UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

■X
THE SEA GATE ASSOCIATION, DECLARATION OF
KAREN M. LAGER IN
Plaintiff, SUPPORT OF
AFFIRMATION IN REPLY
-against-
Civil Action No.: 18-CV-3408
MICHAEL KRICHEVSKY, (KAM) (SMG)
Defendant.

•X
MICHAEL KRICHEVSKY,

Defendant/Third-Party Plaintiff,

-against-

ALAN J. WOHLBERG, DAVID WYNN, MANNY

PAPIR, RICHARD SCARPACI, PINNY DEMBITZER,
BARBARA GAROFALO, SOLOMON ZICHERMAN,
MERRIE STARR-CAPUTO, BERNARD KAUFMAN,
JACK SUBEN, BETTY BARANOFF, JEANNE RICE,
TAMIR KOVACH, IVETTE CIRINO, VINCENT
CIRINO, IRENE SARAFANOV, YURIY KRASNER,
LANCE BURNS, HENRY GRUNBAUM, KURT
VIKKI, JACK WEIDHORN, DOE 1-10 Unknown or
unidentified members and/or agents of SEAGATE,

Third-Party Defendants.
X

Karen M. Lager, an attorney duly admitted to practice law before the Courts of the State of

New York and Eastem District of New York, affirms the truth of the following, under the penalties

of perjury.:

1. I am of counsel with the firm of MARKS, O'NEILL, O'BRIEN, DOHERTY &

KELLY, P.O., attorneys for Third-Party Defendants, DAVID WYNN, MANNY PAPIR,

RICHARD SCARP ACI, PINNY DEMBITZER, BARBARA GAROFALO, MERRIE

{PH313485.1}
STARR-CAPUTO, BERNARD KAUFMAN, JACK SUBEN, BETTY BARANOFF,

JEANNE RICE, TAMIR KOVACH, IVETTE CIRINO, VINCENT CIRINO, IRENE

SARAFANOV, YURIY KRASNER, LANCE BURNS, HENRY GRUNBAUM, KURT

VIKKI, JACK WEIDHORN, DOE 1-10 UNKNOWN OR UNIDENTIFIED MEMBERS

AND/OR AGENTS OF SEAGATE (hereinafter "Third-Party Defendants"), and Cross-Claim

Defendant, THE SEA GATE ASSOCIATION (hereinafter "Cross-Claim Defendant") and as

such, am fully familiar with the facts stated herein.

2. I make this Declaration in support ofPlaintiff, THE SEA GATE ASSOCATION's,

Affirmation in Reply to Defendant/Third-Party Plaintiff MICHAEL KRICHEVSKY's(hereinafter

"Krichevsky") Opposition to Plaintiffs motion to remand this action pursuant to 28 U.S.C.

§1447(c)to the Supreme Court of the State of New York, County of Kings under Index Number

509516/2018.

3. For the sake of judicial economy, the Third-Party Defendants and Cross-Claim

Defendant join in and adopt the facts, procedural background and legal arguments set forth in

Plaintiff, THE SEA GATE ASSOCIATION'S, Memorandum of Law of Alan J. Wohlberg dated

October 10, 2018.

4. As Mr. Wohlberg argues in Plaintiffs Memorandum of Law,this matter should be

remanded to the Supreme Court ofthe State ofNew York because this Court does not have subject

matter jurisdiction pursuant to 28 U.S.C. §1331 as Defendant/Third-Party Plaintiff, Krichevsky's,

alleged claim of federal question is solely based upon counter-claims and third-party claims and

not the plaintitTs underlying (Jomplamt, which only asserts New York state law causes of aciion

related to breach of contract. No federal claims are asserted in the Complaint nor are any federal

statutes invoked. As such, there is no basis for removal and the instant matter together with the

{PH313485.1}
third-party action should be remanded to the Supreme Court of the State of New York, Kings

County.

5. Additionally, Krichevsky incorrectly argues that this Court has subject matter

jurisdiction so long as there are any federal laws that may apply to Plaintiff. This argument directly

conflicts with 28 USC §1441 and is obviously without merit because it would render virtually

every case subject to federal jurisdiction. Remand is determined based on the Complaint, not on

allegations in the affirmative defenses and counterclaims. Defendant claim relating to

Supplemental jurisdiction (28 USC §1367) is based on a misunderstanding of the law.

Supplementaljurisdiction permits federal courts to exercise jurisdiction in a case where the federal

claims are very closely related to State Court claims. In the present case none of the causes of

action's involve federal law.

6. Krichevsky also incorrectly argues that the instant matter should be dismissed

pursuant to CPLR §§ 3022,3018 and 3019, the "advocate-witness" rule, and Judiciary Law 487.

However, none ofthese laws have any bearing on Plaintiffs motion to remand. Moreover,

Krichevsky's argument that the Complaint needs to be verified has no bearing on the motion to

remand. CPLR §§3018 and 3019 deal with responsive pleadings and counter/cross/claims, none

of which can be considered on a Motion to Remand. The "advocate-witness" rule and Judiciary

Law 487 also have no bearing on the issue ofremand. Neither do Krichevsky's false allegations

that the Plaintiff harassed him.

7. Krichevsky improperly attempts to support his arguments for a basis why this

matter should not be remanded to state Court using a variety of nonexistent and immaterial so-

called "admissions." Such conjecture and supposition cannot be considered by the Court as

evidence.

{PH313485.1}
 8. Moreover, Krichevsky makes numerous shocking and outrageous claims of

international and religious conspiracies and the wholesale corruption of the judiciary. His

repulsive allegations should be rejected by this Court and warrant sanctions and an additional

award of attorney's fees. These numerous blatant falsehoods, coupled with Krichevsky's

slanderous allegations of judiciary corruption, are self-serving and deliberate in Krichevsky's

attempt to evade paying his dues and fees to the Sea Gate Homeowners' Association and have no

merit or relevance to the instant motion before this Court. Accordingly, based on the foregoing,

the instant motion should be granted.

9. I declare under penalty of perjury, under 28 U.S.C. §1746,that the foregoing is true

and correct.

Dated: October 10,2018

New York, New York

Kaken M. Lager(KL-291

{PH313485.1}
 CERTIFICATE OF SERVICE

I, hereby certify that on, October 10. 2018.1 mailed a copy of the foregoing

DECLARATION OF KAREN M.LAGER IN SUPPORT OF AFFIRMATION IN REPLY,

by the United States Postal Service, to the following participants:

TO:

ALAN J. WOHLBERG,ESQ.
Attorney for Plaintiff
THE SEA GATE ASSOCIATION
2805 Avenue N
Brooklyn, NY 11210
(212)252-1330

MORGAN MELHUISH ABRUTYN

Attorneys for Third-Party Defendant
ALAN J. WOHLBERG
39 Broadway- Suite 1701
New York, NY 10006
(646)388-6444

MICHAEL KRICHUEVSKY
4221 Atlantic Avenue
Brooklyn, New York 11224
Defendant Pro Se

!n\M. Lager(KL-2917)

MARRS,O'NEILL,O'BRIEN,
DOHERTY & KELLY,P.C.
Attorneys for Third-Party Defendants
IRENE SARAFANOV,TAMIR
KOVACH,IVETTE CIRINO,DAVID
Jaqa>lN,-MANNY PAPTR,BETTY
BARANOFF,RICHARD SCARPACI,
JACK SUBEN,BARBARA
GAROFALO,MERRIE STARR-
CAPUTO,KURT VIKKI,BERNARD
KAUFMAN,JACK WEIDHORN,
YURIY KRASNER,HENRY

{NC146543.1)
 GRUNBAUM,VINCENT CIRINO,
PINNY DEMBITZER,LANCE BURNS,
JEANNE RICE AND DOE 1-10
UNKNOWN OR UNIDENTIFIED
MEMBERS AND/OR AGENTS OF
SEAGATE and
Cross Claim Defendant
THE SEA GATE ASSOCIATION
708 Third Avenue - Suite 2500
New York, New York 10017
(212)967-0080
File No.: 1898.105346

{NC146543.1}