Preview
FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023
At Part 54 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 21st day of September, 2023.
PRESENT: Jennifer Schecter, JSC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
In the Matter of
JORDAN BARDACH, Index No.: 159110/2023
Petitioner, ORDER TO SHOW
CAUSE
- against -
Motion Seq. 1
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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FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023
LET Respondents, Anna Martynova, Jennifer Milosavljevic, Yoel Hershkowitch, Aron
Wolocowitz, and Rentability, Inc., show cause before Part 54 of this Court, 60 Centre Street,
Room 228, New York, New York, on October 6, 2023 at 11:00 a.m., on Microsoft Teams,
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
Corporation Law, and, (3) a quorum was not present at said September 1, 2023
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FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023
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.
And it is ORDERED that petitioner’s request for a temporary restraining order is
DENIED; and it is further
ORDERED that this order and the papers upon which it is based shall be served on
respondents either personally or by overnight mail, and by email to all counsel of record, on or
before September 22, 2023, and an affidavit of service shall be e-filed by September 26, 2023;
and it is further
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FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023
ORDERED that opposition papers shall be e-filed by October 4, 2023; and it is further
ORDERED that oral argument on Microsoft Teams will be held on October 6, 2023 at
11:00 a.m.
A Teams invite will be sent to all current counsel of record, and if any additional counsel
appear they should email the court to request to be added to the invite.
ENTER:
____________________________
Jennifer Schecter, JSC
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Preview
FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023 At Part 54 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 21st day of September, 2023. PRESENT: Jennifer Schecter, JSC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X In the Matter of JORDAN BARDACH, Index No.: 159110/2023 Petitioner, ORDER TO SHOW CAUSE - against - Motion Seq. 1 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 1 of 4 FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023 LET Respondents, Anna Martynova, Jennifer Milosavljevic, Yoel Hershkowitch, Aron Wolocowitz, and Rentability, Inc., show cause before Part 54 of this Court, 60 Centre Street, Room 228, New York, New York, on October 6, 2023 at 11:00 a.m., on Microsoft Teams, 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 Corporation Law, and, (3) a quorum was not present at said September 1, 2023 2 2 of 4 FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023 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. And it is ORDERED that petitioner’s request for a temporary restraining order is DENIED; and it is further ORDERED that this order and the papers upon which it is based shall be served on respondents either personally or by overnight mail, and by email to all counsel of record, on or before September 22, 2023, and an affidavit of service shall be e-filed by September 26, 2023; and it is further 3 3 of 4 FILED: NEW YORK COUNTY CLERK 09/22/2023 11:42 AM INDEX NO. 159110/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/21/2023 ORDERED that opposition papers shall be e-filed by October 4, 2023; and it is further ORDERED that oral argument on Microsoft Teams will be held on October 6, 2023 at 11:00 a.m. A Teams invite will be sent to all current counsel of record, and if any additional counsel appear they should email the court to request to be added to the invite. ENTER: ____________________________ Jennifer Schecter, JSC 4 4 of 4