. . a INDEX NO. 033699/2015
NYSCEF DOC. NO. 255 - RECEIVED NYSCEF: 11/14/2017

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND


ABRAHAM KLEINMAN, and COHEN BRAFFITS - Index No. 033599/2015
ESTATES DEVELOPMENT LLC, 

 

JUDGMENT
Plaintiffs, 

- against -

ZOHAR COHEN a/k/a ZOHAR ABIKZER,
THOMAS W. WILLIAMS,

Defendants.
- 

 

 

 

 

I The Court having previously struck the answer of the?defendant Zohar Cohen a/k/a Zohar
Abikzer (hereinafterl?Zohar?), and granted default judgment in favor of plaintiffsand against
Zohar, and having deferred the determination of damages and other relief and entry of judgment
until after trial between the plaintiffs and the non-defaulting defendant Thomas W. Williams, and
granted leave for plaintiffs to amend the complaint pursuant to the Amended Decision and Order
?led on April 19, 231); and plaintiffs having duly ?led and served the First Amended
Veri?ed Complaint (Doc# 232); and the time for the defaulting defendant to appear, answer or
move to dismiss the First Amended Veri?ed Complaint having expired; and the defaulting
defendant not having appeared, answered or moved to dismiss the First Amended Veri?ed
Complaint; and plaintiffs having settled their claims with the non-defaulting defendant making
trial unnecessary;

NOW, upon the motion of Kantrowitz, Goldhamer Graifman, RC, 747 Chestnut

Ridge Road, Chestnut Ridge, New York 10977-6216, attorneys for plaintiffs, it is

-1- .

lof3

 a . INDEX NO. 033699/2015
NYSCEF DOC. NO. 266 - RECEIVED NYSCEF: 11/14/2017

ORDERED, ADJUDGED, DECREED AND DECLARED, that the Operating
Agreement of plaintiff Cohen Braffits Estates Development LLC (hereinafter is hereby
reformed to correct the. scrivener?s error that it was formed in New York and not Delaware; and it
is further

ORDERED, ADJUDGED, DECREED AND DECLARED, that the plaintiff, Abraham
Kleinrnan, is the sole owner of the plaintiff Cohen Braffits Estates Development LLC, and
defendant Zohar Cohen a/k/a Zohar Abikzer no longer owns any interest therein; and it is further

ORDERED, ADJUDGED, DECREED AND DECLARED, that the loans made by the
defendant Zohar Cohen a/k/a Zohar Abikzer, acting individually and purportedly on behalf of
plaintiff Cohen Braf?ts Estates Development LLC, with the lender Shae Financial Group LLC, in
the-amounts of $650,000.00 on or about January 12, 2015, and $400,000.00 on or about April 1,
2015 with interest and a purported assignment interest of 7.5% in pro?ts, were unlawful as they
involved indebtedness other than in the ordinary course of business and without a vote or consent .
of the majority of members, and thus were null and void pursuant to New York Limited Liability
Company Law 402(c)(2)(3) and and it is further

ORDERED, ADJUDGED AND DECREED that plaintiff, Abraham Kleinman, residing
at 8 Aberdeen Drive, West Nyack, New York 10994, recover judgment against defendant, Zohar
Cohen a/k/a Zohar Abikzer, whose last known residence is 29 Dolson Road, Monsey, New York

10952, in the amount of $7,661,284.35, and that plaintiff have execution therefor.

2of3

 NO. 033699/2015
NYSCEF DOC. NO. 266 - RECEIVED NYSCEF: 11/14/2017

 

 

Hon. ThomaS?E waf?? II, J.S.C.

3of3