SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK

STEVEN CROMAN,

Plaintiff, INDEX NO.: 6S2677/2019

--- against -- AFFIDAVIT OF ABU SUFIAN

AHMEDABU SUFIAN AHMED, MOHAMMED A.

HAZIM, MOKLIS ALI, 100 2°d AVE REALTY

INC., and 100 SECOND AVENUEASSOCIATES,

Defendants.

STATE OF NEW YORK )

) ss:

COUNTY OF NEW YORK )

BEFORE ME, the undersigned authority, being duly authorized to take

acknowledgments and administer oaths, personally appeared Abu Sufian Ahmed, who after

being duly sworn, deposes and states as follows:

1. 1, Abu Sufian Ahmed, affiant, do solemnly, sincealy, and truthfully make this

Affidavit upon my personal knowledge and state that the facts set forth herein are true and

correct.

2. I am over the age of eighteen years, suffer from no legal incapacity, and I am

otherwise sui juris.

3. I am a Defendant in the above-referenced matter, and I am fully familiar with the

facts and circumstances set forth herein, unless stated otherwise.

4. I submit this affidavit in support ofDefendants'

Order to Show Cause to Cancel

Plaintiff s Notice of'Pendency.

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5. As the Court is aware, Plaintiff filed a Complaint on May 6, 2019. A copy of the

Complaint is annexed to the Affirmation of Amanda Chiamllo ("Chiarello Aff.") at Exhibit"A."

Plaintiff also filed a Notice of Pendency on May 7, 2019. A copy of the Notice of Pendency is

annexed to Chiarello Aff. at Exhibit"B."

6. Plaintiff has no legal basis to file a Notice of Pendency in this action.

7. The Plaintiff s filed papers are an attempt to harass Defendants and tortiously

interfere with Def endants contract with a third-party.

8. Plaintiff does not have the title to, or the possession, use or enjoyment of, 100

Second Avenue, New York, New York ("the Property").

9. The alleged written "Right of FirstOffer"

contract pmvided by the Plaintiff was

not entered into between the Plaintiff and Defendants. While the parties did prepare the "Right of

FirstOffer"

contract, it remained unsigned, uninitialed, and unstruck. A copy of that document

is annexed to the Chiarello Aff. at Exhibit "C"

In fact, I have no knowledge of signing a "Right

of FirstOffer"

contract, and the alleged initials and signature in Plaintiff's version of the

document do not appear to be my initials and signature, and further, the document is also not

notarized.

10. Irrespective, approximately three to four weeks prior to entering into a contract

with a third-party for the sale of the Property, I appmached Plaintiff to seek his interest in

purchasing the Property. 1 met with Plaintiff at a restaurant known as Haveli Banjara, located at

100 2*]Avenue, New York, NY 10003.

11. At this meeting, I verbally communicated with Plaintiff that the Defendants were

planning on selling the Paperty.

12. Plaintiff responded that he would be willing to buy the Property, but for an

FILED: NEW YORK COUNTY CLERK 07/08/2019 04:30 PM INDEX NO. 652677/2019

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amount significantly less than what Defendants were seeking.

13. Defendants declined Plaintiff's low-ball offer.

14. When Plaintiff failed to incrase his offer, Defendants contracted with a third-

party for the sale of the Property.

15. Now, Plaintiff are illegally interfering withDefendants'

contract with the third-

party by filing a Notice of Pendency.

16. I certify that the statements made by me in this Affidavit an true to the best of my

knowledge under the penalty of perjury.

17. The relief sought herein has not previously been requested.

18. This completes my Affidavit.

Abu Sufian Ahmed

Date: 7/8/2019

Sworn to before me this 8th day of July 2019.

1 OTARY PUBLIC

JOHANNA ZORRILLA ESPINAL

NOTARY PUBLIC-STATE OF NEW YORK

No.01ZO6384390

Qualified in New York County

My Commission Ex pires 1 2-10-202 2

FILED: NEW YORK COUNTY CLERK 07/08/2019 04:30 PM INDEX NO. 652677/2019

NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/08/2019

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