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Michael Krichevsky, sui juris

4221 Atlantic Ave


Brooklyn, NY 11224
718-687-2300

December24,2018by hand delivery and copy by certified mail

Judge Zhuo Wang


New York City Housing Court
141 Livingston Street, Room 502
Brooklyn, New York 11201

Re Index Number: 078015/18


Krichevsky vs. Kardyukova

Dear Judge Zhuo Wang:

In medicine and commerce, there is a doctrine and practice called 'preventive


maintenance'. In addition, there is a doctrine and a practice called 'risk management and loss
prevention' to prevent or minimize harm done to people by governmental or corporate employees.
With these thoughts on my mind, 1 am writing this letter to you before you rule on my order to
show cause.
1 believe it is still fresh in your mind that on December 20. 2018 hearing of my order to
show cause, attorney Vano 1. Haroutunian from Ballon Stoll Bader & Nadler, PC. made a sudden
and surprise appearance for the court and 1. Such appearance represents prohibited by law
unethical practice by attorneys called "trial by ambush," which I demonstrate further below.
You may recall. Judge Wang,that Mr. Haroutunian failed to bring with him Respondent
and any proof that Respondent retained him. It is common knowledge for his law firm founded in
1931, and therefore Mr. Haroutunian, as partner of the firm, knew or should have known that in
order to appear before the judge on the case he has to prove to court that his appearance authorized
by law. Appearance by Respondent and/or a copy of retainer between the Respondent and the law
firm would be a start to appear in court. Instead, Mr. Haroutunian did not bring Respondent and/or
signed retainer and pretended to be confused, incompetent attorney.
Nonetheless, this strategy worked and he managed to go on the record and argue the case
over my objection. His argument was based on deliberate misinformation that the bank foreclosed
on my property, and therefore 1 have no right to evict Respondent. This is why I demanded that he
be sworn and cross-examined by me as to the source of his alleged information. His argument and
misinformation have never appeared in this case as an affirmative defense or otherwise and by
operation oflaw is untimely, waived and was not in evidence. He should have never argued
because it is not true. His appearance added more "procedural mess'* to the "procedural mess" that
is already created by all involved against me. Noticeably, Mr. Haroutunian had enough time to
presumably investigate my litigation elsewhere, read all the paperwork in this case and interview
his alleged client "at length" according to him, but he did not have a chance to direct his paralegal
or secretary to notify me before December 20,2018 of his representation. Likewise, it is
unbelievable that none of his employees had a chance to make a copy of retainer agreement and
give it to him to bring to the court. As such,I conclude that Mr. Haroutunian,as a partner of his law
firm is competent in law, and therefore deliberately failed to timely notify the court and I of his
alleged representation with new argument. I conclude that he deliberately created "trial by
ambush" and baffled the court and me with this misinformation, which he did at least to me
because I was surprised and prejudiced. I was not ready for this argument and did not have with me
any documentary evidence to impeach attorney's testimony "upon information and believe."
Likewise, I was deprived of opportunity to cross-examine and impeach respondent because she
deliberately failed to appear in this court at every scheduled hearing -contrary to court's rules that
"parties must appear in court." This added more "procedural mess" to this litigation.
Enclosed, please find a certified copy of title to my property from City Register and a true
and correct copy ofthe letter dated December 18, 2018 sent to me by the mortgage servicer.
Evidently and contrary to misinformation by Mr. Haroutunian,these documents show that I am the
owner,the servicer did not foreclose on my property and, as of the date ofthis letter, considers me
a client and owner of subject to this litigation property.
Accordingly, in order to prevent any further harm to me by erroneous decisions and to
prevent further miscarriage ofjustice by the use of this misinformation, I request that enclosed
documents be entered as evidence into this case and that Mr. Haroutunian's unauthorized
appearance and arguments be stricken from the record as unauthorized practice of law.

With respect to Justice,


/I

Under duress, all rights reserved, Michael Krichevsky. sui juris


Enclosure

CC:
Ballon Stoll Bader & Nadler, PC
729 Seventh Ave.
New York, NY 10019
SELECT

SPS Portfolio
SEmCING,mc.

December 18, 2018


TO: Michael Krishevsky
4221 Atlantic Ave
Brooklyn, NY 11224 0000

RE: Loan Number Q.Q15293855


Property Address 120 W Oceana Dr W 5d
Brooklyn NY 11235
Dear Customer(s)

CHANGES TO YOUR MORTGAGE INTEREST RATE ON 02-01-19.

Your Adjustable-Rate Mortgage (ARM) is scheduled for an interest rate


adjustment on February 01, 2019, however your monthly payment amount
is not scheduled to change at this time.

! ! Current Rate ! New Rate !

! Interest Rate ! 4.66700% ! 4.76200% !

INTEREST RATE: We calculated your interest rate by taking a published "index


rate" and adding a certain number of percentage points, called the "margin".
Under your loan agreement, your index rate is 2.25167% and your margin is
2.51000%. Your index is 1 YEAR TREASURY CONSTANT MATURITY AVERAGE RATE
and is published MONTHLY BY THE FEDERAL RESERVE BOARD.

RATE LIMIT(S): Your rate cannot go higher than 10.05000% over the life of the
loan. ^

NEW INTEREST RATE AND MONTHLY PAYMENT: The table above shows your new
interest rate. Your required monthly payment, including interest and
applicable taxes and insurance, is not adjusting at this time and will
remain at $ 4,021.02. Your payment is scheduled to change on October 01, 2019

18352164003619010200
WARNING ABOUT AN INCREASE IN YOUR LOAN BALANCE: Your payment covers only
part of the interest and no principal. Therefore, the unpaid interest will
add to the balance of the loan. In order to fully pay off your loan by the
end of the loan term at the new interest rate, you would have to pay
$ 4,287.96.

PREPAYMENT PENALTY: None

If you have any questions or concerns, please contact our Customer Service
Department toll-free at 1-800-258-8602 for more information.
Representatives are available Monday through Thursday between the hours of
8 a.m. and 11 p.m., Friday from 8 a.m. to 9 p.m. and Saturday from 8 a.m.
to 2 p.m., Eastern Time.

Esta carta contiene informaci-n importance concerniente a sus derechos


For favor, h-gala traducir. Nuestros representantes bilingues est-n a
su disposici-n para contestar cualquier pregunta llamando al tel-fono
(800) 831-0118 y marque la opci-n 2.

This information is intended for informational purposes only


and is not considered an attempt to collect a debt.
•-AW996 028/CPI

18352164003619020200
K-116364

CERIWIED COPY
CITY OF NEW YORK
DEPARTMENT OF FINANCE
OEBICE OFIHE CITY BEGKTBEU KINGS COX}NTY

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THIS INDENTURE, made the 26th day of NOVEMBER, 2001 between


Brishton Two,LLC,a Delaware Ibnited tiabHity company, having offioea at 118-35Queens
Boulevard, Forest Hills. New York 11375(the "Grantor^), and MICHAEL KRICHEVSKY
AND ELENA 8VENS0N(AS HUSBAND AND WIFE)residlno at 2680 OCEAN PKWY.
APT.2M.BROOKLYN,NEW YORK 11236,(the "Grantee'^.

WlINESSglH

That the Grantor. In consideration ofTen Dollars($10.00)and other valuable


consideration paid by the Grantee, does hereby grant and release unto the Grantee,and
the heirs or successors and assigns ofthe Grantee,forever:

The Residential Condominium Unit (the "Residential Unit") in the


condominium known as Oceans Condominium No.Two(the"Condominium'^(comprised
of buildings known by the street numbers 120 Oceans Drive West and 130 Oceana Drive
West,Brooklyn, New York 11235,which Residential Unit is situated in the building known
as and by the street number SD Oceana Drive West. Brooklyn, New York 11235(the
"Building'7, said Residential Unit being designated and described as Residential Unit No.
120in that certain declaration dated February 15.2001, made by the Grantor under Article
9-B ofthe Real Property Law ofthe State of New York(the Condominium Act),establishing
a plan for condominium ownership ofthe Building and the land(the Land)upon which the
Building is situated (which Land is more particularly described on Schedule A annexed
hereto and by this reference made a part hereof, which declaration was recorded in the
Office ofthe Register ofthe City of New York,County of Kings(the City Register's Office),
on the 6th day of March, 2001, in Reel 5095, at page 1164(such declaration and any
amendments thereto being referred to hereinafter, collectively, as the Declaration); and
also as to the Residential Unit designated as Tax Lot 1246 in Block 8720 on the Tax Map
of the Real Property Assessment Department of the City of New York for the Borough of
Brooklyn and on the floor plans of the Building (the "Floor Plans"), certified by Peter
Ciaman, Architect, on the 20th day of March, 2001, and filed in the Real Property
Assessment Department ofthe City of New York on March 2.2C01 as Condominium Plan
No.804,and also filed in the City Register•s Office. County ofKings on March 2,2001.as
Condominium Map No. 5517.

TOGETHER with an undivided 1.08% interest in the(ktmmon Elements(as


such term Is defined in the Declaration)appurtenant to the Residential Unit

TOGETHER with the appurtenances and ail the estate and rights of the
Grantor in and to the Unit;

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IXX.l)MENTf2
Together with and subject to the rights,obligations, easements,restrjctlons
and other provisionssetforth in the Declaration and the Condominium By-LawsofOoeana
Condominium No.Two(including but not limited to the Rulesand Regulationsthereunder)
as such Declaration and Condominium By-Laws may be amended from time to time(said
Condominium By-Laws and any amendments thereto being referred to heretnafter,
cotledively, asthe Condominium By-Laws),all of which shati constitute covenants naming
with the Iwid and shall bind any and all persons having atany time any interestor estate in
the Unit(s), as though recited and stipulated at length herein;

Subjecttothe rights,obilgations,easements,restrictions and other provision


set forth In that certain Declaration made as of July 30.1898, by Alexander Muss & Sons,
which Declaration was recorded in the offioe of the Register of the City of New York,
County of Kings,on the 12"* day of January, 1999, in reel 4371,at page 652.
Subject to the rights,obligations,easements,reatrictkms and other provision
setforth in that certain Declaration of Covenants.Easementsand Restrictionsestabllshing
the Ooeana Homeowners Association, which Declaration of Covenants.Easements and
Restrictions(and the By-Lawsof the Ooeana Homeowners Association,including but not
limited tothe Rules and Regulations thereunder)was recorded in the offioe ofthe Register
of the City of New York. County of Kings,on the 26*^day ofJune,1999,in Reel 4512,at
page 190,all of which,together with any amendmentsthereto,shall constitute covenants
running with the land and shall bind any and all persons having any interest or estate In
any real property covered thereby including any Unit, as though recited and stipulated at
length herein.

Subject also to such other Bens, agreements, covenants, easements,


restrictions, consents and other matters of record as pertain to the Unit,tothe Land and/or
toJthe BuBding (the Land and Bulldtng being referred to hereinafter, coSectively. as the
property.

J ~. TO HAVE AND TO HOLD the same unto the Grantee, and the heirs or
successors and assigns of the Grantee,forever.

If any provision of the Declaration or the Condominium By-Laws is invalid


under,or would cause the Declaration or the Condominfum By-Laws to be insuffictent to
submit the Property to, the provisions of the Condominium Act, or If any provision that is
necessary to cause the Declaration and the Condominium By-I.aw8 to be sufficieni to
submit the Property to the provisions of the Condominium Ad is missing from the
Declaration orthe Condominium By-Laws,or ifthe Dedaration and the Condominium By-
Lawsare insuffteientto submitthe Property to the provisions ofthe Condominium Act.the
applicable provisions of the Declaration shaB control.
c
By accepting detivery of this Deed, the Grantee accepts and ratifies the
provisions ofthe Declaration and ttie Condominium By-Laws(including, but not limited to.
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v. kin.
any Ririas and Regulattons adopted under the Condontinium By-Laws) and agrees to
comply with ail the provisions thereof. ,
If the Unit Is a Residential Unit(aa such term is defined in the Declaration),
then exceptas otherwise specifically pemiftted bythe Condominium Board(as such term Is
defined In the Declaration)or provided in the Deciaiation orin the Condominium By-Lawe,
the Unit is intended for residential use only.
ff
if the Unit is a Parking Space Unit(as defined in the Declaration), ttien the
Unit may be used for parking one passenger motor vehide.

The Grantorcovenantsthatthe Grantor has notdone or suffered anything to


be done wherebythe Unit has been encumbered In any way whatever,exceptassetf^
In the Oedaratlofland the Condominium By-Laws(mid any Ridesand l^uiationsadopted
under the Condominium By-Laws). This covenant is for the pereonal benefit of the
Grantee only and cannot be assigned to or exercised by, and shal)notinure to the benefit
of.any other person orentity, including, but notlimited to, any insurer oftheGiantee-stitle
or any successor to the Grantee's interest

The Grantor,in compiiance with Sectron 13 of the Uen Law of the State of
New York, covenants that the Grantor wiH receive the consJdeiaticn for this conveyance
and wW hold the right to receive such consideration as a trust fund for the purpose of
paying the cost oftheimprovement and wdl applythe samefirsttothe paymentofthe cost
of the improvement before using any part ofthe same for any other purpose.
This conveyance Is made in the regular course of busineas actually
conducted by the Grantor.

The terms "Grantor" and "Grantee" shall be read as Grantors" and


"Grantees" whenever the sense of the deed so requires.

IIFNVI:*417290 v2JOU6MOl2/09/12/2000
DOCUMENT «2

C
IN WITNESS WHEREOF,the Grantor and the Grantee have duly executed
this deed the day and year first abom written. <.
7
GRANTOR:

BRIGHTON
By: Brighton tLL
ByiAtilecf . ULC. Managing

joshu . Managing Member

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STATE OF NEW YORK


COUlfTY OF QUEENS

a Notoy Pubfic Vwr 2001, beftw

kne^tome7St^:^T!±'!l^
"el|jw»«»c^ ■?. 'h* wtddnlSSS
to nw he executed the eametoteSSJS..'!?.!!^ .In^ment and
®»cufed ttw htttmSert"'*'"^

MYRNADU^
Notaiy PuUc, State of New Yak
NQ.010U7421475
QuaQSedinNassauf
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