[X]_ IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA [ ] INTHE COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA, IVIL DIVISION GIL ACTION SUMMONS CASENO. Personal Service on a Natural Person (En Espanol al Dorso) (Francais Au Verso) 'O ~ 4.57 6 PLAINTIFFS), ‘VS. DEFENDANTS) CLOCK IN VLADIMIR MALAKHOV MICHAEL D, COBEN alk/a MICHAEL D. HACKING, an individual To Defendant: MICHAEL D. COHEN aia MICHAEL D. COHEN alka MICHAEL D, HACKING MICHAEL D. HACKING 608 5” Avenue, Suite 300 or 502 Park Avenue, Apt. 10-A New York, NY 10020 New York, NY 10022 A Tawault has been filed against you. You have 20 calendar days afer this summons is served on you to lea ‘writen response to the attached Complaint with the clerk of this court. A phone call will not protect you; your ‘written response, including the case number given above and the names of the parties must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an sttorney right away. If you do not know an attorney, you may calla attorney referral service ors legal aid office (listed in che phone book). If you choose to file @ written response yourself, at the same time you file your written response to the Court, located at: Dade County Courthouse 73 West Flagler Street Miami, Florida 33130 Additional Court locations are printed on the back of this form. ‘You must also mail or take @ copy of your written responses to the "Plaintif/Pl ifs Attorney" named below. PlaintifPlaintiff Attorney ‘Address: 1260 SunTrust International Center GARY W. POLLACK, ESQ. One S.E. Third Avenue Miami, Florida 33131 Tel FO THE STATE OF FLORIDA ‘TO EACH SHERIFF OF THE STATE: You are commanded to serve this Sumnmons and a copy of the Complaint in this lawsuit on the above named defendant. HARVEY RUVIN Court Seat DATE ERK CLERK OF COURTS CALEBRA SUTTON BY: DEPUTY CLERKJMPORTANTE ‘Usted ba sido demandad fgshmente, Tene 20 das comes apart del eibo dest nalfescion para conoear fa dersnd agin or set, presenta ate ete buna, Una lado tellonics ne proteper,. Si ated dete quel tein onsite sv defense, be rset surespuesta por escrito, acuyendo el numero de caso y los nombres dls pares inesesadas. Siusted no contd dada "Bmpo,padiese perder el eas y poi ser desplaco dss ingress ypropecads, 0 privado do sus derecho, sn previo wi del banal Existen ots rouisis lanes. Sie dee, puedo sted consular ait sogadoinvweisoment,” Sho cme an abogado, puedo ar & ls dels ofenas de sisecl egal sarencen ent ul elton, ‘Si does responder a demands por su ceet, a sme impo en qu resents respuest anes el ibn, deere uted evie pr corto 0 cetrogar ura copa dou respuesta «fa perene demoninada sao camo linifVPain Atle (Demandane 0 Abogado dsl Demand), IMpoRTANT ‘Ds poursuts utiles ont sl enters conte vou. Vou ev 20 jours conecaif pac a date de Fssgnation belie ction ur poser ne reponse este a plain cit pres de coibunl. Un snp coup de eepioeet insist pour our proves. Vous els ‘lige de depeser vets repane oe sve meron dram de dori ests el Bu nam de partes namie ll l vous scukeke2 que le tebunal entende vote case Si vous ne depeser pas vole reponse ect dan le dell eqs, yous risque de pero la cause al qc vero Salle, yore age et os blens puter olf sles pat asl, sans sue pesvs arr du bonal. ya avo, ons pouic lephaer ‘tansevica de lance avocal ou ews bub dasitnesjuridcus (iguana annus deteeghone) ‘i vous coleser de depoervout mame ane repent ers, vos lade egalerent, en met emp que cele format, nr paver oo ‘eapoiler une cele de vor reponse exe a "iaifUPainit Atorney” (lignan cu oso aoc) nome c-Sessos COURT-FACILITY. LOCATIONS ‘eseph Celeb Center 20) Coal Gables Dist Court 28) own 208 5100 Pore ée Leen Biv S400NNW 22 Avene (Coat Gabi, FL 3134 ‘Miami, FL 33142 isles Discs Cou 2) 8. Dade Government Caer (20) S55W 4 Aveme loniaswait see Fiala, FLS3010 Mian, FL33169 ADDITIONAL COURT LOCATIONS North Dade Susie Cote (23) Homestead Distt Court (27) oom 100, TISNE I Road 15555 Biseayne Bhd Homestead FL 32000 Miami, FL Mimi Beach Dist Cour 24) ‘Sweeter Branch Ofce Room 224 500 SW 109 Avenae 1130 Washington Avenue Syrestaie, FL 33174 Miami Back, FL33139 1m sosordane withthe Amerioane wih Disbiies Act of 1990, pers nesclng epi! accomodation to participate in this preceding should ‘copie Els. Petigew athe Dade County Courthouse, 7 West Flagler See, Man, Flora 33130, no Ine than 7 dys porto te proceeding a (305) 378-2006 (Voie, (305) 375.2007 (TOD),IN THE CIRCUIT COURT FOR THE 41™ JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION, CASE NO. VLADIMIR MALAKHOV, po-a4576 CA 8 Plaintiff, vs. MICHAEL D. COHEN alk/a MICHAEL D. HACKING, Defendants. DEMAND FOR JURY TRIAL Plaintiff, VLADIMIR MALAKHOY, by and through his undersigned atiomey, demands trial by jury on all issues to triable. Respectfully submitted, GARY W. POLLACK, P.A. Attomeys for Plaintiff 4260 SunTrust International Center One Southeast Third Avenue Miami, Florida 33131-1714 Telephone (305) 373-9676 Telefax (305) 373-9679 ‘email: hopeylaw2 RY W-POL Florida Bar No. 313114IN THE CIRCUIT COURT FOR THE 44™ JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION VLADIMIR MALAKHOV, an individual CASE NO. Plaintiff, H0-R4575 CA vs. MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, an individual. Defendant / OMPLAINT COMES NOW Plaintiff, VLADIMIR MALAKHOV, by and through his undersigned counsel, hereby sues Defendant, MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, and alleges as follows: PAI JURISDICI vel 1. This is an action for damages where the matter in controversy exceeds the sum of $15,000, exclusive of interest, costs, and attomey’s fees resulting from injury caused to the Plaintiff in Miami-Dade County, Florida. 2. Plaintiff Viadimir Malakhov is a resident of Miami-Dade County, Florida, and was sui juris at all times relevant to this Complaint. 3. Plaintiff Viadimir Malakhov is a Defendant in the Miami Dade County Circuit Case No. 06-01330 CA 26, titled Julia Fomina v. Nestscheret et al. (hereinafter ‘the ‘Fomina Lawsuit"). Page 1 of 18 Gary W. Pollack, P.A. 1200 SunTrust] Center * One SE. Third Ave © Miami, Florida 31311714 Tel @08) 378.067642. Michael D. Cohen knowingly acquired money from Plaintiff, a resident of Miami-Dade County, Florida, and has failed to account for these funds to said resident (instant Plaintiff) of Miami-Dade County, Florida. 43. The Check for three hundred and fifty thousand dollars ($350,000.00) clearly indicated that the maker was a resident of Miami-Dade County, Florida, and that the funds were being drawn from a bank account in Miami-Dade County Florida. 14. Because Michael D. Cohen knew that he was dealing with a Florida resident, he was aware that his tortious actions would have an impact in Florida. 45. Michael D. Cohen's act of depositing Viadimir Malakhov's check caused Mr. Malakhov's Flotida bank to issue a report of the account balance to Mr. Malakhov in Miami-Dade County, Florida, which indicated that the funds had been withdrawn from Mr. Malakhov’s Florida bank account. 46. Through Michael Cohen’s course of dealings with residents of the State of Florida, he has sufficient minimum contacts with the state of Florida to establish personal jurisdiction, and the exercise of the 11" Judicial Circuit Court's jurisdiction over him comports with due process in alll respects. 17. Jurisdiction and venue are also proper in Miami-Dade County pursuant to Florida's long-arm statute, Fla. Stat. §§ 48.193. LEC 48. Julia Fomina provided a mortgage and security agreement over her condominium to Ludmila Malakhova, Plaintiff Vladimir Matakhov's wife, in exchange for Page 8 of 18 Gary W. Pollack, P.A. 1260 SuusTrost Intl Centers» One S.E. Third Ave. Miami, Mlorida 88181-17142 Te. (205) 873-9676a loan of three hundred and fifty thousand dollars ($350,000.00) from Vladimir Malakhov. 49. Julia Fomina directed Viadimir Malakhov to tender payment of the loan funds to Michael D. Cohen's trust account. 20. Vladimir Malakhov complied with Plaintiffs instructions and sent a check to Michael D. Cohen. 21. Subsequent to Vladimir Malakhov tendering payment of the three hundred and fifty thousand dollars ($360,000.00), Julia Fomina defaulted on her loan repayments. 22. Ludmila Malakhova filed a foreclosure action against Julia Fomina, which was settled by way of Julia Forina executing a Quitclaim Deed for her Miami Beach condominium, which was security for the loan, in favor of Ludmila Malakhova. 23. Julia Fomina, in the Fomina Lawsuit, alleges claims for Fraud, Civil Conspiracy, and Civil Theft against the Plaintif, because Julia Fomina swears under oath that she never received the three hundred and fifty thousand dollars ($350,000.00) sent to Michael D. Cohen. 24. Michael D. Cohen admits that he endorsed and deposited the check for three hundred and fifty thousand dollars ($350,000.00) into his attorney trust account. 25. Michael D. Cohen has refused to account for the disbursement of the three hundred and fifty thousand dollars ($350,000.00) from his trust account. Page 4 of 13 Gary W. Pollack, PA. 1260 SuuiTrust Intl Cemer © One SLE. Third Ave. Miami, lorida 89181-17142 Te, 05) 278-967626. Plaintiff did not discover Michael D. Cohen’s tortious actions until Michael Cohen's deposition was taken in September of 2007. 27. Based upon Julia Fomia’s sworn testimony, it was Michael D. Cohen's tortious acts that directly caused Plaintiffs lawsuit, which has been ongoing in Miami- Dade County for over four (4) years. 28. Even with the exercise of due diligence, Michael D. Cohen's tortious actions giving rise to the claims herein could not have been discovered by Plaintif Viadimir Malakhov, since he had no reason to suspect that his funds were never remitted to Julia Fomina until he was added as Defendant in the Fomina Lawsuit in 2007 and the deposition of Michael Cohen was subsequently taken. 29. Michael D. Cohen's actions in failing to account for the funds, failing to create and maintain proper trust records, and/or improperly disbursing and/or retaining the funds caused Plaintiff's delayed discovery of Michael D. Cohen's tortious acts. 30. Michael D. Cohen's tortious acts were not discovered, and could not have been discovered, until his deposition was taken in the above styled case, on September 417, 2007. COUNT 4: FRAUD Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 31. This is a claim for fraud. 32. Michael D. Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account. Page 5 of 18 Gary W. Pollack, PA. 1950 SunTrust Ine Carter One SF. Third Ave. c Mia, Florida 88181-17140 Tel, 805) 878-067633. Michael Cohen knew that his attorney trust account was regarded with special expectations of reliability and trustworthiness. 34. Upon information and belief, Michael D. Cohen made false representations as to how he would disburse these funds from his attorney trust account, and that the funds would be disbursed for the purpose for which they were issued. 35. Upon information and belief, Michael D. Cohen made false representations when he failed to comply with instructions by the party entitled to these funds as to how the funds were required to be disbursed. 36. Upon information and belief, Michael D. Cohen made false misrepresentations when he intentionally omitted the material fact that he would not disburse the funds to Julia Fomina. 37. Further, as a fiduciary holding funds in trust, Michael D. Cohen's silence and/or failure to disclose information regarding the disbursement of the trust funds constitutes fraudulent concealment. 38. Upon information and belief, Michael D. Cohen acted with reckless. disregard for the truth, 39. Upon information and belief, Michael D. Cohen knew that his representations were false because he never intended to comply with the instructions for disbursement when he deposited the funds into his attorney trust account. 40. Michael D. Cohen's representations and actions were intended to induce Plaintiff into entrusting him with his money Page 6 of 18 Gary W. Pollack, PA. 1260 SustTruet nt Center One S.8. Thi Ave. © Miami, Florida 88131-1714 Te. (805) 878.967641. Michael D. Cohen’s representations and actions were intended to induce Plaintiff to refrain from further investigation as to whether the funds were disbursed for the purpose for which they were issued, 42. _ Plaintiff Viadimir Malakhov relied upon Michael Cohen's representations and actions to his detriment; to wit, he tendered three hundred and fifty thousand dollars ($350,000.00) to Michael D. Cohen, which are presently unaccounted for, and further relied that his loan to Julla Forina was remitted. 43. Plaintiff has been injured as a result of the fraud perpetrated upon him. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 2: BREACH OF F1 Y DUTY Plaintiff realleges and reincorporates each and every allegation in Paragraphs 4 through 30 above. 44, This is a claim for breach of fiduciary duty. 45, A fiduciary duty arose in Michael D. Cohen when he deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account. 46. _ Plaintiff depended upon Michael D. Cohen's trust account being a safe place for his funds. Page 7 of 18 Gary W. Pollack, P.A. 1260 San Frost In Center One SE. Third Ave © Miami, Fords 89181-4714 Tet, 805) 978-967647. Michael D. Cohen breached his fiduciary duty to Plaintiff by failing to disburse the funds from his trust account as directed and/or misusing the funds, and/or converting the funds, and/or losing the funds. 48. — Michael D. Cohen breached his fiduciary duty by failing to disclose his trust records and failing to account for the funds. 49. Michael D. Cohen breached his fiduciary duty by failing to comply with applicable regulations governing his trust account. 50, Michael D. Cohen's breach of fiduciary duty was the direct and proximate cause of Plaintiff's damages in the amount of three hundred and fifty thousand dollars ($350,000.00) WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars (350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 3: NEGLIGENT MISREPRESENTATION Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 51. This is a claim for negligent mistepresentation. 52. Michael D. Cohen negligently misrepresented how he would disburse the funds from his attorney trust account and/or negligently failed to comply with instructions by the party entitled to these funds as to how the funds were required to be disbursed. Page 8 of 13 Gary W. Pollack, P.A. 1260 SunTrust Ine Conter& One S.E. Third Ave. Miami, Florida 88131-17142 Teh. 06) 373-967653. — Michael D. Cohen either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false. 54, Michael D. Cohen intended to induce Plaintiff to act on the misrepresentation. 55. Plaintiff acted in justifiable reliance upon the misrepresentations, by tendering payment of three hundred and fifty thousand dollars ($350,000.00) to Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. GOUNT 4: CONVERSION Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 56. This is an action for conversion. 87. Michael D. Cohen took and converted three hundred and fifty thousand dollars ($350,000.00) from Plaintiff with the intent to exercise an ownership over the funds inconsistent with the real owner's right of possession 58. Plaintiff has demanded return of his money, and/or demand would be futile, as Michael D. Cohen has stated that he no longer has possession of these funds. Page 9 of 18 Gary W. Pollack, P.A, 1260 SunTrust inet Comers One SIE. Third Ave. c Miami, Florida 38191-1714 Tel. (05) 878-9676WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 5: UNJUST ENRICHMENT Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above, 59. This is an action for unjust enrichment. 60. Plaintiff conferred a benefit upon Michael D. Cohen, who had knowledge of the benefit at the time it was conferred. 61. Michael D. Cohen knowingly accepted and retained the conferred benefit. 62. Under the circumstances, it would be inequitable for Defendant Michael D. Cohen to retain the conferred benefit unless Defendant pays Plaintiff the value of the conferred benefit. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 6: CONIMON LAW INDEMNITY Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above. Page 10 of 13 Gary W. Pollack, B.A. 1260 SunTrust ln Center One $B. Third Ave © Minn, Florida 38131-1714 Tel, 808) 378.967663. This is an action for common law indemnity. 64, When Michael D, Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account, a special fiduciary relationship was formed between Plaintiff and Defendant. 65. Michael D. Cohen had a duty to tender the funds to Julia Fomina. 86. According to Julia Fomina’s swom testimony, Michael D. Cohen never remitted the funds to her, which was the direct and proximate cause of Julia Fomina suing Plaintiff, Vladimir Malakhov, in the Fornina Lawsuit. 67. Vladimir Malakhov is without fault because he did, in fact, tender the loan funds. 68. Julia Fomina is holding Vladimir Malakhov liable due to the wrong doing of Michael D. Cohen. 89. Michael D. Cohen must indemnify Viadimir Malakhov for any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit. 70. Vladimir Malakhov has incurred thousands of dollars in attorney's fees and costs in the Fomina Lawsuit, proximately due to Michael D. Cohen's wrong doing, and he is entitled to recover said fees and costs from Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in an amount equal to any judgment which may be obtained against Viadimir Malakhov in the Fomina Lawsuit, and the reasonable attomey's fees and costs incurred by Viadimir Malakhov in defending Page 11 of 13 Gory W. Pollack, P-A. 1260 SunTrust Incl Center ® One $8. Third Ave. Miami, Hovida 8181-1714 % Tel. (05) 878.9676himseff in the Fomina Lawsuit, along with any pre-judgment interest, attomey’s fees and costs, and for any other relief this Court deems just and proper. OU! ED INI Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above. 71. This is an action for implied indemnity. 72. Julia Fomina’s Second Amended Complaint in the Fomina Lawsuit imputes liability to Vladimir Malakhov because he authored a Check for funds which Julia Fomina claims, under oath, were never tendered to her. 73. When Michael D. Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintif's money into his attomey trust account for the purpose of forwarding said funds to Julia Fomina, a special fiduciary relationship was formed between Plaintiff and Defendant. 74, Michael D. Cohen breached his special duty to Vladimir Malakhov by failing to disburse the funds to Julia Fomina and/or misusing the funds, and/or converting the funds, and/or losing the funds. 75. Michael D. Cohen has also breached his fiduciary duty by failing to disclose his trust records and failing to account for the funds. 76. Further, Michael D. Cohen breached his fiduciary duty by failing to comply with applicable regulations governing his trust account, Page 12 of 13 Gary W, Pollack, P.A. 1360 SurTrast Inet Center © One SE. Third Ave. © Miami, Florida 38131-17142 Tel. (805) 378.967677. — According to her sworn testimony, Julia Fomina's injuries in the Fomina Lawsuit (the non-receipt of funds) resulted from the same actions that breached Michael D. Cohen's special duty to Viadimir Malakhov. 78. — Julia Fomina holds Viadimir Malakhov liable for her injuries resulting proximately from Michael D. Cohen's wrong doing. 79. Michael D. Cohen must indemnify Viadimir Malakhov for any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit. 80. Vladimir Malakhov incurred thousands of dollars in attorney's fees and costs in the Fomina Lawsuit proximately due to Michael D. Cohen's wrong doing, and should recover said fees and costs from Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in an amount equal to any judgment which may be obtained against Viadimir Malakhov in the Fomina Lawsuit, and the reasonable attorney's fees and costs incurred by Vladimir Malakhov in defending himself in the Fomina Lawsuit, along with any prejudgment interest, attorney's fees and costs, and for any other relief “ie deems just and proper. Bi cay oH cc , 2000. GARY W. POLLACK, P.A. Attorneys for Plaintiff 1260 SunTrust Intemational Center One Southeast Third Avenue Miami, FL_ 331) Respectfully submitted this Page 13 of 13 Gary W. Pollack, P.A. 1960 SunTrust nel Center One SE. Third Ave. © Mina Florida S8131-1714Tel (808) 372.9676EXHIBIT A‘cava, FeoeR gums Pen 1082 VLADIMIR HALAKHOV ; 1 gave, 8 Sera Be CaS) t ERGY leben, ae Tha, FW novand andere mommy YEE SABE Ss Gee i van Coney 200 Wr 58 Seat ‘owt MY 20018 pena! 1a B20 eo lob tw WEBEOBESEWE | BLOLANTAISR SSSseRE SS Regmeesta 08-22-99 u aavic chack . 1062 ioun 350000.00 145000629112