State Farm Mutual Automobile Insurance Company v. Grafman et al

New York Eastern District Court
Judge:	Nina Gershon
Referred:	Steven M Gold
Case #:	1:04-cv-02609
Nature of Suit	470 Other Statutes - Racketeer Influenced and Corrupt Organizations
Cause	28:1332 Diversity-Racketeering (RICO) Act

Case Filed:	Jun 23, 2004
Terminated:	Dec 23, 2015

Amicus OAG
Counter Claimant AAA-RAA Medical Supply, Inc.
Counter Claimant Amaze Medical Supply, Inc.
Counter Claimant Arbov, Inc.
Counter Claimant Arkadi Chapiro a/k/a Shapiro
Counter Claimant Belachy Supply, Inc.
Counter Claimant Careplus Medical Supply, Inc.
Counter Claimant Emmanuel Jacobs
Counter Claimant Fair Price Medical Supply, Corp.
Counter Claimant Galina Leykind
Counter Claimant Graham Management Group, Inc.
Counter Claimant Horizon Management of NY, Inc.
Counter Claimant Igor Berlovich
Counter Claimant Igor Vetoukh
Counter Claimant Isaak Yakubov
Counter Claimant IVB Medical Supply, Inc.
Counter Claimant Jacob Kagan
Counter Claimant Laura Leykind
Counter Claimant Lyubov Groysman
Counter Claimant Madera Medical Supply, Inc.
Counter Claimant Mara Services, Inc.
Counter Claimant Margarita Khalavsky
Counter Claimant Mariya Vitukhnovskaya
Counter Claimant Mirka United, Inc.
Counter Claimant Northridge Supply, Inc.
Counter Claimant Robert Khalavsky
Counter Claimant Roman Pergament
Counter Claimant Steven Leykind
Counter Defendant State Farm Mutual Automobile Insurance Company
Cross Claimant Abdrei Schultz
Cross Claimant Al Medical and Surgical Supply, Inc.
Cross Claimant Boris Rabinovich
Cross Claimant Jacob Kagan
Cross Claimant Semion Grafman
Cross Claimant Vladimir Nabutovsky
Cross Defendant A to Z Medical Supplies, Inc.
Cross Defendant AAA-RAA Medical Supply, Inc.
Cross Defendant Abdrei Schultz
Cross Defendant Al Medical and Surgical Supply, Inc.
Cross Defendant Albatros Medical, PC.
Cross Defendant Albert Srour
Cross Defendant Alec Palmer
Cross Defendant Aleksey Pugach
Cross Defendant Alexandrite Medical Care, PC
Cross Defendant Alla Shklyar
Cross Defendant Almaz Medical Services, PC
Cross Defendant Amaze Medical Supply, Inc.
Cross Defendant Arbov, Inc.
Cross Defendant Arkadi Chapiro a/k/a Shapiro
Cross Defendant Artur Klotsman
Cross Defendant Atlas Medical Equipment
Cross Defendant AYD Services, Inc.
Cross Defendant Belachy Supply, Inc.
Cross Defendant Belford Instruments and Equipment, Inc.
Cross Defendant Bergamo Medical, PC
Cross Defendant Bethel Equipment, Inc.
Cross Defendant Bohdar Vasechko
Cross Defendant Boris Rabinovich
Cross Defendant Careplus Medical Supply, Inc.
Cross Defendant Demitry Tsepenyuk
Cross Defendant Dilon Medical Supply, Corp.
Cross Defendant Dmitriy Kazakov
Cross Defendant Douglas J. Spiel
Cross Defendant Edel Surgical and Medical Supply, Inc.
Cross Defendant Eduard Koretsky
Cross Defendant Eduard Shklyar
Cross Defendant Eleanor Lipovsky
Cross Defendant Emmanuel Jacobs
Cross Defendant Empire Supply, Inc.
Cross Defendant Eshel Medical Rehabilitation, LLC
Cross Defendant Fair Price Medical Supply, Corp.
Cross Defendant Galina Leykind
Cross Defendant German Laufer
Cross Defendant Grafman Quality Products, Inc.
Cross Defendant Graham Management Group, Inc.
Cross Defendant Health World AI, Ltd.
Cross Defendant Horizon Management of NY, Inc.
Cross Defendant Igor Berlovich
Cross Defendant Igor Kats
Cross Defendant Igor Vetoukh
Cross Defendant ILya Mugerman
Cross Defendant Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin
Cross Defendant Infinity Health Products, Ltd.
Cross Defendant Iriona Ivleva
Cross Defendant Isaak Yakubov
Cross Defendant IVB Medical Supply, Inc.
Cross Defendant Jacob Kagan
Cross Defendant Kings Medical Supply Inc.
Cross Defendant KLM Trading, Ltd.
Cross Defendant Larisa Klochkov
Cross Defendant Laura Leykind
Cross Defendant Lee Craig Nagourney
Cross Defendant Liliya Yanovskaya
Cross Defendant Lyubov Groysman
Cross Defendant Madera Medical Supply, Inc.
Cross Defendant Mara Services, Inc.
Cross Defendant Margarita Khalavsky
Cross Defendant Mariya Vitukhnovskaya
Cross Defendant Meridian Medical Of NY, PC
Cross Defendant Milan Medical P.C.
Cross Defendant Mirka United, Inc.
Cross Defendant Model Supply, Inc.
Cross Defendant Northridge Supply, Inc.
Cross Defendant Oleg Leykind
Cross Defendant Oleg Portnov
Cross Defendant Palermo Medical, PC
Cross Defendant Refuah Medical Rehabilitation, LLC
Cross Defendant Robert Khalavsky
Cross Defendant Roman Pergament
Cross Defendant Rosgal, LTD.
Cross Defendant Seaside Wholesale, Ltd.
Cross Defendant Semen Vitukhnovskiy a/k/a Vitukh
Cross Defendant Semion Grafman
Cross Defendant Sergei Khokhlov
Cross Defendant Star Diagnostic Center, Inc. d/b/a Star Medical Systems
Cross Defendant State Farm Mutual Automobile Insurance Company
Cross Defendant Steven Leykind
Cross Defendant Tristate AJA Surgical Supply, Inc.
Cross Defendant Unique Distributor, Inc.
Cross Defendant Victoria Kagan
Cross Defendant Vista Surgical Supplies, Inc.
Cross Defendant Vladimir Nabutovsky
Cross Defendant Yacov Moin
Cross Defendant YAD Trading & Services, Inc.
Cross Defendant Zoya Maksumova
Defendant A to Z Medical Supplies, Inc.
Defendant AAA-RAA Medical Supply, Inc.
Defendant Abdrei Schultz
Defendant Al Medical and Surgical Supply, Inc.
Defendant Albatros Medical, PC.
Defendant Alec Palmer
Defendant Aleksey Pugach
Defendant Alexandrite Medical Care, PC
Defendant Alla Koretsky
Defendant Alla Shklyar
Defendant Almaz Medical Services, PC
Defendant Amaze Medical Supply, Inc.
Defendant Arbov, Inc.
Defendant Arkadi Chapiro a/k/a Shapiro
Defendant Artur Klotsman
Defendant Atlas Medical Equipment
Defendant AYD Services, Inc.
Defendant Belachy Supply, Inc.
Defendant Belford Instruments and Equipment, Inc.
Defendant Bergamo Medical, PC
Defendant Bethel Equipment, Inc.
Defendant Bob Rey
Defendant Bohdar Vasechko
Defendant Boris Rabinovich
Defendant Careplus Medical Supply, Inc.
Defendant castoria real estate llc
Defendant Demitry Tsepenyuk
Defendant Dilon Medical Supply, Corp.
Defendant Dmitriy Kazakov
Defendant Douglas J. Spiel
Defendant Edel Surgical and Medical Supply, Inc.
Defendant Eduard Koretsky
Defendant Eduard Shklyar
Defendant Edward Koretsky
Defendant Eleanor Lipovsky
Defendant Elena Kazhdan
Defendant Emmanuel Jacobs
Defendant Empire Supply, Inc.
Defendant Eshel Medical Rehabilitation, LLC
Defendant Fair Price Medical Supply, Corp.
Defendant Galina Leykind
Defendant German Laufer
Defendant Grafman Quality Products, Inc.
Defendant Graham Management Group, Inc.
Defendant Health World AI, Ltd.
Defendant Horizon Management of NY, Inc.
Defendant Igor Berlovich
Defendant Igor Kats
Defendant Igor Vetoukh
Defendant ILya Mugerman
Defendant Inessa Abramshik a/k/a Inesa Abramovshchik a/k/a Inessa Rubin
Defendant Infinity Health Products, Ltd.
Defendant Iriona Ivleva
Defendant Isaak Yakubov
Defendant IVB Medical Supply, Inc.
Defendant Jacob Kagan
Defendant KLM Trading, Ltd.
Defendant Larisa Klochkov
Defendant Laura Leykind
Defendant Lee Craig Nagourney
Defendant Liliya Yanovskaya
Defendant Lyubov Groysman
Defendant Madera Medical Supply, Inc.
Defendant Mara Services, Inc.
Defendant Margarita Khalavsky
Defendant Mariya Vitukhnovskaya
Defendant Meridian Medical Of NY, PC
Defendant Milan Medical P.C.
Defendant Mirka United, Inc.
Defendant Model Supply, Inc.
Defendant Northridge Supply, Inc.
Defendant Oleg Leykind
Defendant Oleg Portnov
Defendant Palermo Medical, PC
Defendant Refuah Medical Rehabilitation, LLC
Defendant Robert Khalavsky
Defendant Roman Pergament
Defendant Rosgal, LTD.
Defendant Seaside Wholesale, Ltd.
Defendant Semen Vitukhnovskiy a/k/a Vitukh
Defendant Semion Grafman
Defendant Sergei Khokhlov
Defendant Star Diagnostic Center, Inc. d/b/a Star Medical Systems
Defendant Steven Leykind
Defendant Tristate AJA Surgical Supply, Inc.
Defendant Unique Distributor, Inc.
Defendant Victoria Kagan
Defendant Vista Surgical Supplies, Inc.
Defendant Vladimir Nabutovsky
Defendant Yacov Kagan
Defendant Yacov Moin
Defendant YAD Trading & Services, Inc.
Defendant Yan Lyubomirsky
Defendant Zoya Maksumova
Garnishee Citibank, N.A.
Interested Party Albert Srour
Interested Party American Medical Inc.
Interested Party Edward W. Hayes
Interested Party Expo Medical Supplies, Inc.
Interested Party Frank McNally
Interested Party Metro Medical Services LLC
Interested Party Milan Medical P.C.
Interested Party NYS OAG
Interested Party Philip O'Hara Associates
Movant Day Hi-Tech Support Management
Movant Elliott Ifraimoff
Movant Reliable Medical Services, P.C.
Movant Wexford Medical, P.C.
Movant Wolodymyr M. Starosolsky
Objector Alla Raysin
Objector Kings Medical Supply Inc.
Objector Robert Sohn
Objector Sergei Khokhlov
Objector Yekaterina Boyko
Plaintiff State Farm Mutual Automobile Insurance Company
Respondent Boris Volfman
Respondent HSBC Holdings plc.
Respondent HSBC Mortgage Corporation (USA)
Respondent Law Office of Boris Volfman, P.C.
Respondent Miriam Kagan

	GPO Aug 04 2006 ORDER adopting recommendation of Magistrate Judge Steven M. Gold, dated May 23, 2006, that plaintiff's motion for prejudgment attachment on assets and a preliminary injunction be denied without prejudice to renewal with additional evidence. Insofar as defendants object to the portion of Judge Gold's decision allowing discovery to move forward, the request is denied and Judge Gold's decision is affirmed.(Signed by Judge Nina Gershon on 08/04/06).
	GPO Feb 09 2007 ORDER re 212 Letter, filed by State Farm Mutual Automobile Insurance Company: The Court has received plaintiff's letter dated February 7, 2007 and the Court requests additional information. See Attached Order. Ordered by Judge Steven M. Gold on 02/09/2007. (OConnor, Erin)
	GPO Dec 01 2007 ORDER granting in part and denying in part 320 Motion to Stay. Ordered by Chief Magistrate Steven M. Gold on 12/01/07. (Gold, Steven)
	GPO Jun 26 2009 REPORT AND RECOMMENDATIONS re 266 Motion to Freeze Assets of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company, respectfully recommending that plaintiff's renewed motion for an asset freeze against Jacob Kagan be denied, without prejudice to renewal based upon new evidence indicating that Kagan intends to frustrate enforcement of a judgment. In addition, I hereby order that Kagan produce the operating agreement for the LLC that holds title to the 390 Graham Avenue property, identify any bank or investment accounts of the LLC, and submit an affidavit from a person with knowledge stating whether the certificates issued on May 30, 2008 remain in effect and accurately reflect the entirety of current ownership interests in the LLC. This production shall be made forthwith, and in any event no later than July 15, 2009. Objections to R&R due by 7/15/2009. See attached R&R. Ordered by Chief Magistrate Steven M. Gold on 6/26/2009. (O'Connor, Erin)
	GPO Sep 21 2009 ORDER denying, in their entirety, Docket Entries 474, 483 and 526, Motions for Judgment on the Pleadings and Motion to Dismiss. Ordered by Senior Judge Nina Gershon on 9/21/2009. (Colorado, Chris)
	GPO Oct 01 2009 ORDER adopting Report and Recommendations of Magistrate Judge Gold 748, denying, without prejudice, plaintiff's motion to freeze the assets of defendant Jacob Kagan. Ordered by Senior Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
	GPO Oct 01 2009 ORDER denying the MOTION to Sever filed by Demitry Tsepenyuk, AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman,543,544,545, as premature. In addition, plaintiff State Farm is directed to advise the court in writing within TWO WEEKS as to the status of each defendant named in the action. Ordered by Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
	GPO May 19 2010 ORDER granting 890 Motion to Compel: Plaintiff's motion for an order requiring defendants Jacob and Victoria Kagan to document how the proceeds of the sale of real property at 390 Graham Avenue, Brooklyn, New York, were disbursed is GRANTED. See attached Order. Ordered by Chief Magistrate Steven M. Gold on 5/19/2010. (O'Connor, Erin)
	GPO Jul 16 2010 ORDER granting 927 Motion to Compel; MEMORANDUM AND OPINION; REPORT AND RECOMMENDATION re 927, respectfully recommending that plaintiff's motion for an order restraining certain of Kagan's assets be granted ( Objections to R&R due by 8/2/2010) (O'Connor, Erin)
	GPO Sep 24 2010 Erica)MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS RE 931; plaintiff's entitlement to protection of Kagan's assets to assure that any judgment it obtains can be enforced is well-established. Judge Gold's recommendation is therefore adopted, and plaintiff's application for an attachment is GRANTED. Defendant Kagan is therefore prohibited from selling, transferring, or in any way encumbering his properties at 601 Surf Avenue, Apartment 15N, Brooklyn, NY 11224 and 3 Esmac Court, Staten Island, NY 10304. Also, pursuant to CPLR � 6212(b), Plaintiff State Farm is hereby ordered to provide an undertaking in the amount of $500 by October 1, 2010. Ordered by Senior Judge Nina Gershon on 9/24/2010. (Fernandez,
	GPO Nov 18 2010 ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Recommendation of Magistrate Judge Steven M. Gold, dated March 22, 2010, is hereby adopted in its entirety. No objection to Judge Gold's recommendation was received. Defendant Arbov is hereby adjudged to be in default, and damages will be determined at a laterstage in the proceedings. Ordered by Senior Judge Nina Gershon on 11/17/2010. (fwd for judgment) (Fernandez, Erica)
	GPO Dec 07 2011 ORDER granting 1123 Motion for Default Judgment: On August 25, 2011, plaintiff filed a Motion for Default Judgment as a Sanction for Failure to Participate in Preparation of the Pre-Trial Order as to Igor Vetoukh. Plaintiff's Motion for Default is GRANTED. As a result, there are no remaining defendants active in this case. All other defendants have either settled or have had default judgments entered against them. This case, therefore, will proceed to a determination of damages. As plaintiff has proposed, plaintiff is hereby directed, within 30 days, to re-file its Statement of Actual Damages, including only those defendants against whom it has obtained a default judgment. Additionally, plaintiff shall submit affidavits, and any supporting documents, supporting the dollar amount of damages it is alleging. Plaintiff is directed to serve these papers, by mail, together with a copy of this order on all defaulted defendants except those represented by counsel, who will receive them on ECF, and to file proof of service. Any defendant wishing to be heard shall submit a response in writing within 30 days of service. The determination of damages as to all remaining defendants is hereby referred to Chief Magistrate Judge Steven M. Gold. All further scheduling and requests regarding damages will be handled by Magistrate Judge Gold. Ordered by Senior Judge Nina Gershon, on 12/5/2011.
	GPO Jun 28 2012 ORDER re 1146 Letter: The inquest will proceed on July 12, 2012. See attached Order for additional information. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/28/2012. (O'Connor, Erin)
	GPO May 08 2013 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, with the slight modification as set forth above, I adopt the Report and Recommendations of Judge Gold as the opinion of the court. The Clerk of Court is directed to enterjudgment against the defaulting defendants in the amounts set forth on pages 22-23 of the Report and in the Supplement to Report& Recommendation, dated Jan. 18,2013 (ECF Doc 1164), and to close this case. Ordered by Judge Nina Gershon on 5/3/2013. (fwd for judgment) (Fernandez, Erica)
	GPO Jan 21 2015 ORDER granting 1219 Motion to Compel. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2015. (Gold, Steven)
	GPO Dec 23 2015 ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE GOLD. Ordered by Judge Nina Gershon on 12/21/2015. Forwarded for Judgment. (Priftakis, Tina)
	GPO Oct 20 2016 ORDER denying 1304 Motion to Compel: See attached order. Ordered by Magistrate Judge Steven M. Gold on 10/20/2016. (Pronley, Alyssa)
	GPO May 02 2017 ORDER ADOPTING 1354 REPORT AND RECOMMENDATION re 1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company. I agree with Judge Gold's conclusion, find Mr. Kagan's objections unpersuasive, and grant State Farm's motion for an order directing the sale of the Esmac Property. Ordered by Judge Nina Gershon on 5/1/2017. (Barrett, C)
	GPO Sep 21 2017 OPINION & ORDER ADOPTING 1374 REPORT AND RECOMMENDATION re 1263 MOTION to Enforce Judgment filed by State Farm Mutual Automobile Insurance Company. The R&R is adopted in its entirety. State Farm's motion to recover funds from Volfman and Miriam Kagan is denied. State Farm's motion to recover funds from Yan Lyubomirsky, Edward Koretsky, Alla Koretsky, and Elena Kazhdan is granted as unopposed. The Clerk of Court is directed to enter judgment against these defendants in the amounts stated herein. Lastly, State Farm's motion to depose Volfman and for attorneys' fees is denied. Ordered by Judge Nina Gershon on 9/21/2017. (Barrett, C)
	GPO Jun 04 2019 OPINION & ORDER denying Yan Lyubomirsky, Edward Koretsky, and Alla Koretsky's motions for relief from judgment under Rule 60(b)(4) and Rule 60(b)(5). As to Elena Kazhdan, the parties are given 60 days to conduct jurisdictional discovery regarding Ms. Kazhdan. They shall then agree on a briefing schedule on the jurisdictional issue. Ordered by Judge Nina Gershon on 6/3/2019. (Barrett, C)

Docket last updated: 05/26/2025 11:59 PM EDT

Tuesday, July 16, 2019
1403		1403 notice Notice(Other) Tue 07/16 5:09 AM NOTICE by Elena Kazhdan re1402 Memorandum & Opinion, withdrawing jurisdictional arguments (Beynenson, Alek) Related: [-]
		order Order(Other) Tue 07/16 10:29 AM ORDER: In light of movant Elena Kazhdan withdrawing her jurisdictional argument and submitting to the court's jurisdiction, her Rule 60(b)(4) motion is hereby denied for the reasons stated in the court's opinion and order docketed on June 4, 2019. Ordered by Judge Nina Gershon on 7/16/2019. (Klemme, Joseph) Related: [-]

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