN EMOUNA -against- SHAHRAM MOBASSER Return Date: MEHRAN MALEKAN, and January 27, 2020 EBRAHIM SHOKRIAN Defendants. -----------------------------------------------------------x MATIN EMOUNA, ESQ., an attorney at law duly licensed to practice in the State of New York, does hereby state under penalty of perjury as provided in CPLR 2106 and certifies pursuant to 22 NYCRR §130-1.1: 1. I am the attorney for EBRAHIM SHOKRIAN (“Defendant” and/or “Shokrian”), and as such, I am fully familiar with the facts and circumstances herein. I make this affirmation based upon review of the records maintained by my office, and information obtained from my investigation and from statements made to me. 2. This Reply Affirmation is submitted in support of Defendant’s Motion for an order, pursuant to CPLR § 3211(a)(7) directing entry of Judgment for the Defendant against the Plaintiff and such further relief as the Court deems just, proper and equitable. 3. On or about December 17, 2019, co-defendants, Mehran Malekan and Shahram Mobasser, by and through their attorneys, Goidel & Siegel LLP., filed a pre-answer motion to dismiss returnable on December 27, 2019, pursuant to CPLR §3211(a)(7), together with such other and further relief as the Court may deem just and proper. 4. In opposition to Respective Defendants’ Motion Plaintiff submits an inadmissible affirmation from their attorney and named party, Gary Rosen Esq., which is affirmed and not notarized. 1 of 2 FILED: NASSAU COUNTY CLERK 01/24/2020 02:56 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 01/24/2020 5. CPLR §R2106 provides: Affirmation of truth of statement by attorney, physician, osteopath or dentist. The statement of an attorney admitted to practice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. 6. In the interest of judicial economy assuming that the Court overlooks this error, or Mr. Rosen simply submits and amended affirmation, Plaintiff’s affirmation is replete which conjecture, and conclusory statements masquerading as factual and legal argument. What is noticeably missing is anything — either specific facts or relevant legal argument — to rebut respective Defendants’ detailed Memorandum of Law. Plaintiff simply rehashed the complaint into an Affirmation. 7. For these reasons, which are more fully detailed in the attached memorandum of law dated December 18, 2019, Ebrahim Shokrian respectfully requests that this Court grant his motion and dismiss the Complaint in its entirety. WHEREFORE, Defendant Ebrahim Shokrian respectfully requests that: (a) the Complaint against Ebrahim Shokrian be dismissed with prejudice pursuant to CPLR §§ 3211(a)(7) and the Court grant such further relief as the Court deems just and proper. In the event the within motion is denied, leave to file an Answer within ten (10) days of being served with this Court's decision is respectfully requested. Dated: Garden City, New York January 24, 2020 Respectfully submitted, MATIN EMOUNA, ESQ. Attorney for Ebrahim Shokrian 100 Garden City Plaza, Suite 520 Garden City, NY 11530 Tel (516) 877-9111 To: All Parties by ECF memouna@emiklaw.com 2 of 2