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    Miami-Dade County Court case against Trump's personal lawyer Michael D. Cohen.

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    Malakov vs. Michael D. Cohen aka Michael D. Hacking

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    Miami-Dade County Court case against Trump's personal lawyer Michael D. Cohen.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views22 pages

    Malakov vs. Michael D. Cohen Aka Michael D. Hacking

    Uploaded by

    Grant Stern
    Miami-Dade County Court case against Trump's personal lawyer Michael D. Cohen.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 22
    VLADIMIR MALAKHOV, Plaintiff, vs. MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, Defendants. S_ IN THE CIRCUIT COURT FOR THE 11™ JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASENO. gg-g4576 CA 8 DEMAND FOR JURY TRIAL Plaintiff, VLADIMIR MALAKHOV, by and through his undersigned attorney, demands trial by jury on all issues to triable. Respectiully submitted, GARY W. POLLACK, P.A. Attorneys for Plaintiff 1260 SunTrust International Center One Southeast Third Avenue Miami, Florida 33131-1714 Telephone (305) 373-9676 Telefax (305) 373-9879 email hopeylaw2 ail.cony on hell) eet GARY W> Saayarpotlnee Florida Bar No. 313114 IN THE CIRCUIT COURT FOR THE 41™ JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION VLADIMIR MALAKHOY, an individual CASE NO. p mo 14576 CA Plaintif, 7 vs. MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, an individual. Defendant. / COMPLAINT COMES NOW Plaintiff, VLADIMIR MALAKHOY, by and through his undersigned counsel, hereby sues Defendant, MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, and alleges as follows: PARTIES, JURISDICTION, AND VENUE 14. This is an action for damages where the matter in controversy exceeds the sum of $15,000, exclusive of interest, costs, and attorney's fees resulting from injury caused to the Plaintiff in Miami-Dade County, Florida. 2. Plaintiff Vladimir Malakhov is a resident of Miami-Dade County, Florida, and was sui juris at all times relevant to this Complaint. 3. Plaintiff Vladimir Malakhov is a Defendant in the Miami Dade County Circuit Case No. 06-01330 CA 25, titled Julia Fomina v. Nestscheret et al. (hereinafter the “Fomina Lawsuit’) Page 1 of 13 Cary W. Pollack, P-A. 1260 SunTrust Intl Center 2° One SE. Third Ave. © Miami, Moria 38131-1714 = Te, (805) 373-9676 ot we 4. Defendant Michael Cohen's tortious conduct caused the Fomina Lawsuit to be filed against Plaintiff, Viadimir Malakhov, thereby causing Plaintiff injury. 5. The Plaintiff in the Fomina Lawsuit, Julia Fomina, alleges that Viadimir Malakhov, along with others, failed to pay her certain loan proceeds for which she mortgaged her condominium in Miami Beach, Florida. 6. Vladimir Malakhov, then a resident of 6655 Collins Avenue, Surfside, Florida 33154, at the request of Julia Fomina, and as part of the loan, made a check payable to the order of attorney Michael D. Cohen, Trust Account, in the amount of three hundred and fifty thousand dollars ($350,000.00) (hereinafter “the Check”). See Check No. 1062 attached as Exhibit A. 7. Vladimir Malakhov sent the Check to Michael Cohen's law office. 8. Michael Cohen, an attorney, endorsed this check, deposited it into his trust account, and received the three hundred and fifty thousand dollars ($350,000.00) from Vladimir Malakhov's account in Florida. 9. Vladimir Malakhov's check was drawn upon his account at Citibank, Federal Savings Bank at 1525 Harding Avenue, Surfside, Florida 33154. 10. Julia Fomina has stated under oath that Michael D. Cohen never remitted these funds to her (the Plaintiff in the Fomina Lawsuit), and that he has no recollection, nor record, as to how these funds were disbursed from his attorney trust account. 11. Michael D. Cohen is subject to jurisdiction in Miami-Dade County by virtue of causing injury to Plaintiff within the state of Florida due to his tortious actions and his. failure to comply with his fiduciary duties regarding the funds he held in trust. Page 2 of 13 Gary W. Pollack, P.A. 1260 SunTrust Intl Center One S.E. Third Ave. © Miami, Florida 83181-1714 © Tel, (905) 373.9676 es 142. Michael D. Cohen knowingly acquired money from Plaintiff, a resident of Miami-Dade County, Florida, and has failed to account for these funds to said resident (instant Plaintiff) of Miami-Dade County, Florida. 43. The Check for three hundred and fifty thousand dollars ($350,000.00) clearly indicated that the maker was a resident of Miami-Dade County, Florida, and that the funds were being drawn from a bank account in Miami-Dade County Florida. 14. Because Michael D. Cohen knew that he was dealing with a Florida resident, he was aware that his tortious actions would have an impact in Florida. 15. Michael D. Cohen's act of depositing Viadimir Malakhov's check caused Mr. Malakhov's Florida bank to issue a report of the account balance to Mr. Malakhov in Miami-Dade County, Florida, which indicated that the funds had been withdrawn from Mr. Malakhov’s Florida bank account. 16. Through Michael Cohen's course of dealings with residents of the State of Florida, he has sufficient minimum contacts with the state of Florida to establish personal jurisdiction, and the exercise of the 11" Judicial Circuit Courts jurisdiction over him comports with due process in all respects. 47. Jurisdiction and venue are also proper in Miami-Dade County pursuant to Florida's long-arm statute, Fla. Stat. §§ 48.193. GENERAL ALLEGATIONS 18. Julia Fomina provided a mortgage and security agreement over her condominium to Ludmila Malakhova, Plaintiff Vladimir Malakhov's wife, in exchange for Page 8 of 18 Gary W. Pollack, P.A. 1260 SusTrust Inet Center © One S.E. Third Ave. © Miami, Florida 83131-1714 Tel. (905) 373-9676 a loan of three hundred and fifty thousand dollars ($350,000.00) from Vladimir Malakhov. 49. Julia Fomina directed Vladimir Malakhov to tender payment of the loan funds to Michael D. Cohen's trust account. 20. Vladimir Malakhov complied with Plaintiff's instructions and sent a check to Michael D. Cohen. 21. Subsequent to Vladimir Malakhov tendering payment of the three hundred and fifty thousand dollars ($350,000.00), Julia Fomina defaulted on her loan repayments. 22. Ludmila Malakhova filed a foreclosure action against Julia Fomina, which was settled by way of Julia Fomina executing a Quitclaim Deed for her Miami Beach condominium, which was security for the loan, in favor of Ludmila Malakhova 23. Julia Fomina, in the Fomina Lawsuit, alleges claims for Fraud, Civil Conspiracy, and Civil Theft against the Plaintiff, because Julia Fomina swears under oath that she never received the three hundred and fifty thousand dollars ($350,000.00) sent to Michael D. Cohen. 24. Michael D. Cohen admits that he endorsed and deposited the check for three hundred and fifty thousand dollars ($350,000.00) into his attomey trust account. 25. Michael D. Cohen has refused to account for the disbursement of the three hundred and fifty thousand dollars ($350,000.00) from his trust account. Page 4 of 13 Gary W. Pollack, PA. 1260 SunTrust Ine Center 2° One S.E. Third Ave. &© Miami, Florida 83131-1714 © Tel. (605) 3739676 26. Plaintiff did not discover Michael D. Cohen’s tortious actions until Michael Cohen's deposition was taken in September of 2007. 27. Based upon Julia Fomia's swom testimony, it was Michael D. Cohen's tortious acts that directly caused Plaintiff's lawsuit, which has been ongoing in Miami- Dade County for over four (4) years. 28. Even with the exercise of due diligence, Michael D. Cohen's tortious actions giving rise to the claims herein could not have been discovered by Plaintif Vladimir Malakhov, since he had no reason to suspect that his funds were never remitted to Julia Fomina until he was added as Defendant in the Fomina Lawsuit in 2007 and the deposition of Michael Cohen was subsequently taken. 29. Michael D. Cohen's actions in failing to account for the funds, failing to create and maintain proper trust records, and/or improperly disbursing and/or retaining the funds caused Plaintiff's delayed discovery of Michael D. Cohen's tortious acts. 30. Michael D. Cohen’s tortious acts were not discovered, and could not have been discovered, until his deposition was taken in the above styled case, on September 17, 2007. COUNT 4: FRAUD. Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 31. This is a claim for fraud. 32. _ Michael D. Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account. Page 5 of 13 Gary W. Pollack, P.A. 1260 SunTrust Intl Center One S.E. Third Ave. © Miami, Florida 38131-1714 Tel, (805) 373-9676 33, _ Michael Cohen knew that his attorney trust account was regarded with ‘special expectations of reliability and trustworthiness. 34. — Upon information and belief, Michael D. Cohen made false representations as to how he would disburse these funds from his attorney trust account, and that the funds would be disbursed for the purpose for which they were issued. 35. Upon information and belief, Michael D. Cohen made false representations when he failed to comply with instructions by the party entitled to these funds as to how the funds were required to be disbursed. 36. — Upon information and belief, Michael D. Cohen made false misrepresentations when he intentionally omitted the material fact that he would not disburse the funds to Julia Fomina. 37. Further, as a fiduciary holding funds in trust, Michael D. Cohen’s silence and/or failure to disclose information regarding the disbursement of the trust funds constitutes fraudulent concealment. 38. Upon information and belief, Michael D. Cohen acted with reckless disregard for the truth 39. Upon information and belief, Michael D. Cohen knew that his representations were false because he never intended to comply with the instructions for disbursement when he deposited the funds into his attorney trust account. 40. Michael D. Cohen's representations and actions were intended to induce Plaintiff into entrusting him with his money Page 6 of 13 Gary W. Pollack, P.A. 1960 SunTrust Il Center © One S.E. Third Ave. c© Miami, Florida 39131-1714 2 Tel (305) 373-9676 4 Michael D. Cohen’s representations and actions were intended to induce Plaintiff to refrain from further investigation as to whether the funds were disbursed for the purpose for which they were issued. 42. Plaintiff Vladimir Malakhov relied upon Michael Cohen's representations and actions to his detriment; to wit, he tendered three hundred and fifty thousand dollars ($350,000.00) to Michael D. Cohen, which are presently unaccounted for, and further relied that his loan to Julia Fomina was remitted. 43. Plaintiff has been injured as a result of the fraud perpetrated upon him. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 44. This is a claim for breach of fiduciary duty. 45. _ A fiduciary duty arose in Michael D. Cohen when he deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attomey trust account. 46. Plaintiff depended upon Michael D. Cohen's trust account being a safe place for his funds. Page 7 of 13 Gary W. Pollack, P.A. 1260 SunTrust Intl Center 2 One S.E. Third Ave. 2 Miami, Florida 33131-1714 © Te. (908) 3789676 47. Michael D. Cohen breached his fiduciary duty to Plaintiff by failing to disburse the funds from his trust account as directed and/or misusing the funds, and/or converting the funds, and/or losing the funds. 48. Michael D. Cohen breached his fiduciary duty by failing to disclose his trust records and failing to account for the funds. 49. Michael D. Cohen breached his fiduciary duty by failing to comply with applicable regulations governing his trust account. 50. Michael D. Cohen's breach of fiduciary duty was the direct and proximate cause of Plaintiff's damages in the amount of three hundred and fifty thousand dollars ($350,000.00). WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attomey's fees and costs, and for any other relief this Court deems just and proper. COUNT 3: NEGLIGENT MISREPRESENTATION Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 51. This is a claim for negligent misrepresentation. 52. Michael D. Cohen negligently misrepresented how he would disburse the funds from his attomey trust account and/or negligently failed to comply with instructions by the party entitled to these funds as to how the funds were required to be disbursed. Page 8 of 13 Gary W. Pollack, P.A. 1260 SunTrust Ine Center °° One S.B, Third Ave. © Miami, Florida 88131-1714 Tel, 805) 373.9676 53. — Michael D. Cohen either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false. 54. Michael D. Cohen intended to induce Plaintiff to act on the misrepresentation. 55. Plaintiff acted in justifiable reliance upon the misrepresentations, by tendering payment of three hundred and fifty thousand dollars ($350,000.00) to Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 4: CONVERSION Plaintiff realleges and reincorporates each and every allegation in Paragraphs 1 through 30 above. 58. This is an action for conversion. 57. Michael D. Cohen took and converted three hundred and fifty thousand dollars ($350,000.00) from Plaintiff with the intent to exercise an ownership over the funds inconsistent with the real owner's right of possession. 58. Plaintiff has demanded return of his money, and/or demand would be futile, as Michael D. Cohen has stated that he no longer has possession of these funds. Page 9 of 13 Gary W. Pollack, PAA. 1960 SunTrust ne Center °° One SE. Thied Ave, Mian, rida 8151-17142 Tel. (05) 878-9676 WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael! D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 5: UNJUST ENRICHMENT Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above. 59. This is an action for unjust enrichment. 60. Plaintiff conferred a benefit upon Michael D. Cohen, who had knowledge of the benefit at the time it was conferred. 61. Michael D. Cohen knowingly accepted and retained the conferred benefit. 62. _ Under the circumstances, it would be inequitable for Defendant Michael D. Cohen to retain the conferred benefit unless Defendant pays Plaintiff the value of the conferred benefit. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in the amount of three hundred and fifty thousand dollars ($350,000.00), plus pre-judgment interest, along with attomey’s fees and costs, and for any other relief this Court deems just and proper. COUNT 6: COMMON LAW INDEMNITY Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above. Page 10 of 13 Gary W. Pollack, PA. 1260 SunTrust kn} Center One S.E, Third Ave, 2 Miami, lida 38131-17142 Tel. (805) 373.9676 63. This is an action for common law indemnity. 64. When Michael D. Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account, a special fiduciary relationship was formed between Plaintiff and Defendant. 65. Michael D. Cohen had a duty to tender the funds to Julia Fomina. 66. According to Julia Fomina’s swom testimony, Michael D. Cohen never remitted the funds to her, which was the direct and proximate cause of Julia Fomina suing Plaintiff, Vladimir Malakhov, in the Fomina Lawsuit. 67. Vladimir Malakhov is without fault because he did, in fact, tender the loan funds. 68. Julia Fomina is holding Vladimir Malakhov liable due to the wrong doing of Michael D. Cohen. 69. Michael D. Cohen must indemnify Vladimir Malakhov for any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit. 70. Vladimir Malakhov has incurred thousands of dollars in attorney's fees and costs in the Fomina Lawsuit, proximately due to Michael D. Cohen's wrong doing, and he is entitled to recover said fees and costs from Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in an amount equal to any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit, and the reasonable attorney's fees and costs incurred by Vladimir Malakhov in defending Page 11 of 13 Gary W. Pollack, P.A. 1260 SunTrust Intl Center One S.E. Third Ave. & Miami, Florida 3131-1714 © Tel. (205) 373-9676 himself in the Fomina Lawsuit, along with any pre-judgment interest, attorney's fees and costs, and for any other relief this Court deems just and proper. COUNT 7: IMPLIED INDEMNITY Plaintiff realleges and reincorporates each and every allegation in paragraphs 1 through 30 above. 71. — This is an action for implied indemnity. 72. Julia Fomina's Second Amended Complaint in the Fomina Lawsuit imputes liability to Viadimir Malakhov because he authored a Check for funds which Julia Fomina claims, under oath, were never tendered to her. 73. When Michael D. Cohen deposited three hundred and fifty thousand dollars ($350,000.00) of Plaintiff's money into his attorney trust account for the purpose. of forwarding said funds to Julia Fomina, a special fiduciary relationship was formed between Plaintiff and Defendant. 74, Michael D. Cohen breached his special duty to Viadimir Malakhov by failing to disburse the funds to Julia Fomina and/or misusing the funds, and/or converting the funds, and/or losing the funds. 75, Michael D. Cohen has also breached his fiduciary duty by failing to disclose his trust records and failing to account for the funds. 76. Further, Michael D. Cohen breached his fiduciary duty by failing to comply with applicable regulations governing his trust account. Page 12 of 13, Gay W. Pollack, P.A. 1260 SunTrust Intl Center One S.E. Third Ave. ® Miami, Florida 88191-1714 c Tel. (905) 378.9676 77. According to her sworn testimony, Julia Fomina’s injuries in the Fomina Lawsuit (the non-receipt of funds) resulted from the same actions that breached Michael D. Cohen's special duty to Viadimir Malakhov. 78. — Julia Fomina holds Vladimir Malakhov liable for her injuries resulting proximately from Michael D. Cohen's wrong doing. 79. Michael D. Cohen must indemnify Viadimir Malakhov for any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit. 80. Vladimir Malakhov incurred thousands of dollars in attorney's fees and costs in the Fomina Lawsuit proximately due to Michael D. Cohen's wrong doing, and should recover said fees and costs from Michael D. Cohen. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendant, Michael D. Cohen, in an amount equal to any judgment which may be obtained against Vladimir Malakhov in the Fomina Lawsuit, and the reasonable attorney's fees and costs incurred by Vladimir Malakhov in defending himself in the Fornina Lawsuit, along with any pre-judgment interest, attorney's fees and costs, and for any other relief this Court deems just and proper. Respectfully submitted this gm of ff arch 2010. GARY W. POLLACK, P.A. Attorneys for Plaintiff 1260 SunTrust International Center Page 13 of 18 Gary W. Pollack, P.A. 1260 SunTrust Intl Center One S.E, Third Ave. © Miami, Florida 83131-1714 © Tel. (905) 873-9676 EXHIBIT A ager VI o bod ear ithe Groe oF /LADIMIR MALAKHOV PE OUANS AYE. MS soe raat + Huncrud Fy Thoveand an oto =" Mchedi Cohen £50. 500 Wet $6 Sect ‘ew Ys NY 10018 cro Aarau _ O10 LOB 2m Ht 2BBOSESS! ny 105 4.052 350000.00 145600629112 Micrioal Coben Bena’ State of Florida Case Number: 10-14476-CA-15 Piaintt BANKATLANTIC, Defendant: HANIMERLOCK INDUSTRIES, INC., For: Eric Zwiebe! ERIC B. ZWIEBEL, P.A 8751 West Broward Boulevard Suite 100, Plantation, FL 33324 Received by Caplan, Caplan and RETURN OF SERVICE ade Circuit Court County of Mi Caplan on the 12th day of March, 2010 at 12:25 pm to be served on HAMIMERLOCK INDUSTRIES, INC. DAVID ORTIZ, R/A, 13275 SW 136 STREET, UNIT 30, MIAMI, FL 33186 |, Solomon Caplan, do hereby affirm that on the 28th day of April, 2010 at 9:25 am, I: served a CORPORATION by de! livering a true copy of the Summons on Amended Complaint with the date and hour of service endorsed thereon by me, to: DAVID ORTIZ as Registered Agent at the address of. 10970 SW 55 STREET, MIAMI FL 33183 on behalf of HAMMERLOCK INDUSTRIES, INC. DAVID ORTIZ, RIA, and informed said person of the contents therein, in compliance with Florida State Statute 48.091 Under penalty of perjury, | declare that I have read the foregoing and that the facts stated in it are true, that! am a Certified Process Server in the county in which this defendantwitness was served and have no interest in the above action. Pursuant to FS 92.525(2), no notary is required ‘Solomga Capian) ene | Caplan, Caplan and Caplan 172 West Flagler St, #320 Miami, FL_33130 (308) 374-2426 ur Job Serial Number: 2010023839 Service Fee IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIR( TIN AND FOR MIAMi- D DADE COUNTY, #LORIDA CASENO.AO- YANG CA &, BANKATLANTIC, Plaintiff, vs, SUMMONS AMENDED COMPLAINT HAMMERLOCK INDUSTRIES, IN a Florida corporation, ROBERT H. HAMMER, individually, and DAVID ORTIZ, individually, DATE__. ME. Defendants. THE STATE OF FLORIDA: To Each Sheriff of the State: CEATIREDIN-THE Ci di Ms eZ fthe complaini or petitior YOU ARE COMMANDED to serve this summons and 4 in this action on Defendant, HAMMERLOCK INDUSTRIRS,ANC., by serving ils, Qggistens6, Agent: Aa ke 330 §.0Cean David Ortiz J q ts eo 50ST 13235-9136" Street. Univ 3 Sw 3 Re Mismict SES Jo G7 o jc Holl le, Ft yg 1771 Back? fesdaht is required to serve written defenses to the complaint or Petition on Pla attorney, ERIC B. Z EL, \P. 875i West Broward Blvd. | Suite 100 20 £ a Plantation, Florida 33324 (954) 424-2005 Phone (954) 424-1445 Fax ot rol? within 20 days after service of this summons on that defendant, exclusive of the day'of service, 0 file the original of the defenses with the clerk of this court either before service on plaititt torney or immediately thereafter. Ifa defendant fails to do so, a default will be entered against lefendant for the relief demanded in the complaint or petition. 130, 2010, DATED ona ig 2 CAPLAN & CAPLAN 172 W FLAGLER ST #320 MIAMI, FL. 33 NOTICE TO PERSONS WITH DISABILITIES: IF YO} ORDER TO PARTICIPATE IN THIS PROCEEDING: e Bi ASSISTANCE. PLEASE CONTACT COURT ADMINISTRATION AT #YWESTELAGLERSTRUET. MIAMLFL33130 WITLI? 88h, DAYS OF YOUR RFCEIPT OF THIS DOCUMENT, F YOU ARE KEARINS GR VOICE: IMPATE 00.9557 ZARA Ip IN THE CIRCUIT COURT FOR THE 11™ JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA VLADIMIR MALAKHOV GENERAL JURISDICTION DIVISION Plaintiff, CASE NO. 10-14576 CA (8) vs. MICHAEL D. COHEN a/k/a MICHAEL D. HACKING, Defendant. Zz NOTICE OF VOLUNTARY DISMISSAL LAINTI oe 3 COMES NOW Plaintiff VLADIMIR MALAKHOV, by and through his undersigned attorney, and pursuant to Fla.R.Civ.P. 1.420, hereby dismisses the above styled action against Defendant Michael D. Cohen. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing mailed to Susan H. Stern, Esq., Susan Stern, P.A., 2385 NW Executive Center Drive, Suite 100 Boca Raton, FL 334310n_/ Bday of Beast +2010. GARY W. POLLACK, P.A. 4260 SunTrust International Center One Southeast Third Avenue Miami, FL 33131 W. Pollack-ESq. rida Bar No. 313114 Page 1 of 1 Gary W. Pollack, P.A. 1260 SunTrust Intl Center °° One S.E. Third Ave. © Miami, Florida 38131-1714 = Tel, (805) 373-0676 @ Gsa0g#00Ru [XJ IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- f DADE COUNTY, FLORIDA [ ] INTHE COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA CIVIL DIVISION CIVIL ACTION SUMMONS ‘CASE NO. Personal Service on a Natural Person (En Espanol al Dorso) (Francais AuVewpy 44576 CA 8 PLAINTIFF(S), VS. DEFENDANT(S) CLOCK IN VLADIMIR MALAKHOV MICHAEL D. COHEN a/k/a jidual MICHAEL D. HACKING, an indi (CHAEL D. COHEN alk/a To Defendant: MICHAEL D. COHEN ala MICHAEL D. HACKING MICHAEL D. HACKING 608 5 Avenue, Suite 300 or 502 Park Avenue, Apt. 10-A New York, NY 10020 New York, NY 10022 Tawa fas boon Fed against you, Vou Tave 20 calendar days ater fis summons m seved on youto Aiea writen response tothe atached Complaint with the clerk ofthis court A phone call wll not protect you your Vriden response, itcling the case number given above and the names ofthe pris must be filed if you want the Cour to hear your side ofthe case Ifyou donot file your response on time, you may fose the case, and your wages, money and property may thereafter be taken without furher warning, fom the Cour. There ae olber legal requirements, You may want o eal an attomey right away. Ifyou do not know an atome, you may call a afore feferral service oa legal ai office (listed in the phone book) IF you choose to fle a writen response yourself, atthe sameRRGC\Ou slapyligan response tothe Court, located at SERVED Dade County Countouse Pra 7B West Flagler Steet DATE Miami, Florida 33130 TIME Additional Court locations are printed on the back of this form. (PRINT/SIGN NAA ‘You must also mail or take a copy of your written responses tothe "PlaintifPlaintifhs Attorey” named below. PlaiptifyPlaintift Atomey Address: 1260 SunTrust Internationak Genter 9.2 RY W. POLLACK, ESQ. ‘One S.E. Third Avenue : Miami, Florida 33131 ‘Tel: (30S) 373-9676 / Fax: (305) 373-9679 TO THE STATE OF FLORIDA ‘TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above named defendant. HARVEY RUVIN ‘Court Seal DATE CLERK OF COURTS By: DEPUTY CLERK MPORTANTE Usted ha sido demands legalmente Tene 20 dis contados a partir del recibo de esta moificacion para contosarlademandaadjuta, poe serio, y presentara ane ese tibunal. Una llamada elelonicarno lo protege Si sted desen que el ibunalconidere sv defense, debe presenta su respuesta po eseio, ncluyendo el numero de eso y los nombres de as partes iteresadas. i usted no contest la demands Yiempo, utiese perder el caso y pda ser despojado desu ingesosy propiedad, oprivado de sus derechos, sin previo aviso del buna, Eisen os requisits legals Silo desea, poed uted consular aun abopado immediazamene, Sino conoce an abogado, puedo lkmar & una dels ofcinas de asistencia legal que aarencen ena guia tletonica. ‘Si desea esponde aa demanda por su cuenta mis tiempo en que presenta su respuesta ates el ibunal, debe sted enviar por comeo 0 ‘enregar una copia desu respuesta ala persona demoninada abajo come “Planti@Plaintif Attorney" (Demandante o Abogado del Demandant) IMPORTANT. Des pousules judiclares ont le entreprises cate vous, Vous avez 20 ours consul pair de a dte de Fasinaton de cel ciation pour

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