Paul Alexander Clark, Esq.
Thomas C. Cifelli, Esq.
10 Huron Ave., Suite: #1-N
Jersey City, New Jersey 07306
Tele: (202) 368-5435
Email: Spacelabs@verizon.net; pclark@pclarklegal.com
Attorneys for Third-Party Plaintiff Surender Malhan

Surender Malhan submits this answer, affirmative defenses and counter claims in response to the Complaint filed by Plaintiff Alina Myronova. Surender Malhan and SpaceAge Consulting as Third Party Plaintiffs submits these claims against Third Party Defendants Alina and Viktoriya Myronova.

1. Denied. The parties were not married in 2004 nor remarried in 2008.

2. Admitted insofar as this states a jurisdictional fact.

3. Admitted only insofar as that Alina was domiciled in Jersey City in February 2011.

4. Admitted insofar as that Alina was domiciled in Jersey City in February 2011.

5. Denied.

6. Admitted only insofar as the were two children born during the time of cohabitation.

7. Admitted.

8. Admitted insofar as there is property acquired by the parties during the period of putative marriage.

First Affirmative: estoppel;

Second Affirmative Defense: recoupment and/or set off;

Third Affirmative Defense: fraud and fraud in the inducement;

Fourth Affirmative Defense: unclean hands.

1. Defendant, Surender Malhan is a resident of the State of New Jersey and Hudson County.
2. Plaintiff Alina Myronova ("Alina") is a citizen of Ukraine, a Green Card holder and resident of the State of New Jersey.
3. Alina filed for divorce on 24 Feb 2011 in Family Court, Hudson County, New Jersey.
4. Third-Party Defendant Viktoriya Myronova ("Viktoriya") is a resident of the State of New Jersey.
5. Viktoriya is mother of Alina.
6. Alina and Malhan are parents of two children, Edward and Valerie, born in 2006 and 2009.
7. SpaceAge Consulting Corporation ("SpaceAge") is a Software Services Firm, registered in the State of New Jersey as a Software Services Firm with its principal place of business at 10 Huron Avenue, Suite #1-N, Jersey City, Hudson County, New Jersey 07306.
8. SpaceAge provides Software Development, Application Integration, and Technology Training Services. SpaceAge has about 15 employees and about $1.5 million in yearly revenues.

FACTS OF THE CASE

9. Malhan was born in India in 1960.
10. In India, Malhan graduated from the National Defense Academy.
11. Malhan served in the Indian Army signals corps for 11 years, achieving the rank of Captain.
12. While in the Army Malhan received a degree in Electronics Engineering and a Masters in Computer Science from Indian Institute of Technology Bombay.
13. In March 1995 Malhan arrived in the US on H1B visa (specialized work permit visa).
14. In 1995 Malhan worked at Bankers Trust in Jersey City, in 1996 to 1997 at Chase Manhattan Bank, and in 1998 for Merrill Lynch.
15. Alongside his full-time job, in May 1996 Plaintiff started SpaceAge, Software Services Firm, registered in the State of New Jersey with its principal place of business currently at 10 Huron Avenue, Jersey City.
16. At all times Malhan has been, and remains, 100% owner of SpaceAge.
17. For several years, Malhan worked a grueling 90 plus hours per week, with no vacation and investing all his earnings to provide working capital for SpaceAge, Over several years, Malhan painstakingly made SpaceAge profitable.
18. From 1993 onward, Malhan was trying to find a soul mate, a life partner with whom to raise a family, and to spend the rest of his life.
19. Malhan met Alina in Kharkov, Ukraine in May 2003.
20. In 2003 Alina was working part-time as a translator, earning a small amount of money.
21. Ukraine is one of the poorest countries in Europe, and had a per capita income of $4500 in 2003. In contrast, the US per capita income in 2003 was over $38,000.
22. In 2003 Alina owned no property and had no savings or assets.
23. In the summer of 2003 Malhan explained to Alina that he would like her to be his "life-partner" and mother of his children if she was willing to love him, have three children, learn Hindi, learn about Hindu culture, such as learning to cook Indian food, sometimes wear Indian style clothing and love his family. Alina promised Malhan she was willing to do all of these things. Alina wanted, agreed and promised that she would be a working lady.
24. Alina never made an attempt to learn Hindi or learn about Indian culture.
25. On the basis of Alina's promises and assurances Malhan vowed to Alina in late 2003 that he would support her as his life partner. Alina also promised Malhan at this time to love him and be a faithful life partner.
26. On or around January 1, 2004 Alina surprised Malhan by telling him that she would only live with him on the condition that he also bring her mother Viktoriya to the United States and support her too.
27. Malhan was very upset that Alina had added a condition that he support Viktoriya, but after Malhan's vow to support Alina he was morally committed to her and acquiesced in her demand to support Viktoriya, hoping that Alina was as morally committed to the relationship as he was.
28. After January 1, 2004 Malhan began to refer to Alina as his "wife" although there had been no legal marriage.
29. Malhan paid for Alina and Viktoriya to come to the US in early 2004.
30. From the first days when Viktoriya arrived in the US, SpaceAge and/or Malhan paid for all Viktoriya's expenses including her apartment, utilities, and food.
31. In October 2004, Malhan took Alina on a visit to India to meet his family, but Alina showed no interest in getting to know Malhan's family.
32. In late 2004 before Alina or Viktoriya were employees of SpaceAge, the company wrote checks made out to Alina and Viktoriya for "Petty Cash" in the amount of $18,000. Although ostensibly this money was supposed to be for business expenses in reality Alina and Viktoriya took this money and deposited it in the bank in a joint CD in their names.
33. In or about December 2004 Alina began working for SpaceAge, and in early 2005 Viktoriya began working for SpaceAge.
34. Alina and Viktoriya pretended to be family and gained access to Mr. Malhan’s residence and business. If they had not pretended to be family, they would never have gained access to Mr. Malhan’s business
35. In 2004 SpaceAge obtained H1-B visa (work permit visa) for Defendants Alina Myronova and Viktoriya Myronova.
36. Although she was on pay role Viktoriya did very little work. In 2005, 2006 and 2007 she largely studied English at Hudson County Community College and studied BS Computer Science at Jersey City University.
37. After Alina and Viktoriya began working for SpaceAge, SpaceAge continued to pay for virtually all of their personal expenses including Viktoriya's rent, utilities and food.
38. After Alina and Viktoriya became employees of SpaceAge they asked SpaceAge to write them checks for tens of thousands of dollars for "petty cash" ostensibly for business expenses but in reality the money was used to pay for personal expenses or simply put in the bank.
39. Alina and Viktoriya appear to have taken about $50,000 in petty cash money from 2004 through 2006 and deposited it in a bank account in both their names.
40. Years later Viktoriya tried to cover up the theft from petty cash by her and Alina by falsely claiming that the money in her account came from Ukraine (but this claim was contradicted by her own deposition testimony in which she stated she brought no money from Ukraine).
41. SpaceAge agreed to pay for Viktoriya to attend Jersey City State University on the condition that she study computer programming so that she could work for SpaceAge as a programmer.
42. SpaceAge ultimately paid over $10,000 in tuition for Viktoriya as well as paying for her books, and paying her salary. Ultimately, Viktoriya refused to actually become a programmer, and refused to study the materials necessary to become proficient at programming.
43. Malhan acquiesced to pressures from Alina to pay Alina and Viktoriya salaries well in excess of their true market value because he believed they were sincere family members.
44. Malhan could have used the money used to pay Alina and Viktoriya to pay his own salary, but Alina and Viktoriya assured him that any money or assets they obtained would be for the family as a whole and especially for Malhan’s children.
45. From 2005 until Alina filed for divorce in February 2011, Alina and Malhan resided in Apartment 2L at 10 Huron. From 2005 until 2007 SpaceAge paid the rent and bills for apartment 2L.
46. In 2007 Alina convinced Malhan that SpaceAge should stop renting Apt 2L and that he should purchase 2L.
47. In May 2007, Malhan purchased 2L largely with premarital assets, although Alina had her name added to the title.
48. Alina decided to make major renovations to 2L after it was purchased, ultimately spending over $200,000 of money for the renovations but paid for largely by Malhan and/or SpaceAge.
49. Over the next two years, Alina convinced Malhan to purchase six more properties as investment properties to rent which were located in the same complex. The equity in 2L was used as collateral for these new properties with an umbrella mortgage.
50. Alina ultimately contributed no money whatsoever to the purchase of any of these properties.
51. Alina had her name placed on the title to each of these investment properties.
52. Since these investment properties were purchased in 2007 and 2008, the rent received has been less than the mortgage payments, and Malhan has paid the mortgage from his salary.
53. Malhan yielded to Alina’s desire to "manage" these investment properties by collecting rent, but unknown to Malhan she was depositing the rent in her bank account and diverting a major portion of the rental income to Viktoriya and concealed this from Malhan.
54. Viktoriya used this money to purchase two properties (8M and 17R) in the same complex.
55. At about the same time that Alina convinced Malhan to begin buying properties in both their names, Alina also convinced Malhan to help Viktoriya purchase property. Up until early 2007 SpaceAge had been paying for Viktoriya's rent and utilities.
56. In November 2006 Alina transferred $18,500 to Viktoriya. Alina transferred another $3200 to Viktoriya on December 12, 2006, another $3350 to Viktoriya on January 16, 2007, and $63,528.47 to Viktoriya on March 21, 2007. These are only a few of the secret transfers of money from Alina to Viktoriya.
57. As Alina was transferring all the money at her disposal to her mother, Alina did not contribute any money from her own salary to purchasing properties that were listed as owned jointly by her and Malhan.
58. Over the next several years, until January 2011, Alina continued to transfer money to her mother, ultimately totaling at least $290,000 transferred to Viktoriya between November 2006 and January 2011.
59. Alina transferred substantially more money to Viktoriya than Alina was paid in salary.
60. These transfers from Alina to Viktoriya were largely made without Malhan's knowledge.
61. Alina used tens of thousands of dollars in rent money collected from tenants of the rental properties to transfer to Viktoriya. This was done without the knowledge or consent of Malhan.
62. In March 2008, Alina and Malhan went through a marriage in Jersey City.
63. Defendant Alina Myronova was unable to get her Green Card from SpaceAge, after which she insisted that Mr. Malhan ask Ms. Zeba Fatima from Sunsoft to file her Green Card. In 2007, Sunsoft filed green card application for Alina Myronova.
64. By December of 2007 Sunsoft was unable to obtain the green card for Alina Myronova. Having left with no choice, Defendant Alina Myronova then persuaded Mr. Malhan to marry her.
65. Alina convinced Malhan that they should claim that this marriage was a "remarriage" though it was not.
66. Malhan and Alina both signed this "remarriage" license.
67. In 2007 SpaceAge made large, no-interest loans to Viktoriya to help her to purchase an Apartment.
68. In the Summer of 2009, Alina and Viktoriya convinced Malhan to purchase office space for SpaceAge and to put the property in Viktoriya's name.
69. Malhan and SpaceAge loaned Viktoriya money to help make the purchase.
70. Viktoriya and Alina agreed that Viktoriya was only holding the property for Malhan and that Viktoriya would transfer the property to Malhan any time he requested it.
71. SpaceAge paid Viktoriya more than the fair market rent for the properties.
72. During this time period (2005 to 2010) Viktoriya was acting as bookkeeper for SpaceAge.
73. Rent on the properties was paid at irregular intervals and in irregular amounts, and so Viktoriya used her position as bookkeeper and trusted family member to manipulate the rent payments so that she was able to conceal exactly how much rent was being paid.
74. Thus between September 2009 and October 2010 SpaceAge paid Viktoriya $208,000 in rent in four payments.
75. This $208,000 was several times the market value of the property.
76. The entire amount paid for the office space was approximately $450,000. Thus in just one year SpaceAge paid almost one half of the entire cost of purchase.
77. Moreover, SpaceAge also paid for the cost of all renovations to the office space.
78. Although Viktoriya was able to hide the precise amount that SpaceAge was paying for rent, it was agreed between Malhan and Viktoriya that SpaceAge would pay above the market rate in rent in order to permit Viktoriya to quickly pay down the mortgage for the office units.
79. Unknown to Malhan, however, Viktoriya used the extra rent money to pay off the mortgage on other rental properties she had purchased.
80. The situation of having his putative wife and mother-in-law working at SpaceAge was creating turmoil and upheaval for both the business and for the family, so on or about January 1, 2011 Malhan fired Alina and Viktoriya.
81. Soon after this in or about January 2011 Malhan happened to see a bank statement of Alina's that she had happened to leave at the residence.
82. From reading Alina's bank statement, Malhan learned for the first time that Alina was depositing all rental income in her bank account and transferring some to Viktoriya.
83. Malhan confronted Alina in January 2011 asking her to explain and justify why she was transferring so much money to Viktoriya.
84. Also in January 2011, Malhan learned that Alina had started charging vast sums of money on the couple's joint credit card.
85. The bills on the credit card were paid by SpaceAge and Malhan told Alina she could not charge so much money on the card.
86. Alina then secretly raised the credit limit on the joint credit card and proceeded to charge tens of thousands of dollars on the credit card in the six week before and after she filed for divorce.
87. Alina also obtained her permanent resident status (permanent Green Card) in or around January 2011.
88. In preparation for her planned divorce, Alina in January and February 2011 began concocting and encouraging conflicts with Malhan, refusing to permit him to be with his children.
89. Alina repeatedly called police to try to create incidents, at one point claiming there was a hostage situation with Malhan holding his son hostage in the SpaceAge office.
90. On at least one occasion Alina grew violent and scratched Malhan causing him physical injury during an argument she staged.
91. In or about January 2011, Viktoriya, through Alina, informed Malhan that Viktoriya could not afford to pay the mortgage on the office units (1M & 1N).
92. Malhan was shocked at this comment believing that the $208,000 in rent had been going to pay down the principal, but asked Alina and Viktoriya to transfer ownership of the office units (1M & 1N) to Malhan as they had previously agreed she would do when requested.
93. Viktoriya insisted that Malhan assume the mortgages for the properties, which Malhan was shocked to find totaled $346,209.07 (with only $30,000 in principal having been paid by Viktoriya).
94. Viktoriya, through Alina, insisted that Malhan pay Viktoriya an additional $110,000 supposedly to cover her taxes and expenses.
95. In reality, the $110,000 was not to cover expenses but allowed Viktoriya to achieve a significant profit on the transaction.
96. Between the assumption of the mortgage and the additional $110,000, - Malhan paid $456,209 for the property, which was about the same as the properties were purchased for in September 2009.
97. The value of properties in the building had generally declined at this time, for example, Unit 2L in the same building was purchased for $360,000 in 2007 and valued at $342,000 in 2011.
98. Because SpaceAge had also paid Viktoriya $208,000 in rent, Viktoriya was able to realize a huge profit on property she had agreed to hold in trust for Malhan.
99. Malhan ultimately paid the full amount Viktoriya demanded because Viktoriya claimed this was only enough money to cover the expenses she had incurred in holding the property.
100. After filing for divorce Alina was willfully unemployed for over a year.
101. In or about June 2012 Alina began working at an IT firm.
102. Alina worked at this firm for about six months and was laid off or fired.
103. In May or June of 2012 Alina began co-habitating with Phillip Pigg at Pompton Plains.
104. In or around February 2013 Alina began working for a second IT firm.
105. Alina worked at this second firm for about six months and was fired for dishonesty.
106. In or around August or September 2013 Alina began working for a third IT firm.
107. Alina worked at the third firm for several months and was fired.
108. In or around September 2013 Alina began co-habitating with Jeff Rothstein.

FIRST COUNT

ANULLMENT OF MARRIAGE

109. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
110. Alina never had a true commitment to live with Malhan as husband and wife.
111. From the first weeks she came to the United States Alina was only interested in obtaining green card and money for herself and her mother.
112. Even before she began working for SpaceAge she asked that "petty cash" checks be written to her and her mother, and they took the money and put it in Viktoriya's bank account. In the first year they were in the United States Alina and Viktoriya stole approximately $50,000 from SpaceAge petty cash.
113. Alina also insisted that Malhan and SpaceAge pay for all of Viktoriya's expenses including her apartment and education.
114. Alina took every penny of her salary, and more, and was diverting it to her mother in anticipation of divorce.
115. Alina and Viktoriya convinced Malhan to pay them well above market wages supposedly because they were family.
116. When Malhan first met Alina he asked her if she would be willing to learn Hindi, wearing Indian clothing (at least occasionally) and learn to cook Indian food. Alina agreed but never did any of these things.
117. Alina never attempted to develop any sort of relationship with Malhan's parents or siblings.
118. Alina did not even reside in the same bedroom with Malhan for very long. Soon after moving into 2L Alina moved into a separate bedroom and maintained a separate bedroom until she filed for divorce in 2011.
119. Alina even wanted to move far away in 2005.
120. In the Fall of 2005 Alina applied to the New England School of Law in Boston, the Roger Williams University School of Law in Rhode Island, Syracuse University, Howard University in Washington, D.C., Vermont Law School near Montpelier. Attending any of these schools would have required Alina to move away from Jersey City.
121. In January 2006 Alina applied to West Virginia University, to Campbell University in North Carolina, and Cooley Law School in Michigan.
122. In the Fall of 2006 in anticipation of obtaining her green card from SpaceAge Alina wanted to move out and live separately. The green card from SpaceAge never came and she backtracked.
123. Alina obtained her final Green Card in or about January 2011 and filed for divorce almost immediately thereafter.
124. Throughout the time Malhan and Alina lived together Alina showed no commitment to the relationship but treated Malhan as a means of obtaining money and a Green Card.
125. Although Malhan went through a marriage ceremony in March 2008, this ceremony was a fraud as Alina had no intention of being a real wife to Malhan but needed to go through the ceremony to ensure she got her Green Card, and in the hopes of getting property and alimony out of Malhan.
126. From the beginning, Alina and Viktoriya lied, cheated, manipulated, mislead and gave false assurances and promises to Malhan to induce him to "marry" Alina.
127. After Alina and Viktoriya achieved their goals, Alina filed for divorce.
128. Malhan wanted a wife, a soul mate and a life partner, but Alina and Viktoriya wanted - (a) to come to US. (b) get their Green Cards. (c) obtain as much money and property as possible from Malhan.
129. Alina never at any point had the intention of truly entering a real marital commitment.
130. Alina's assurances that she loved Malhan and sincerely wanted to be his wife were lies.
131. The personal, emotional loss to Malhan from Alina's fraudulent marriage cannot be quantified in money.

WHEREFORE, Counter Claimant Surender Malhan demands judgment against Plaintiff Alina Myronova

a) For annulment, and a declaration that there never was a valid marriage and any putative marriage is null and void;

b) Compensation for personal loss;

c) Costs and fees;

d) Any additional relief that the Court deems just and proper.

SECOND COUNT

UNJUST ENRICHMENT (ALINA AND VIKTORIYA )

132. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
133. Alina Myronova and Viktoriya Myronova lied, cheated, mislead and gave false assurances and promises. They mislead Malhan into believing and trusting that they were loyal, they would stay loyal, and that they would do what ever it takes to make the marriage work, that they are in it for the long haul.
134. Alina and Viktoriya repeatedly assured Malhan "We are very loyal to the family and any money gifts or assets you give us will stay in the family and be used for the children or be given back to you."
135. By means of these false pretenses, Alina and Viktoriya obtained benefits to which they were not entitled from Malhan and SpaceAge.
136. Alina and Viktoriya induced Malhan, through SpaceAge to pay for all of their expenses, including an apartment for Viktoriya before she could even work for SpaceAge.
137. Malhan did not inquire when SpaceAge petty cash expenditures skyrocketed after Alina and Viktoriya came to the US because he trusted them and did not want to accuse them.
138. It was only after Alina filed for divorce that Malhan took a close look at petty cash expenditures and compared this with Viktoriya's bank statements that he realized where all the money was going.
139. Starting in the winter of 2004 to 2005 Alina and Viktoriya were given well paying jobs for doing very little work.
140. From March 2004 through Spring of 2007, SpaceAge paid approximately $1000 a month to rent Apartment 10R for Viktoriya, as well as paying at least $200 per month for her utility bills during this time.
141. By way of SpaceAge paying Viktoriya's rent and utilities, she collected over $40,000 in benefits to which she was not entitled, under the pretence of being a loyal family member and a loyal long-term employee of SpaceAge.
142. SpaceAge paid over $10,000 in tuition and other fees to Jersey City University based on Viktoriya's promise to study computer programming and become a computer programmer for SpaceAge.
143. Alina and Viktoriya convinced Malhan and SpaceAge to help them purchase properties which they claimed would be used for the benefit of the family as a whole; instead, they used this money and property to benefit themselves at the expense of Malhan and SpaceAge.
144. While Malhan was virtually paying virtually all bills for Alina and Viktoriya, Alina took every penny of her salary, and more, and was diverting it to her mother in anticipation of divorce.
145. By means of the above Alina and Viktoriya enriched themselves to the detriment of Malhan and SpaceAge.

WHEREFORE, Counter Claimant Surender Malhan demands judgment against Alina Myronova and Viktoriya Myronova

a) For damages for unjust enrichment;

b) Costs and fees;

c) Any additional relief that the Court deems just and proper.

THIRD COUNT

Recoupment of Charges and Dissipated Assets (ALINA AND VIKTORIYA)

146. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
147. Malhan had a Visa signature card in his name since before meeting Alina.
148. The bills for this Visa signature card were paid by SpaceAge.
149. This card was to be used primarily for business expenses.
150. From 2004 until November 2009, this card had at least a $15,000 credit limit.
151. In December 2009, Malhan added Alina as a cosigner but lowered the credit limit to $6000.
152. Malhan warned Alina to limit any personal expenses on the card.
153. In December 2010 Alina began secretly increasing the credit limit on the card. From December 2010 through March 2011 Alina requested multiple credit increases and increased the credit limit to $45,000.
154. During this period of December 2010 through March 2011 Alina charged over $50,000 on the card, knowing that Malhan and SpaceAge would have to pay the bill.
155. Some of these charges went directly to pay for things for Viktoriya. For example, on December 26, 2010 Alina charged $1790 to make a down-payment on a vacation time-share in Florida purchased in the name of Viktoriya.
156. In January 2011 Malhan specifically instructed Alina that she could not charge more than $2000 a month on the card. Nonetheless, she charged over $31,000 on the February statement alone.
157. Moreover, many of these charges appear to have been made for no apparent reason. For example, Alina purchased thousands of dollars in clothing for teenagers, although her children were toddlers.
158. As another example, Alina charged over $1500 for designer glasses the week before she filed for divorce, falsely claiming that she needed a new prescription, but the prescription for the new glasses was exactly the same as the earlier ones.
159. Alina charged tens of thousands of dollars in a three month shopping spree, because she thought that once she filed for divorce the credit card would be cut off.
160. In fact, even after filing for divorce, Alina continued to charge tens of thousands of dollars on the credit card and left Malhan and SpaceAge to pay the bill.
161. Viktoriya aided and abetted the dissipation of assets and charges on the credit card by permitting Alina to conceal much of the purchased items at Viktoriya's apartment.

WHEREFORE, Counter Claimant Surender Malhan and Third Party Plaintiff SpaceAge demand judgment against Alina Myronova and Viktoriya Myronova, for

a) Compensation for visa purchases in the amount of at least $50,000.00, in a final amount to be determined at trial;

b) Costs and fees

c) Any additional relief that the Court deems just and proper.

FOURTH COUNT

Conspiracy to Commit Fraud (ALINA AND VIKTORIYA)

162. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
163. Alina pretended to be a loyal life-partner and wife in order to obtain the trust and confidence of Malhan.
164. Within weeks of Alina ostensibly agreeing to be a devoted partner of Malhan, Alina demanded that Malhan bring Viktoriya to the United States and support her.
165. Almost immediately after arriving in the United States, Alina and Viktoriya began stealing large amounts of money from SpaceAge petty cash.
166. The money taken from petty cash, approximately $50,000 was placed in Viktoriya's bank account at Bank of America, although it was in a joint CD in the names of Alina and Viktoriya.
167. In November 2006 Alina began transferring assets to Viktoriya to hide money from Malhan and ensure that she would have no assets once she married and divorced.
168. In 2007 Alina asked Malhan to invest premarital assets in properties that were in both their names so that once she married and divorced she might claim a share of these assets.
169. From 2007 onward Alina claimed to be managing properties but she was diverting rental money to her mother to hide it from Malhan.
170. Between November 2006 and January 2011, Alina transferred at least $290,000 to Viktoriya.
171. From 2005 through December 2011, Alina and Viktoriya pretended to be loyal family members so that Malhan would provide them with overpaid jobs at SpaceAge.
172. Alina and Viktoriya explicitly assured Malhan that the money he channeled to them and the properties he help Viktoriya buy would be kept for the family and the children.
173. Malhan agreed to pay Alina and Viktoriya wages well above market value based on their promise that their wages would be used to benefit the family as a whole.
174. Rather than using payments from salary and rent to benefit the family as whole, Alina and Viktoriya worked to put all assets in Viktoriya's name so that they would not be seen as marital assets.
175. Malhan also gave Alina and Viktoriya tens of thousands of dollars in jewelry and other gifts based on their pretense to being family.
176. In 2008 Alina convinced Malhan to enter a marriage ceremony in Jersey City and to go along with the pretence that this was a remarriage.
177. At the time Alina was already plotting a divorce and wanted to claim it was a "remarriage" so that when she filed for divorce it would appear that the marriage was longer than it was.
178. Between March 2008 and February 2011, Alina did everything possible to transfer marital asserts to Viktoriya in preparation for her divorce.
179. Within a few weeks of the marriage in March 2008 Alina even tried to convince Malhan to transfer ownership of SpaceAge to her.
180. Alina falsely claimed that she and Malhan would get a better interest rate to purchase additional properties if SpaceAge were in her name.
181. SpaceAge accountant June Toth showed Malhan that Alina's assertion about a better interest rate was wrong.
182. Alina had no reason for seeking to gain control of SpaceAge other than for her own personal self-interest, just as she had convinced Malhan to place all his premarital assets into real property.
183. Alina lied to Malhan by telling him that she would manage the rental properties and pay the mortgages from the rents collected.
184. Alina would also tell Malhan how much additional payments were needed for mortgage over and above the rent collected.
185. Alina repeatedly lied about how much money was being collected in rent and how much money was owed in mortgage in order to get Malhan to give her more money.
186. Alina would ask Malhan to sign blank checks - entire check-book on the pretext that she does not want to bother him again and again and will use these to pay the mortgages. Malhan trusted her and complied.
187. In reality Alina was diverting rental money to Viktoriya.
188. Alina even falsified documents to conceal the fact that rental money was going to her mother.
189. For example, Alina at some point altered at least two checks, one for $35,000 and other for $11,000, that were written to Viktoriya but later altered by whiting out Viktoriya's name and writing in the name of a mortgage company to conceal the real destination of the funds.
190. Throughout the cohabitation, Viktoriya aided and abetted Alina in concealing assets by accepting assets and hiding them in her accounts and actively concealing them from Malhan.
191. Alina and Viktoriya acted deliberately to steal money and assets from Malhan.
192. From 2006 onward Alina and Viktoriya engaged in a deliberate scheme to transfer assets from Alina to Viktoriya in order to hide them from Malhan when Alina separated.
193. Alina falsely assured Malhan that she loved him and was a sincere partner who would live with him as his wife.
194. These assurances were false and Alina knew them to be false.
195. Alina made these false assurances in order to obtain, money, property and a Green Card.
196. Malhan reasonably relied on Alina's assurances of faithfulness.
197. Malhan was damaged by losing hundreds of thousands of dollars to Alina and Viktoriya as well as suffering non-economic damages.
198. Alina and Viktoriya have actively sought to conceal the transfer of assets to her, including by falsifying documents provided in discovery.
199. Viktoriya falsified one of her bank statements which she provided in Discovery by whiting out a $35,000 deposit. The $35,000 deposit was from a check written to her by Alina. Alina had falsified the record of this particular $35,000 check by making it appear that the funds had gone to Emigrant Mortgage.
200. Thus Viktoriya actively conspired with Alina to conceal their fraud by falsifying evidence.
201. Alina falsified other checks including one written to her mother for $11,000 and altered at some point.
202. These fraudulent transfers and falsification of evidence by Alina and Viktoriya were willful and malicious done with the intent of denying Malhan his rightful property.

WHEREFORE, Counter Claimant Surender Malhan and Third Party Plaintiff SpaceAge demand judgment against Alina Myronova and Viktoriya Myronova for

a) Actual damages of at least $300,000 in a total amount to be proved at trial;

b) Punitive damages;

c) Costs and fees;

b) Any additional relief that the Court deems just and proper.

FIFTH COUNT

Use of Fraudulent Documents (ALINA AND VIKTORIYA)

203. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
204. Alina even falsified documents to conceal the fact that rental money was going to her mother.
205. For example, Alina at some point altered at least two checks, one for $35,000 and other for $11,000, that were written to Viktoriya but later altered by whiting out Viktoriya's name and writing in the name of a mortgage company to conceal the real destination of the funds.
206. Throughout the cohabitation, Viktoriya aided and abetted Alina in concealing assets by accepting assets and hiding them in her accounts and actively concealing them from Malhan.
207. Alina and Viktoriya acted deliberately to steal money and assets from Malhan.
208. Much of this money was invested in properties titled in the name of Viktoriya.
209. Viktoriya has actively sought to conceal the transfer of assets to her, including by falsifying documents provided in discovery.
210. Viktoriya falsified one of her bank statements which she provided in Discovery by whiting out a $35,000 deposit. The $35,000 deposit was from a check written to her by Alina. Alina had falsified the record of this particular $35,000 check by making it appear that the funds had gone to Emigrant Mortgage.
211. Thus Viktoriya actively conspired with Alina to conceal their fraud by falsifying evidence.
212. These fraudulent transfers and falsification of evidence by Alina and Viktoriya were willful and malicious done with the intent of denying Malhan his rightful property.
213. Malhan reasonably relied on these false documents (bank statements) when he received them from Alina and Viktoriya in 2011 and 2012.
214. Malhan was damaged by the falsification of documents by Alina and Viktoriya as he spent and ultimately wasted thousands of dollars

WHEREFORE, Counter Claimant Surender Malhan and Third Party Plaintiff SpaceAge demand judgment against Alina Myronova and Viktoriya Myronova for

a) Actual damages of at least $10,000 in a total amount to be proved at trial;

b) Punitive damages;

c) Costs and attorneys' fees;

b) Any additional relief that the Court deems just and proper.

SIXTH COUNT

Intentional Infliction of Emotional Distress (ALINA AND VIKTORIYA)

215. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
216. Alina pretended to be in love with Malhan and pretended to be truly committed to him in order to line her own pockets (with her mother).
217. This conduct was reckless and intentional.
218. Alina knew, or reasonably should have known that such conduct was going to cause severe emotional distress.
219. This conduct was extreme and outrageous.
220. Viktoriya aided and abetted this extreme and outrageous conduct by facilitating Alina's embezzlement and concealment of assets, including helping Alina to conceal assets in Viktoriya's bank account.
221. Alina further deprived Malhan of access to his children through false allegations that he was unable to care for them.
222. Alina made a variety of allegations to attempt to deprive Malhan of his children, allegations she knew to be false.
223. Even before filing of divorce, from 28^th Dec 2010 to 24^th Feb 2011 Alina denied Malhan Parenting time.
224. From 24 Feb 2011 to 1^st April 2011 Malhan had mere two hours a week supervised parenting time.
225. From 1 April 2011 to 20 May 2011, Malhan had two hours a day parenting time.
226. From 20 May 2011 to 21st October 2011, Malhan had 2 hours of parenting time on weekdays, 6 hours on Saturdays and no time on Sunday.
227. Effective 21st October 2011 Malhan had 3 hours on weekdays, 9 hours on Saturdays and no time on Sunday.
228. Parenting time of mere 2 or 3 hours every day and having no sleepovers is detrimental to the emotional well being of the children and for proper parenting.
229. This conduct was extreme and outrageous, and wrongfully deprived Malhan of all but the most minimal contact with his children.
230. The above conduct caused Malhan severe emotional distress and mental anguish, as well as causing severe distress for the children

WHEREFORE, Counter Claimant Surender Malhan and Third Party Plaintiff SpaceAge demand judgment against Alina Myronova and Viktoriya Myronova for

a) Actual damages in a total amount to be proved at trial;

b) Punitive damages;

c) costs and fees;

d)) Any additional relief that the Court deems just and proper.

SEVENTH COUNT

Constructive Trust of Properties (VIKTORIYA)

231. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
232. Common law refers to a "constructive trust" as a trust imposed by a court to rectify a situation where a defendant wrongfully withholds or becomes unjustly enriched from property that belongs to the plaintiff.
233. Up until March 2007 Viktoriya had been living rent and expense free thanks to Malhan and SpaceAge paying all her bills.
234. In early 2007, however, Alina and Viktoriya decided they wanted to start acquiring property.
235. Although Viktoriya had managed to acquire over $100,000 in cash by March 2007 this was not enough to purchase property.
236. In March 2007 Viktoriya had no credit history and had only lived in the U.S. about two years.
237. In March 2007, Alina convinced Malhan to have SpaceAge give Viktoriya $100,000 at no interest to permit her to purchase Apartment 8M, 225 Saint Pauls Ave, Jersey City.
238. Alina also transferred funds to Viktoriya to help finance the purchase of 8M but told Malhan that Viktoriya is getting a loan of $100,000 from Ukraine against the property she has there.
239. The cost of 8M was $240,000.
240. Almost all the funds used to purchase 8M had been either stolen from SpaceAge, loaned by SpaceAge or given to Viktoriya by Alina.
241. The next year, Spring 2008, Viktoriya purchased Apartment 17R in the same complex.
242. Viktoriya paid $330,000 for 17R.
243. Viktoriya financed $264,000 of this from Investors' Savings Bank as a mortgage of 17R.
244. Viktoriya also took out a $33,000 mortgage on 8M from First Constitution Bank, and this mortgage was paid off in full in August 2009.
245. The remaining "down payment" for 17R was money that Alina had secretly transferred to Viktoriya.
246. Over the next two years Alina continued to secretly transfer funds to Viktoriya much of which went to help pay off the First Constitution Bank mortgage.
247. In 2013, Viktoriya characterized these transfers from Alina to her as loans that were still outstanding in 2013 and needed to be repaid.
248. In 2009, Alina and Viktoriya devised a plan to have Viktoriya acquire yet more properties. They convinced Malhan to assist Viktoriya to purchase two commercial office properties, 1M and 1N, which would be rented to SpaceAge.
249. In September 2009, 1N and 1M at 10 Huron Ave, were purchased in the name of Viktoriya.
250. Viktoriya admitted March 25, 2013 that she did not want to purchases 1N and 1M but she and Malhan and Alina put the units in her name.
251. Viktoriya took out a mortgage of $228,070 for 1N and $148,356 for 1M – from the seller Mr. Morton Ginsberg.
252. Viktoriya has admitted that she purchased the office rental property on behalf of Malhan, allegedly because he was not able to get another mortgage in his name.
253. Viktoriya agreed that although the properties were in her name she would transfer them to Malhan any time he asked.
254. Units 1N and 1M were converted into one unified office, with all alterations paid for by SpaceAge.
255. Malhan and SpaceAge agreed to pay above market rent for the properties in order to use the extra funds to pay off the mortgages on the properties more quickly since the mortgage was from seller and Viktoriya was unable to obtain mortgage from a Bank. The seller Mr. Ginsberg required that Viktoriya pay the mortgage in full in two years.
256. Rental payments were made at irregular intervals, in payments of $50,000, $50,000, $50,000 and $58,000.
257. Viktoriya as bookkeeper for SpaceAge arranged for each of these rent payments.
258. Malhan trusted and relied on Viktoriya to make correct rent payments and Malhan believed he need not keep close track of the payments as it had been agreed that the excess payment would go directly to pay off the mortgages in 1N/1M which would be transferred to him anyway.
259. Although SpaceAge was paying several times the market rate for the properties, Viktoriya did not use the money to pay off the mortgages for 1N/1M, but instead used the money to pay off the mortgage for 17R.
260. In January 2010 Viktoriya did make one additional $20,000 payment on the principal of 1M.
261. In November 2010 Viktoriya paid off the mortgage on 17R with a final payment of $19,083.
262. The source of this final $19,000 was Alina, including a check for $11,000 written to Viktoriya that Alina later altered to conceal this payment.
263. Thus as of December 2010 Viktoriya nominally owed four properties 8M, 17R, 1M and 1N worth nearly a million dollars, and Viktoriya nominally owned 8M and 17R free and clear of any mortgage.
264. All of these properties had been purchased largely with the financial assistance of SpaceAge and Alina, using marital assets secretly transferred to Viktoriya.
265. Even after the mortgage for 17R was paid off in November 2010, Alina continued to transfer thousands of dollars to Viktoriya.
266. Despite acquiring the property on behalf of Malhan, Viktoriya, aided and abetted by Alina, insisted on selling the property at a huge profit.
267. In January 2011 Alina threatened to sell the property to someone other than Malhan, which at that point would have meant that he would lose what he thought was his investment in the property and destabilize his business since SpaceAge was located there.
268. Viktoriya insisted that Malhan assume the mortgages for the properties, which Malhan was shocked to find totaled $346,209.07.
269. Viktoriya, through Alina, insisted that Malhan pay Viktoriya an additional $110,000 supposedly to cover her taxes and expenses.
270. In reality, the $110,000 was not to cover expenses but allowed Viktoriya to achieve a significant profit on the transaction.
271. Between the assumption of the mortgage and the additional $110,000 Malhan paid $456,209 for the property, which was about the same as the properties were purchased for in September 2009.
272. The value of properties in the building had generally declined at this time, for example, Unit 2L in the same building was purchased for $360,000 in 2007 and valued at $342,000 in 2011; Unit 5G was purchased for $290,000.00 in 2008 and valued at $205,000.00 in 2011.
273. Because SpaceAge had also paid Viktoriya $206,000 in rent, Viktoriya was able to realize a huge profit on property she had agreed to hold in trust for Malhan.
274. Malhan ultimately paid the full amount Viktoriya demanded because Viktoriya claimed this was only enough money to cover the expenses she had incurred in holding the property.
275. Alina and Viktoriya insisted on Malhan paying full price for the property, $456,000, in addition to the $206,000 SpaceAge had paid in rent.
276. Thus Viktoriya realized a profit of more than $100,000 in little over a year and at virtually no risk to herself.
277. All four properties nominally owned by Viktoriya, 1N, 1M, 17R and 8M, were purchased with the financial assistance of Malhan, SpaceAge and/or transfer of marital assets by Alina.
278. Some of the source of funds for 8M was petty cash money stolen by Alina and Viktoriya from SpaceAge.
279. Of the over $200,000 in marital assets transferred from Alina to Viktoriya virtually all of this money went to help pay for 8M and 17R.
280. Units 17R and 8M were explicitly promised to be held in trust for Malhan and for excess rents to go directly to pay down mortgages--all these promises were violated by Viktoriya.
281. Given that the funds for the four units largely came from SpaceAge and from marital assets, Malhan and SpaceAge have an equitable interest in all four properties.

WHEREFORE, Counter Claimant Surender Malhan and Third Party Plaintiff SpaceAge demand judgment against Viktoriya Myronova for

a) Actual damages in a total amount to be proved at trial;

b) costs and fees;

c) Any additional relief that the Court deems just and proper.

EIGHTH COUNT

Fraudulent Transfer and Concealment of Assets (ALINA AND VIKTORIYA)

282. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
283. In 2007 Alina asked Malhan to invest premarital assets in properties that were in both their names so that once she married and divorced she might claim a share of these assets.
284. From 2007 onward Alina claimed to be managing properties but she was diverting rental money to her mother to hide it from Malhan.
285. Between November 2006 and January 2011, Alina transferred at least $290,000 to Viktoriya.
286. Between March 2008 and February 2011, Alina did everything possible to transfer marital asserts to Viktoriya in preparation for her divorce.
287. Alina repeatedly lied about how much money was being collected in rent and how much money was owed in mortgage in order to get Malhan to give her more money.
288. In reality Alina was diverting rental money to Viktoriya.
289. Alina even falsified documents to conceal the fact that rental money was going to her mother.
290. For example, Alina at some point altered at least two checks, one for $35,000 and other for $11,000, that were written to Viktoriya but later altered by whiting out Viktoriya's name and writing in the name of a mortgage company to conceal the real destination of the funds.
291. Throughout the cohabitation, Viktoriya aided and abetted Alina in concealing assets by accepting assets and hiding them in her accounts and actively concealing them from Malhan.
292. Alina and Viktoriya acted deliberately to steal money and assets from Malhan.
293. Much of this money was invested in properties titled in the name of Viktoriya.
294. Viktoriya has actively sought to conceal the transfer of assets to her, including by falsifying documents provided in discovery.
295. Viktoriya falsified one of her bank statements which she provided in Discovery by whiting out a $35,000 deposit. The $35,000 deposit was from a check written to her by Alina. Alina had falsified the record of this particular $35,000 check by making it appear that the funds had gone to Emigrant Mortgage.
296. Thus Viktoriya actively conspired with Alina to conceal their fraud by falsifying evidence.
297. These fraudulent transfers and falsification of evidence by Alina and Viktoriya were willful and malicious done with the intent of denying Malhan his rightful property.
298. Malhan reasonably relied on these false documents (bank statements) when he received them from Alina and Viktoriya in 2011 and 2012.
299. Malhan was damaged by the falsification of documents by Alina and Viktoriya as he spent and ultimately wasted thousands of dollars

WHEREFORE, Counter Claimant Surender Malhan demands judgment against Alina Myronova and Viktoriya Myronova for

a) Actual damages in a total amount to be proved at trial;

b) Punitive damages;

c) costs and fees;

d)) Any additional relief that the Court deems just and proper.

NINTH COUNT

Child Custody

300. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
301. Malhan should be designated parent of primary residence (PPR) and have a majority of time with the children.
302. Since the Summer of 2012 Malhan has had a majority of overnights with the children and thus has been PPR.
303. Alina has shown blatant disregard for the welfare of the children.
304. In 2011 Alina tried to deny the children all contact with their father without any good reason.
305. In or around January 2012 Alina began a romantic/sexual relationship with Phil Pigg.
306. Alina quickly introduced the children to Phil Pigg who spent most nights with Alina in her apartment in Jersey City.
307. Alina wanted to move in with Phil Pigg in a house in Pompton Plains in the summer of 2012.
308. Although the Court told her the children could not relocate to Pompton Plains, Alina ignored this Court order and moved in with Phil Pigg in Pompton Plains in June 2012.
309. In or around June 2012 Viktoriya began residing with them and brought with her new boyfriend Ken Hayden who effectively resided there also.
310. In early 2013, while still living with Phil Pigg, Alina began a romantic relationship with another man, Jeff Rothstein.
311. In or around September 2013 Rothstein began co-habitating with Alina and her family.
312. Since filing for divorce in February 2011 Alina was unemployed for over a year, and has been unable to hold a job for more than a few months.
313. Alina was fired from at least one job for dishonesty.
314. This same company that fired Alina for dishonesty also had employed Jeff Rothstein.
315. The company's vice president has expressed concern that Jeff Rothstein is potentially violent.
316. The household situation with Alina has been a revolving door of boyfriends and jobs in the past two years. This is not a good atmosphere in which to raise children.
317. Alina has repeatedly placed her own personal libidinal desires over the welfare of the children.
318. In slightly over two years, Alina has had four residences, four jobs, two live-in boyfriends, and one-live in boyfriend-in-law.
319. This situation has severely damaged Alina's relationship with the children, and presented a horrible example for her children, and daughter in particular.
320. Meanwhile, Malhan has been a model of consistency.
321. Malhan has had one residence, one job and no live-in romances.
322. Malhan has demonstrated the stability necessary and proper to be the parent of primary residence.

WHEREFORE, Counter Claimant Surender Malhan demands judgment declaring him the parent of primary residence.

TENTH COUNT

Equitable Distribution of Assets

323. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
324. If there is to be any equitable distribution of assets the lion's share must go to Malhan.
325. From December 2004 until January 1, 2011 Alina was paid $289,205 in gross salary by SpaceAge.
326. Alina's net income was even less than this.
327. Between November 2006 and January 2011 Alina secretly transferred at least $290,911.96 to her mother Viktoriya.
328. When Alina filed for divorce she also had about $27,000 in her personal bank account.
329. Thus Alina transferred every penny she made in salary, and more, to her mother; Alina did not contribute monetarily to the marriage at all.
330. Alina only pretended to manage properties so that she could embezzle funds.
331. The original source of money to initially buy property were pre-marital assets in the form of savings Malhan had on hand before he met Alina.
332. Alina also dissipated tens of thousands of dollars in assets.
333. Alina was fully employed by SpaceAge virtually the entire time she and Malhan cohabitated, so Alina did not forego any employment opportunities. Rather through Malhan’s efforts and through employment with SpaceAge – Alina became more employable.
334. As Alina made no financial contribution to assets, but rather the assets came entirely from Malhan, including a large amount of pre-marital assets, Alina's share of any equitable distribution would be minimal – in proportionate to her contribution.
335. Furthermore, from the time of purchase to the time of filing of divorce the value of the properties has fallen.
336. Furthermore, during the course of the pending litigation the rental income from properties has been significantly less than the mortgage and condo fees.
337. Furthermore from April 2011 to June 2012 Alina lived in one of the rental units – 10H, which meant Malhan had to pay more from his pocket to cover the loss of rental income.
338. Malhan has paid these mortgage and condo fees out of his salary while Alina has not contributed anything.
339. In fact, while Malhan paid money for mortgage and condo fees, Alina diverted rent money to herself from 2011 to 2012 when the Court had granted her permission to manage the properties that were in the names of both Malhan and Alina.
340. By collecting rents over and above the amounts going to pay mortgages, Alina effectively embezzled at least $24,000 between 2011 and 2012.
341. Both during and after cohabitation with Malhan Alina has sought to use joint assets for her own personal advantage to the detriment of Malhan.

WHEREFORE, Counter Claimant Surender Malhan demands --

a) for equitable distribution keeping in account investment / contribution by both parties and loss of value on properties – to be proved at trial;

b) for actual damages towards embezzlement from rental account in a total amount to be proved at trial;

c) Punitive damages;

d) costs and fees;

e)) Any additional relief that the Court deems just and proper.

ELEVENTH COUNT

Denying Spousal Support

342. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
343. As the "marriage" was a fraud from its inception no spousal support should be permitted.
344. Even if the marriage were not to be annulled, the conduct of Alina (stealing money and falsifying documents, and perjuring herself repeatedly) constitutes "egregious fault" that warrants severing all economic bonds between the parties by precluding an alimony award
345. Even if the marriage were not to be annulled, and some alimony is awarded, only very minimal short-term alimony is the most that should be awarded.
346. Alina never sacrificed any earning opportunity by reason the marriage. Malhan’s efforts and employment with SpaceAge made her more employable and increased her earning potential significantly.
347. Not only was she fully employed at SpaceAge the entire time between 2005 and the end of 2010, she was actually paid well above her fair market rate.
348. Since leaving SpaceAge she was unemployed for over a year, and then has held and lost three jobs over the next two years. Alina's dismal employment record since she filed for divorce demonstrates that during the putative marriage she was afforded far greater job opportunities than she could have achieved without Malhan's help.

TWELTH COUNT

SEEKING CHILD SUPPORT

349. Malhan repeats and re-alleges each of the paragraphs stated above as fully restated.
350. Alina lives with her boyfriend, her mother and her mother’s fiancee. Malhan asks the court to take into account the income of the entire household and award Child support if deemed just.

Plaintiff hereby demands trial by jury of all issues in this action.

Pursuant to Rule 4:25-4, Paul Alexander Clark and Jonathan Wright, Esq are designated as trial counsel on behalf of Third-Party Plaintiffs, in the above captioned action.

I certify that the specific matters in controversy are not the subject of any other action or arbitration proceeding, now or contemplated, and that no other parties should be joined in this action pursuant to N.J. Court R. 4:51.