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

33343/2008 MICHAEL KRICHEVSKY, Plaintiff, NOTICE OF CROSS -againstMOTION TO DISQUALIFY FOR ELENA SVENSON, VICTORIA EDELSTEIN & BORIS FRAUD UPON THE KOTLYAR, COURT AND CONFLICT Defendants. OF INTEREST _____________________________________________________ Justice Hon. Bert Bunyan

C O U N S E L O R S: PLEASE TAKE NOTICE, that upon the annexed affidavit of MICHAEL KRICHEVSKY, Pro Se, affirmed to the 21 day of February, 2011, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move before this Court at Motion Trial Term 8 at the Courthouse located at 360 Adams Street, Brooklyn, New York on the 2 day of March, 2011 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard: For a judgment declaring that Nickolas Ratush, Esq., attorney for defendants VICTORIA EDELSTEIN and BORIS KOTLYAR is disqualified from their representation due to fraud upon the Court and conflict of interest, for sanctions against Mr. Ratush, and for such other and further relief as to Interest Of Justice and this Court seems just and equitable, including the costs of this motion. The above-entitled action is for equitable relief and personal injuries. This action is not on the trial calendar. TAKE FURTHER NOTICE that, pursuant to Section 2214(b) of the Civil Practice Law and Rules, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion.

Dated: Brooklyn, New York February 21, 2011 ______________________________ Michael Krichevsky, Pro Se All rights reserved 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300

NICHOLAS RATUSH, Esq Attorney for Defendants EDELSTEIN and KOTLYAR 299 Broadway, Suite 605 New York, New York 10007

ELENA SVENSON, Pro Se 2620 Ocean Pkwy, Apt. 3K Brooklyn, NY 11235

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. 33343/2008 MICHAEL KRICHEVSKY, Plaintiff, -againstELENA SVENSON, VICTORIA EDELSTEIN & BORIS KOTLYAR, Defendants. _____________________________________________________ AFFIDAVIT IN SUPPORT OF MOTION TO DISQUALIFY

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 motion to disqualify NIKOLAS RATUSH, ESQ. from representing defendants EDELSTEIN and KOTLYAR due to fraud upon the court and conflict of interest between parties to this action. 2. This action is deeply rooted on conflict of interest between defendant SVENSON as co-owner of the condominium located at 120 Oceana Drive West, apt 5D in Brooklyn, New York (UNIT) against codefendants EDELSTEIN and KOTLYAR as tenants from one side, and plaintiff KRICHEVSKY as co-owner of UNIT against all of the defendants who represented by same lawyer, RATUSH. 3. On or about July 2008, defendants EDELSTEIN and KOTLYAR, while been a month-to-month tenants, denied plaintiff right and access to inspect his UNIT.

4.

To recover control and ownership rights of the UNIT, KRICHEVSKY and SVENSON initiated holdover proceeding by hiring attorney ROBERT ROSENBLATT, ESQ. on August 18, 2008.

5.

Attorney YORAM NACHIMOVSKY, ESQ. represented defendants EDELSTEIN and KOTLYAR by answer with counterclaim October 20, 2008, Exhibit A.

6.

Simultaneously he represented SVENSON as petitioner against petitioner KRICHEVSKY, while both petitioners were represented by attorney ROSENBLATT, ESQ.

7.

It was not until recent time that KRICHEVSKY finally connected all dots in this case consistently with his prior allegations in his complaints that alleged concert of action by all defendants.

8.

At the beginning of this case, Mr. RATUSH was officially working for Mr. NACHIMOVSKY as seen on his fax cover sheet to Mr. ROSENBLATT on December 23, 2008. Through this fax, Mr. RATUSH sent to Mr. ROSENBLATT stipulation to discontinue holdover proceeding that he prepared for SVENSON, Exhibit B.

9.

Having counter claims against SVENSON as attorneys for defendants EDELSTEIN and KOTLYAR on one hand, and discontinue action against them as attorneys for SVENSON on the other is outrageous conflict of interest.

10.

In addition, NACHIMOVSKY simultaneously represented SVENSON against KRICHEVSKY in Kings County Family Court.

11.

There, NACHIMOVSKY advised and represented SVENSON in false Family Offence Petition, which was withdrawn during hearing by

NACHIMOVSKY and dismissed. 12. After I learned about all this misconducts by NACHIMOVSKY, I asked Mr. ROSENBLATT to file motion to disqualify Mr. NACHIMOVSKY for conflict of interest. 13. Few days later, Mr. ROSENBLATT told me that this would not be necessary as Mr. NACHIMOVSKY dropped representation of SVENSON, EDELSTEIN, and KOTLYAR. Attached as Exhibit C, proof of my allegations. 14. Particularly, Your Honor can see fax cover sheet from office of NACHIMOVSKY to ROSENBLATT where Mr. RATUSH stipulates with ROSENBLATT: Dear Mr. Rosenblatt, This is to confirm our conversation today with Mr. Nachimovsky. Please take notice that we no longer represent Mrs. Svenson, Mr. Kotlyar, or Mrs. Edelstein in connection with both Supreme and Civil Court actions brought by your client. This will also confirm that you will not move for a default against Mr. Kotlyar and Mrs. Edelstein in either action at least until February 25, 2009 and allow them time to retain new counsel. If you have any questions, please do not hesitate to contact us. , 15. RATUSH acted against KRICHEVSKY not as a lawyer, but rather as a con man. 16. From the first time that KRICHEVSKY as Pro Se met RATUSH in Kings County Civil Court in October of 2010, RATUSH represented to KRICHEVSKY that he is off counsel to another attorney, HERBERT. MAREK, ESQ., who represents EDELSTEIN and KOTLYAR.

17.

RATUSH and/or MAREK committed legal malpractice against his/ their own clients, EDELSTEIN and KOTLYAR, by not advising them to deposit rent money into escrow account until Your Honor will have opportunity to rule on this issue as per OSC filed in April 2010, by my former attorney Daniel Singer, ESQ.

18.

Even after my former attorney, Daniel Singer, Esq., at my request advised RATUSH of this escrow issue, he still refused to advice his clients.

19.

RATUSH failed to advise his clients about stipulation worked out by Your Honor to pay $1000.00 to KRICHEVSKY and instead engaged EDELSTEIN and KOTLYAR in contempt of court by not paying said amount and continue litigation in contempt against KRICHEVSKY.

20.

This default and contempt came in concert with defendants SVENSON contempt of the court for not paying $7000.00 she stipulated to pay.

21.

Accordingly, all attorneys fees from all of the defendants were sucked away by NACHIMOVSKY firm harming KRICHEVSKY and creating unpredictable, senseless litigation.

22.

Needless to say that defendants EDELSTEIN and KOTLYAR spent more money in attorney fees to litigate this issue than this $1000.00 RATUSH stipulated they would pay.

23.

That fact shows that RATUSH had several things on his mind while in front of the court: a) he did not have any authority to enter stipulation; b) he did not intend to settle; c) he did not tell his clients; d) he acted under directive of his clients who intentionally became in contempt of court.

24.

In any of the above-mentioned scenarios, RATUSH committed fraud upon the court as officer of the court and must be disqualified and sanctioned.

25.

I could go on and on, but for the sake of saving courts time and effort, I further say not.

WHEREFORE, it is respectfully requested that this 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 motion. X________________________________ MICHAEL KRICHEVSKY, Pro Se

Sworn to before me this ___ day of February, 2011 _________________________ NOTARY PUBLIC

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. 33343/2008 -----------------------------------------------------------------

MICHAEL KRICHEVSKY, Plaintiff,

-against-

ELENA SVENSON, VICTORIA EDELSTEIN & BORIS KOTLYAR, Defendants.

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___________________________________________________

NOTICE OF CROSS MOTION, SUPPORTING AFFIDAVIT ___________________________________________________ Michael Krichevsky, Pro Se 4121 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300