SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK GAZPROMBANK (SWITZERLAND) LTD., Index No. 656130/2016 ANATOLY -against- KARPOV, Plaintiff, Justice Lynn R. Kotler IA Part 8 NOTICE OF SETTLEMENT Defendant. PLEASE TAKE NOTICE that, on the annexed Affirmation of Mitchell J. Geller, dated March 26, 2018, and the exhibits annexed thereto, the within is a true copy of a proposed Judgment that will be presented for settlement and signature to the Honorable Lynn R. Kotler, IAS Part 8, at the Courthouse, 80 Centre St., New York, New York 10013, on April 4, 2018 at 9:30 am. Dated: New York, New York March 26, 2018 HOLLAND 2 KNIGHT LLP Attorneys for Plaintiff Gazprombank (Switzerland) Ltd. By:. Mitchell J. Ge r, Esq. 31 West 52nd Street New York, New York 10019 (212) 513-3200 TO: BALLON STOLL BADER 2 NADLER, P.C. Attorneys for Defendant 729 Seventh Avenue, 7th Floor New York, New York 10019 (212) 575-7900 455953499 vl
At IA Part 8 of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse, 80 Centre Street, New York New York 10013 on the _ day of April 2018. PRESENT: Hon. Lynn R. Kotler Justice of the Supreme Court GAZPROMBANK (SWITZERLAND) LTD. Index No. 656130/2016 Plaintiff, -against- JUDGMENT ANATOLY KARPOV, Defendant. Plaintiff Gazprombank (Switzerland) Ltd., by and through its attorneys Holland & Knight LLP, having moved on March 20, 2017 for an order, pursuant to Civil Practice Law and Rules ("CPLR") 3212, 5302 and 5303, for summary judgment to recognize and enforce a foreign country money judgment in the principal amount of $8,942,445.00 plus interest at 15% on $7,500,000.00 from June 4, 2015, interest at 5% on $2,500 from February 23, 2015, CHF 32,4001 plus 5% interest from February 23, 2015, court costs in the amount of CHF 50,600 and "prevailing party damages" of CHF 75,600, issued on August 23, 2016 by the Zürich District Court, in favor of Gazprombank (Switzerland) Ltd. and against Anatoly Karpov in the lawsuit entitled No. Judgment" CG150095-L/U (the "Swiss Judgment"), and Defendant Anatoly Karpov having opposed the motion, and the Court having fully considered the motion, and having rendered a Decision and Order, dated January 23, 2018, entered and filed on January 25, 2018, that granted Plaintiff's CHF is the abbreviation for the Swiss franc, the currency of Switzerland.
motion for summary judgment recognizing and enforcing the Swiss Judgment under Article 53 of the CPLR; NOW, upon reading and filing the Notice of Motion, dated March 20, 2017, the Affirmation of Mitchell J. Geller, Esq., dated March 20, 2017, and the exhibits referenced therein, the Affirmation of Dr. Thomas Rohner, dated March 13, 2017, and the exhibits referenced therein, and Plaintiff's Memorandum of Law, dated March 20, 2017, all submitted in support of Plaintiff's motion for summary judgment; the Affirmation of Anatoly Karpov, dated April 19, 2017, and Defendant's Memorandum of Law submitted in opposition to Plaintiff's motion for summary judgment, the Reply Affirmation of Mitchell J. Geller, Esq., dated May 10, 2017, and the exhibits referenced therein, the Reply Affirmation of Matthias Wiget, dated May 10, 2017, and the exhibits referenced therein, the Reply Affirmation of Konstantin Cheremushkin, dated May 10, 2017, and the exhibit referenced therein, and Plaintiff's Reply Memorandum of Law, dated May 10, 2017, submitted in further support of its motion for summary judgment; and after oral argument on Plaintiff's motion for summary judgment having been heard before the Court on November 21, 2017; and after due deliberation having being had thereon, and the Court, having rendered a Decision and Order, dated January 23, 2018, that was entered and filed in the office of the Clerk of the Court on January 25, 2018, which granted Plaintiff's motion for summary judgment to recognize and enforce the Swiss Judgment and ordered that the Swiss Judgment in Plaintiff's favor is recognized pursuant to Article 53 of the CPLR and that Plaintiff have judgment against Defendant for the amount of the Swiss Judgment and statutory interests and costs from August 23, 2016, the date of the Swiss Judgment; and directed that Plaintiff submit a proposed Judgment on notice, 2
NOW, upon the Decision and Order, dated January 23, 2018, signed by the Honorable Lynn R. Kotler to recognize and enforce the Swiss Judgment pursuant to Article 53 of the CPLR, and entered and filed in the office of the Clerk of the Court on January 25, 2018, and upon the motion of Holland & Knight LLP, attorneys for Plaintiff, it is hereby, ORDERED, that the Swiss Judgment in favor of Gazprombank (Switzerland) Ltd. and against Anatoly Karpov is recognized and enforced by this Court pursuant to CPLR Article 53, and is hereby converted to a Judgment of this Court, and it is further AD JUDGED that Plaintiff Gazprombank (Switzerland) Ltd., with an office at Zollikerstrasse 183, 8008 Zurich, Switzerland, do recover from Defendant Anatoly Karpov, maintaining an address for service of process in Switzerland at c/o IDC Legal GmbH, Beethovenstr. 7, 8002 Zürich, Switzerland, (i) the sum of $8,942,445.00, with interest accruing at the rate of 15% per annum on $7,500,000.00 from June 4, 2015 through the date of the entry of this Judgment, which amounts to $ ; (ii) interest at the rate of 5% per annum on $2,500 from February 23, 2015 through the date of the entry of this Judgment, which amounts to $ ; (iii) CHF 32,400, converted to U.S. dollars using the exchange rate of $1.06057 on January 25, 2018,2 2018, with interest at the rate of 5% per annum from February 23, 2015 through the date of the entry of this Judgment, which amounts to $ ; (iv) CHF 50,600, converted to U.S. dollars at the exchange rate of $ 1.06057 on January 25, 2018, which amounts to $ ; and (v) CHF 75,600, converted to U.S. dollars at the exchange rate of $1.06057 on January 25, 2018, which amounts to $, together with $ in costs and disbursements as taxed by the Clerk of the Court, all of which 2 The exchange rate of $ 1.06057, as of January 25, 2018, is set forth in the Affirmation of Mitchell J. Geller, dated March 26, 2018 ( 10, Exhibit 5). 3
amounts to a total sum of $, and that Plaintiff Gazprombank (Switzerland) Ltd. have execution therefor; and it is further ORDERED, that the Clerk of the Court enter Judgment in favor of Gazprombank (Switzerland) Ltd. and against Anatoly Karpoy in the sums as set forth above; and it is further ADJUDGED, that Gazprombank (Switzerland) Ltd. will recover interest at the statutory rate of 9% after the entry of this Judgment until the Judgment is paid; and it is further ORDERED AND ADJUDGED, that this Court retains jurisdiction over the Defendant Anatoly Karpov in actions or proceedings to enforce this Judgment. Judgment signed this day of 2018. Hon. Lynn R. Kotler, J.S.C. CLERK Plaintiff: Gazprombank (Switzerland) Ltd. Zollikerstrasse 183, 8008 Zürich, Switzerland Defendant: Anatoly Karpov c/o IDC Legal GmbH Beethovenstr. 7 8002 Zürich, Switzerland 4
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X â â â â â â â â â â â â GAZPROMBANK (SWITZERLAND) LTD Index No. 656130/2016 - against - Plaintiff, Justice Lynn R. Kotler IA Part 8 ANATOLY KARPOV Defendant. BILL OF COSTS --------------------------------------------------------------------X Costs: Costs before note of issue (CPLR 8201(1)): $200.00 Disbursements: Index Number $210.00 Request for Judicial Intervention $95.00 Motion Fee: $45.00 Service $55.00 Costs Total: $200.00 Disbursements Total: $405.00 TOTAL COSTS AND DISBURSEMENTS: $605.00 The undersigned, an attorney duly admitted to practice in the courts of this state, affirms that he has reviewed the foregoing Bill of Costs, and that each of the disbursements listed therein have or will necessarily be made or incurred in this action, are reasonable in amount, and in accordance with the statutory provisions listed herein. The foregoing is true under penalties of perjury.
Dated: New York, New York March 26, 2018 HOLLAND 4 KNIGHT LLP By: Mitchell J. ller, Esq. Attorneys for Plaintiff Gazprombank (Switzerland) Ltd 52nd 31 West street New York, NY 10019 (212) 513-3200 ¹55986548 vl 2
Index No. 656130 Year 20 16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GAZPROMBANK (SWITZERLAND) LTD., Plaintiff, -against- ANATOLY KARPOV, C Defendant. JUDGMENT Attorneys for HOLLAND & KNIGHT LLP Gazprombank (Switzerland) Ltd. 31 West 52nd Street New York, N.Y. 10019 (212) 513-3200 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated:... signature... Print Signer's Name... Service of a copy of the within is hereby admitted. Dated:... Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy ofa '~o~ioe NOTICEOF entered in the office of the clerk of the within-named Court on 20 ENTRY NOTICEOF SETfLEMENT that an Order of which the within is a true copy will be presented for settlement to the Hon. at, one of the judges of the within-named Court, on 20, at M Dated: Attorneys for HOLLAND & KNIGHT LLP 31 West 52nd Street New York, N.Y. 10019 Attnrnanfs I fnr