I, R. Ariel Poltielov, Esq. an attorney admitted to practice in the courts of the State of New York, affirm under penalty of perjury pursuant to CPLR 2106 as follows:

CPLR § 5015(a) provides, in its entirety, that: The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party ...

Additionally, the Appellate Division has held that: ‘[i]n addition to the grounds set forth in 5015(a), a court may vacate its own judgment for sufficient reason and in the interests of substantial justice’…[i]ndeed, the drafters of CPLR 5015(a) ‘intended that courts retain and exercise their inherent discretionary power in situations that warranted vacatur but which the drafters could not easily forsee… Hudson City Savings Bank v. Cohen, 120 A.D.3d 1304, 993 N.Y.S.2d 66 (2d Dep’t 2014) (internal citations omitted) (emphasis added).

At this juncture, “a Defendant is not required to establish their defense as a matter of law, they need only set forth facts to make out a prima facie showing of a meritorious defense.” Quis v. Bolden, 298 A.D.2 375, 751 N.Y.S.2d 388, 389 (2d Dep’t 2002).

Plaintiffs herein made a request for a pre-motion conference as they sought to file a motion for summary judgment to determine liability in the instant matter.

Simon Balkhiyev, Diego Remy, Simax Development Group LLC, Realty Rehabbers Inc., Breukelen Holdings Corp., RBM Development Corp. and Buckingham Development Group, Inc., formerly known as Buckingham Development Corp.,

I, R. Ariel Poltielov, Esq. an attorney admitted to practice in the courts of the State of New York,

affirm under penalty of perjury pursuant to CPLR 2106 as follows: I am not a party to the action, am over 18 years of age and reside in the State of New York.

On March 13, 2024, I served the within Reply Affirmation through the NYSCEF filing system to all appearing counsel.

Dated: Forest Hills, New York March 13, 2024

An attempt was made for Simon Balkhiyev and we were told the defendant is unknown.

We ran a DMV search and got the results back on Friday, the address is verified so the server will be going back to complete service at this address.

The corporate serves were sent out to be completed via SOS unfortunately the DOS is backed up so these have not been served as of yet but I did reach out to our server and asked that these be treated with priority to get them served as soon as possible.

Thank you, Bridget Camelino on behalf of Ginelle Hinojosa

Reliability Proven.

... lions and encurntsances, except (Dan easements, dghts of way, covenanto and restriegons of recond, (A) conent and future real estate taxes and messeements, (1I0auning and other govemmentpl lawa and regulations, provkfed none ...

Honor Order 19802735278 Domestic Noney Order Fee S totah Dom. Honey Order 19802735280 Domestic NoneyOrder Fee Subtotal: Doe. Nonet Order 19802735291 Domestic MoneyOrder Fee Subtotal: Final Price $1,000.00 $1.55 ...

I trust that I will receive your clients’ full accounting and supporting documentation by the end of the day, as we agreed.

believe that the annexed documents establish without question that the amounts my clients are owed are far in excess of the sum that is presently being held in escrow.

Accordingly, I expect that your clients will execute and deliver the escrow release instructions to me by Wednesday, October 26, 2022.

While I anticipate that your clients may have some questions regarding particular items contained in our accounting, those disputed sums will not affect my clients’ clear right to the release of the escrow funds.

Once the escrowed funds are released to my clients, the parties will have ample time to reach an agreement on the remaining amounts owed and a plan for the repayment of those sums.

This would include a full accounting for all JV properties from 2012 to the sale of the last property, including bank statements and copies of underlying bills and invoices.

We will require your clients to provide all documents in their possession regarding the use and disposition of JV funds for the period from 2012 forward, or that will otherwise support their claims for damages.

My client did request that we have a full two weeks to produce these documents.

If you are not the intended recipient, you may not copy or disseminate this message or any attachments.

If you have received this message in error, kindly notify this office immediately by return email and delete this message, along with any attachments, from your computer.

Plaintiff s claims are barred, in whole or in part, by application of CPLR 3016(b), for failure to plead sufficiently fraud cause of action in the complaint.

Plaintiff's claims are barred, in whole or in part, in that the parties asserting the cause of action lack the legal capacity and/or standing to sue.

in the within action; the same is true to my have own read the foregoing Verified Answer and knowledge, pt as to those matters Balkhiye(Individually of S1D Partners and as Corp. and Synergy imon President Development Swo Eday to before me this of January, 2019 .

ubbe Patel Joseph Sta in oueens oummed Ho.02PO6322388 supera conuniesion York county m'8

hereby knowledge, the presentation certify, information under penalty and belief, of perjury, formed and after as an officer an inquiry of the papers or the contentions herein are not Section 130-1.1(c).

1 Further underscoring their bad faith, in responding to a request that they produce documents relating to any other lawsuits involving real estate joint ventures, Defendants falsely responded, “None.” See NYSCEF Doc. No. 56, ...

They have every incentive to delay the resolution of this action, since they are incurring none of the damages, while continuing to hurt us financially.