Preview
FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 616386/2019
COUNTY OF NASSAU
-----------------------------------------------------------x
ROSEN LAW LLC and GARY ROSEN
Plaintiffs, AFFIRMATION OF
MATIN EMOUNA
-against-
SHAHRAM MOBASSER Return Date:
MEHRAN MALEKAN, and December 27, 2019
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 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. For a full recitation of legal arguments,
the Court’s attention is respectfully directed to the attached Memorandum of Law, dated December
18, 2019, and the Affirmation of Jonathan Goidel, Esq., dated December 17, 2019, (DKT Entry
1 of 3
FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019
No. 3). The contents of said Affirmation and attached Exhibits (DKT Entries No. 4 through
8).therefore respectfully incorporated herein and made a part hereof. 1
4. This action is the one of two currently pending in this court among the parties. The first
was originally commenced in Kings County by co-defendants, Mehran Malekan and Shahram
Mobasser (and an entity they now own, 2426 Ocean avenue, LLC), and not by Ebrahim Shokrian,
against the plaintiffs for legal malpractice, arising out of errors made by the plaintiffs herein, in
drafting a condominium offering plan prepared by defendants for a project sponsored by the LLC
located at 2424 Ocean Avenue, Brooklyn, New York. In that action, Ebrahim Shokrian was not a
party, nor did he appear.
5. Plaintiffs herein answered the complaint in the malpractice action and, thereafter, the
respective parties stipulated to having that action transferred to Nassau Supreme Court. As of the
date of this filing, there has been no Judge assigned to this case.
6. It is upon information and belief that this case arises from some sort of retaliation for
the commencement of the malpractice action, by co-defendants. Plaintiffs herein, are appearing
pro se, commenced the instant action by filing a meritless complaint. The complaint in this action,
a copy of which is annexed hereto as Exhibit A, purports to assert six (6) separate causes of action,
to wit: (1) Fraud, (2) Injurious Falsehood, (3) Prima Facie Tort, (4) Civil Conspiracy, and (5)
Aiding and Abetting Fraud and (6) Defamation, all, exclusively based on allegations contained in
the Malpractice Complaint. As demonstrated below, none of the foregoing 6 causes of action are
viable claims and all must be dismissed on this motion.
1
In the interest of environmental awareness, I have not attached, nor copied the lengthy Exhibits that
were made and attached to co-defendants’ motion to dismiss returnable on the same date.
2 of 3
FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019
7. For these reasons, which are more fully detailed in the attached memorandum of law,
Ebrahim Shokrian respectfully requests that this Court grant its motion and dismiss the Complaint
as against Ebrahim Shokrian 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
December 18, 2019
Respectfully submitted,
_______________________
MATIN EMOUNA, ESQ.
Attorney for Ebrahim Shokrian
100 Garden City Plaza, Suite 520
Garden City, NY 11530
Tel (516) 877-9111
memouna@emiklaw.com
To: All Parties by ECF
3 of 3
Preview
FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 616386/2019 COUNTY OF NASSAU -----------------------------------------------------------x ROSEN LAW LLC and GARY ROSEN Plaintiffs, AFFIRMATION OF MATIN EMOUNA -against- SHAHRAM MOBASSER Return Date: MEHRAN MALEKAN, and December 27, 2019 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 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. For a full recitation of legal arguments, the Court’s attention is respectfully directed to the attached Memorandum of Law, dated December 18, 2019, and the Affirmation of Jonathan Goidel, Esq., dated December 17, 2019, (DKT Entry 1 of 3 FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019 No. 3). The contents of said Affirmation and attached Exhibits (DKT Entries No. 4 through 8).therefore respectfully incorporated herein and made a part hereof. 1 4. This action is the one of two currently pending in this court among the parties. The first was originally commenced in Kings County by co-defendants, Mehran Malekan and Shahram Mobasser (and an entity they now own, 2426 Ocean avenue, LLC), and not by Ebrahim Shokrian, against the plaintiffs for legal malpractice, arising out of errors made by the plaintiffs herein, in drafting a condominium offering plan prepared by defendants for a project sponsored by the LLC located at 2424 Ocean Avenue, Brooklyn, New York. In that action, Ebrahim Shokrian was not a party, nor did he appear. 5. Plaintiffs herein answered the complaint in the malpractice action and, thereafter, the respective parties stipulated to having that action transferred to Nassau Supreme Court. As of the date of this filing, there has been no Judge assigned to this case. 6. It is upon information and belief that this case arises from some sort of retaliation for the commencement of the malpractice action, by co-defendants. Plaintiffs herein, are appearing pro se, commenced the instant action by filing a meritless complaint. The complaint in this action, a copy of which is annexed hereto as Exhibit A, purports to assert six (6) separate causes of action, to wit: (1) Fraud, (2) Injurious Falsehood, (3) Prima Facie Tort, (4) Civil Conspiracy, and (5) Aiding and Abetting Fraud and (6) Defamation, all, exclusively based on allegations contained in the Malpractice Complaint. As demonstrated below, none of the foregoing 6 causes of action are viable claims and all must be dismissed on this motion. 1 In the interest of environmental awareness, I have not attached, nor copied the lengthy Exhibits that were made and attached to co-defendants’ motion to dismiss returnable on the same date. 2 of 3 FILED: NASSAU COUNTY CLERK 12/18/2019 04:06 PM INDEX NO. 616386/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/18/2019 7. For these reasons, which are more fully detailed in the attached memorandum of law, Ebrahim Shokrian respectfully requests that this Court grant its motion and dismiss the Complaint as against Ebrahim Shokrian 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 December 18, 2019 Respectfully submitted, _______________________ MATIN EMOUNA, ESQ. Attorney for Ebrahim Shokrian 100 Garden City Plaza, Suite 520 Garden City, NY 11530 Tel (516) 877-9111 memouna@emiklaw.com To: All Parties by ECF 3 of 3