`NYSCEF DOC. NO. 55
`
`INDEX NO. 620308/2021
`
`RECEIVED NYSCEF: 06/07/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`SION SOHAYEGH,
`
`Plaintiff,
`
`-against-
`MISF LLC and GERALD ROSENGARTEN,
`Defendants.
`
`x
`
`STATE OF NEW YORK
`
`COUNTY OF NEWYORK
`
`Index No. 620308/2021
`
`AFFIDAVIT OF BIJAN
`KAYPOUR IN FURTHER
`SUPPORT OF MOTION
`TO DISMISS THE
`AMENDED COMPLAINT
`
`Bijan Kaypour, being duly sworn, deposes and says:
`1.
`I am a member of defendant MISF LLC (“MISF”).
`I have personal knowledge of the facts stated herein and respectfully submit this
`2.
`Affidavit to explain the circumstances regarding execution of the MISF Operating Agreement.
`
`3.
`
`I have read the Affidavits of Fred Rosengarten (“FR Affidavit”) and Gerald
`Rosengarten (“GR Affidavit”) sworn to on June 7, 2022 explaining the circumstances regarding
`execution of the Operating Agreement. All capitalized terms that are not defined herein shall have
`the same meaning set forth in the FR Affidavit.
`4.
`I attended the meetings referred to in FR’s Affidavit, recall the events as described
`
`in FR’s Affidavit and agree with FR’s Affidavit and GR’s Affidavit in full, including without
`
`limitation, the statement therein that Operating Agreement Version 2 is the operative Operating
`Agreement.
`
`GSG / #1625443vl / 0194170- 080450
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`1 of 3
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`FILED: SUFFOLK COUNTY CLERK 06/07/2022 03:48 PM
`NYSCEF DOC. NO. 55
`
`INDEX NO. 620308/2021
`
`RECEIVED NYSCEF: 06/07/2022
`
`tour
`
`Sworn to before me this
`7 day of June, 2022
`
`notar'
`
`Jic
`
`BOZENNA TOMERA
`Notary Public, State of New York
`Reg. No. 01T06292958
`Qualified in Kings County
`Commission Expires Nov. 12, 202S
`
`GSG / #1625443vl / 0194170- 080450
`
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`2 of 3
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`FILED: SUFFOLK COUNTY CLERK 06/07/2022 03:48 PM
`NYSCEF DOC. NO. 55
`
`INDEX NO. 620308/2021
`
`RECEIVED NYSCEF: 06/07/2022
`
`CERTIFICATION REQUIRED BY RULE 17 OF THE
`RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
`The undersigned is the attorney who is filing this document.
`
`I hereby certify that this document, exclusive of the caption, table of contents, table of
`
`authorities, and signature block, and this certification, contains 138 words as counted by the word
`processing system used to prepare the document.
`
`Dated: Garden City, New York
`June 7, 2022
`
`Respectfully submitteef,
`
`JASPAN SCHLESINGER LLP
`
`By:
`
`STEVEN R.^CHJ^S^GER
`
`ZL
`Attorneys for Deffndrf'nts,
`MISF, LLC and Gerald Rosengarten
`300 Garden City Plaza, 5th Floor
`Garden City, New York 11530
`(516) 746-8000
`
`GSG / #1625443vl / 0194170 - 080450
`
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`3 of 3
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