Preview
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/04/2022
EXHIBIT F
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021
532327/2022
NYSCEF DOC. NO. 101
11 RECEIVED NYSCEF: 07/12/2022
11/04/2022
At an I.A.S. Part 96 of the Supreme Court
ofthe State ofNew York, held in and for the
County of Kings, at 360 Adams Street,
Brooklyn, New York I1201 on the 7s day
of JuJ.y,2022.
PRESENT: Hon. Robin K. Sheares, AJSC
X
NIMKOFF ROSENFELD & SCHECHTER, LLP, Index No. 50937212021
Plaintiff, DECISION /ORDER
-against-
Motion Sequence No. 3
LEVI HEBER and JEWELRY 2000, INC.,
Defendants.
X
Recitation, as required by CPLR $2219(a), ofthe papers considered in the review ofthis Motion:
PaDers NYSCf,F Documenl No:
Seoueaca * 3
Ordcr to Show Cruse^olicaof Motiotr rtrd
Aflidrvit Allirmrtions
Anncr.d 69;93
Erhibits 10-92
Aflidrvits/Allirmrtions
of Scrvice 98-99
WHEREAS, plaintiff commenced this action to renew two money judgments rendered in
its favor and against the defendants, which judgments were originally docketed in the Kings
County Clerk's Oflice on March 4, 2009;
WHEREAS, plaintiff moved for summary judgment, and by Order and Judgment dated
August 5, 2021, plaintiff s motion was granted and its judgments renewed;
WHEREAS, as part of enforcement proceedings, plaintiff served the non-party
Intemational Bris Association, Inc. with a Restraining Notice and Information Subpoena dated
May 4,2021;
1 of 3
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021
532327/2022
NYSCEF DOC. NO. 101
11 RECEIVED NYSCEF: 07/12/2022
11/04/2022
WHEREAS, Intemational Bris Association failed to respond to, or comply with, that
Restraining Notice and Information Subpoena;
WHEREAS, as part of enforcement proceedings, plaintiff served a Subpoena ld
TestiJicandum dated September 21,2021 on defendant Levi Heber, requiring him to appear and
give testimony on October 26,2021;
WHEREAS, defendant Levi Heber failed to comply with that Subpoena and failed to
appear for his deposition;
WHEREAS, on December 17,2021, plaintiff moved, by Order to Show Cause, pursuant
to CPLR 2308,5224(a)(3)(iv) and 5251 and pusuant to Judiciary Law $$753 and 756, to hold
defendant Levi Heber and the non-party Intemational Bris Association, Inc. in contempt and to
compel them to comply with the post-judgment subpoenas served upon them;
NOW, upon reading and filing the Order to Show Cause dated January 4, 2022, the
affidavit of Adam L. Browser, duly swom to on December 17,2021 and the exhibits attached
thereto, and no papers having been received in opposition thereto, and upon the oral argument held
on July 7,2022 and the appearances of: (a) Adam L. Browser, Esq. on behalfofplaintiff: (b) David
Ruskin, Esq. on behalfofthe defendants; and (c) Avi Faskowitz, Esq. on behalf of the non-party
Intemational Bris Association, Inc., and on the representations by Messrs. Ruskin and Faskowitz
that their clients were ready, willing and able to comply fully with their obligations and that they
would, within thirty days, respond fully and accurately to the subpoenas served, and upon all the
papers and proceedings heretofore had herein, and after due deliberation having been held thereon,
NOW, upon motion of Ruskin Moscou Faltischek, P.C., attomeys for plaintiff Nimkoff
Rosenfeld & Schecler LLP, it is
2
2 of 3
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021
532327/2022
NYSCEF DOC. NO. 101
11 RECEIVED NYSCEF: 07/12/2022
11/04/2022
ORDERED that the motion be and the same is hereby in all respects granted; and it is
further
ORDERED that defendant Levi Heber shall comply fully with the Subpoena dated
September 21, 2021 served upon him, and it is further
ORDERED that defendant Levi Heber shall, within thirty (30) days of the entry of this
Order, appear for a deposition before plaintifPs counsel and shall produce all documents regarding
his income, assets and expenses at least two weeks prior to the deposition, including but not limited
to complete, signed, filed and unredacted copies ofhis tax retums; and it is further
ORDERED that the non-party Intemational Bris, Inc. shall, within thirty (30) days of entry
of this Order, respond fully to the Information Subpoena dated May 4, 2021 served upon it,
including but not limited to producing all documents requested therein; and it is further
ORDERED that in the event defendant Levi Heber and non-party Intemational Bris
Association, Inc. do not comply fully and timely with this Order, a contempt hearing shall be held
via Microsoft Teams on August22,2022 at 2:30 p.m.
Dated: Brooklyn, New York
luly 7,2022
ENTERED:
Hon. Robin K. s, AJSC
J
3 of 3
Preview
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/04/2022 EXHIBIT F FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021 532327/2022 NYSCEF DOC. NO. 101 11 RECEIVED NYSCEF: 07/12/2022 11/04/2022 At an I.A.S. Part 96 of the Supreme Court ofthe State ofNew York, held in and for the County of Kings, at 360 Adams Street, Brooklyn, New York I1201 on the 7s day of JuJ.y,2022. PRESENT: Hon. Robin K. Sheares, AJSC X NIMKOFF ROSENFELD & SCHECHTER, LLP, Index No. 50937212021 Plaintiff, DECISION /ORDER -against- Motion Sequence No. 3 LEVI HEBER and JEWELRY 2000, INC., Defendants. X Recitation, as required by CPLR $2219(a), ofthe papers considered in the review ofthis Motion: PaDers NYSCf,F Documenl No: Seoueaca * 3 Ordcr to Show Cruse^olicaof Motiotr rtrd Aflidrvit Allirmrtions Anncr.d 69;93 Erhibits 10-92 Aflidrvits/Allirmrtions of Scrvice 98-99 WHEREAS, plaintiff commenced this action to renew two money judgments rendered in its favor and against the defendants, which judgments were originally docketed in the Kings County Clerk's Oflice on March 4, 2009; WHEREAS, plaintiff moved for summary judgment, and by Order and Judgment dated August 5, 2021, plaintiff s motion was granted and its judgments renewed; WHEREAS, as part of enforcement proceedings, plaintiff served the non-party Intemational Bris Association, Inc. with a Restraining Notice and Information Subpoena dated May 4,2021; 1 of 3 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021 532327/2022 NYSCEF DOC. NO. 101 11 RECEIVED NYSCEF: 07/12/2022 11/04/2022 WHEREAS, Intemational Bris Association failed to respond to, or comply with, that Restraining Notice and Information Subpoena; WHEREAS, as part of enforcement proceedings, plaintiff served a Subpoena ld TestiJicandum dated September 21,2021 on defendant Levi Heber, requiring him to appear and give testimony on October 26,2021; WHEREAS, defendant Levi Heber failed to comply with that Subpoena and failed to appear for his deposition; WHEREAS, on December 17,2021, plaintiff moved, by Order to Show Cause, pursuant to CPLR 2308,5224(a)(3)(iv) and 5251 and pusuant to Judiciary Law $$753 and 756, to hold defendant Levi Heber and the non-party Intemational Bris Association, Inc. in contempt and to compel them to comply with the post-judgment subpoenas served upon them; NOW, upon reading and filing the Order to Show Cause dated January 4, 2022, the affidavit of Adam L. Browser, duly swom to on December 17,2021 and the exhibits attached thereto, and no papers having been received in opposition thereto, and upon the oral argument held on July 7,2022 and the appearances of: (a) Adam L. Browser, Esq. on behalfofplaintiff: (b) David Ruskin, Esq. on behalfofthe defendants; and (c) Avi Faskowitz, Esq. on behalf of the non-party Intemational Bris Association, Inc., and on the representations by Messrs. Ruskin and Faskowitz that their clients were ready, willing and able to comply fully with their obligations and that they would, within thirty days, respond fully and accurately to the subpoenas served, and upon all the papers and proceedings heretofore had herein, and after due deliberation having been held thereon, NOW, upon motion of Ruskin Moscou Faltischek, P.C., attomeys for plaintiff Nimkoff Rosenfeld & Schecler LLP, it is 2 2 of 3 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 509372/2021 532327/2022 NYSCEF DOC. NO. 101 11 RECEIVED NYSCEF: 07/12/2022 11/04/2022 ORDERED that the motion be and the same is hereby in all respects granted; and it is further ORDERED that defendant Levi Heber shall comply fully with the Subpoena dated September 21, 2021 served upon him, and it is further ORDERED that defendant Levi Heber shall, within thirty (30) days of the entry of this Order, appear for a deposition before plaintifPs counsel and shall produce all documents regarding his income, assets and expenses at least two weeks prior to the deposition, including but not limited to complete, signed, filed and unredacted copies ofhis tax retums; and it is further ORDERED that the non-party Intemational Bris, Inc. shall, within thirty (30) days of entry of this Order, respond fully to the Information Subpoena dated May 4, 2021 served upon it, including but not limited to producing all documents requested therein; and it is further ORDERED that in the event defendant Levi Heber and non-party Intemational Bris Association, Inc. do not comply fully and timely with this Order, a contempt hearing shall be held via Microsoft Teams on August22,2022 at 2:30 p.m. Dated: Brooklyn, New York luly 7,2022 ENTERED: Hon. Robin K. s, AJSC J 3 of 3