SUPERIOR COURT OF NEW JERSEY
LAW DIVISION / CHANCERY DIVISION
MORRIS COUNTY
Kerekes, Robert vs. Polyak, Samuel
Docket No.: MRS L 000015-26
MOTION TO APPEAR AS AMICUS CURIAE
BY ELDER HELP NETWORK
Elder Help Network (“Movant”), pursuant to New Jersey Court Rule 1:13-9, respectfully moves
for leave to appear as amicus curiae in the above-captioned matter and submits the attached
proposed amicus statement in support of the requested relief for Mr. Robert Kerekes. In support
of this motion, Movant states as follows:
1. 2. 3. 4. Movant is an organization dedicated to supporting vulnerable seniors and combating
elder abuse, neglect, and financial exploitation.
This matter involves allegations of elder abuse and raises important public interest
issues concerning the protection of a 90-year-old stroke survivor, the propriety of
attorney withdrawal under the circumstances, and access to justice for vulnerable elderly
litigants.
Movant’s participation will assist the Court by providing specialized perspective on elder
protection issues, consistent with New Jersey’s strong public policy under the Adult
Protective Services Act (N.J.S.A. 52:27D-406 et seq.) and related authorities.
Movant’s involvement will not cause undue prejudice to any party.
WHEREFORE, Movant respectfully requests:
● Leave to appear as amicus curiae;
● Consideration of the attached statement/brief; and
● Such other relief as the Court deems just and proper.
Respectfully submitted,
Elder Help Network
96 Clinton Avenue #437
Newark, NJ 07114
201-366-0720
[email protected]: May 11, 2026
AMICUS STATEMENT / BRIEF OF ELDER HELP NETWORK
The Honorable Frank J. DeAngelis
Civil Presiding Judge
Re: Request for Enforcement of Writ of Replevin, Subpoenas, Criminal Referral, and
Other Relief – Matter Involving Robert Kerekes (90-year-old stroke victim)
Docket No.: MRS L 000015-26
Dear Judge DeAngelis:
We are writing on behalf of the Elder Help Network, an organization dedicated to supporting
vulnerable seniors and combating elder abuse, neglect, and financial exploitation. We have
been contacted regarding the case involving Mr. Robert Kerekes, a 90-year-old stroke survivor
residing in Morris County.
This entire matter centers on allegations of elder abuse and financial exploitation. Mr. Kerekes is
pursuing justice for a fraudulent repair job of an EV conversion for a 2003 Acura NSX by Mr.
Samuel Polyak in which Tesla batteries were wrongfully replaced with junkyard Chevrolet Bolt
batteries against the terms of the written contract. The Chevrolet Bolt batteries have been the
subject of multi-billion-dollar settlements and widespread recalls due to their flammability risks.
The substitution placed Mr. Kerekes, his family, and his property at serious physical risk. There
is no telling what serious physical harm could have come to Mr. Kerekes, his wife, his children,
and grandchildren had the whistleblower Mr. Bankouski not come forward to warn him of what
had happened. The fact that the court has not stressed or discussed the fact that Mr. Kerekes
and his family could have been seriously harmed is in and of itself a major miscarriage of
justice.
Mr. Kerekes has been the victim of abuse by Mr. Polyak who, in addition to defrauding Mr.
Kerekes has now—along with his attorney Mr. Yuniver– have attempted to use the legal process
to delay and obstruct the proper course of justice seemingly hoping Mr. Kerekes will pass away
before he can obtain a proper remedy both civil and criminal. This is evidenced by his attempt to
claim bankruptcy (which was rejected) and now his attempt to clearly not comply with the Writ of
Replevin. In each instance, the goal is to create delay and stress for Mr. Kerekes delaying
justice. This amounts to clear elder abuse.Such conduct falls within the protections of New Jersey’s Adult Protective Services Act
(N.J.S.A. 52:27D-406 et seq.) and related financial exploitation statutes, which safeguard
eligible adults (age 65+) from wrongful taking, withholding, or misuse of assets and property. Mr.
Kerekes is elderly and medically frail due to a prior stroke, making him particularly susceptible to
exploitation and prejudice in legal proceedings (consistent with New Jersey courts’ recognition
of heightened protections for vulnerable elderly litigants). One example of this prejudicial
treatment against Mr. Kerekes is the fact that he was asked to put up $75,000 as a condition to
get his vehicle back—money unjustly withheld in an attorney trust account—whereas Mr. Polyak
was not required to put up even a dollar. This is morally wrong and, in our view, legally unsound.
We are seeking to involve ourselves in this case because we see this as a clear elder abuse
case consistent with our mission to protect senior citizens.
Request to Enforce the Writ of Replevin
We are specifically writing to you to request that you fully enforce the Writ of Replevin issued by
this court on April 14, 2026. The order expressly directs and authorizes the surrender of Mr.
Kerekes’ property, to wit: the 2003 Acura NSX together with all keys, key fobs, remotes, and any
removed parts in the Defendants’ possession, custody, or control. Notwithstanding this clear
Court order, the vehicle was returned to Mr. Kerekes’ representative in a severely compromised
condition—missing its engine, transmission, and all related parts. An eyewitness, Mr. Matt
Pekham of Vintage Motor Management (VMM), is prepared to testify that David Gutwill
personally stated, in the presence of Mr. Kerekes and Mr. Pekham, that he had every single part
of the vehicle. Gutwill said that he had retrieved the parts along with the car from Mahwah and
stored them at his building in Fair Lawn. Gutwill even indicated that he had to make a special
4:00 a.m. trip to retrieve parts he had “forgotten,
” thereby affirming complete possession.
Subsequently, Defendant Polyak and Mr. Gutwill, together with counsel Mr. Yuniver, have
offered shifting and contradictory explanations—first claiming the parts were never received,
and later asserting they had been “junked.
” These valuable original-equipment components
have been estimated by Autosport Acura of Deville to be worth approximately $200,000. Such
high-value parts would ordinarily generate receipts and documentation at any legitimate
junkyard or salvage operation, rendering the “junking” claim implausible and suggestive of
conversion or concealment in direct violation of the Court’s order.
We are requesting that the court immediately issue subpoenas compelling Polyak, Gutwill, and
Mr. Yuniver to provide sworn testimony and all documentation concerning the chain of custody
and final disposition of these parts. This ongoing failure to comply with the Writ of Replevin notonly constitutes contempt of court but provides further evidence of elder financial exploitation
and fraud.
We respectfully request the following relief:
That the Court order the immediate return of the missing engine, transmission, and all related
parts, or, in the alternative, a full accounting of their disposition; direct the issuance of
subpoenas to Defendants Polyak and Gutwill and their counsel Mr. Yuniver requiring sworn
testimony and production of all documentation regarding the handling and disposition of these
parts; and make a referral to the Morris County Prosecutor’s Office and/or other appropriate
authorities for investigation of potential theft, conversion, elder financial exploitation, and
violation of the Writ of Replevin.
Mr. Kerekes is a prominent car collector with over 40 years of experience in the field, having
been featured throughout the media including on ABC News who called him an “American
classic”
. His well-regarded car collection is regularly featured at the New York Auto Show. He
was born in New Jersey, built his businesses here, raised his family in this state, and is now a
proud grandparent. The court system owes him meaningful access to justice and protection as a
long-time contributor to this community. Proceeding without proper enforcement of the Writ of
Replevin would cause irreparable harm and undermine the interests of justice.
We are prepared to provide the eyewitness statement of Mr. Matt Pekham, or other relevant
materials the Court may require. The Elder Help Network takes allegations of elder abuse
seriously and stands ready to assist the Court in ensuring Mr. Kerekes receives fair treatment
and due process.
Thank you for your attention to this urgent matter. We respectfully request a hearing on this
application at the Court’s earliest convenience.
Sincerely,
Elder Help Network
96 Clinton Avenue #437
Newark, NJ 07114
201-366-0720
www.ElderHelpNetwork.com