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At a Term, Part___, of the Supreme Court of
the State of New York, County of New York, at
the Courthouse thereof, located at 60 Centre
Street, New York, New York,
on the____ day of September 2023.
PRESENT________________________________
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X Index No.:
In the Matter of 159110/2023
JORDAN BARDACH,
ORDER TO SHOW
Petitioner, CAUSE WITH TRO
- against -
ANNA MARTYNOVA,
JENNIFER MILOSAVLJEVIC,
YOEL HERSHKOWITCH,
ARON WOLOCOWITZ, and,
Respondents,
RENTABILITY, INC.,
Nominal Respondent.
----------------------------------------------------------------------X
Upon reading and filing the verified petition, verified on September 18, 2023 and the
annexed exhibits, the affidavit of Jordan Bardach sworn to September 18, 2023 and the annexed
exhibits, the affirmation of Brett G. Canna, Esq. dated September 18, 2023, and upon the
accompanying memorandum of law of Petitioner, and upon all of the pleadings and prior
proceedings heretofore had herein,
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LET Respondents, Anna Martynova, Jennifer Milosavljevic, Yoel Hershkowitch, Aron
Wolocowitz, and Rentability, Inc. show cause before IAS Part _______ of this Court to be held
in Room ________ at the Courthouse, 60 Centre Street, New York, New York, on ___ day of
_______________, at ______________, or as soon as thereafter as counsel may be heard,
WHY an order and judgment should not be granted pursuant to NY Not-for-Profit Corporation
Law §618:
A. Declaring that the purported Rentability, Inc. annual board meeting conducted on
September 1, 2023 was improperly noticed and improperly held in contravention
of Rentability, Inc.’s by-laws and New York Not-for-Profit Corporation Law and
therefore the meeting and all resolutions purportedly passed by the purported
board at such meeting or actions taken by respondents after such meeting are
declared null and void and of no effect;
B. Declaring that the results of the sham election held at the purported Rentability,
Inc. annual board meeting conducted on September 1, 2023 in which respondents
Jennifer Milosavljevic, Yoel Hershkowitch, and Aron Wolocowitz, were
purportedly elected to the board of directors of Rentability, Inc. a nullity void and
of no effect upon the grounds that: (1) the purported “annual meeting” was
noticed and held without the authority or vote of the board on less than 48-hours’
notice in contravention of Rentability, Inc’s by-laws and New York Not-for-Profit
Corporation Law; (2) respondent Jennifer Milosavljevic, who had resigned from
the board over a year before said September 1, 2023 meeting voted in the election
in contravention of Rentability, Inc’s by-laws and New York Not-for-Profit
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Corporation Law, and, (3) a quorum was not present at said September 1, 2023
meeting in contravention of the Rentability, Inc’s by-laws and New York Not-for-
Profit Corporation Law, and (4) as further found by the court;
C. Declaring that pursuant to the By-Laws of Rentability, Inc., Respondent Jennifer
Milosavljevic is not, and has not been, a member of the board of directors of
Rentability since her resignation on August 21, 2022;
D. Directing respondents to account for all financial, contractual and other
transactions that were carried out by the respondents and the board that was
purportedly elected in the sham election conducted on September 1, 2023 and to
turn over all Rentability Inc. all books, records, communications and related
correspondence and cooperate in providing information regarding the actions of
respondents in the name of Rentability, Inc. so that Petitioner may discharge his
duties as Director. President and Treasurer;
E. That the invalidly elected or former board member respondents be enjoined from
engaging in any business or activities on behalf of Rentability, Inc.;
F. Awarding petitioner such other and further relief as the court may deem
appropriate in the circumstances, including the costs and disbursements of this
proceeding.
SUFFICIENT CAUSE HAVING BEEN ALLEGED THEREFOR, it is ordered that pending the
determination of this Order to Show Cause and this petition proceeding, Anna Martynova,
Jennifer Milosavljevic, Yoel Hershkowitch, and Aron Wolocowitz, as well as their agents,
servants and employees, are hereby enjoined and restrained:
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1. From taking any action on behalf of Rentability, Inc. in their alleged capacities as officers or
directors of Rentability, Inc. or exercise any duties or functions as an officer or director; and
2. From holding themselves out as officers or directors of Rentability, Inc.; and it is further
ORDERED, that service of this order to show cause and the papers upon which it is
based, and Verified Petition in this proceeding, by way of email to the respondents and
Rentability’s purported counsel, Angelyn D. Johnson, Esq. (at email addresses provided by
Angelyn D. Johnson, Esq.) and copy sent by overnight mail to Rentability Inc. at 16 Madison
Square West,10th Floor, New York, NY 10010, its principal place of business, on or before the
________ day of September, 2023 shall be deemed good and sufficient service.
OREDERED, that any submission by Respondents in opposition to Petitioner’s Order to
Show Cause shall be served upon the attorneys for Petitioner by e-filing same by
___________________, 2023 and any reply submission shall be e-filed by attorneys for
Petitioner by __________________.
ENTER:
_______________________
J.S.C.
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At a Term, Part___, of the Supreme Court of the State of New York, County of New York, at the Courthouse thereof, located at 60 Centre Street, New York, New York, on the____ day of September 2023. PRESENT________________________________ J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X Index No.: In the Matter of 159110/2023 JORDAN BARDACH, ORDER TO SHOW Petitioner, CAUSE WITH TRO - against - ANNA MARTYNOVA, JENNIFER MILOSAVLJEVIC, YOEL HERSHKOWITCH, ARON WOLOCOWITZ, and, Respondents, RENTABILITY, INC., Nominal Respondent. ----------------------------------------------------------------------X Upon reading and filing the verified petition, verified on September 18, 2023 and the annexed exhibits, the affidavit of Jordan Bardach sworn to September 18, 2023 and the annexed exhibits, the affirmation of Brett G. Canna, Esq. dated September 18, 2023, and upon the accompanying memorandum of law of Petitioner, and upon all of the pleadings and prior proceedings heretofore had herein, 1 LET Respondents, Anna Martynova, Jennifer Milosavljevic, Yoel Hershkowitch, Aron Wolocowitz, and Rentability, Inc. show cause before IAS Part _______ of this Court to be held in Room ________ at the Courthouse, 60 Centre Street, New York, New York, on ___ day of _______________, at ______________, or as soon as thereafter as counsel may be heard, WHY an order and judgment should not be granted pursuant to NY Not-for-Profit Corporation Law §618: A. Declaring that the purported Rentability, Inc. annual board meeting conducted on September 1, 2023 was improperly noticed and improperly held in contravention of Rentability, Inc.’s by-laws and New York Not-for-Profit Corporation Law and therefore the meeting and all resolutions purportedly passed by the purported board at such meeting or actions taken by respondents after such meeting are declared null and void and of no effect; B. Declaring that the results of the sham election held at the purported Rentability, Inc. annual board meeting conducted on September 1, 2023 in which respondents Jennifer Milosavljevic, Yoel Hershkowitch, and Aron Wolocowitz, were purportedly elected to the board of directors of Rentability, Inc. a nullity void and of no effect upon the grounds that: (1) the purported “annual meeting” was noticed and held without the authority or vote of the board on less than 48-hours’ notice in contravention of Rentability, Inc’s by-laws and New York Not-for-Profit Corporation Law; (2) respondent Jennifer Milosavljevic, who had resigned from the board over a year before said September 1, 2023 meeting voted in the election in contravention of Rentability, Inc’s by-laws and New York Not-for-Profit 2 Corporation Law, and, (3) a quorum was not present at said September 1, 2023 meeting in contravention of the Rentability, Inc’s by-laws and New York Not-for- Profit Corporation Law, and (4) as further found by the court; C. Declaring that pursuant to the By-Laws of Rentability, Inc., Respondent Jennifer Milosavljevic is not, and has not been, a member of the board of directors of Rentability since her resignation on August 21, 2022; D. Directing respondents to account for all financial, contractual and other transactions that were carried out by the respondents and the board that was purportedly elected in the sham election conducted on September 1, 2023 and to turn over all Rentability Inc. all books, records, communications and related correspondence and cooperate in providing information regarding the actions of respondents in the name of Rentability, Inc. so that Petitioner may discharge his duties as Director. President and Treasurer; E. That the invalidly elected or former board member respondents be enjoined from engaging in any business or activities on behalf of Rentability, Inc.; F. Awarding petitioner such other and further relief as the court may deem appropriate in the circumstances, including the costs and disbursements of this proceeding. SUFFICIENT CAUSE HAVING BEEN ALLEGED THEREFOR, it is ordered that pending the determination of this Order to Show Cause and this petition proceeding, Anna Martynova, Jennifer Milosavljevic, Yoel Hershkowitch, and Aron Wolocowitz, as well as their agents, servants and employees, are hereby enjoined and restrained: 3 1. From taking any action on behalf of Rentability, Inc. in their alleged capacities as officers or directors of Rentability, Inc. or exercise any duties or functions as an officer or director; and 2. From holding themselves out as officers or directors of Rentability, Inc.; and it is further ORDERED, that service of this order to show cause and the papers upon which it is based, and Verified Petition in this proceeding, by way of email to the respondents and Rentability’s purported counsel, Angelyn D. Johnson, Esq. (at email addresses provided by Angelyn D. Johnson, Esq.) and copy sent by overnight mail to Rentability Inc. at 16 Madison Square West,10th Floor, New York, NY 10010, its principal place of business, on or before the ________ day of September, 2023 shall be deemed good and sufficient service. OREDERED, that any submission by Respondents in opposition to Petitioner’s Order to Show Cause shall be served upon the attorneys for Petitioner by e-filing same by ___________________, 2023 and any reply submission shall be e-filed by attorneys for Petitioner by __________________. ENTER: _______________________ J.S.C. 4