UNITED STATES BANKRUPTCY COURT RETURN DATE: , 2013 EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------x IN THE MATTER OF:

ELENA SVENSON, CASE NO. 1-12-43050-ess Debtor. CHAPTER 7 --------------------------------------------------------x MICHAEL KRICHEVSKY, Plaintiff/Creditor, v. ELENA SVENSON, Adversary Proceeding No. 12-01229-ess Defendant/debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO; INTERNAL REVENUE SERVICE, INC., Defendants/Creditors, VICTORIA EDELSTEIN, DDS; BORIS KOTLYAR, COOPER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDID, personally; JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered), Defendants. ------------------------------------------------------------------x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, Cross-Claimants, v. MICHAEL KRICHEVSKY, Cross-Defendant. -----------------------------------------------------------------x NOTICE OF CROSS-MOTION FOR DEFAULT AND DEFAULT JUDGMENT ON LIABILITY COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed memorandum of law and supporting affidavit, Michael Krichevsky (a) moves for an entry of default and default judgment per Fed. R. Civ. P. 55(a)(b) based on the failure to plead or otherwise defend against SECOND AMENDED COMPLAINT. The hearing will be held by Bankruptcy Judge Honorable Elizabeth S. Stong of this Court at the Courthouse located at 271 Cadman Plaza East, at Courtroom 3585, Brooklyn, NY 11201, on the day of , 2013, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard; and for such other and further relief as to this Court seems just and proper.

TAKE FURTHER NOTICE that, pursuant to FRCP, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion. Dated: Brooklyn, New York July 25, 2013 ______________________________ Michael Krichevsky, Pro Se 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300 tokrichevsky1@yahoo.com

UNITED STATES BANKRUPTCY COURT RETURN DATE: August 1, 2013 EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------x IN THE MATTER OF: ELENA SVENSON, CASE NO. 1-12-43050-ess Debtor. CHAPTER 7 --------------------------------------------------------x MICHAEL KRICHEVSKY, Plaintiff/Creditor, v. ELENA SVENSON, Adversary Proceeding No. 12-01229-ess Defendant/debtor, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO; INTERNAL REVENUE SERVICE, INC., Defendants/Creditors, VICTORIA EDELSTEIN, DDS; BORIS KOTLYAR, COOPER SQUARE REALTY, INC; LANA KAPLUN, personally; FARID BADALOV, personally; BORIS MEYDID, personally; JOHN DOE and JANE JOHNS, personally (fictitious names to be discovered), Defendants. ---------------------------------------------------------------x VICTORIA EDELSTEIN, DDS and BORIS KOTLYAR, Cross-Claimants, v. MICHAEL KRICHEVSKY, Cross-Defendant. -----------------------------------------------------------------x AFFIDAVIT IN SUPORT OF CROSS-MOTION FOR DEFAULT AND DEFAULT JUDGMENT ON LIABILITY MICHAEL KRICHEVSKY, Pro Se, under penalty of perjury, deposes and says: 1. I am the plaintiff in the within action. 2. I am the rightful owner of at least 50% of undivided interest in the UNIT described in SECOND AMENDED COMPLAINT (SAC), (court docket #72)

3. I make this affidavit upon my first hand knowledge in support of my motions for default and default judgment on liability based on admissions by SVENSON. 4. Defendant SVENSON appeared by Lorna LaMotte, ESQ in this action, and neither minor, nor incompetent. 5. On April 16 2013, her attorney received hand-delivered SAC, which required an answer per F.R.C.P. 7 and 8, or motion in reply as per F.R.C.P. 12 (b). 6. Ms. LaMotte replied to SAC by motion under F.R.C.P. 12 (b)(6) and 12 (c), (court docket #79). In that motion, she seeks to dismiss the following causes of action in SAC: FIRST, SECOND, FOURTH, FIFTH, NINTH, ELEVENTH TWELFTH, FOURTEENTH, FIFTEENTH and SIXTEENTH. 7. On the motion to dismiss complaint per F.R.C.P. 12(b)(6), the court presumes averments in it to be true and makes every possible inference in favor of plaintiff. This is especially so in absence of defendants counter affidavit disputing those averments. Because the twenty-day period to serve responsive pleading for averments in THIRD, SEVENTH, EIGHTH and NINETEENTH causes of action expired and SVENSON did not ask the court to extend the period to serve an answer per F.R.C.P. 6(b), KRICHEVSKY infers and presumes Ms. LaMotte intended that these averments be admitted by SVENSON as per F.R.C.P. 8 (b)(6) failure to deny, as in In re Moore, 450 BR 849 - Bankr. Court, ND Indiana (2011) where the court stated: Once the undisputed allegations accepted as true, cf. Fed. R. Civ. P. Rule 8(b) (6) (an allegation is admitted if it is not denied in a required response) 8. Similarly in Gray v. University of Tennessee, 97 F. Supp. 463 - Dist. Court, ED Tennessee (1951) the court stated: make the following specific allegation, which defendants, for failure to deny,

admit 9. F.R.C.P. 8(b)(6) explained in much greater detail in MILL'S PRIDE, LP v. WD MILLER ENTERPRISES, LLC, Dist. Court, SD Ohio (2010) where the court stated: Rule 8(b)(6) of the Federal Rules of Civil Procedure provides that the effect of failing to deny an allegation in a complaint is an admission LEGAL STANDARDS: The Federal Rules of Civil Procedure allow for only one of three possible responses to a pleading: 1) admit the allegation, 2) deny the allegation, or 3) state that the responding party "lacks knowledge or information sufficient to form a belief about the truth of an allegation." Fed. R. Civ. P. 8(b)(1) & 8(b)(5); see also Thompson v. Ret. Plan for Emps. of S.C. Johnson & Sons, Nos. 07-1047, 08-0245, 2008 WL 5377712, at *1 (E.D. Wis. Dec. 22, 2008). A response that fails to answer an allegation because the allegation "states a legal conclusion" or because a document "speaks for itself" is impermissible under the plain language of Rule 8(b). State Farm Mut. Auto. Ins. Co. v. Riley, 199 F.R.D. 276, 278-79 (N.D. Ill. 2001). "[A]n allegation other than the one relating to the amount of damages is admitted if a responsive pleading is required and the allegation is not denied." Fed. R. Civ. P. 8(b)(6). 10. Accordingly, the following averments in THIRD CAUSE OF ACTION - Waste are admitted by SVENSON: SVENSON had a duty of care for the UNIT and its value. She knew or should have known that numerous liens on the property together with foreclosure action diminish the value of the property. She knew or should have known that foreclosure action leads to total loss of the UNIT. She breached her duty and is liable. From 2008 until present SVENSON engages herself in self-destructing behavior against the UNIT and KRICHEVSY. SVENSON commits waste and injury upon the UNIT, by neglecting and failing to pay her personal income taxes for the 2002 fiscal year; thus causing a federal lien to be placed on the property; and by neglecting and failing to pay the loan and common charges out of rent received from EDELSTEIN and KOTLYAR for the UNIT. SVENSON commits waste and injury upon the UNIT by neglecting and failing to: contact IRS and workout a payment plan; or contact her accountant to work out a payment plan with IRS after KRICHEVSKY hires an accountant for SVENSON; and avoid placement of the IRS lien on the unit. In spring of 2009, KRICHEVSKYs attorney Daniel Singer, Esq. by OSC notifies

SVENSON, EDELSTEIN and KOTLYAR that KRICHEVSKY is unable without rent to pay and stopped all payments for the UNIT. He warns them of imminent foreclosure and asks the court to order defendants to turn rent to his escrow account in order to save the UNIT from foreclosure. In reply, SVENSON, while collecting about $2850 in rent, refuses to give any money to save the UNIT, and instead, knowingly and intentionally commits waste and injury upon the unit by: hiring and paying cash to numerous attorneys to obstruct and delay justice; and conspiring with EDELSTEIN and KOTLYAR to delay eviction action KRICHEVSKY starts in 2008 in Kings County Supreme Court and Kings County Landlord & Tenant Court; and becoming in contempt of court when she settles for $7000 OSC Hon. Bert Bunyan worked out with her toward paying expenses for UNIT, but she fails to obey that order; and becomes in contempt, but continues to pay her attorney, BIANCINELLO, to argue her contempt with KRICHEVSKY and judge. SVENSON knowingly commits waste and injury upon the UNIT by neglecting and failing to: appear in Civil Court to defend this UNIT when OCENA on or about October 2009 starts action against SVENSON, EDELSTEIN, KOTLYAR and KRICHEVSKY; and fails to pay common charges out of rent when OCEANA demands payment in court; and defaults in that action while KRICHEVSKY appears to defend the UNIT; and gives OCEANA an opportunity to add legal fees and expenses, late fees; and gives them opportunity to place a lien on the unit due to her default. SVENSON knowingly commits waste and injury upon the UNIT by defaming KRICHEVSKY in family court; and by defaming and harassing his employer in family court; and personally demanding and causing employer to fire KRICHEVSKY, which in turn made KRICHEVSKY unemployed and unable to care for the UNIT without an income. Upon information and belief, her attorney Mr. Biancanello latter on dropped her representation after realizing that he is aiding and abetting her commission of torts. As a direct result or proximate cause of her deliberate self-destructive acts above, on or about august 2009 Bank of America started foreclosure action against the UNIT. Above acts constitute an abandonment of her interest in the UNIT. 11. The following averments in SEVENTH CAUSE OF ACTION Accounting are admitted by SVENSON: From about 2000 until 2004, SVENSON fraudulently transferred money from joint account to her own; wrote checks to her relatives and friends in Germany;

did not deposit $180,000 check from sale of her COOP. From October 2001 until November 2008, the parties had agreed to pay the joint obligations for the UNIT including but not limited to: down payment, bank loan, utilities, maintenance, improvements, repairs and other expenses. Upon information and belief, SVENSON has failed to pay any noteworthy portion of these expenses. It is unknown what amounts, if any, have been contributed by SVENSON. In addition, SVENSON has rented the premises without any notice to KRICHEVSKY and has not accounted for the rents she has presumably received. Additionally, upon information and belief, she received hundreds of thousands of dollars from her Accounts Receivable, which she never accounted for. Upon information and believe, SVENSON wired money to Germany or Luxemburg using account #554 from company RIA. KRICHEVSKY lacks sufficient knowledge of the exact amount of rents and profits due and owing to him. KRICHEVSKY lacks an adequate remedy at law, as such, an accounting is required, 12. The following averments in EIGHTH CAUSE OF ACTION Partition are admitted by SVENSON: By SVENSONs breach of the contract, waste and intentional pushing the UNIT into foreclosure, she abandoned her interest and waved her right to this UNIT. SVENSON intentionally defaulted in every legal action involving her interest and right to this UNIT. She deliberately wasted and injured this UNIT and any equity in it she could have disappeared. She has no stake in it now and uses it as toll to harm KRICHEVSKY and unit owners. KRICHEVSKY no longer able and desires to hold and use the property in common with SVENSON and is entitled to an order partitioning the premises. Now, the sale of the UNIT for a reasonable price is impossible due to loss of equity in it, and it is "under water." If the UNIT is sold today, KRICHEVSKY will lose his interest and money invested in this UNIT. Actions of SVENSON brought about the following negativities that affect the price and ability to sell the unit, which is: slander of title, clouded title, numerous liens, difficulty for prospective buyers to obtain a mortgage, and OCEANA initiated additional foreclosure of the unit. Because SVENSON is literally acting as a "monkey on the back" of KRICHEVSKY, he is unable to care for or save this UNIT from the future imminent foreclosure by the banks or OCEANA. SVENSON, having an income and funds is not planning to settle her debts with OCEANA and KRICHEVSKY. SVENSON's actions have made partition appropriate and necessary.

No settlement between the parties has ever been discussed and the property remains titled in the names of KRICHEVSKY and SVENSON. 13. The following averments in NINETEENTH CAUSE OF ACTION Torturous interference with the contract are admitted by SVENSON: At the time of the unlawful acts of the defendants, SVENSON and KRICHEVSKY, as partners, were parties to a valid contract with OCEANA and/or COOPER which provided that COOPER and/or OCEANA perform several services to the UNIT, SVENSON and KRICHEVSKY in exchange for their payment for such services to COOPER and/or OCEANA, which payment called common charges. All of the defendants either knew of the existence or, under the circumstances, should have known of the existence, of that contract. At the time of the commission of the earlier-mentioned tort, conversion, SVENSON, EDELSTEIN and KOTLYAR unlawfully excluded KRICHEVSKY from rent money due to him from the UNIT. This, in turn, torturously and directly interfered with KRICHEVSKYs ability to pay common charges, as well as gain and profit from the rent. As a direct and proximate result, KRICHEVSKY was induced to breach his contract performance with COOPER and/or OCEANA. KRICHEVSKY was informed by OCEANA and verily believes that neither SVENSON, nor EDELSTEIN and KOTLYAR ever contributed any money towards common charges of the UNIT. As such, SVENSON, EDELSTEIN and KOTLYAR intentionally induced breach of KRICHEVSKYs contract performance by refusing to pay common charges either to KRICHEVSKY, or themselves to COOPER and/or OCEANA, even though they had the ability and duty to pay under 339-kk of the New York State Real Property Law. KRICHEVSKY filed an order to show cause in Kings County Supreme Court to compel defendants SVENSON, EDELSTEIN and KOTLYAR to turn over rent money to KRICHEVSKY in order for him to pay common charges. SVENSON, EDELSTEIN and KOTLYAR maliciously opposed and became in contempt of court by not following courts order to jointly pay $8000 into an escrow account. KRICHEVSKY timely notified all of the defendants that he is unable to pay common charges to COOPER because he was excluded from KRICHEVSKYs share of rent. SVENSON as partner and fiduciary of KRICHEVSKY, intentionally and maliciously breached partners contract with COOPER and/or OCEANA by not paying common charges even though she had an ability and duty to pay. The debt that SVENSON intentionally and maliciously created by the breach of the contract with COOPER and/or OCEANA, including damages to them, is not dischargeable in bankruptcy court. Therefore, her bankruptcy discharge is VOID and she should indemnify KRICHEVSKY and pay the COOPER and/or OCEANA compensation, including damages to them.

SVENSON, EDELSTEIN and KOTLYAR are jointly and severally liable to KRICHEVSKY in addition to COOPER and/or OCEANA and should contribute and recover KRICHEVSKY by paying the COOPER and/or OCEANA compensation, including damages to them. CONCLUSION 14. KRICHEVSKY is entitled to the default and default judgment as a matter of law.

Wherefore, KRICHEVSKY moves this Honorable court for the following relief: (a) issue an order to deem the averments in THIRD, SEVENTH, EIGHTH and NINETEENTH causes of action admitted. (b) order the clerk of court to enter default and/or default judgment on liability against SVENSON. (c) order SVENSON to provide accounting to KRICHEVSKY. (d) order clerk of court to issue subpoenas to money transfer company RIA and other banks in which SVENSON had or has an account; (e) order clerk of court to issue subpoenas to SVENSONs partners in Account Receivables. (f) issue declaratory judgment awarding KRICHEVSKY 100% ownership interest in the UNIT; (g) schedule an evidentiary hearing and inquest on damages of THIRD and NINETEENTH causes of action waste and torturous interference with contract. Dated: Brooklyn, New York July 16, 2013 ______________________________ Michael Krichevsky, Pro Se