Motion-Secondary: Peter Stern, Express Trade Capital, Inc. v. Oleg Ardachev, Air Cargo Services, Llc, Delex Inc., Delex Air Cargo Llc. (Delaware), Delex Air Cargo Llc. (Washington)

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                                FILED:         NEW     YORK       COUNTY        CLERK        02/01/2018             05:13        PM                 INDEX    NO.   653476/2013
   NYSCEF     DOC.   NO.   155                                                                                RECEIVED      NYSCEF:     02/01/2018




                  SUPREME        COURT      OF   THE   STATE     OF  NEW     YORK
                  COUNTY        OF  NEW     YORK
                  -----------------------------------------x


                  PETER     STERN      and  EXPRESS      TRADE      CAPITAL,                       Index   No.  653476/13

                  INC.,                                                                   :        (Hagler,   J.)


                                                               Plaintiffs,                :        REPLY      AFFIRMATION            OF
                                                                                                   LON    J.  SEIDMAN       IN
                           -against-                                                      :        SUPPORT        OF   MOTION
                                                                                                   FOR    LEAVE      TO   AMEND
                  OLEG     ARDACHEV,         AIR   CARGO       SERVICES      L.L.C.,      :
                  DELEX      INC.,  DELEX      AIR   CARGO,      LLC,   a Delaware
                  limited   liability company,    and  DELEX      AIR   CARGO,            :

                  LLC,    a Washington     limited  liability company,


                                                               Defendants.
                  - -- - - -------     - -- - - - -- - ------------         - -- - - -- - x


                           LON     J. SEIDMAN,       an  attorney   duly   admitted   to the  courts   of the  State  of  New   York,


                  hereby   affirms   the following    to be  true under  the penalties   of perjury:


                           1.       I am   a partner   of  Diamond     McCarthy     LLP,   counsel   to  plaintiffs, and   am   I fully


                  familiar   with  the facts  set forth below.


                                                                                                      Plaintiffs'
                          2.        I submit    this Reply   Affirmation    in  further  support   of              motion    for leave


                  to  file an  amended     complaint    asserting,   as  alternative  claims   for  relief, claims   that  Defendant


                  Delex   Air  Cargo   Services,   LLC    ("Delex   ACS")    is the successor   to Defendant     Air  Caro   Services,


                  LLC    ("ACS").


                          3.        Attached    as Exhibit   A  is a true  and  correct  copy   of the  federal  tax return  for ACS


                   for year  ending   2014,  as provided    by the  company's     accountant.




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   FILED:         NEW     YORK       COUNTY        CLERK        02/01/2018             05:13        PM                 INDEX    NO.   653476/2013
   NYSCEF     DOC.   NO.   155                                                                                RECEIVED      NYSCEF:     02/01/2018




                            4.        Attached    as Exhibit   B  is a true and  correct  copy   of the  federal  tax return   for ACS


                    for year  ending   2015,  as provided    by  the company's     accountant.


                            5.        Attached    as Exhibit   C  is a true and  correct  copy   of the  federal  tax return   for ACS


                    for year  ending   2016,  as provided    by  the company's     accountant.


                    Dated:   New   York,   New   York

                             February    1, 2018




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