Preview
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NIMKOFF ROSENFELD & SCHECHTER, LLP,
AFFIDAVIT IN
Plaintiff, SUPPORT OF EX
- against - PARTE APPLICATION
FOR ATTACHMENT
LEVI HEBER, INTERNATIONAL BRIS PURSUANT TO
ASSOCIATION, INC., and BANK OF AMERICA, N.A., CPLR 6211
Defendants. Index No. 532327/2022
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STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
RONALD A. NIMKOFF, being duly sworn, deposes and says:
1. I am a partner of the plaintiff, Nimkoff Rosenfeld & Schechter, LLP
(“Plaintiff” or “NRS”). I submit this affidavit, based on personal knowledge and a
review of documents in NRS’ possession, in support of NRS’ emergency application
pursuant to CPLR 6201, 6211 6301, and 6313, for an Order: (i) attaching the proceeds
of a bank account ending in number 0723 in the name of defendant International Bris
Association, Inc. at Bank of America, N.A.; (ii) enjoining, restraining and prohibiting
defendants from making any payments or transferring any assets from or off of that
bank account; and (iii) for such other and further relief as the Court deems just and
proper.
2. I have reviewed the accompanying affidavit of Adam L. Browser, Esq.
sworn to on November 4, 2022 (“Browser Aff.”), which sets forth the legal basis why
this Court should grant Plaintiff’s motion. I agree with the statements made therein,
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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
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and incorporate them as my own.
3. Furthermore, Plaintiff is unaware of any counterclaims that defendants
Levi Heber (the “Judgment Debtor”) or International Bris Association, Inc. (“IBA”)
may assert, or could possibly assert, and in fact, Plaintiff firmly believes that none
exist.
4. In 2005, the Judgment Debtor and Jewelry 2000, Inc. (the “Judgment
Debtors”) retained Plaintiff to provide legal services, which it provided.
5. In 2006, Plaintiff commenced an action against the Judgment Debtors
in the Supreme Court of New York, County of New York, under Index No. 601982-
2006 to recover payment for its legal fees. Plaintiff was successful and the Court
issued two money judgments in Plaintiff’s favor and against the Judgment Debtors,
jointly and severally.
6. More specifically, the first judgment entered June 12, 2007 was for the
value of unpaid legal services Plaintiff provided. That judgment, based on a decision
and order dated April 5, 2007, was in the amount of $78,283.09 (the “2007
Judgment”).
7. The second judgment, which was entered on October 31, 2008 is in the
amount of $5,572.62 (the “2008 Judgment”). That second judgment was based on
Plaintiff’s application to hold the Judgment Debtors in contempt for their failure to
comply with enforcement subpoenas relating to the 2007 Judgment. The 2008
Judgment and the 2007 Judgment are referred to, collectively, as the “Judgments.”
8. Plaintiff has attempted to enforce the Judgments periodically, with
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practically no success. Neither of the Judgments have been satisfied and they remain
unpaid.
9. In April 2021, Plaintiff commenced an action in the Supreme Court
Kings County, Nimkoff Rosenfeld & Schechter, LLP v. Levi Heber and Jewelry 2000,
Inc., Index No. 509372/2021, by Notice of Motion for Summary Judgment in Lieu of
Complaint, to renew the liens of the Judgments.
10. By Order dated August 5, 2021, Honorable Loren Baily-Shiffman
granted Plaintiff’s motion, and ordered the Clerk of the Court to renew and docket
the Judgments.
11. Plaintiff’s representation of the Judgment Debtor ended in 2005. Aside
from attempts to enforce the Judgments, Plaintiff has not had any dealings with the
Judgment Debtor in more than seventeen years.
12. Therefore, I am unaware of any counterclaims that the Judgment
Debtor could possibly assert against Plaintiff and firmly believe that none exist.
13. Similarly, I am unaware of any counterclaims that IBA could possibly
assert against Plaintiff. Plaintiff never represented IBA and had no interactions with
IBA until it served IBA with one or more subpoenas in an effort to enforce the
Judgments. In fact, prior to Plaintiff’s efforts to enforce the Judgments, I was not
even aware of IBA’s existence.
14. Therefore, I am unaware of any counterclaims that IBA could possibly
assert against Plaintiff and firmly believe that none exist.
15. For these reasons, and those set forth in the accompanying Browser Aff.,
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/04/2022
the Court should grant Plaintiffs application in its entirety, (i)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.; (ii) enjoin, restrain and prohibit
defendants from making any payments or transferring any assets from or off of that
bank account; and (iii) award Plaintiff such other and further relief as the Court
deems just and proper.
Ronald A. Nimko
Sworn to before me this
4th day of November 2022 HEgEN P ELÿN SHERMAN
No. 02SH5017558
Oustified
in Nassau
Commission Explies County
November 16, 20
Notary Public
986068
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