SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO.

24714/10 MICHAEL KRICHEVSKY, Plaintiff, NOTICE OF CROSS MOTION TO DISQUALIFY AND FOR YONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, DEFAULT JUDGMENT ESQ., ELENA SVENSON, Justice ______________ Defendants. Oral argument is not _____________________________________________________ requested -against-

COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed affidavit of Michael Krichevsky, affirmed to the 4th day of January, 2011, an upon all the pleadings and proceedings heretofore had herein, the undersigned will cross move before this Court at an IAS Part at the Courthouse located at 360 Adams Street, Brooklyn, New York on the 14th day of January, 2011 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard: For an order pursuant to Section 3215 of the Civil Practice Law and Rules directing the entry of judgment upon default in favor of plaintiff and against the defendant LEVORITZ, on the issue of liability and setting the matter down for an inquest as to damages, for an award of costs, disbursements and reasonable attorney's fees to abide this cross motion, and for such other and further relief as to this Court may seem just and proper. The above-entitled action is for personal injuries, money damages, and declaratory relief. This action is not on the trial calendar.

Dated: Brooklyn, New York January 4, 2011 ___________________________________________ Michael Krichevsky, Pro Se, All Rights Reserved. 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300

L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. Attorneys for LEVORITZ 1001 Franklin Ave, 3rd Fl. Garden City, New York 11530 YORAM NACHIMOVSKY, Esq Defendant Pro Se 299 Broadway, Suite 605 New York, New York 10007 ELENA SVENSON Defendant Pro Se 2620 Ocean Prwy Apt 3K Brooklyn, New York 11235

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. 24714/10 MICHAEL KRICHEVSKY, Plaintiff, -againstYONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants. _____________________________________________________ AFFIDAVIT IN SUPPORT

STATE OF NEW YORK COUNTY OF KINGS

ss.:

MICHAEL KRICHEVSKY, being duly sworn, deposes and says: 1. I make this affidavit in support of this cross motion for default judgment and to disqualify Defendants LEVORITZ law firm from representing defendant. 2. This is an action for personal injuries, money damages, and declaratory relief. 3. An amended complaint was served upon defendant LEVORITZ on November 22, 2010. 4. According to stipulation between parties, LEVORITZ attorneys had 30 days from November 22, 2010 to serve any reply, and none has been interposed until January 3, 2011. 5. On December 23, 2010 I received a letter via email (Exhibit A)from LEVORITZ attorney Candice Ratner stating that I was served on December 22, 2010, which is a lie. 6. Envelope in which the motion to dismiss arrived stamped with date December 23, 2010, (Exhibit B). 7. This proves that defendants LEVORITZ motion, which was due by December 22,

2010, was not served upon me on December 22, and is at least 1 day late and I reject it. 8. My former employer, HARLAN WITTENSTEIN, ESQ. was or is involved in a lawsuit in SUPREME CORT COUNTY OF NASSAU titled DAVID BYTHEWOOD, ESQ. v. HARLAN WITTENSTEIN (Exhibit C), and I am, as employee, the witness in this case. His case started before this one. 9. Mr. WITTENSTEIN was/is represented by the same law firm L'Abbate, Balkan, Colavita & Contini, L.L.P. that defendant LEVORITZ is represented in this action. 10. I plan to call Mr. WITTENSTEIN as my witness against defendants. 11. I do not think that Mr. WITTENSTEIN will fill comfortable been rivalry deposed by his own attorneys about me, not to mention that he could off leaked already some information about my employment during discussions of his personal action mentioned above. 12. Plaintiff is surprised and his intelligence insulted by NICKOLAS RATUSH, ESQ., who is named in this action as witness, but decided to illegally represent defendant NACHIMOVSKY, who is his employer and puppeteer as per complaint. 13. This conduct proves that my allegations and facts regarding corrupted behavior of defendants are true. 14. Current legal action, inter alia, is rutted on conflict of interest between corrupted attorneys-defendants, their clients, gross neglect of Attorney Code of Professional Responsibility and violation of Ethics. 15. Plaintiff will not tolerate any impropriety or appearance of impropriety that might jeopardize or obstruct justice and due process in this action. 16. Based upon the foregoing, I have a meritorious cause of action. WHEREFORE, it is respectfully requested that this cross motion be granted in its

entirety, and for such other and further relief as to Interest of Justice and this Court seems just and proper, including the costs of this cross motion.

Under penalty of perjury X____________________________________________ MICHAEL KRICHEVSKY, Pro Se, All Rights Reserved

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. 24714/10 MICHAEL KRICHEVSKY, Plaintiff, -againstYONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants. _____________________________________________________ STATE OF NEW YORK) ) SS: COUNTY OF KINGS ) SEMYON FURMANOV, being duly sworn, says: 1. I am not a party to the action; I reside in Brooklyn, and I am over 18 years of age. 2. On the ____ day of January, 2011, I served the within Notice of Cross Motion to Disqualify and for Default Judgment together with Supporting Affidavit, by depositing true copies thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. 1001 Franklin Ave, 3rd Fl. Garden City, New York 11530 YORAM NACHIMOVSKY, Esq. 299 Broadway, Suite 605 New York, New York 10007 ELENA SVENSON 2620 Ocean Pkwy Apt 3K Brooklyn, New York 11235 ______________________________ SEMYON FURMANOV Sworn to before me On January , 2011 AFFIDAVIT OF MAIL SERVICE

_______________________ NOTARY PUBLIC

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. 24714/10 -----------------------------------------------------------------

MICHAEL KRICHEVSKY, Plaintiff,

-against-

YONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants.

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___________________________________________________

NOTICE OF CROSS MOTION TO DISQUALIFY AND FOR DEFAULT JUDGMENT, SUPPORTING AFFIDAVIT ___________________________________________________

Michael Krichevsky, Pro Se, All Rights Reserved. 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300