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

24714/10 MICHAEL KRICHEVSKY, Plaintiff, -againstYONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants. _____________________________________________________ NOTICE OF MOTION FOR DEFAULT JUDGMENT Justice ______________ Oral argument is not requested

COUNSELORS:

PLEASE TAKE NOTICE, that upon the annexed affidavit of Michael Krichevsky, sworn to the 15 day of December, 2010, an upon all the pleadings and proceedings heretofore had herein, the undersigned will move before this Court at an IAS Part ____, room ____, at the Courthouse located at 360 Adams Street, Brooklyn, New York on the ____ day of January, 2011 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard: For an order pursuant to Section 3215 of the Civil Practice Law and Rules directing the entry of judgment upon default in favor of plaintiff and against the defendants, on the issue of liability and setting the matter down for an inquest as to damages, for an award of costs, disbursements and reasonable attorney's fees to abide this motion, and for such other and further relief as to this Court may seem just and proper. The above entitled action is for 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 December 15, 2010 ______________________________ Michael Krichevsky, Pro Se, All Rights Reserved 4221 Atlantic Ave Brooklyn, New York 11214 718-687-2300

L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. Attorneys for LEVORITZ 1001 Franklin Ave, 3rd Fl. Garden City, New York 11530 YORAM NACHIMOVSKY, Esq Defendant, Pro Se 299 Broadway, Suite 605 New York, New York 10007 ELENA SVENSON Defendant Pro Se 2620 Ocean Pkwy Apt 3K Brooklyn, New York 11235

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. 24714/10 MICHAEL KRICHEVSKY, Plaintiff, -againstYONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants. _____________________________________________________ AFFIDAVIT IN SUPPORT

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 for default judgment. 2. This is an action for personal injuries, money damages, and declaratory relief. 3. Summons and complaint (Exhibit A) were served upon defendant NACHIMOVSKY on October 13, 2010 and November 24, 2010 respectively. Affidavits of service are attached as Exhibit B. 4. Between October 13, 2010 and November 24, 2010, no notice of appearance and/or demand for complaint has been interposed. 5. From November 24, 2010, until today, December 15, 2010, no answer has been interposed either. 6. On October 15, 2010, Summons was served on Defendant SVENSON, and no notice of appearance and/or demand for complaint has been interposed. Affidavit of service is attached as Exhibit C. 7. Based upon the foregoing, I have a meritorious cause of action.

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, All Rights Reserved

Sworn to before me this ___ day of January 2010 _________________________ NOTARY PUBLIC

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO. 24714/10 MICHAEL KRICHEVSKY, Plaintiff, -againstYONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants. _____________________________________________________ AFFIDAVIT OF MAIL SERVICE

STATE OF NEW YORK COUNTY OF KINGS SEMYON FURMANOV, being duly sworn, says: I am not a party to the action; I reside in Brooklyn, NY, and I am over 18 years of age. On the ____ day of December, 2010, I served the within Notice of Motion for Default Judgment together with Supporting Affidavit, by depositing true copies thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below:

YORAM NACHIMOVSKY, Esq 299 Broadway, Suite 605 New York, New York 10007 ______________________________ SEMYON FURMANOV Sworn to before me on January , 2011

_______________________ NOTARY PUBLIC

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. 24714/10 -----------------------------------------------------------------

MICHAEL KRICHEVSKY, Plaintiff,

-against-

YONATAN LEVORITZ, ESQ., YORAM NACHIMOVSKY, ESQ., ELENA SVENSON, Defendants.

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___________________________________________________

NOTICE OF MOTION FOR DEFAULT JUDGMENT, SUPPORTING AFFIDAVIT ___________________________________________________

Michael Krichevsky, Pro Se, All Rights Reserved. 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300

Marian Rice, Esq. L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. 1001 Franklin Ave, 3rd Fl. Garden City, New York 11530

Mr. Yoram Nachimovsky 299 Broadway, Suite 605 New York, New York 10007