Motion-Secondary: Shaul Kopelowitz v. Toby Moskowitz, Michael A/K/A Yechiel Lechtenstein

• 
• 
• 
• 

						
                                
Preview
                                At  the  I.A.S. Part       of the  Supreme    Court   of
                                                                         the  State of New    York,   held  in and  for the

                                                                         County    of Kings,   at the Courthouse     located  at
                                                                         360   Adams    Street, New    York,  New    York,  on

                                                                         the                        day  of January,   2021.




                     PRESENT:      HON.                                              ,




                  SUPREME      COURT     OF  THE    STATE    OF  NEW    YORK
                  COUNTY      OF  KINGS




                   SHAUL     KOPELOWITZ,                                                            Index  No.:   527036/2019


                                                 Plaintiff,                                         Mot.   Seq. No.
                                     -against-

                                                                                                 ORDER       TO   SHOW
                      TOBY     MOSKOVITS         and  MICHAEL        a/k/a                       CAUSE

                      YECHIEL       LICHTENSTEIN,


                                                  Defendants.




                     Upon    the accompanying      affirmation   of  Israel Goldberg,    Esq.,  dated  January   27, 2021   and  the


                     affirmation   of Toby   Moskovitz     dated  January   29, 2021   and  upon  the  exhibits  annexed    thereto,


                     and  upon  all filings herein,


                            LET    Petitioner   show   cause  before  this Court,   Room            , atthe  Courthouse,    located


                   at360   Adams,    Brooklyn,    New   York   on                                   , 2021   at


                                                                               a.m./p.m.   or as soon  thereafter   as counsel   can


                   be  heard,  why   an  Order  should   not  be  entered:



                            (a)      Vacating    the  determinations    and   orders  of  this Court   dated:  January   28,  2020;


                   and  November      5, 2020;  and  December      4, 2020;  and



                            (b)      Vacating    the  Confession    of  Judgment    dated   August   3, 2018    and  the judgment


                   entered   thereon   in the office  of  the Kings   County    Clerk  on  December      13, 2019    in the sum   of
                   $6,350,250.00 pursuant to the provisions of CPLR 5015 (a)(3); and

                            (c)      Directing the Clerk of the Court to vacate          and expunge from the judgment roll

                   and Clerk’s docket the Confession of Judgment dated August 3, 2018 and the judgment entered

                   thereon   in  the  office   of  the  Kings   County    Clerk    on  December      13,  2019     in the  sum    of

                   $6,350,250.00 nunc pro tunc to the date of filing; and

                            (d)      Directing that pending further Order of this Court            Petitioner his agents and/or

                   employees, assignees or anyone acting on his behalf are enjoined and restrained from taking

                   any action to enforce the judgment entered against Defendants on the 13th                   day of December

                   2019; and

                            (e)      For such other relief as the Court deems just and proper; and it is further


                            ORDERED that, pending a hearing and determination of this application Plaintiff his

                   assignees,   agent   and/or  employees     or  any one   acting   on  Plaintiff’s  behalf  are  enjoined    from

                   taking   any action   to  enforce,  levy or   otherwise    seek  to  collect  from   any  assets  belonging    to

                   Defendants     and  any   entities  in which    Defendants     have   an  interest  on  the  judgment,    in  the

                   amount of $6,350.000,000.00 and any interest and costs thereon, docketed in the office of the

                   Clerk of Supreme Court of the State of New York County of Kings on December 13, 2019                           or

                   in any other County or venue in which the judgment has been docketed.

                            ORDERED that service of these papers on Counsel for all Appearing parties be made

                   via efile under the efile docket of this case by _________________ 2021.


                                                                                                            ENTER:



                                                                                                                            J.S.C.