CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF KINGS
NEW CENTURY FINANCIAL SERVICES, INC.,
Plaintiff,
-against-
MICHAEL KRICHEVSKY,
Defendant.
: Index No. 056717/13
AFFIDAVIT OF
: YQNATAN LEVQRITZ. ESQ.
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
MICHAEL KRICHEVSKY,
Third-Party Plaintiff,
-against-
JOHN FASDNE, YONATAN LEVOPJTZ,
VICTOR KATKALOV, KINGS COUNTY
CHILD SUPPORT COLLECTION UNIT,
ELENA SVENSON
Third-Party Defendants.
STATE OF NEW YORK
COUNTY OF KINGS
)
)ss.:
)
x
YONATAN LEVORITZ, ESQ., being duly sworn, deposes and says:
1. I am an attorney duly admitted to practice law in the Courts of the State of New
York and before this Court. I am a Third-Party Defendant in this action, and I make this
affidavit in support of the motion for summary judgment to dismiss each of the causes of action
alleged in the Third-Party Complaint against me.
2. A copy of the Third-Party Complaint is annexed hereto as Exhibit "A".
3. A copy of my answer to the Third-Party Complaint is annexed hereto as Exhibit
"B". The allegations in my Answer are true to my knowledge, and the Affirmative Defenses are
appropriate in this frivolous Third-Party Action improperly commenced against me and my
paralegal, Victor Katkalov.
4. I deny any wrongdoing alleged against me. All the allegations made against me
arise out of my role as counsel for Elena Svenson in her Family Court Proceeding against
Michael Krichevsky for him to fulfill his fundamental duty to pay child support. Similarly, all of
the allegations against Mr. Katkalov arise out of his role solely as my paralegal in that Family
Court proceeding. Neither of us did anything wrong to justify this frivolous Third-Party Action
coomenced in bad faith against us by Mr. Krichevsky.
5. I succeeded in obtaining an award of child support enforceable against Mr.
Krichevsky, and he appears to claim that caused him to be unable to pay his credit card bills. To
the extent Mr. Krichevsky cannot pay his credit cards, that has nothing to do with my role as his
adversary's counsel in the Family Court proceeding to enforce his parental duties, which he
simply ignored.
6. Mr. Katkalov performed his paralegal duties in that matter under my supervision,
and he did nothing to justify Mr. Krichevsky's nonsensical claims against him.
7. There is no basis for a Third-Party Action to be made against me or Mr. Katkalov
because we owe no duty to Mr. Krichevsky, and there cannot possibly be a reason that my
- 2-
successful legal representation of Ms. Svenson can be used to hold me or my paralegal liable to
pay Mr. Krichevsky's credit debts.
8. Therefore, this Third-Party Action should be dismissed based upon CPLR 1007
because neither my paralegal nor I can be found liable to Mr. Krichevsky for all or part of the
claim made by New Century Financial Services, Inc. based upon Mr. Krichevsky defaults in
payment of his credit card debt.
9. Additionally, although Mr. Krichevsky grossly overstates his frivolous claims, he
seeks to recover $1,000,000. That demand is well in excess of the monetary jurisdiction of this
Court pursuant to the New York City Civil Court Act 202, which is limited therein to $25,000.
10. More importantly, Mr. Krichevsky unsuccessfully attempted to sue me on the'
very same grounds hi the Supreme Court, Kings County, in an action entitled Krichevsky v.
Levoritz, Index No. 24714/10, which was dismissed with prejudice.
11. Mr. Krichevsky previously commenced virtually the same lawsuit against me and
co-third-party defendant, Elena Svenson in Supreme Court of the City of New York, County of
Kings under Index No. 24714/10 (the "Kings County Supreme Action")- The Complaint in that
action was dismissed with prejudice. A copy of the Court Order dismissing that action is
annexed as Exhibit "C".
12. Thus, it has already been determined in the Kings County Supreme Action that
Mr. Levoritz has no liability to Plaintiff. As such, in addition to the fact that Plaintiffs instant
Third-Party Complaint is completely frivolous, Plaintiff is collaterally estopped from bringing
virtually the same lawsuit against Mr. Levoritz and Mr. Levoritz' employee, Mr. Katkalov.
13. The Order dismissing the Kings County Supreme Court Action against me was
entered by the Court based upon my Affidavit, sworn to December 21, 2010 ("Levoritz
- 3-
Affidavit" or "Levoritz Aff."), a copy of which is annexed as Exhibit "D", which I submitted in
connection with my successful motion to dismiss that action, and which I incorporate here by
reference.
14. In sum, as demonstrated in that Affidavit, I represented Elena Svenson in
connection with her paternity and child support suit against Mr. Krichevsky, entitled Elena
Svenson v. Michael Krichevsky, in the Family court of the State of New York, City of New York,
Kings County, under Docket No: P-28901-08 ("Family Court Action").
15. On February 3, 2010, the Judge in the Family Court Action issued a decision
finding that Plaintiff was responsible for monthly child support payments in the amount of
$2,045.00. See Order of Support at p. 4, annexed as Ex. "K" to the Levoritz Aff.
16. The Court found in its decision that Plaintiffs "entire behavior in the[ ]
proceedings had been to delay and to evade any final determination of his obligations on their
merits, both as to paternity and as to child support" and as a result, ordered Plaintiff to reimburse
Ms. Svenson for Mr. Levoritz' legal fees. See Findings of Fact at p. 3 annexed as Ex. "K to the
Levoritz Aff.
17. Remarkably, after the Family Court issued that ruling, Plaintiff contemptuously
attempted to have the Judge recused claiming that the Judge was biased in favor of Ms. Svenson.
See Ex. "L" to the Levoritz Aff.
18. In addition, Plaintiff served, but apparently did not file, a sanctions motion against
me in the Family Court Action. See Ex. "M" to the Levoritz Aff. As the Court can see, Mr.
Krichevsky, who was resentful about being compelled to pay child support and my legal fees,
commenced the Kings County Supreme Court Action in bad faith to harass me, and now, he is
-4-
once more bring this Third-Party Action in bad faith for the exact same frivolous and bad faith
reasons.
19. I did not breach any fiduciary duty to Mr. Krichevsky. I was not his lawyer, I
represented Ms. Svenson. To the extent I obtained legal relief from the Court against Mr.
Krichevsky, it was fully justified from his wrongful behavior and if he cannot pay his bills due to
a judgment rendered by the Supreme Court of New York against him that is not my problem.
20. To the extent I assisted Ms, Svenson in obtaining a judgment forcing Mr.
Krichevsky to pay Ms. Svenson child support it is ludicrous for Mr. Krichevsky to claim that I
was aiding and abetting Ms. Svenson in breaching any fiduciary duty owed to Mr. Krichevsky.
It was Mr. Krichevsky's duty to pay child support, and no fiduciary duty is owed to Mr.
Krichevsky to help him avoid his. fundamental duty to pay child support for the benefit of his
offspring.
21. Nor did I interfere with his contractual arrangements with any credit card
companies. Any problems with those companies including the claims of the Plaintiff in this suit
arise from Mr. Krichevsky's failure to pay his debts.
22. Based upon the foregoing, and for the reasons set forth by my attorney in the
accompanying affirmation, I respectfully request that this action be dismissed against me, that
sanctions be imposed against Plaintiff for commencing and maintaining this frivolous action and
that this Honorable Court award such other and different relief as the Court deems just and
proper.
WHEREFORE, it is respectfully submitted that the Third-Party Complaint
should be dismissed against me and Mr. Katkalov, we should be awarded our attorneys' fees,
- 5-
costs and disbursements in defending this action, and the Court should grant such other and
further relief as justice requires.
YpKATAN LEVQ , ESQ.
Sworn to before
4th day of Ap
-6-
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
NEW CENTURY FINANTIAL SERVICES, INC.,
Plaintiff,
-against-
MICHAEL KRICHEVSKY,
Defendant.
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
MICHAEL KRICHEVSKY,
Third-Party Plaintiff,
-against-
JOHN FASONE, YONATAN LEVORITZ,
VICTOR KATKALOV, KINGS COUNTY
CHILD SUPPORT COLLECTION UNIT,
ELENA SVENSON,
Third-Party Defendants.
STATE OF NEW YORK
COUNTY OF KINGS
)
) ss.:
)
x
X
X
X
Index No.: 056717/13
AFFIDAVIT
VICTOR KATKALOV, being duly sworn, deposes and states the following:
1. I am a Third-Party Defendant in the above captioned action.
2. I am currently employed as a paralegal at The Law Office Of Yonatan S.
Levoritz, Esq. located at 1022 Avenue P, Brooklyn, New York 11223.
3. Plaintiff claims in the Third-Party Complaint that I acted as "runner" and brought
Russian speaking clients to English-speaking co-defendant, and my employer, Yonatan S.
Levoritz. See Complaint, |23. That is completely false.
4. As referenced above, I am employed as a paralegal for Mr. Levoritz, assisting him
with various tasks. Mr. Levotitz was counsel for co-defendant, Elena Svenson, in connection
with the underlying child support proceeding. I worked on the underlying child support
proceeding under the supervision of Mr. Levoritz. However, at no time did I act as a "runner"
as alleged in the Complaint or do anything improper.
5. Based upon the foregoing and for the reasons set forth in my attorney's
affirmation and the accompanying affidavit of Yonatan S. Levortiz, I respectfully request that
summary judgment be granted in my favor and in favor of Yonatan S. Levoritz and that this
action be dismissed against us in its entirety.
VICTOR KATKALOV
Sworn to before me this
2nd day of April,
2