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At I.A.S. Part ___ of the
Supreme Court of the State of
New York, County of
Kings, at the Courthouse
located at 360 Adams Street,
Brooklyn, New York on
November ___, 2022
PRESENT: Honorable ________________________
J.S.C
------------------------------------------------------------------------X
NIMKOFF ROSENFELD & SCHECHTER, LLP,
Plaintiff, EX PARTE
- against - ORDER OF
ATTACHMENT
INTERNATIONAL BRIS ASSOCIATION, INC.,
LEVI HEBER, and BANK OF AMERICA, N.A., Index No. 532327/2022
Defendants.
------------------------------------------------------------------------X
TO THE SHERIFF OF KINGS COUNTY OF THE STATE OF NEW YORK:
Plaintiff, Nimkoff Rosenfeld & Schechter, LLP, having moved pursuant to
Article 62 of the New York Civil Practice Law and Rules for an Ex Parte Order of
Attachment against the property of defendant International Bris Association, Inc., in
an action in the Supreme Court of the State of New York, County of Kings,
NOW, upon reading and filing the affidavit of Adam L. Browser, Esq., duly
sworn to on November 4, 2022, and the attached exhibits, the affidavit of Ronald
Nimkoff, Esq., duly sworn to on November 4, 2022, and all proceedings heretofore
had in this action and in the related action entitled Nimkoff Rosenfeld & Schechter,
LLP v. Levi Heber, et. al. under Index No. 509372/2021 (Kings County), and it
1
satisfactorily appearing before the Court from the affidavits that at least one of the
grounds for attachment set down in CPLR 6201 exists in favor of the plaintiff and
against the defendant, International Bris Association, Inc., to recover a money
judgment in the principal amount of $78,283.09 plus statutory interest from June 12,
2007 and a money judgment in the principal amount of $5,572.67 plus statutory
interest from October 31, 2008, and that plaintiff, Nimkoff Rosenfeld & Schechter,
LLP, is entitled to recover those sums over all counterclaims or setoffs known to it;
and
On the motion of Ruskin Moscou Faltischek, P.C., attorneys for plaintiff, it is
now hereby
ORDERED that an Order of Attachment be and the same is hereby granted;
and it is further
ORDERED that the amount to be secured by this Order of Attachment, not
including any costs and sheriff’s fees and expenses shall be the aggregate of: (a)
$78,283.09 plus statutory interest from June 12, 2007, and (b) $5,572.67 plus
statutory interest from October 31, 2008; and it is further
ORDERED that Nimkoff Rosenfeld & Schechter LLP shall provide an
undertaking in the amount of $____________________ on or before
___________________; and it is further
ORDERED, that the Sheriff of the County of Kings shall attach the proceeds
of the bank account ending in number 0723 in the name of defendant International
Bris Association, Inc. at Bank of America, N.A., and that he or she hold and safely
2
keep all such property and debts paid, delivered, transferred, or assigned to him or
her or taken into his or her custody, to answer any judgment that may be obtained
against the above-named defendant, in this action, and that he or she proceed herein,
otherwise, in the manner required by law; and it is further
ORDERED, that all persons served with this Order of Attachment shall be
and hereby are forbidden to make or suffer any sale, assignment or transfer of, or any
interference with any such property, included but not limited to, the bank account
ending in number 0723 in the name of defendant International Bris Association, Inc.
at Bank of America, N.A., or pay over or otherwise dispose of any such debt, to any
person other than the Sheriff, except upon direction of the Sheriff or pursuant to a
Court Order; and it is further
ORDERED, that all garnishees upon whom a copy of this Order is served are
directed to serve the statement required by CPLR 6219, by hand or overnight delivery
upon the Sheriff and Ruskin Moscou Faltischek, P.C. located at 1424 RXR Plaza, East
Tower, 15th Floor, Uniondale, New York 11556, counsel for Nimkoff Rosenfeld &
Schechter, LLP within five (5) days after levy; and it is further
ORDERED, that Nimkoff Rosenfeld & Schechter, LLP shall move within five
(5) days after levy for an order confirming this Order of Attachment, pursuant to
CPLR 6211.
E N T E R:
________________________
J.S.C.
986057
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Preview
At I.A.S. Part ___ of the Supreme Court of the State of New York, County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn, New York on November ___, 2022 PRESENT: Honorable ________________________ J.S.C ------------------------------------------------------------------------X NIMKOFF ROSENFELD & SCHECHTER, LLP, Plaintiff, EX PARTE - against - ORDER OF ATTACHMENT INTERNATIONAL BRIS ASSOCIATION, INC., LEVI HEBER, and BANK OF AMERICA, N.A., Index No. 532327/2022 Defendants. ------------------------------------------------------------------------X TO THE SHERIFF OF KINGS COUNTY OF THE STATE OF NEW YORK: Plaintiff, Nimkoff Rosenfeld & Schechter, LLP, having moved pursuant to Article 62 of the New York Civil Practice Law and Rules for an Ex Parte Order of Attachment against the property of defendant International Bris Association, Inc., in an action in the Supreme Court of the State of New York, County of Kings, NOW, upon reading and filing the affidavit of Adam L. Browser, Esq., duly sworn to on November 4, 2022, and the attached exhibits, the affidavit of Ronald Nimkoff, Esq., duly sworn to on November 4, 2022, and all proceedings heretofore had in this action and in the related action entitled Nimkoff Rosenfeld & Schechter, LLP v. Levi Heber, et. al. under Index No. 509372/2021 (Kings County), and it 1 satisfactorily appearing before the Court from the affidavits that at least one of the grounds for attachment set down in CPLR 6201 exists in favor of the plaintiff and against the defendant, International Bris Association, Inc., to recover a money judgment in the principal amount of $78,283.09 plus statutory interest from June 12, 2007 and a money judgment in the principal amount of $5,572.67 plus statutory interest from October 31, 2008, and that plaintiff, Nimkoff Rosenfeld & Schechter, LLP, is entitled to recover those sums over all counterclaims or setoffs known to it; and On the motion of Ruskin Moscou Faltischek, P.C., attorneys for plaintiff, it is now hereby ORDERED that an Order of Attachment be and the same is hereby granted; and it is further ORDERED that the amount to be secured by this Order of Attachment, not including any costs and sheriff’s fees and expenses shall be the aggregate of: (a) $78,283.09 plus statutory interest from June 12, 2007, and (b) $5,572.67 plus statutory interest from October 31, 2008; and it is further ORDERED that Nimkoff Rosenfeld & Schechter LLP shall provide an undertaking in the amount of $____________________ on or before ___________________; and it is further ORDERED, that the Sheriff of the County of Kings shall attach the proceeds of the bank account ending in number 0723 in the name of defendant International Bris Association, Inc. at Bank of America, N.A., and that he or she hold and safely 2 keep all such property and debts paid, delivered, transferred, or assigned to him or her or taken into his or her custody, to answer any judgment that may be obtained against the above-named defendant, in this action, and that he or she proceed herein, otherwise, in the manner required by law; and it is further ORDERED, that all persons served with this Order of Attachment shall be and hereby are forbidden to make or suffer any sale, assignment or transfer of, or any interference with any such property, included but not limited to, the bank account ending in number 0723 in the name of defendant International Bris Association, Inc. at Bank of America, N.A., or pay over or otherwise dispose of any such debt, to any person other than the Sheriff, except upon direction of the Sheriff or pursuant to a Court Order; and it is further ORDERED, that all garnishees upon whom a copy of this Order is served are directed to serve the statement required by CPLR 6219, by hand or overnight delivery upon the Sheriff and Ruskin Moscou Faltischek, P.C. located at 1424 RXR Plaza, East Tower, 15th Floor, Uniondale, New York 11556, counsel for Nimkoff Rosenfeld & Schechter, LLP within five (5) days after levy; and it is further ORDERED, that Nimkoff Rosenfeld & Schechter, LLP shall move within five (5) days after levy for an order confirming this Order of Attachment, pursuant to CPLR 6211. E N T E R: ________________________ J.S.C. 986057 3