FILED: KINGS COUNTY CLERK 06/26/ :06 PM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/26/2017

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK KINGS COUNTY x Boris Kotlyarsky Plaintiff, VERIFIED COMPLAINT - against Index No. Bella Abrazi a/k/a Bella Abramovich, Mark Abrazi, a/k/a Mark Abramovich, Fania Abrazi a/k/a Fania Abramovich, Richard Abrazi a/k/a Richard Abramovich, BelRich LLC, Enigma Management Corp, and Enigma Diagnostic Corp Defendants x Plaintiff, by Akiva Shapiro, Esq., his attorney, complaining of the Defendants, alleges, upon information and belief: 1. Plaintiff, a natural person, resides in Kings County, New York. 2. Defendant, Bella Abrazi, a/k/a Bella Abramovich, a natural person, resides at 333 E 56th St. Apt 12L, New York, New York, Defendant, Mark Abrazi a/k/a Mark Abramovich, a natural person, resides at 4147 Ocean Avenue, Brooklyn, NY Defendant, Fania Abrazi, a/k/a Fania Abramovich, a natural person, resides at 4147 Ocean Avenue, Brooklyn, NY Defendant, Richard Abrazi a/k/a Richard Abramovich, a natural person, resides at 217 Thompson St #125, New York, NY of 25 1 of 26

2 6. Defendant, BelRich LLC ( BelRich ), a Domestic Limited Liability Company with its DOS Process address registered as 1957 E21st St, Brooklyn, NY was a resident of the State of New York. 7. Defendant, Enigma Management Corp, a domestic Corporation, has its principal place of business at th Ave, Ste 220, Brooklyn, NY Defendant, Enigma Diagnostic Corp, a domestic Corporation, has its principal place of business at 198 Foster Ave, Brooklyn, NY JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction over this action pursuant to Section 140-b of the New York Judiciary Law, which provides that the Supreme Court of New York has general jurisdiction. 10. This Court has personal jurisdiction over defendants pursuant to Section 301 of the CPLR because they are domiciled within of the State of New York. 11. Venue is appropriate pursuant to Section 503(a) of the CPLR, county of Plaintiff s residence. FACTUAL BACKGROUND Procedural History; Plaintiff Obtains Judgments against Mark Abrazi; BelRich LLC, Enigma Management Corp, and Enigma Diagnostic Corp are Formed 12. On or about September 10, 1999, defendant herein, Mark Abrazi, initiated a law suit against plaintiff herein, Boris Kotlyarsky (the Underlying Suit ). 2 of 25 2 of 26

3 13. On or about March 16, 2000, Mark Abrazi formed defendant corporation Enigma Management Corp. 14. Defendant Bella Abrazi testified that she is the fifty percent owner of Enigma Management Corp and her brother, defendant Richard Abrazi, is fifty percent owner. 15. The NPPES NPI Registry for Enigma Management Corp lists Enigma Laboratory as an alternate name and Richard Abrazi as the CEO. 16. On or about May 10, 2001, Mark Abrazi formed defendant corporation Enigma Diagnostic Corp. 17. Defendant Fania Abrazi, Mark Abrazi s wife, is the Chief Executive Officer of Enigma Diagnostic Corp. 18. On or about September 17, 2001, on a first Counterclaim in the Underlying Suit, the court awarded judgment in favor of Boris Kotlyarsky and against Mark Abrazi in the amount of $90, plus interest. 19. On or about December 9, 2002, on a second Counterclaim in the Underlying Suit, a hearing was scheduled, but adjourned. 20. On or about December 11, 2002, Mark Abrazi formed defendant corporation BelRich LLC. 21. BelRich is a composite name formed from Bel and Rich, after Mark Abrazi s two children: Bel after Bella Abrazi, and Rich after defendant Richard Abrazi. 22. On the second counterclaim, on or about December 13, 2002, the previously postponed hearing in the Underlying Suit was held. A decision was ultimately rendered in favor of 3 of 25 3 of 26

4 Boris Kotlyarsky who, on or about April 9, 2003, was awarded judgment against Mark Abrazi in the amount of $292, plus interest. 23. On or about October 11, 2016, Boris Kotlyarsky was awarded a renewal judgment consolidating the two judgments in the amount of $822, plus interest. The Abrazi Family Home The 1957 Property 24. During the years , at the time of the Underlying Case, Mark and Fania Abrazi owned and resided at 1957 E 21st St, Brooklyn, NY (the 1957 Property ). 25. Mark and Fania Abrazi purchased the 1957 Property in By December 2002, the equity in the 1957 Property had swelled to over $436, December 27, 2002, the Abrazi Family Home is Transferred to BelRich 27. On or about December 27, 2002, Mark and Fania Abrazi transferred the 1957 Property to BelRich, which was owned by Bella Abrazi and, per Bella Abrazi, possibly also Richard Abrazi. 28. Bella Abrazi testified that defendant BelRich LLC was the recipient of the deed transfer of the 1957 Property. 29. Bella Abrazi testified that as an officer of BelRich she signed as the buyer on the RP Real Property Transfer Report, dated December 27, 2002, for this transfer. 30. The identical signature appears on the Affidavit of Compliance with Smoke Detector Requirement for One- and Two-Family Dwellings dated December 27, 2002, as Buyer. 31. This transfer was without consideration. 32. Mark and Fania Abrazi continued to live in the house after the transfer. 4 of 25 4 of 26

5 33. It has just recently been discovered that the transfer of the 1957 property to BelRich was made with intent to defraud Boris Kotlyarsky. Bella Abrazi testified that the house was given to her and Richard Abrazi for tax and estate purposes meaning it was for me and my brother, for us to have something from our parents. March 11, 2003, BelRich Contracts to Sell the 1957 Property to a Non-Party while Judgment is Entered against Mark Abrazi Shortly Thereafter 34. On or about March 11, 2003, BelRich contracts with a non-party, non-family member, to sell the 1957 Property outside of the family for $1,130, Bella Abrazi testifies that as an officer of BelRich she signed the residential contract of sale. 36. Less than a month later, as noted in paragraph 22 above, on or about April 9, 2003, judgment is entered on the second counterclaim in favor of Boris Kotlyarsky against Mark Abrazi for the $292,979.25, plus interest. June 2, 2003, the Abrazi Family Home is Transferred A SECOND Time to BelRich 37. Although already owned by BelRich since December 27, 2002, on or about June 2, 2003, the 1957 Property was transferred a SECOND time from Mark and Fania Abrazi to BelRich. 38. Bella Abrazi testified that defendant BelRich LLC was also the recipient of this SECOND deed transfer of the 1957 Property. 39. Bella Abrazi testified that as an officer of BelRich she signed as the buyer on the RP- 5217NYC Real Property Transfer Report dated June 2, 2003, for this SECOND transfer. 5 of 25 5 of 26

6 40. This SECOND transfer was also without consideration. ACTUAL FRAUD AND BADGES OF FRAUD 41. There is actual fraud in the transactions and numerous badges of fraud which lead to the conclusion that Bella Abrazi, Mark Abrazi, Fania Abrazi, and Richard Abrazi, and their companies, BelRich, Enigma Management Corp, and Enigma Diagnostic Corp, willfully cooperated in a scheme to assist judgment debtor, Mark Abrazi, to defraud Boris Kotlyarsky as judgment creditor. It Has Been Just Recently Discovered that Bella Abrazi s Signature was Actually Signed by Two Different people on the Various Transfer Documents. 42. On or about November 27, 2015, Plaintiff noticed that Bella Abrazi s signature from the RP-5217 dated December 27, 2002 was fundamentally different from her signature on other transfer documents, to wit: the RP-5217NYC dated June 2, 2003, the Contract for Sale, dated March 11, 2003, and the HUD-1 Settlement Statement dated June 2, This is not something that someone would normally be expected to discover. 43. But on March 22, 2017, Bella Abrazi, at deposition, when presented with the signatures, testified that the two different signatures were both hers. 44. Bell Abrazi certified her testimony on June 5, Because one or both signatures were signed by someone other than Bella Abrazi, by testifying the differing signatures were hers, Bella Abrazi s testimony proves that she willfully participated in the actual fraud. 6 of 25 6 of 26

7 The First and Second Deed Transfers Show Document Manipulation 46. Compounding the fraud with respect to the differing signatures claimed by Bella Abrazi to be hers, is a comparison of the deeds shows that the deed from the second transfer dated June 2, 2003 from Mark and Fania Abrazi to BelRich is a manipulated version of the first deed transfer between the same parties on December 27, 2002, with some Wite Out applied and some modified information: a. The indenture date is whited out and changed from December 27, 2002 to June 2, b. Mark and Fania Abrazi s names are wited out and they sign a second time. c. The In Presence Of signature, however, remains the same between the two. It appears to be the same as that of the notary in the first deed, Eugene A. Romano. However, a different notary is on the second deed. It is unusual that Eugene A. Romano, a notary, would sign on the second deed but not also be the notary on the second deed. It appears more likely, rather, that Eugene A. Romano was not present at this second deed signing. d. The Acknowledgement county is changed from Kings to New York. e. The original notary stamp is wited out, and the new notary stamp is on top of it. f. The original notary signature is partially wited out, and the new notary signature appears above the new notary stamp. 7 of 25 7 of 26

8 The Timing of the Transfer of the 1957 Property to Bella Abrazi and Richard Abrazi, via BelRich, was Designed to Defraud Boris Kotlyarsky 47. The first transfer of December 27, 2002 was just two weeks after the December 13, 2002 hearing which ultimately led to the judgment of $292, against Mark Abrazi. 48. Mark Abrazi was no doubt concerned about the ramifications of what happened in the hearing. Knowing that it was likely that a large judgment was going to be entered against him, he rushed quickly to transfer the 1957 Property out of his name and to his daughter and son, Bella Abrazi and Richard Abrazi, via BelRich, so they could have something from [their] parents. 49. Moreover, it is rather unusual that the 1957 Property was transferred not once, but twice from Mark and Fania Abrazi to BelRich, first on December 27, 2002 and the second time on June 2, Strange Activity Surrounding the Two June 2, 2003 Deed Transfers 50. Fania Abrazi paid the title company, Superior Abstract, not a representative of BelRich. 51. Mark Abrazi signed the mortgage payoff statement, not a representative of BelRich. Conflicting Testimony as to the Proceeds of the Sale of the 1957 Property 52. Upon the closing of the sale of the 1957 Property on June 2, 2003, after all outlays, a balance $436, was paid to BelRich. 53. Mark Abrazi testified that the $436, of equity was paid back to him and his wife, Fania Abrazi, and that the money was used to prepay $100, for a $3, per month residential property rental for him and his wife, and the rest went to pay off 8 of 25 8 of 26

9 lawyers in New York and Moscow, leaving $15, to $20, to live on. The landlord of the rental property, however, denies receipt of the $100, By stark contrast, however, Bella Abrazi testified that the $436,310.97went to her and her brother, Richard Abrazi. She testified that that the house was given to her and Richard Abrazi for tax and estate purposes meaning it was for me and my brother, for us to have something from our parents. Conflicting Testimony as to the Ownership of BelRich 55. At one point, Mark Abrazi testified that at the time of the transfer of the 1957 Property to BelRich, BelRich was not owned by his daughter, but rather by an attorney with the first name of Jeff or Jeffrey or Joseph and the last name of Tolenbaum. 56. At another point, Mark Abrazi testified that BelRich was owned by Bella Abrazi. 57. The address of incorporation of BelRich was the 1957 Property, however, which was the home at that time of Mark Abrazi, not Bella Abrazi or Richard Abrazi. And it was Mark Abrazi who filed the Articles of Incorporation. 58. Later, Bella Abrazi testified that she was an owner of BelRich, but may not have been the sole owner, it may have been partially owned by her brother Richard Abrazi. The Uncanny Transformation of Bella Abrazi from No Money to Multimillionaire Business and Real Estate Woman while Judgment Debtor Father goes from Wealthy Businessman to Pauper Living in a $5M home 59. Mark Abrazi testified that in 2002 Bella Abrazi had no money. 60. But somehow Bella Abrazi earned nearly $4 million during the period of of 25 9 of 26

10 61. As noted in paragraphs 7 and 8 above, contemporaneously with the on-goings of the Underlying Suit which resulted in the judgments in favor of plaintiff Boris Kotlyarsky, Mark Abrazi formed Enigma Management Corp and Enigma Diagnostics. 62. Bella Abrazi s recent behemoth income comes from Enigma Management Corp. 63. Enigma Management Corp and Enigma Diagnostic Corp were funded by the proceeds of the sale of the 1957 Property. 64. As well, Bella Abrazi is the owner of several pieces of real estate, with significant equity. 65. On or about May 1, 2008, Bella Abrazi purchased 4147 Ocean Avenue, Brooklyn, NY. This property was purchased for $1,500,000.00, comprised of a $1,000, mortgage and $500, cash. 66. Bella Abrazi recently listed the property for sale for $4,925, Mark and Fania Abrazi live at 4147 Ocean Avenue. 68. Bell Abrazi testified that the down payment for the 4147 Ocean Avenue property came from her income at Enigma Management Corp. 69. Bella Abrazi testified that she charges her mother $1, per month for rental of 4147 Ocean Avenue. However, her tax returns from 2013 to 2015 showed no rental income. 70. Since 2008, Mark Abrazi has been living in 4147 Ocean Avenue, a home now worth nearly five-million dollars, at no cost or virtually no cost to him, with no known income or assets, and he has not paid one dollar towards his debt to Boris Kotlyarsky. 71. Bella Abrazi also owns 1625 Emmons Avenue, Brooklyn, NY which is estimated to be worth about $350, of of 26

11 72. Bella Abrazi also owns 9200 Werthimer Rd #1304, Houston Texas, which is estimated to be worth about $167, Given that the testimony of Bella Abrazi is in direct conflict with that of her father s, Mark Abrazi, clearly one or the other or both are hiding something. 74. The fact is that Bella Abrazi rose from no money in 2002 to multi-millionaire just a few years later by way of investment of the $436, from the 1957 Property and the fruits therefrom, either as capital invested in Enigma Management Corp for growth or for the down payment for 4147 Ocean Avenue, or both. 75. That capital formed the basis of one or more secreted investments in the name of Bella Abrazi and Richard Abrazi for the benefit of Mark Abrazi and Fania Abrazi, to intentionally assist Mark Abrazi in evading judgment creditor Boris Kotlyarsky. The Mystery Property in Ulster County 76. Enigma Management Corp is the owner of 615 Linderman Ave, Kingston, NY. The house was purchased for $950, Strangely, Richard Abrazi is a private mortgage holder on the property in the amount of $800, This is a technique commonly used to make a property judgment proof, buy burying a property in a phony mortgage held by a close family member. 79. Stranger still, Bella Abrazi testified that, even though she is the book keeper of Enigma Management Corp and is the one who sends the financial data to the tax accountant, she knows nothing about this property. 11 of of 26

12 Mark Abrazi s Fraudulent Bankruptcy Petition Did Not List Boris Kotlyarsky as Judgment Creditor 80. On or about September 12, 2010, Mark Abrazi filed a Voluntary Petition for Bankruptcy under Chapter 7, case number jbr, in the Eastern District of New York. He claimed liabilities from nine unsecured creditors in the amount of $265, Although Mark Abrazi certified under the penalties of perjury that the information in the Petition was true and correct, he nevertheless intentionally left Boris Kotlyarsky and the judgments off the list of debts. The Foregoing, Taken Together, Have the Cumulative Effect of Making Out a Cause of Action Sounding in Actual Fraud and Fraudulent Transfer with Intent to Defraud 82. The inescapable conclusion is that this combination of actual fraud with respect to one or both signatures in the conveyances of the 1957 Property, manipulated documents, coupled with badges of fraud including directly contradictory testimony, close family relationships, strange timing of events, conflicting testimony, unusualness of the transactions, haste, secrecy, lack of consideration, retention of the property for the benefit of the judgment debtor, and more, has the cumulative effect of making out a cause of action sounding in actual fraud and fraudulent transfer with intent to defraud Boris Kotlyarsky. 12 of of 26

13 FRAUDULENT INTENT MAY BE PROVEN BY ACTUAL FRUAD AND BY BADGES OF FRAUD 83. Direct evidence of fraudulent intent is often elusive. Therefore, courts "will consider 'badges of fraud' which are circumstances that accompany fraudulent transfers so commonly that their presence gives rise to an inference of intent" (MFS/Sun Life Trust- High Yield Series v Van Dusen Airport Servs. Co., 910 F Supp 913, 935). 84. In this connection the actual intent to defraud consists of deception intentionally practiced to frustrate the legal rights of another (see 37 CJS, Fraud, 2, subd b). A prime example of this type of fraud is where a debtor transfers his property to another while retaining the use thereof so as to continue in business free from the claims of creditors. Southern Indus. v. Jeremias, 66 A.D.2d 178; 411 N.Y.S.2d 945; 1978 N.Y. App. Div. LEXIS Among such circumstances are: a close relationship between the parties to the alleged fraudulent transaction; a questionable transfer not in the usual course of business; inadequacy of the consideration; the transferor's knowledge of the creditor's claim and the inability to pay it; and retention of control of the property by the transferor after the conveyance. Wall Street Assocs. v. Brodsky, 257 A.D.2d 526; 684 N.Y.S.2d 244; 1999 N.Y. App. Div. LEXIS Other factors include secrecy, haste, or unusualness of the transaction (In re Sharp Intl. Corp., supra at56, citing HBE Leasing Corp. v Frank, 48F3d623, 639). All County Paving Corp. v Darren Constr., Inc., 2015 N.Y. Misc. LEXIS 2798; 2015 NY Slip Op 51144(U); 48 Misc. 3d 1216(A). 13 of of 26

14 87. The other indicia of a fraudulent transfer included the timing of the transfer--before judgment was entered in the first suit, the debtor's knowledge of the creditor's claims. Matter of CIT Group/Commercial Servs., Inc. v Jamaica Ave. Ltd. Partnership, 25 A.D.3d 301; 808 N.Y.S.2d 187; 2006 N.Y. App. Div. LEXIS 17; 2006 NY Slip Op 2. AS AND FOR THE FIRST CAUSE OF ACTION DECLARATION OF CONTRUCTIVE TITLE VESTED IN MARK ABRAZI AND FANIA ABRAZI BASED ON ALL DEFENDANTS FRAUDULENT TRANSFER WITH INTENT TO DEFRAUD 88. Boris Kotlyarsky repeats all prior paragraphs. Actual Fraud in the Conveyance of the 1957 Property 89. The 1957 Property was conveyed from Mark and Fania Abrazi BelRich, LLC not just once, but on two separate occasions, December 27, 2002 and again on June 2, The 1957 Property was then conveyed on June 2, 2003 to a non-party. 91. Bella Abrazi and Mark and Fania Abrazi participated in both transfers to BelRich. 92. It was just recently discovered that two different people signed Bella Abrazi s name on the transfer documents for the 1957 Property, at least one of which was not Bella Abrazi, and to cover up this actual fraud, Bella Abrazi testified that the signatures were hers. Badge of Fraud: Directly Contradictory Testimony 93. Mark Abrazi testified that the $436, of equity was paid back to him and his wife, Fania Abrazi, while Bella Abrazi testified that the $436,310.97went to her and her brother, Richard Abrazi. 14 of of 26

15 94. Mark Abrazi testified that at the time of the transfer of the 1957 Property to BelRich, BelRich was not owned by his daughter, but rather by an attorney with the first name of Jeff or Jeffrey or Joseph and the last name of Tolenbaum. 95. At another point, Mark Abrazi testified that BelRich was owned by Bella Abrazi. 96. Later, Bella Abrazi testified that she was an owner of BelRich, but may not have been the sole owner, it may have been partially owned by her brother Richard Abrazi. Badge of Fraud: Lack or Inadequacy of Consideration 97. Both transfers from Mark and Fania Abrazi to BelRich were for no consideration. 98. Bella Abrazi testified that that the house was given to her and Richard Abrazi for tax and estate purposes meaning it was for me and my brother, for us to have something from our parents. Badge of Fraud: Family, Friendship or Close Associate Relationship Between the Parties 99. The transfers from Mark and Fania Abrazi were to BelRich BelRich was formed by Mark Abrazi Bella Abrazi testified that BelRich was owned by her and possibly her brother, Richard Abrazi, at the time of the sale of the 1957 Property Enigma Management Corp s CEO is Richard Abrazi 103. Enigma Diagnostic Corp s Chief Executive Officer is Fania Abrazi. 15 of of 26

16 104. Both Enigma Management Corp and Enigma Diagnostic Corp were formed by Mark Abrazi contemporaneously with the Underlying Suit which resulted in the judgments against him Enigma Management Corp has provided millions of dollars of income to Bella Abrazi in recent years and Bella Abrazi testified that some of this income was used to fund the purchase of the present home of Mark and Fania Abrazi, worth close to five-million dollars, with Bella Abrazi on the title Enigma Management Corp is the owner of 615 Linderman Ave, Kingston, NY. The house was purchased for $950,000 with Richard Abrazi holding a phony private mortgage on the property in the amount of $800,000. Badge of Fraud: Retention of Possession, Benefit, or Use of the Property in Question 107. The 1957 Property was first transferred to BelRich, LLC on December 27, However, Mark and Fania Abrazi retained possession, benefit and use of the property until June 2, Badge of Fraud: Financial Condition of the Party Sought to be Charged both Before and After the Transaction in Question 109. Before the Transfer, Mark and Fania Abrazi s equity in the 1957 Property was $436,310.97, and Mark Abrazi owed nearly $400,000 to Boris Kotlyarsky. After the transfer of the 1957 Property to BelRich for no consideration, Mark Abrazi still owed nearly $400,000 to Boris Kotlyarsky, but he testified he was left with only $10,000 to $15, of of 26

17 110. By contrast, his daughter, Bell Abrazi, who had no money in 2002, a few years later reported millions of dollars of income and property worth millions more, including a nearly five-million dollar house Mark and Fania Abrazi have resided in rent free, or nearly so, since Badges: Timing of the Transfer, Haste 111. On December 9, 2002, a hearing was scheduled on Boris Kotlyarsky s counterclaims in the Underlying Case. That hearing was adjourned until December 13, Just three days later, on December 12, 2002, the day before the adjourned hearing, Mark Abrazi formed BelRich The following day, on December 13, 2002, the hearing was held, and ultimately decided in favor of Boris Kotlyarsky and against Mark Abrazi in the amount of $292, At that time, Boris Kotlyarsky already was already in possession of a judgment against Mark Abrazi for $90, Two weeks later, on December 27, 2002, the deed transfer paperwork was finished, and Mark and Fania Abrazi transferred the 1957 Property to BelRich. Badge of Fraud: Secrecy 116. The December 27, 2002 transfer was a secret, unknown to Plaintiff at that time To keep it secret, the December 27, 2002 transfer of the 1957 Property from Mark and Fania Abrazi to BelRich was not filed with the City of New York until August 18, 17 of of 26

18 2003, well after June 2, 2003, the date the property was transferred out of the family to the non-party As well, Mark Abrazi kept his fraudulent Federal Bankruptcy proceedings secret form Boris Kotlyarsky by intentionally failing to list Boris Kotlyarsky as judgment creditor on his Chapter 7 Petition. Badge of Fraud: Judgment Debtor's Knowledge of Petitioner's Claims and His Inability to Pay Them 119. Mark Abrazi, who had initiated the suit against Boris Kotlyarsky, then, on counterclaim, having a judgment already against him and facing another likely judgment, was fully aware of the claims, and was a full participant in the suit therein. Badge of Fraud: A Questionable Transfer not in the Usual Course of Business 120. It is a questionable transfer not in the usual course of business for a couple to dispose of their property by first transferring it to a shell company, formed by one of the couple, owned by the couple s child or children, for no consideration, not just once, but twice, and then to have it transferred out of the family on the same day as the second transfer. Badge of Fraud: Unusualness of the Transactions 121. It is usual transaction for a relatively young person to form a company in haste, transfer his only remaining major asset to this new company in secrecy and in haste for no consideration, leaving him insolvent, then to remain living on the property, until the 18 of of 26

19 property is subsequently sold a second time by him, and then giving all his remaining money, nearly a half a million dollars, to his daughter Though Mark Abrazi testified that BelRich was owned by his daughter, Bella Abrazi, at the time of the sale of the 1957 Property, there is no documentary evidence demonstrating that the firm BelRich was transferred away from Mark Abrazi after he formed it. What s more, there is no documentary evidence that either of the Enigma companies, also formed by Mark Abrazi, were legally transferred away from him after he formed them. As such, he could secretly still be the owner of all three While Bella Abrazi testified that BelRich was owned by her (and possibly her brother, Richard Abrazi) at the time of the sale of the 1957 Property, BelRich s address of registration, nevertheless, was Mark and Fania Abrazi s home, not Bella Abrazi s Moreover, there is no explanation as to what, if any, Tolenbaum s involvement is or why Mark Abrazi testified that BelRich was owned by Tolenbaum. A search for an attorney named Tolenbaum, with first initial J, on the E-Courts system yields zero results. Badge of Fraud: The Rise of Bella Abrazi from No Money to Multi-Millionaire 125. In 2002, Mark Abrazi testified that Bella Abrazi had no money Bell Abrazi testified that that the house was given to her and Richard Abrazi for tax and estate purposes meaning it was for me and my brother, for us to have something from our parents. 19 of of 26

20 127. Clearly, Bella leveraged the money so successfully that she earned nearly $4 million of income during the period of The proceeds of the sale of Mark Abrazi s 1957 Property by all reasonable accounts appears to have provided the startup capital for Enigma Management Corp and/or Enigma Diagnostic Corp, the source of Bella s behemoth income. The down payment for 4147 Ocean Avenue, a nearly five million-dollar residential estate where Mark and Fania Abrazi presently live, rent free, or nearly so, seems to have been funded by the proceeds of the sale of the 1957 Property, or the fruits therefrom, from one or both Enigma companies. Badge of Fraud: Existence or Cumulative Effect of a Pattern or Series of Transactions or Course of Conduct after the Incurring of debt, Onset of Financial Difficulties or Pendency or Threat of Suits by Creditors 129. The series of transactions that transpired was after the incurring of a debt The series of transactions that transpired was after the onset of financial difficulties The series of transactions that transpired was during the pendency of a suit There exists a cumulative effect drawing to the inescapable conclusion that this series of transactions was the product of close family members Bella Abrazi, Mark Abrazi, Fania Abrazi and Richard Abrazi, and their companies, BelRich, Enigma Management Corp, and Enigma Diagnostic Corp, working together in the performance of acts of actual fraud and deception intentionally practiced to frustrate the legal rights of Boris Kotlyarsky. 20 of of 26

21 133. The Defendants transferred the judgment debtor s only remaining asset in his name, the 1957 Property, outside of the family, in haste, in secrecy, while retaining the equity of the 1957 Property within the family in BelRich, the Enigma corporations and 4147 Ocean Avenue for the benefit of Mark Abrazi. Plaintiff is Entitled to a Declaration that Ownership of the Shares to the Defendant Companies and Title to both 4147 Ocean Ave, Brooklyn, NY and title to 615 Linderman Ave, Kingston, NY be Vested in Mark Abrazi and Fania Abrazi In that There is No Full and Adequate Remedy at Law 134. Due to the actual fraudulent conveyance actions of the Defendants, Plaintiff has endured over fifteen years of litigation and his money judgments remain, to this day, unsatisfied, despite the judgment debtor possessing great wealth, hidden away by his family Should the Court rely on a money judgment only, there is no doubt that Defendants will seek to once again liquidate their assets and secret away their money, only to be chased for perhaps another fifteen years by Plaintiff. For instance, after conducting the deposition of Bella Abrazi on March 22, 2017, during which the fraudulent activity of Bella Abrazi and the other defendants was unmistakably confirmed, Defendants put the 4147 Ocean Avenue Property up for sale in a brazen effort once again to cash out before judgment can be rendered. For this reason, practically, no full and adequate remedy can be had at law Mark and Fania Abrazi s $436, proceeds from the 1957 Property was used to fund BelRich, LLC, Enigma Management Corp and possibly also Enigma Diagnostic 21 of of 26

22 Corp (the Defendant Companies ). Enigma Management Corp ownership profits were then used to purchase 4147 Ocean Avenue, Brooklyn, NY Plaintiff is entitled to a declaration that ownership of the shares of BelRich, LLC, Enigma Management Corp, and Enigma Diagnostic Corp, funded with Mark and Fania Abrazi s $436, proceeds from the 1957 Property, along with title to 4147 Ocean Avenue, Brooklyn, NY, purchased with the ownership profits from one or more Defendant Companies or with Mark and Fania Abrazi s $436, proceeds from the 1957 Property and title to 615 Linderman Ave, Kingston, NY, purchased with the ownership profits from one or more Defendant Companies be constructively vested in Mark Abrazi and Fania Abrazi Alternatively, Mark and Fania Abrazi s $436, proceeds from the 1957 Property was used purchase 4147 Ocean Avenue, Brooklyn Plaintiff is entitled to a declaration that title to 4147 Ocean Avenue, Brooklyn, NY, purchased with Mark and Fania Abrazi s $436, proceeds from the 1957 Property, be vested in Mark Abrazi and Fania Abrazi. AS AND FOR THE SECOND CAUSE OF ACTION DECLARATION OF A CONTRUCTIVE TRUST IN FAVOR OF JUDGMENT CREDTIOR, BORIS KOTLYARSKY, OF THE SAID ASSETS VESTED IN MARK ABRAZI AND FANIA ABRAZI 140. Boris Kotlyarsky repeats all prior paragraphs Plaintiff is entitled to a declaration of a Constructive Trust for the benefit of Plaintiff, Boris Kotlyarsky, of all assets the Court has constructively vested ownership and title to 22 of of 26

23 in Mark and Fania Abrazi in the First Cause of Action, up to the extent that they satisfy a portion or all of Mark Abrazi s debt to Boris Kotlyarsky. AS AND FOR THE THIRD CAUSE OF ACTION AWARD OF A DEFICIENCY MONEY JUDGMENT 142. Due to the actual fraud and fraudulent conveyance actions of the Defendants, Plaintiff has endured over fifteen years of litigation and his money judgments remain, to this day, unsatisfied, despite the judgment debtor possessing great wealth, hidden away by his family Boris Kotlyarsky is entitled to a deficiency judgment against all Defendants in the amount of up to $822,133.24, to the extent that the assets the Court has placed in the Constructive Trust are insufficient to satisfy the full amount 144. Plaintiff is entitled to interest on the full amount of $822, from October 11, 2016, against all Defendants, jointly and severally Plaintiff is entitled to punitive damages in the amount of $3,000, against all Defendants, jointly and severally. NO PRIOR APPLICATION 146. No previous application has been made for the relief sought herein to this court or any other of competent jurisdiction. WHEREFORE, Plaintiff demands: 23 of of 26

24 1. ON THE FIRST CAUSE OF ACTION, A. a declaration that ownership of the shares of BelRich, LLC, Enigma Management Corp, and Enigma Diagnostic Corp, along with title to both 4147 Ocean Avenue, Brooklyn, NY and to 615 Linderman Ave, Kingston, NY be constructively vested in Mark Abrazi and Fania Abrazi. B. alternatively, a declaration that title to 4147 Ocean Avenue, Brooklyn, NY be constructively vested in Mark Abrazi and Fania Abrazi. 2. ON THE SECOND CAUSE OF ACTION, the declaration of a Constructive Trust for the benefit of Plaintiff, Boris Kotlyarsky, of all assets the Court has constructively vested ownership and title to in Mark and Fania Abrazi in the First Cause of Action, up to the extent that they satisfy a portion or all of Mark Abrazi s debt to Boris Kotlyarsky. 3. ON THE THIRD CAUSE OF ACTION, a money judgment against defendants Bella Abrazi, Mark Abrazi, Fania Abrazi, Richard Abrazi, BelRich LLC, Enigma Management Corp, and Enigma Diagnostic Corp, jointly and severally: A. in the amount of up to $822,133.24, to the extent that the assets the Court has placed in the Constructive Trust in the Second Cause of Action are insufficient to satisfy the full amount owing to Plaintiff; plus B. interest on the full amount of $822, from October 11, 2016; plus C. punitive damages in the amount of $3,000,000.00; plus D. reasonable attorney s fees; plus E. costs and disbursements of this action; and 4. such other and additional relief as this Court may deem just and proper. 24 of of 26

25 Dated: Nassau, New York June 26, 2017 Akiva Shapiro, Esq. Akiva Shapiro Law, PLLC Attorney for Plaintiff 696 Old Bethpage Road #540 Old Betihpage, NY Phone: (347) Fax: (347) of of 26

26 VERIFICATION STATE OF NEW YORK. COUNTY OF NEW YORK ss: I, Boris Kotlyarsky, Plaintiff in the action, have read the foregoing document and know the contents thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon Information and belief directly or in context, and as to those matters I believe them to be true. Boris Kotlyarsky Affirmed to before me this _day of June, 2017 Notary Public Commission Expires: {Affix Notary Stamp or Seal). "NO. 02SH "- ^ qualified in queens COUNTY i COMM. EXP '. * C 26 of 26