SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS_____________________________________________________

MICHAEL KRICHEVSKY,Plaintiff,

-against-

ELENA SVENSON, VICTORIA EDELSTEIN & BORIS KOTLYAR,

Defendants._____________________________________________________

INDEX NO. 33343/2008

NOTICE OF CROSS MOTION TO DISQUALIFY FOR FRAUD UPON THE COURT AND CONFLICT OF INTERESTJustice 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 SeAll rights reserved4221 Atlantic Ave Brooklyn, New York 11224(718) 687-2300

NICHOLAS RATUSH, EsqAttorney for Defendants EDELSTEIN and KOTLYAR299 Broadway, Suite 605New York, New York 10007

ELENA SVENSON, Pro Se2620 Ocean Pkwy, Apt. 3KBrooklyn, NY 11235

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS_____________________________________________________

MICHAEL KRICHEVSKY,Plaintiff,

-against-

ELENA SVENSON, VICTORIA EDELSTEIN & BORIS KOTLYAR,

Defendants._____________________________________________________

INDEX NO. 33343/2008

AFFIDAVIT IN SUPPORT OF MOTION TO DISQUALIFY

STATE OF NEW YORK ss.:COUNTY OF KINGS

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.

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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

3

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

4

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 defendant’s SVENSON

contempt of the court for not paying $7000.00 she stipulated to pay.

21. Accordingly, all attorney’s 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.

5

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 court’s 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 YORKCOUNTY OF KINGS

Index No. 33343/2008

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MICHAEL KRICHEVSKY,Plaintiff,

-against-

ELENA SVENSON, VICTORIA EDELSTEIN & BORIS KOTLYAR,Defendants.

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NOTICE OF CROSS MOTION, SUPPORTING AFFIDAVIT

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Michael Krichevsky, Pro Se4121 Atlantic Ave

Brooklyn, New York 11224 (718) 687-2300