FILED: NEW YORK COUNTY CLERK 01/03/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/03/2017

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1 FILED NEW YORK COUNTY CLERK 01/03/ PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF 01/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PH-105 Realty Corp, 12 Whitwell Realty Corp., 181 Edgewater LLC, Farhoud Jaber Plaintiffs, v. Munzer Elayaan, PH-Fulton Corp., John and Jane Does 1-20, XYZ Corporation/LLCs Defendants. Index No /2016 Amended Summons To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the State of New York, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated New York, NY December 14, 2016 s/ Aymen A. Aboushi Aymen A. Aboushi, Esq. The Aboushi Law Firm, PLLC 1441 Broadway, 5th Floor New York, NY Tel Fax Aymen@Aboushi.com 1 1 of 12

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PH-105 Realty Corp., 12 Whitwell Realty Corp., 181 Edgewater LLC., Farhoud Jaber Plaintiffs, v. Munzer Elayaan, PH-Fulton Corp., John and Jane Does 1-20, XYZ Corporation/LLCs Defendants. Index No /2016 Amended Verified Complaint Introduction This case is about the Defendants attempts to steal real property owned by the Plaintiffs through a series of fraudulent transfers, sham notaries, and falsification of documents. The Plaintiffs come now before this Court to seek justice against Defendants unlawful actions. Parties 1. Plaintiff PH-105 Realty Corporation is a New York Corporation duly authorized to transact business in this State. The corporation owns real property in New York County. The real property is subject to the instant litigation. 2. Plaintiff 12 Whitwell Realty Corp is a New York Company duly authorized to transact business in this State. 3. Plaintiff 181 Edgewater LLC is a New York Limited Liability Company duly authorized to transact business in this State. 4. Plaintiff Farhoud Jaber is an individual residing in New York City. 2 2 of 12

3 5. Defendant PH-Fulton Corp. is a New York Corporation that operates in New York County. 6. Munzer Elayaan is an individual residing in Kings County, New York, upon information and belief. 7. John and Jane Doe 1-20 are individuals and professionals whose identities and involvement are not yet fully ascertained at this time, but assisted, aided, and abetted the Defendants tortuous conduct as more fully described herein. 8. XYZ Corporations/LLCs are companies whose identities and involvement are not yet fully ascertained at this time, but assisted, aided, and abetted the tortuous conduct as more fully described herein. Facts 9. On October 21, 2016, PH-105 Realty Corp. ( PH 105 ) purchased a penthouse condominium in New York County, located at 111 Fulton Street, Penthouse 105, New York, NY, The penthouse is worth nearly two million dollars. 11. Farhoud Jaber ( Jaber ) is the sole president of PH 105, and is the only person designated to act on its behalf. 12. On May 31, 2016, without any express or implied authority of Jaber, or any consideration to PH 105, Defendant Munzer Elayaan unlawfully transferred the penthouse worth nearly two million dollars to PH-Fulton Corp., ( PH Fulton ) a company he and his aiders and abettors created simply for the fraudulent transfer. 3 3 of 12

4 13. Defendant Munzer Elayaan signed the documents to effectuate the fraudulent transfer, purportedly acting as an authorized signatory for both PH 105 and PH Fulton. 14. Defendant Munzer Elayaan had no permission or authority to execute the documents effectuating the transfer of PH 105 s asset. Defendant Munzer Elayaan signed the transfer documents on behalf of both PH 105 and PH Fulton. 15. Furthermore, Defendant Munzer Elayaan s fraudulent and unlawful actions as explained throughout were aided and abetted by unlawful, false, and fraudulent notaries and assistance from other professionals. 16. These other persons advised, aided, and assisted with the preparation of the fraudulent documents filed by the Defendants in an effort to steal the real property owned by the Plaintiffs. 17. These documents included the formation of sham companies, drafting and filing false and fraudulent documents with County Clerks and the IRS, as well as drafting false powers of attorneys that purported to convey authority on behalf of Plaintiffs, when no such authority was provided. 18. PH Fulton Corp. unlawfully received the property of PH 105 as a result of the unlawful transaction. 19. PH Fulton must be forced to disgorge the unlawfully obtained asset Whitwell Realty Corp. ( Whitwell ) is the owner of a real property, located at 12 Whitwell Place, Richmond County, New York. 21. On January 30, 2012, Whitwell purchased the real property. 4 4 of 12

5 22. Whitwell purchased the home outright, using its own funds. 23. Whitwell did not obtain or secure financing, and nor did it authorize any financing in connection with the purchase of the home. 24. On or about February 25, 2016, more than four years after the purchase of the home, Defendant Munzer Elayaan unlawfully placed a mortgage and lien on the property owned by Whitwell in the amount of $1,200, in his favor. 25. Whitwell did not borrow any funds to purchase the home and owned the property free and clear. 26. In a nefarious attempt to unlawfully encumber, and convert the home, the Defendant Elayaan unilaterally and without any justification, authority, permission, or right, placed a mortgage upon the home. 27. Defendant Elayaan placed the mortgage on the home apparently in an attempt to claim a mortgage on the home and then to foreclose on the home, thereby stealing the home from its rightful owner, Whitwell. 28. Defendant Elayaan s actions have unlawfully encumbered the home in an effort to steal it from Whitwell. 29. What is more, this unlawful activity was completed through the assistance of other individuals who prepared and filed documents purporting to act no behalf of Whitwell, despite having no authority to do so. 30. These documents, as well as others, such as, affidavits, powers of attorney, and documents filed with the County Clerk to record the fraudulent mortgage, were 5 5 of 12

6 knowingly fraudulent, and created for and at the direction of the Defendant Elayaan. 31. Plaintiff Jaber is the managing member and 75% owner of 181 Edgewater LLC ( Edgewater ). 32. Edgewater has as an asset a waterfront property worth in excess of three million dollars ($3,000,000). The address of the property is 181 Edgewater Street, Richmond County, NY. 33. Defendant Elayaan unlawfully removed Jaber as the managing member of Edgewater. 34. Defendant Elayaan also converted Jaber s 75% ownership of Edgewater, thereby depriving him of the right to manage Edgewater, and its asset, 181 Edgewater Street. 35. Defendant Elayaan accomplished this theft and conversion by filing fraudulent documents unilaterally removing Jaber as the managing member. 36. Defendant Elayaan further fraudulently represented that Jaber was no longer 75% owner of Edgewater. 37. In fact, Jaber has never executed or authorized anyone to execute any document that would remove him as a managing member. 38. Similarly, Jaber has never executed or authorized anyone to execute any document that would remove his 75% ownership of Edgewater. Count I. Fraud 39. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 6 6 of 12

7 40. The Defendants committed fraud by knowingly creating and filing fraudulent documents, including transfer documents, powers of attorney, and mortgage documents, so that they can unlawfully remove Plaintiffs ownership. 41. Defendants fraud included, but is not limited to, placing a fraudulent mortgage on the property of 12 Whitwell, unlawfully filing fraudulent documents to effectuate the transfer of the asset of PH 105 to PH Fulton, and filing documents that unilaterally and without any legal justification removed Jaber s ownership of Edgewater. 42. The Defendants conduct had the effect of unlawfully depriving the Plaintiffs of their properties, including, but not limited to, ownership of a penthouse located at 111 Fulton Street, New York, NY, ownership of 181 Edgewater, LLC, and free and clear title to 12 Whitwell Street. 43. The Plaintiffs have been defrauded out of their rightful title and ownership of 111 Fulton Street, Penthouse 105, New York, NY, 10038, 12 Whitwell Place, Staten Island, NY and 181 Edgewater Street, Staten Island, NY Defendants therefore cannot transfer title or ownership of these properties as they rightfully belong to the Plaintiffs. Count II. Unjust enrichment 44. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 45. The Defendants conduct as described herein deprived the Plaintiffs of rightful ownership to their property without proper and just compensation. 7 7 of 12

8 46. The Defendants have been unlawfully enriched as a result of their unlawful activity. 47. Indeed, through their unlawful activity, the Defendants were able to obtain right and title to a penthouse in New York City, full ownership of Edgewater along with its multimillion dollar asset, as well as a mortgage due to them despite never loaning any money. 48. The Defendants were unjustly enriched in that they obtained property and other benefits without just compensation, right, or legal methods Fulton Street, Penthouse 105, New York, NY, 10038, 12 Whitwell Place, Staten Island, NY and 181 Edgewater Street, Staten Island, NY rightfully belong to the Plaintiffs. Defendants therefore cannot transfer title or ownership of these properties that they unjustly enriched themselves to as they rightfully belong to the Plaintiffs. Count III. Misrepresentation 50. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 51. Defendants engaged in various misrepresentations as a part of their scheme to obtain Plaintiffs properties. 52. These misrepresentations include filing false mortgage documents with the County Clerk, creating documents which unilaterally removed the Plaintiffs from ownership and management of Edgewater, and fraudulently conveying the assets of PH of 12

9 53. These misrepresentations caused the Defendants to deprive the Plaintiffs lawful right to their property as well as a right to manage Edgewater. 54. The Defendants misrepresentations have been caused the rightful owners of 111 Fulton Street, Penthouse 105, New York, NY, 10038, 12 Whitwell Place, Staten Island, NY and 181 Edgewater Street, Staten Island, NY to be deprived of title and ownership. Defendants therefore cannot transfer title or ownership of these properties as a result of Defendants misrepresentations as they rightfully belong to the Plaintiffs. Count IV. Declaratory Judgment 55. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 56. As a result of the Defendants unlawful activity, there remains a justiciable dispute as to the true owner and manager of Edgewater, whether there is a valid mortgage on Whitwell, and the true owner of 111 Fulton Street, Penthouse 105, New York, NY. 57. The Defendants calculated actions have clouded title to the Plaintiffs property. 58. The Plaintiffs require that the Court declare that there is no valid mortgage on Whitwell, that PH 105 is the true owner of the penthouse located at 111 Fulton Street, and that Jaber is 75% owner of Edgewater and the managing member. 59. The Plaintiffs request that the Court declare that they are the rightful owners and title holders of 111 Fulton Street, Penthouse 105, New York, NY, 10038, 12 Whitwell Place, Staten Island, NY and 181 Edgewater Street, Staten Island, NY of 12

10 Count V. Conversion 60. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 61. As a result of the Defendants conduct as described herein, the Defendants have converted the property of the Plaintiffs by unlawfully taking ownership of it, depriving the Plaintiffs use of their property, and impugning the clear title to the property. 62. Defendants actions unlawfully converted Plaintiffs property, right to ownership, use, as well as management of Edgewater. 63. Defendants have unlawfully converted title and ownership of 111 Fulton Street, Penthouse 105, New York, NY, 10038, 12 Whitwell Place, Staten Island, NY and 181 Edgewater Street, Staten Island, NY Count VI. Prima Facia Tort 64. Plaintiffs repeat and re-allege each and every paragraph as if alleged herein. 65. Defendants engaged in a series of fraudulent, unauthorized, and unlawful transactions that deprived the Plaintiffs of the lawful right to their property. 66. Defendants actions had no legitimate basis in law or fact. 67. Defendants sole motivations were to harm the economic and other interest of the Plaintiffs. Wherefore, the Plaintiffs respectfully ask the Court for all available relief that is just and proper, including, but not limited to, A. Judgement against Defendants on Plaintiff s causes of action; B. Punitive Damages; of 12

11 C. Compensatory Damages; D. Attorneys fees and costs; E. Set aside the fraudulent conveyances of the Defendants; F. Restore the Plaintiffs to the position they were in before the Defendants engaged in the above-described tortious conduct; and G. Any other relief the Court finds just and proper. Dated December 14, 2016 Respectfully submitted, s/aymen A. Aboushi, Esq. Aymen A. Aboushi The Aboushi Law Firm PLLC 1441 Broadway, suite 5036 New York, NY Tel (212) Fax (212) of 12

12 Verification I, Aymen A. Aboushi, am the attorney for the Plaintiffs in this matter and state that the contents of the Complaint are true to the best of my knowledge, and upon information and belief and consultation with the Plaintiffs and their representatives, and that if any statement is willfully false, I am subject to punishment. Dated December 14, 2016 Respectfully submitted, s/aymen A. Aboushi, Esq. Aymen A. Aboushi The Aboushi Law Firm PLLC of 12

FILED: NEW YORK COUNTY CLERK 11/26/ :25 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/26/2016

FILED: NEW YORK COUNTY CLERK 11/26/ :25 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/26/2016 FILED NEW YORK COUNTY CLERK 11/26/2016 0425 PM INDEX NO. 656160/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 11/26/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PH-105 Realty Corp, 12 Whitwell