Vous êtes sur la page 1sur 6

UNITED STATES BANKRUPTCY COURT RETURN DATE: September 13, 2013 EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------x IN THE

MATTER OF: ELENA SVENSON, CASE NO. 1-12-43050-ess Debtor. CHAPTER 7 --------------------------------------------------------x MICHAEL KRICHEVSKY, Plaintiff/Creditor, v. ELENA SVENSON, Adversary Proceeding No. 12-01229-ess Defendant/debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO; INTERNAL REVENUE SERVICE, INC., Defendants/Creditors, VICTORIA EDELSTEIN, DDS; BORIS KOTLYAR, COOPER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDID, personally; JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered), Defendants. ------------------------------------------------------------------x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, Cross-Claimants, v. MICHAEL KRICHEVSKY, Cross-Defendant. -----------------------------------------------------------------x NOTICE OF MOTION TO COMPEL REQUEST FOR ADMISSION AND INTERROGATORIES

COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed supporting affidavit and memorandum of law, Michael Krichevsky moves: For an order pursuant to FRCP 37 compelling Defendant SVENSON and her attorney, Lorna LaMotte to answer the Request for Admission and Interrogatories propounded per FRCP 36(a)(1)(A), and for such other and further relief as to this Court seems just and proper, including

the costs of this motion. The hearing will be held by Bankruptcy Judge Honorable Elizabeth S. Stong of this Court at the Courthouse located at 271 Cadman Plaza East, at Courtroom 3585, Brooklyn, NY 11201, on the 13 day of September, 2013, at 3:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard; and for such other and further relief as to this Court seems just and proper. TAKE FURTHER NOTICE that, pursuant to FRCP, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion.

Dated: Brooklyn, New York August 30, 2013 ______________________________ Michael Krichevsky, Pro Se 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300

LORNA J. LAMOTTE PLLC Attorneys for SVENSON 65 Broadway, Suite 839 New York, New York 10006

UNITED STATES BANKRUPTCY COURT RETURN DATE: September 13, 2013 EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------x IN THE MATTER OF: ELENA SVENSON, CASE NO. 1-12-43050-ess Debtor. CHAPTER 7 --------------------------------------------------------x MICHAEL KRICHEVSKY, Plaintiff/Creditor, v. ELENA SVENSON, Adversary Proceeding No. 12-01229-ess Defendant/debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO; INTERNAL REVENUE SERVICE, INC., Defendants/Creditors, VICTORIA EDELSTEIN, DDS; BORIS KOTLYAR, COOPER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDID, personally; JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered), Defendants. ------------------------------------------------------------------x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, Cross-Claimants, v. MICHAEL KRICHEVSKY, Cross-Defendant. -----------------------------------------------------------------x AFFIDAVIT IN SUPPORT OF MOTION TO COMPEL MICHAEL KRICHEVSKY, Pro Se, being duly sworn, deposes and says: 1. That I am the plaintiff in the within action. 2. I make this affidavit in support of this motion for an order compelling the Defendant SVENSON and her attorney, Lorna LaMotte, to answer the Request for Admission and Interrogatories propounded to SVENSON and Request for Admission to Lorna LaMotte, Exhibit A.

3. The Defendant SVENSON and her attorney, Lorna LaMotte, both interposed objections to requests for admissions and interrogatories. 4. Above-mentioned discovery requests, are relevant to my motion to disqualify Lorna LaMotte, Exhibit B. Additionally, I am working on my motion for sanctions due to bad faith, dilatory litigation and baseless denials of facts in my 1st, 2nd and 3rd amended complaints, which she will be a party. 5. Lorna LaMotte replied by objection to the request for admission addressed personally to her, Exhibit C. Her objection is that even though she is a party to my motion to disqualify her, she is not a party to the action. These discovery requests were served together with the motions to disqualify and for default judgment. Accordingly, this objection is baseless. 6. The information requested is also necessary for the preparation of plaintiff's case for dispositive motions and/or trial and seeks discoverable information per FRCP 36(a)(1)(A). WHEREFORE, it is respectfully requested that this motion be granted in its entirety, and for such other and further relief as to this Court seems just and proper, including the costs of this motion. I, Michael Krichevsky, Pro Se, pursuant to 28 U.S.C. 1746, under penalty of perjury declare that the foregoing is true and correct. Dated: Brooklyn, New York August, 30, 2013 __________________________________ Michael Krichevsky, Pro Se

---------------------------------------------------------x IN THE MATTER OF: ELENA SVENSON, CASE NO. 1-12-43050-ess Debtor. CHAPTER 7 --------------------------------------------------------x MICHAEL KRICHEVSKY, Plaintiff/Creditor, v. ELENA SVENSON, Adversary Proceeding No. 12-01229-ess Defendant/debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO; INTERNAL REVENUE SERVICE, INC., Defendants/Creditors, VICTORIA EDELSTEIN, DDS; BORIS KOTLYAR, COOPER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDID, personally; JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered), Defendants. ------------------------------------------------------------------x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, Cross-Claimants, v. MICHAEL KRICHEVSKY, Cross-Defendant. -----------------------------------------------------------------x CERTIFICATE OF SERVICE I certify that on August 30, 2013 motion to compel was served on defendant SVENSON and Lorna LaMotte ESQ by regular USPS addressed to the following: LORNA J. LAMOTTE PLLC 65 Broadway, Suite 839 New York, New York 10006 ______________________________ Michael Krichevsky, pro se

Lorna LaMotte Lorna J. LaMotte PLLC 65 Broadway, Suite 839 New York, New York 10006