SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
_____________________________________________________
INDEX NO. 509516/2018
THE SEA GATE ASSOCIATION,
Plaintiff, NOTICE OF AMENDED
CROSS-MOTION TO
-against- DENY, DISQUALIFY,
STRIKE AND
Michael Krichevsky, SANCTION
Defendant.
================================================
Michael Krichevsky,
Third Party Plaintiff,

-against-

Alan J. Wohlberg, Esq., David Wynn, Manny Papir, Richard

Scarpaci, Pinny Dembitzer, Barbara Garofalo, Solomon Zicherman,
Merrie Starr-Caputo, Bernard Kaufman, Jack Suben, Betty
Baranoff, Jeanne Rice, Tamir Kovach, Ivette Cirino, Vincent
Cirino, Irene Sarafanov, Yuriy Krasner, Lance Burns, Henry
Grunbaum, Kurt Vikki, Jack Weidhorn, Doe 1-10 Unknown or
unidentified members and/or agents of THE SEA GATE
ASSOCIATION,

Third Party Defendants.

_____________________________________________________

PLEASE TAKE NOTICE, that upon the annexed Affidavit and Memorandum of Law affirmed on the

29th day of April, 2025, I, Michael Krichevsky, sui juris, will and do cross-move, before this Court at an

IAS Part 52, room 556, at the Courthouse located at 360 Adams Street, Brooklyn, New York on the 1st

day of May, 2025 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard for

an order granting the relief requested in this Omnibus Amended Cross-Motion as follows:

1. On the day of the hearing and/or oral argument on this cross-motion provide a court reporter to

establish a court of record.

2. Take Mandatory Judicial Notice of Law per CPLR 4511 to wit:

New York Real Property Law Articles 8, 9(A, B), and New York Real Property Actions and Proceedings

Law 14, 15 all involving real estate, mortgages, covenants, liens, easements and debt collection issues in

this case.
3. To Disqualify Alan J. Wohlberg, Esq. from representing THE SEAGATE ASSOCIATION

(artificial entity, corporation), in this action and the instant motion to dismiss my Third-Party Complaint

against him on the following grounds:

a) un-waivable and non-consentable conflicts of interest in current case because corporation cannot waive

or make informed consent in writing to his conflicted representation including suing me as his client;

b) Mr. Wohlberg’s refusal as Corporation Counsel and officer of the court to comply with THE LAW

GOVERNING LAWYERS and NEW YORK RULES OF PROFESSIONAL CONDUCT to self-

disqualify from this lawsuit in contempt of this court;

c) that there are valid cross-claims between THE SEA GATE ASSOCIATION, INC and board members

individually and against each other; and for Breach of Fiduciary Duty, Contribution and/or

Indemnification; and Legal Malpractice against Alan J. Wohlberg, Esq. These claims were caused by his

wrong, harmful and self-interested legal advice to board members as Corporation Counsel; and because

Wohlberg is covering up these claims together with other attorneys involved in this lawsuit;

d) that Alan J. Wohlberg’s, Esq. wrong, harmful legal advice substantially continues until today to aid and

abet commission of crimes and torts by some or all third-party individual defendants;

e) that there is third-party plaintiff’s claim for legal malpractice against Alan J. Wohlberg, Esq, but he

refuses to provide insurance information to me;

f) that I will call Mr. Wohlberg as witness in his complaint against me and against some or all third-party

defendants in this action;

g) that some or all Third-Party defendants will be called as witnesses against attorney Wohlberg in

malpractice part of the action.

h) that there is a Third-party plaintiff’s claim as beneficiary of implied, constructive Trust created by

alleged implied contract between THE SEA GATE ASSOCIATION and I for Breach of Fiduciary Duty

against Alan J. Wohlberg, Esq, all individual third-party defendants and he is covering it up along with

other attorneys involved in this case.

i) that his outside engagements are conflicting with his official duties and role in this case;

j) I am either his prior or current client as a member of the Sea Gate community.

4. To disqualify KAREN M. LAGER, ESQ., KAITLYN P. LONG, law firm MARKS, O'NEILL,

O'BRIEN, DOHERTY & KELLY, P.C on the grounds of the Appearance of Professional Impropriety:

a) un-waivable and non-consentable conflicts of interest in current case;

b) Mrs. Lager’s refusal as officer of the court to comply with THE LAW GOVERNING LAWYERS and

NEW YORK RULES OF PROFESSIONAL CONDUCT to obtain waivers of conflict of interest in

writing from each individual third-party defendant, which is attorney’s misconduct, or refusal to self-

disqualify from this lawsuit in contempt of this court;

b) that she deliberately failed to advice and/or to file a cross-claims for Breach of Fiduciary Duty,

Contribution and/or Indemnification and Legal Malpractice against Alan J. Wohlberg, Esq. that was

caused by his wrong, harmful and self-interested legal advice as Corporation Counsel, which is her

misconduct, ineffective assistance of counsel and legal malpractice that is negatively affects the whole

case and leaves a door for countless appeals in the future by individual third-party defendants.

5. To disqualify ERIN A. O’LEARY, JAMIE R. WOZMAN, ESQ., NICOLAS P. BOWERS, ESQ

and law firm LEWIS BRISBOIS BISGAARD & SMITH LLP on the grounds of the Appearance of

Professional Impropriety:

(a) conspiracy with other attorneys to, among other things, Obstruct Justice;

(b) Failure to report other attorneys’ misconducts;

(c) deliberate violation of PART 202. Uniform Civil Rules For The Supreme Court & The County Court

Section 202.8 Motion procedure.

6. To strike all MOTIONS TO DISMISS together with deliberately defective CPLR 2106

affirmations and frivolous memorandums of law due to:

a) violation of Part 52 Rules: Motion papers, answering affidavits, and reply affidavits must be served on

the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise
stipulated or ordered. All attorneys refused to serve affidavits.

b) deliberate violation of PART 202. Uniform Civil Rules For The Supreme Court & The County Court

Section 202.8 Motion procedure: (c) The moving party shall serve copies of all affidavits and briefs upon

all other parties at the time of service of the notice of motion. The answering party shall serve copies of

all affidavits and briefs as required by CPLR2214. Affidavits shall be for a statement of the relevant facts,

and briefs shall be for a statement of the relevant law.

c) use and conspiracy to use logical fallacy and irrelevant evidence in their affirmations and

memorandums of law.

d) strike per CPLR 2106 defective affirmation with exhibits of attorney Wohlberg (ECF #231 on motion

#24) as logical fallacy of irrelevant evidence.

7. For an order pursuant to a) 22 N.Y.C.R.R. 130-1.1; b) 22 N.Y.C.R.R. 130-1.1 (c); and c)

N.Y.C.R.R. 130-1.1 sanctioning Alan J. Wohlberg, Esq, ERIN A. O’LEARY, JAMIE R. WOZMAN,

ESQ., NICOLAS P. BOWERS, ESQ and KAREN M. LAGER, ESQ., KAITLYN P. LONG, MARKS,

O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. and LEWIS BRISBOIS BISGAARD & SMITH LLP –

each third party-defendants’ attorneys and law fir ms $10,000.00 for each count of misconduct in this case

and disqualifying them from representing third-party defendants in this frivolous, abuse of process,

malicious defense and bad faith litigation against Defendant, Counter and Third-Party Plaintiff.

8. For an order disqualifying Alan J. Wohlberg, Esq. from representing SEAGATE under Rule 1.2(d)

that states: a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is

criminal or fraudulent. Paragraph (b) states a specific application of the principle set forth in Rule 1.2(d)

and addresses the situation where a client’s crime or fraud takes the form of a lie or misrepresentation .

9. For an order sanctioning all attorneys and law firms involved in abusive and frivolous motion

practice in Federal Court made not for legitimate reasons, but in order to intimidate, delay, harass,

increase a cost of litigation and obtain a strategic advantage – court and judge shopping since there was no

basis in law or fact for motion to remand and immediately filing a flurry of motions to dismiss my Third-
party complaint here instead of doing the same in Federal Court.

10. For referral of all attorneys and law firms involved in this case to appropriate Grievance

Committees of First and Second Judicial Departments for violations of multitude of counts of New York

Lawyer's Code of Professional Responsibility.

TAKE FURTHER NOTICE that, pursuant to CPLR 2214, all answering affidavits shall be served on

undersigned at least seven (7) days prior to the return date of this motion.

Dated: Brooklyn, New York

April 22, 2025
/s/ Michael Krichevsky
Michael Krichevsky, pro se
4221 Atlantic Ave
Brooklyn, New York 11224
(718) 687-2300