Preview
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
Filing # 149501147 E-Filed 05/12/2022 04:36:06 PM
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
_______________________________________________
BEN-ZION ALCALAY
Plaintiff, Case No. 502020CA012935
vs.
ATLAS CYBERSECURITY, LLC,
a New York Limited Liability Company,
DACS CYBERSECURITY HOLDINGS, LLC,
a New York Limited Liability Company,
BARRY DYNKIN, and BENJAMIN DYNKIN,
Defendants.
_______________________________________________/
PLAINTIFF’S MOTION TO COMPEL COMPLETION OF FACT INFORMATION
SHEETS
COMES NOW, Plaintiff, BEN-ZION ALCALAY (“Plaintiff”), by and through
undersigned counsel, hereby files this Motion to Compel Defendants Barry Dynkin and Atlas
Cybersecurity, LLC to complete and serve on Plaintiff a Fact Information Sheet, and, in support
thereof, states as follows:
1. On December 7, 2021, this Court entered a Final Judgment against Defendants
Barry Dynkin (“Barry”), Benjamin Dynkin (“Benjamin”), and Atlas Cybersecurity, LLC (the
“Final Judgment”). A true and correct copy of the Final Judgment is attached here to Exhibit “A”.
2. Plaintiff, as a judgment creditor, has the absolute right to conduct discovery in aide
of execution of the judgments against Defendants Barry and Atlas, as they are not protected by
automatic stay afforded to Benjamin as a result of his bankruptcy filing.
3. Florida Rules of Civil Procedure Rule 1.560 provides a judgment creditor the right
to conduct discovery in aid of execution of the judgment (“(a) In General. In aid of a judgment,
decree, or execution the judgment creditor or the successor in interest, when that interest appears
Page 1 of 3
DAVIDOFF LAW FIRM, PLLC
228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
of record, may obtain discovery from any person, including the judgment debtor, in the manner
provided in these rules.”)
4. Additionally, a judgment creditor is entitled to obtain information from the
judgment debtor to assist in the execution of the judgment. Specifically Rule 1.560(b) states “Fact
Information Sheet. In addition to any other discovery available to a judgment creditor under this
rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors
to complete form 1.977, including all required attachments, within 45 days of the order or such
other reasonable time as determined by the court. Failure to obey the order may be considered
contempt of court.”
5. Plaintiff requests that Barry and Atlas be required to timely complete the Fact
Information Sheet attached as Exhibit “B” (Barry) and Exhibit “C” (Atlas), Form 1.977 (for
businesses and individuals), and submit such to Plaintiff’s counsel within 45 days of the entry of
the order.
WHEREFORE, Plaintiff, BEN-ZION ALCALAY, respectfully requests that this Court
enter an Order granting this Motion compelling Defendants, BARRY DYNKIN and ATLAS
CYBERSECURITY, LLC to complete and serve the Fact Information Sheet attached to the
Motion as Exhibits “B” and “C” within forty-five (45) days of the entry of the order, and granting
any other and further relief that this Court deems just and proper.
Respectfully submitted,
Page 2 of 3
DAVIDOFF LAW FIRM, PLLC
228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
Dated: May 12, 2022
DAVIDOFF LAW FIRM, PLLC
By: __/s/_____JMD_______________________
Jonathan Marc Davidoff, Esq.
Florida Bar #179833
Attorney for Plaintiff
228 East 45th Street, Suite 1110
New York, New York 10017
Tel. (212) 587-5971
Email: Jonathan@davidofflawfirm.com
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 12th day of May 2022, the foregoing was electronically
filed with the Clerk of Courts via Florida’s E-Filing Portal, which will cause an electronic copy to be
delivered to all parties of record.
_/s/______JMD______________________
Jonathan Marc Davidoff, Esq., Florida Bar #179833
Page 3 of 3
DAVIDOFF LAW FIRM, PLLC
228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
Exhibit "A"
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
_______________________________________________
BEN-ZION ALCALAY
Plaintiff, Case No. 502020CA012935
vs.
ATLAS CYBERSECURITY, LLC,
a New York Limited Liability Company,
DACS CYBERSECURITY HOLDINGS, LLC,
a New York Limited Liability Company,
BARRY DYNKIN, and BENJAMIN DYNKIN,
Defendants.
_______________________________________________/
FINAL DEFAULT JUDGMENT
THIS CAUSE came before the Court on August 24, 2021 on Plaintiff Ben-Zion Alcalay’s
motion for final judgment against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and
Barry Dynkin, and the Court having reviewed and considered the Motion that included the sworn
statement of Ben-Zion Alcalay, heard argument from counsel for all parties, and being otherwise
fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s motion for final judgment is GRANTED; and
2. Plaintiff is entitled to an entry of Final Judgment against the Defendants Atlas
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and the recovery of damages resulting
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
from their breach of contract, fraud, fraudulent inducement, and other causes of action detailed in
the amended Complaint; and
3. Judgment shall be entered if favor of Plaintiff Ben-Zion Alcalay, whose address is
228 East 45th Street 1110, New York, NY 10017 and against Defendants Atlas Cybersecurity,
LLC, Benjamin Dynkin and Barry Dynkin, all of whose address is 107 Northern Blvd. Great
Neck, NY 11021, in the amount of $293,291.4 plus statutory interest from November 23, 2020.
DONE and ORDERED in Palm Beach County, Florida.
____________________________________
Honorable Howard Kelly Coates, Jr.
CIRCUIT COURT JUDGE
Copies To:
See Attached List
2
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
Name Address Email
efile@thefirmmiami.com,
AARON RESNICK n/a aresnick@thefirmmiami.com,
nazarena@thefirmmiami.com
ATLAS CYBERSECURITY 107 NORTHERN BLVD.
LLC GREAT NECK, NY 11021
BARRY DYNKIN
130 COOPER DRIVE
BENBAR LLC
GREAT NECK, NY 11023
130 COOPER DRIVE
BENJAMIN DYNKIN
GREAT NECK, NY 11023
DACS CYBERSECURITY
HOLDINGS, LLC
grosen@rosenlawllc.com,
GARY SCOTT ROSEN n/a jaime@rosenlawllc.com,
JARED@ROSENLAWLLC.COM
jared@rosenlawllc.com,
JARED MICHAEL ROSEN n/a grosen@rosenlawllc.com,
jaime@rosenlawllc.com
jonathan@davidofflawfirm.com,
JONATHAN MARC 228 E 45TH ST SUITE 1700
efile@thefirmmiami.com,
DAVIDOFF, ESQ NEW YORK, NY 10017
danielle@davidofflawfirm.com
3
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 Exhibit "B" RECEIVED NYSCEF: 11/09/2022
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 Exhibit "C" RECEIVED NYSCEF: 11/09/2022
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022
Preview
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 Filing # 149501147 E-Filed 05/12/2022 04:36:06 PM NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA _______________________________________________ BEN-ZION ALCALAY Plaintiff, Case No. 502020CA012935 vs. ATLAS CYBERSECURITY, LLC, a New York Limited Liability Company, DACS CYBERSECURITY HOLDINGS, LLC, a New York Limited Liability Company, BARRY DYNKIN, and BENJAMIN DYNKIN, Defendants. _______________________________________________/ PLAINTIFF’S MOTION TO COMPEL COMPLETION OF FACT INFORMATION SHEETS COMES NOW, Plaintiff, BEN-ZION ALCALAY (“Plaintiff”), by and through undersigned counsel, hereby files this Motion to Compel Defendants Barry Dynkin and Atlas Cybersecurity, LLC to complete and serve on Plaintiff a Fact Information Sheet, and, in support thereof, states as follows: 1. On December 7, 2021, this Court entered a Final Judgment against Defendants Barry Dynkin (“Barry”), Benjamin Dynkin (“Benjamin”), and Atlas Cybersecurity, LLC (the “Final Judgment”). A true and correct copy of the Final Judgment is attached here to Exhibit “A”. 2. Plaintiff, as a judgment creditor, has the absolute right to conduct discovery in aide of execution of the judgments against Defendants Barry and Atlas, as they are not protected by automatic stay afforded to Benjamin as a result of his bankruptcy filing. 3. Florida Rules of Civil Procedure Rule 1.560 provides a judgment creditor the right to conduct discovery in aid of execution of the judgment (“(a) In General. In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when that interest appears Page 1 of 3 DAVIDOFF LAW FIRM, PLLC 228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.”) 4. Additionally, a judgment creditor is entitled to obtain information from the judgment debtor to assist in the execution of the judgment. Specifically Rule 1.560(b) states “Fact Information Sheet. In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court.” 5. Plaintiff requests that Barry and Atlas be required to timely complete the Fact Information Sheet attached as Exhibit “B” (Barry) and Exhibit “C” (Atlas), Form 1.977 (for businesses and individuals), and submit such to Plaintiff’s counsel within 45 days of the entry of the order. WHEREFORE, Plaintiff, BEN-ZION ALCALAY, respectfully requests that this Court enter an Order granting this Motion compelling Defendants, BARRY DYNKIN and ATLAS CYBERSECURITY, LLC to complete and serve the Fact Information Sheet attached to the Motion as Exhibits “B” and “C” within forty-five (45) days of the entry of the order, and granting any other and further relief that this Court deems just and proper. Respectfully submitted, Page 2 of 3 DAVIDOFF LAW FIRM, PLLC 228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 Dated: May 12, 2022 DAVIDOFF LAW FIRM, PLLC By: __/s/_____JMD_______________________ Jonathan Marc Davidoff, Esq. Florida Bar #179833 Attorney for Plaintiff 228 East 45th Street, Suite 1110 New York, New York 10017 Tel. (212) 587-5971 Email: Jonathan@davidofflawfirm.com CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 12th day of May 2022, the foregoing was electronically filed with the Clerk of Courts via Florida’s E-Filing Portal, which will cause an electronic copy to be delivered to all parties of record. _/s/______JMD______________________ Jonathan Marc Davidoff, Esq., Florida Bar #179833 Page 3 of 3 DAVIDOFF LAW FIRM, PLLC 228 East 45th Street, Suite 1110, New York, New York 10017 ● Telephone (212) 587-5971● Fax (212) 658-9852 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 Exhibit "A" IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA _______________________________________________ BEN-ZION ALCALAY Plaintiff, Case No. 502020CA012935 vs. ATLAS CYBERSECURITY, LLC, a New York Limited Liability Company, DACS CYBERSECURITY HOLDINGS, LLC, a New York Limited Liability Company, BARRY DYNKIN, and BENJAMIN DYNKIN, Defendants. _______________________________________________/ FINAL DEFAULT JUDGMENT THIS CAUSE came before the Court on August 24, 2021 on Plaintiff Ben-Zion Alcalay’s motion for final judgment against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, and the Court having reviewed and considered the Motion that included the sworn statement of Ben-Zion Alcalay, heard argument from counsel for all parties, and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED as follows: 1. Plaintiff’s motion for final judgment is GRANTED; and 2. Plaintiff is entitled to an entry of Final Judgment against the Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and the recovery of damages resulting FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 from their breach of contract, fraud, fraudulent inducement, and other causes of action detailed in the amended Complaint; and 3. Judgment shall be entered if favor of Plaintiff Ben-Zion Alcalay, whose address is 228 East 45th Street 1110, New York, NY 10017 and against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, all of whose address is 107 Northern Blvd. Great Neck, NY 11021, in the amount of $293,291.4 plus statutory interest from November 23, 2020. DONE and ORDERED in Palm Beach County, Florida. ____________________________________ Honorable Howard Kelly Coates, Jr. CIRCUIT COURT JUDGE Copies To: See Attached List 2 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 Name Address Email efile@thefirmmiami.com, AARON RESNICK n/a aresnick@thefirmmiami.com, nazarena@thefirmmiami.com ATLAS CYBERSECURITY 107 NORTHERN BLVD. LLC GREAT NECK, NY 11021 BARRY DYNKIN 130 COOPER DRIVE BENBAR LLC GREAT NECK, NY 11023 130 COOPER DRIVE BENJAMIN DYNKIN GREAT NECK, NY 11023 DACS CYBERSECURITY HOLDINGS, LLC grosen@rosenlawllc.com, GARY SCOTT ROSEN n/a jaime@rosenlawllc.com, JARED@ROSENLAWLLC.COM jared@rosenlawllc.com, JARED MICHAEL ROSEN n/a grosen@rosenlawllc.com, jaime@rosenlawllc.com jonathan@davidofflawfirm.com, JONATHAN MARC 228 E 45TH ST SUITE 1700 efile@thefirmmiami.com, DAVIDOFF, ESQ NEW YORK, NY 10017 danielle@davidofflawfirm.com 3 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 Exhibit "B" RECEIVED NYSCEF: 11/09/2022 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 Exhibit "C" RECEIVED NYSCEF: 11/09/2022 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 11/09/2022