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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK


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SAMUEL D. NUNBERG,

:
Petitioner,

Index No.
:
AFFIDAVIT OF
REBECCA CITRON
NUNBERG
IN SUPPORT OF

- against DONALD J. TRUMP FOR PRESIDENT, INC., and


TRUMP 2012 PCA
.,
Respondent.

STAY OF ARBITRATION
PROCEEDINGS

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STATE OF NEW YORK

)
:
COUNTYOF NEW YORK )

ss.:

1. I am an attorney admitted in New York. I make this affidavit based upon my personal knowledge
in support of Petitioners application pursuant to CPLR 7503(b) for a stay of the arbitration
proceeding commenced against Petitioner by Trump 2012 PCA.
2. Upon information and belief, Trump 2012 PCA is neither a legal entity authorized by the
Department of State to do business in the State of New York nor an assumed name for a legal
entity or individual authorized to do business in the State of New York under the provisions of
the New York General Business Law (NYGBL), 130.
3. I conducted a search for a legal entity named Trump 2012 PCA in the governmental records in
New York State set forth below and did not find any record of any legal entity under that name,
or any individual or legal entity doing business under the assumed name Trump 2012 PCA.
4. On July 12, 2016 I searched the online New York State Department of State Business Entity
Database located at http://www.dos.ny.gov/corps/bus_entity_search.html for entities containing

the term Trump and Trump 2012 PCA was not among the 150 foreign and domestic entities
listed as the results of the search.
5. On July 12, 2016 I spoke with a clerk in the Division of Corporations of the New York State
Department of State who at my request conducted a search of the departments official records
and advised me that there was no filing of the certificate for doing business under an assumed
name required under NYGBL, 130 for a corporation, limited liability company or limited
partnership doing business under the assumed name Trump 2012 PCA.
6. On July 12, 2016 I spoke with a clerk in the office of the New York County Clerk who at my
request conducted a search of the offices official records and advised me that there was no filing
of the certificate for doing business under an assumed name required under NYGBL, 130 for a
sole proprietorship, general partnership, limited liability partnership or any other entity (other
than a corporation, limited liability company or limited partnership) under the assumed name
Trump 2012 PCA.
7. NYGBL, 130 (9) provides:
Any person or persons carrying on, conducting or transacting
business as aforesaid, who knowingly fails to comply with the
provisions of this section or who knowingly makes a false
statement in a certificate filed thereunder shall be guilty of a
misdemeanor. Any person or persons carrying on, conducting or
transacting business as aforesaid shall be guilty of a misdemeanor.
Any person or persons carrying on, conducting or transacting
business as aforesaid who fails to comply with the provisions of
this section shall be prohibited from maintaining any action or
proceeding in any court in this state on any contract, account or
transaction made in a name other than its real name until the
certificate required by this section has been executed and filed in
accordance with the provisions set forth herein.
8. On information and belief Trump 2012 PCA is not the name of a legal entity that is qualified
to be filed with and authorized to do business in the State of New York.
9. New York Business Corporation Law (NYBCL), 301(a)(1) provides:
(a) Except as otherwise provided in this chapter, the name of a
domestic or foreign corporation:

(1) Shall contain the word "corporation", "incorporated" or


"limited", or an abbreviation of one of such words; or, in the
case of a foreign corporation, it shall, for use in this state, add
at the end of its name one of such words or an abbreviation
thereof.
10. New York Limited Liability Company Law 208(a) provides:
Limited liability company name. The name of each limited liability company as set forth
in its articles of organization: (a) shall contain without abbreviation the words "Limited
Liability Company" or the abbreviation "L.L.C." or "LLC"
11. NYGBL, 130 (9) provides:
Any person or persons carrying on, conducting or transacting
business as aforesaid, who knowingly fails to comply with the
provisions of this section or who knowingly makes a false
statement in a certificate filed thereunder shall be guilty of a
misdemeanor. Any person or persons carrying on, conducting or
transacting business as aforesaid shall be guilty of a misdemeanor.
Any person or persons carrying on, conducting or transacting
business as aforesaid who fails to comply with the provisions of
this section shall be prohibited from maintaining any action or
proceeding in any court in this state on any contract, account or
transaction made in a name other than its real name until the
certificate required by this section has been executed and filed in
accordance with the provisions set forth herein.
12. New York Partnership Law 121-1501 provides:
Name of registered limited liability partnership. The name of
each registered limited liability partnership shall contain without
abbreviation the words "Registered Limited Liability Partnership"
or "Limited Liability Partnership" or the abbreviations "R.L.L.P.",
"RLLP", "L.L.P." or "LLP"; provided, however, the partnership
may use any such words or abbreviation, without limitation, in
addition to its registered name..

____________________________________
REBECCA CITRON NUNBERG

Sworn to before me this


12 day of July, 2016.

_____________________
Notary Public