FILED: KINGS COUNTY CLERK 05/11/ :09 PM INDEX NO /2015 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 05/11/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X IRINA BRONSTEIN, Index No.: /2015 -against- Plaintiff, NOTICE OF APPEAL CHARM CITY HOUSING, LLC AND AMOS WEINBERG, Defendant x PLEASE TAKE NOTICE that the Plaintiff, IRINA BRONSTEIN, hereby appeals to the Appellate Division of the Supreme Court, Second Department, from the Order by the Honorable Lawrence Knipel, Justice of the Supreme Court of the State of New York, County of Kings, dated April 27, 2018 and entered in the office of the Clerk of said Court on April 30, 2018, and from each and every part thereof. Dated: Brooklyn, New York May 11, 2018 Maksim I i, Esq. THE LEYVI LAW GROUP, P.C. Attorneys for Plaintiff-Appellant 1022 Avenue P Brooklyn, New York (718) (718) TO: THOMAS TORTO, ESQ. Attorneys for Defendants 419 Park Avenue South, Suite 406 New York, New York of 8

2 payreme bri of tate itp at ytern york Appdlate ]Bifrisian : #«snh 3nhidal Pepartment Form A - Request for Appellate Division Intervention See of the rules at this court for directions on the use of this form (22 NYCRR 670.G - Civil Irina Bronstein, Plaintiff,.Dafe oetenotice01appealfiled Charm City Housing, LLC and Amos Weinberg, Defendant O CPLR article 78 Proceeding e. UI trarisferred Pr6ùeed ng 0 Civil Action G Special Proceeding Other l2t Appeal til CPLR 5704 Review CPLR article 75 Arbitration Li Habeas Corpus Proceeding Q Griginal Proceed ng O 1 Freedom of Information Law O 1 Adoption O 1 IDisciplirie Q 1 Assault, Battsfy, False O 2 Human Rights O 2 Attorney's Feeá O 2 Jäil Tithe.Caltulatiori In1prlsonment El 3 Licenses O 3 ChMren Sqpport - CI3 Phrefe Q 2 Conversion O 4 Public Employment O 4 Ch ren - Custody/Visitation O 4 Other Q' fl3 Defernation O 5 Social Services O 5 Children - Tertninste Petent L'I4 Fraud O 6 Other al Rights... O 5 Intentional Infliction of O 6. Children - Abuse/Negiect O 1 Condemnation Emotional lkistress Fortn A - RADI - Civil O 7 Chil.drere~ JlD/PiNS O 2 Determine Title O 6 Interference with Contract O 1 Partnership/Joint Venture B 8 Equitable leistribution O3 Easements O 7 NYalicious Prosecution B 2 Business G 9 Exclusive Occupancy of O 4 Environmartral Abuse of Process G 3 Religious. Residence O 5 Lians O s lealpractice Q 4 Not-for Profit a 10 Expert's Fees O 6 fi/lertgages O 9 Nedigence sl 5 Other O 11 M.aintenance/Alirpony O 7 P4rtition..Q 10. Ndisance O 12 Marital Status O 8 Rent O 11 Products Liability O 13 Paternity 09 Taxation O 12 Skict Liability G 1.Brokerage O 14 Spousal Support O 10 Zoning O 13 Irespass.and/or Waste O 2 Cornmercial Paper Q 15 ether O 11 0thet G 14 Other Q 3 O 4 Constructiori Employment O 5 Insurance Q 1 Constructive Trusf O 1 City of lidoeinfvernon O 1 Accounting O 8 Real Property Q 2!Debtor & Creditor Charter 120, 1274, or O 2 Discovery Q 7 Sales D 3 SeclaratMy Judgment 129 O 3 Probate/Administra'tion O 8 Secured O 4 Election Law O.2 Eminent Domairi Proced. D.4 Trusts 0 9 Other O 6 Notice of Claim uro Law 207 O 5 Other Q 6 ether O 3 Seneral Municipal Law U 4 Labor.Lavv O5 Public Service Law 128 O 8 or 170 Other Dick i3ailey Service, irtc. ~ Appellate Services ~ of 8 -against-...-

3 Paper Appealed From (check one only): Amended Decree 0 Determination 0 order 0 Resettled Order O Amended Judgment 0 Finding 0 order 8 Judgment 0 Rufing O Amended Order 0 Interlocutory Decree O Partial Decree 0 ether (specify): 12)Decision O Interlocutory Judgment 0 Resettled Decree Decree 0 Judgment 0 Resettled Judgment York,' Court: Supreme Court of the State of New York County: Kings Dated: April 27, 2018, Entered: April 30, 2018 s i'" = ';i:*(,"-','.;-':::; '-",- ' Judge (name in ful0: Lawrence Knipel pide N ' $15432/2 5 li'!si'll ' ": '.;-:,;: " :',;...,';., Stage: O Interlocutory 3 Final O Post-Final Trial 0 Yes 8 No f Yes: O Jury 0 Non-Jury r s Are any unperfected appeals pending in this case? 3 Yes 8 No. If yes, do you intend to perfect the appeal or appeals covered by the annexed notice of appeal with the prior appeals? U Yes 0 No. Set forth the Appellate Division Cause Number(s) of any prior, pending, unperfected appeals: I Commenced by: U Order to Show Cause 2 Notice of Petition 6 Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Court: County: Judge (name in full): Order of Transfer Date: Court: Judge (name in full): County: I Dated: Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court. or ei' transferred pursuant to CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Defendants' The Plaintiff appeals from the Order dated April 27, 2018 that granted motion to strike Plaintiffs Complaint for failure to respond to Defendants' discovery demands and dismissed the action in its entirety. Amount: If an appeal is from a money judgment, specify the amount awarded. issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review. Whether Defendants demonstrated entitlement to the drastic remedy of the striking of Plaintiffs Complaint? The answer should be answered in the negative. Whether Defendants demonstrated compliance with Uniform Rule inthat they made a good faith effort to resolve the discovery dispute in issue? The answer should be answered in the negative. Dick Bailey Service, Iric. Inc. I j Appellate Appel(ate 3 of 8 Services I(

4 issues Continued: Fill in the name of each party to the action or proceeding, one É umples of q party's original status include plaintiff, defendant, name.per line. If this form is to be filed for an appeal, indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, thir4party I party in the court of original instance and his, her. or its status in this court, if defendant. and intervenor. Examples of a party's Appellpts Division status ' any. If this form is to be filed for a proceedingcommenced in this court, lill in include: appellant, respondent, em!!anteemnhat, ;:±nt:;;:5nt. only the party's name and his, her. or its status in this court. petitioner, and intervenor. No. Party Name Original Status Appellate Division Status 1 Irina Bronstein Plaintiff Appellant 2 Charm City Housing, LLC Defendant Respondent 3 Amos Weinberg Defendant Respondent Dick Bailey Service, Inc. )I Appellate Services () of 8

5 forth FILED: KINGS COUNTY CLERK 05/11/ :09 PM INDEX NO /2015 Instructions: Fill In the names of the attorneys or firms of attorneys for the provided. respectiveparties. If1his form is to be filed with the notice of petition or order In the event that.aa litigant represents herself or himself, the box to show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for that. Appellate Division, only the name of the attorney for the petitioner need be litigart must be suppliedin the spacesprovided, Attomey/Firm Name: The LeyviLaw Group, P.C. Address: 1022 Avenue P City:Brooklyn State: NY Zip: Telephone No.: Attorney Type: a Retained 0 Assigned 0 Govemment O Pro Se 0 Pro Hac Vice C).' Party or Parties Represented (set forth party numberts] from table aboveor from Form C) 1 Attomey/Firm Name: Thomas Torto, Esq. Address: 419 Park Avenue South, Suite 406 city: New York State: NY zip' Telephone No. 2È Attorney Type: 3 Retained 0 Assigned 0 Government 0 Pro Se 0 Pro Hac Vice Ol' Party or Parties Represented iset forth party nurnberis] from table above or from FormC): 2 3 Attorney/Firm Name: Address: City: ~IL7 ~ State: V\IIIO ~ Zip: c lp Telephone I 'III%iFI~~'III ~II I%II No.: Attorney Type: 0 Retained 0 Assigned 0 Government 0 Pro Se O Pro Hac Vice ~ t Party or Parties Represented (set forthparty numbera from table above or from FormC) Attorney/Firm Name: Address: City: State: Zip: Telephone No.: Attorney Type: 0 Retained 0 Assigned 0 Government 0 Pre So 0 Pro Hac Vice Party' Party BI' or Parties Represented {set forth party number[st frorn table above.or from FormC): Attorney/Firm Name: Address: City: State: Zip i Telephone No.: Attemey Type: 0 Retained 0 Assigned 0 Government 0 Pro Se 0 Pro Hec Vice Party ol' or Parties Represented (set forth party numberm from table above at from FormCT Attorney/Firm Name: Address: City: State: Zip: Tglephone No.: Attomey Type: 0 Retained 0 Assigned 0 Government 0 Pro So 0 Pro Hec Vice el' Party or Parties Bepresented (setforth party nurnberial from table above or from FormC): Dick Bailey Baiiey Service, inc. inc, /( Appellate AppeliateServices Services f( of 8

6 NYSCEF DOC. NO. 93 RECEIVED INDEX--NYSCEF: No â 05/11/ FILED : KINGS COUNTY / CLERK 04/30/ :51 AM ) NY SCE F DOC. NO. 86 V NY SCE F : 04/27/2018 P R E S E T Hon. Ci Justice At an LA.S. Trial Term, Pa of the Supreme. Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn City and State of New York, on the 2 day of rf r I 20 +PA,I Sfo ~ SH.~ 'I Cal. No. Plaintiff(s) Index No. - against - p( 5$3Q~ ' Defendant(s) The following papers numbered 1 to read on this motion Papers Numbered Notice of Motion.- Order to Show Cause and Affidavits (Affinnations) Annexed Answering Affidavit (Affinnation) Reply Affidavit (Affirrnation) Affidavit (Affinnation) Pleadings - Exhibits Stipulations - Minutes. Filed Papers. 2 A in/ td cksc. o~ ~J- I Q u~ Q~ j R~ dd. t; s.sleety~ gf~.,~, Per Cle keoeeonly +~I o 0 6Af fit.c MG 1VlD Matiorr Se E T E R JS' HON,Hog WRENCE EN1BEO of 1 6 of 8

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x Index No.: /2015 IRINA BRONSTEIN, Plaintiff, AFFIRMATION OF MAILING -against- CHARM CITY HOUSING, LLC AND AMOS WEINBERG, Defendant x STATE OF NEW YORK ) ) SS: COUNTY OF KINGS ) Maksim Leyvi, Esq., an attorney duly admitted to the practice of law in the courts of the State of New York, under the penalties of perjury, affirms as follows: I am not a party to the within action, am over 18 years of age and reside in the State of New York, County of Kings. On MAY 11, 2018, I served the within NOTICE OF APPEAL and REQUEST FOR APPELLATE DIVISION INTERVENTION FORM upon THOMAS TORTO, ESQ. Attorneys for Defendants 419 Park Avenue South, Suite 406 New York, New York the address(es) designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service. 7 of 8

8 SUPREME COURT OF THE STATE OF NEW YORK Index No /2015 COUNTY OF KINGS IRINA BRONSTEIN, -against- Plaintiff, CHARM CITY HOUSING, LLC AND AMOS WEINBERG, Defendants. NOTICE OF APPEAL THE LEYVI LAW GROUP, P.C. Attorneys for Plaintiff-Appellant 1022 Avenue P Brooklyn, New York Telephone: (718) Facsimile: (718) Pursuant to 22 NYCRR 130-L 1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: May 11, 2018 Signature: AN Majøfm Leyvi, Ésq. Service of a copy of the within NOTICE OF APPEAL, is hereby admitted. Dated: May 11, 2018 Attorney(s) for Defendants 8 of 8