Preview
FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021
EXHIBIT F
FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- ------- --- --- --- ----------------------- -X
: Index No. 527036/2019
SHAUL KOPELOWITZ, :
:
Plaintiff, :
- against - :
: INFORMATION SUBPOENA
TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL : AND RESTRAINING
LICHTENSTEIN, : NOTICE
:
Defendants. :
-------- ------------- -------- -------- - - --X
THE PEOPLE OF THE STATE OF NEW YORK
TO: Toby Moskowitz
Address: 137-55 71st Ave.,
Flushing, New York 11367
GREETING:
WHEREAS, in an action in the Supreme Court of the State of New York, County
of Kings, between Plaintiff SHAUL KOPELOWITZ (the "Judgment Creditor"), and Defendant
TOBY MOSKOWITZ, a judgment was duly entered on December 16, 2019 in favor of the
Judgment Creditor and against TOBY MOSKOWITZ (the "Judgment Debtor(s)"), in the amount
of $6,350,225.00, which remains due and unpaid, together with interest thereon from such date
(the "Judgment"); and
NOW, THEREFORE, WE COMMAND YOU, to answer in writing under oath, the
attached written questions, of which a copy thereof is also attached, relevant to the satisfaction of
the judgment. Each question shall be answered separately and fully, each answer referring to the
question to which it responds; and that you return the answers together with the original of the
questions within 7 days after your receipt of the questions and this subpoena.
TAKE NOTICE, that false swearing or failure to comply with this subpoena is punishable
as a contempt of court.
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I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE
5224 OF THE CIVIL PRACTICE LAW AND RULES AND SECTION 601 OF TNE GENERAL
BUSINESS LAW THAT IHAVE A REASONABLE BELIEF THAT THE PARTY RECEIVING
THIS SUBPOENA HAS IN THEIR POSSESSION INFORMATION ABOUT THE DEBTOR
THAT WILL ASSIST THE CREDITOR IN COLLECT1NG THE JUDGMENT.
Dated: December 17, 2019
New York, New York
LAW OFFICE OF JEFFREY FLEISCHMANN PC
By:
Jeffre Fleischmann, Esq
Attorneys for Plaintiff Shaul Kopelowitz
150 Broadway, Suite 900
New York, New York 10038
Tel. (646) 657-9623
Fax (646) 351-0694
jf@lawjf.com
2
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RESTRAINING NOTICE
. . . . .
WHEREAS, itappears that you owe a debt to either of the judgment debtors or are in possession
of property in which either of the judgment debtors has an interest;
TAKE NOTICE that pursuant to subdivision (b) of Section 5222 of the Civil Practice Law and
Rules, which is set forth in full herein, you are hereby forbidden to make or suffer any sale,
assignment or transfer of, or any interference with, any such property or pay over or otherwise
dispose of any such debt except as therein provided.
CIVIL PRACTICE LAW AND RULES 5222(b), (h) and (i)
Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or
obligor served with a restraining notice is forbidden to make or suffer any sale, assignment,
transfer or interference with any property in which he or she has an interest, except as set forth in
subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an
order of the court, until the judgment or order is satisfied or vacated. A restraining notice served
upon a person other than the judgment debtor or obligor is effective only if, at the time of
service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession
or custody of property in which he or she knows or has reason to believe the judgment debtor or
obligor has an interest, or if the judgment creditor or support collection unit has stated in the
notice that a specified debt is owed by the person served to the judgment debtor or obligor or that
the judgment debtor or obligor has an interest in specified property in the possession or custody
of the person served. All property in which the judgment debtor or obligor is known or believed
to have an interest then in and thereafter coming into possession or custody of such a person,
including any specified in the notice, and all debts of such a person, including any specified in
the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject
to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is
forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any
such property, or pay over or otherwise dispose of any such debt, to any person other than the
sheriff or the support collection unit, except as set forth in subdivisions (h) and (i)of this section,
and except upon direction of the sheriff or pursuant to an order of the court, until the expiration
of one year after the notice is served upon him or her, or until the judgment or order is satisfied
or vacated, whichever event first occurs. A judgment creditor or support collection unit which
has specified personal property or debt in a restraining notice shall be liable to the owner of the
property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for
any damages sustained by reason of the restraint. Ifa garnishee served with a restraining notice
withholds the payment of money belonging or owed to the judgment debtor or obligor in an
amount equal to twice the amount due on the judgment or order, the restraining notice is not
effective as to other property or money.
(h) Effect of restraint on judgment debtor's banking institution account into which statutorily
exempt payments are made electronically or by direct deposit. Notwithstanding the provisions of
subdivision (b) of this section, if direct deposit or electronic payments reasonably identifiable as
statutorily exempt payments as defined in paragraph two of subdivision (1) of section 5205 of
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this article were made to the judgment debtor's account during the 45 day period preceding the
date that the restraining notice was served on the banking institution, then the banking institution
shall not restrain $2,500 in the judgment debtor's account. If the account contains an amount
equal to or less than $2,500, the account shall not be restrained and the restraining notice shall be
deemed void. Nothing in this subdivision shall be construed to limit a banking institution's right
or obligation to restrain or remove such funds from the judgment debtor's account ifrequired by
42 U.S.C. § 659 or 38 U.S.C. § 5301 or by a court order. Nothing in this subdivision shall alter
the exempt status of funds that are protected from execution, levy, attachment, garnishment or
other legal process, under section 5205 of this article or under any other provision of state or
federal law, or affect the right of a judgment debtor to claim such exemption.
(i) Effect of restraint on judgment debtor's banking institution account. A restraining notice
issued pursuant to this section shall not apply to an amount equal to or less than the greater of
240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938
or 240 times the state minimum hourly wage prescribed in section 652 of the labor law as in
effect at the time the earnings are payable (as published on the websites of the United States
department of labor and the state department of labor) except such part thereof as a court
determines to be unnecessary for the reasonable requirements of the judgment debtor and his or
her dependents. This amount shall be equal to $1,716 on the effective date of this subdivision,
and shall rise to $1,740 on July 24, 2009, and shall rise thereafter in tandem with the minimum
wage. Nothing in this subdivision shall be construed to limit a banking institution's right or
obligation to restrain or remove such funds from the judgment debtor's account ifrequired by 42
U.S.C. § 659 or 38 U.S.C. § 5301 or by a court order. Where a judgment debtor's account
contains an amount equal to or less than 90% of the greater of 240 times the federal minimum
hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum
hourly wage prescribed in section 652 of the labor law as in effect at the time the earnings are
payable (as published on the websites of the United States department of labor and the state
department of labor), the account shall not be restrained and the restraining notice shall be
deemed void, except as to those funds that a court determines to be unnecessary for the
reasonable requirements of the judgment debtor and his or her dependents. Nothing in this
subdivision shall alter the exempt status of funds which are exempt from execution, levy,
attachment or garnishment, under section 5205 of this article or under any other provision of
state or federal law, or the right of a judgment debtor to claim such exemption.
TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as
contempt of court.
Dated: December 17, 2019
New York, New York
LAW OFFICE OF JEFFREY FLEISCHMANN PC
By:
Jeffrey leischmann, Esq.
Attorneys for Plaintiff Shaul Kopelowitz
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150 Broadway, Suite 900
New York, New York 10038
Tel. (646) 657-9623
Fax (646) 351-0694
jf@lawjf.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------ - ----------X
: Index No. 527036/2019
SHAUL KOPELOWITZ, :
:
Plaintiff, :
- against - :
: INFORMATION SUBPOENA
TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL :
LICHTENSTEIN, :
Defendants. :
- - -------- --- ---- ---------··--------- - - -- -X
STATE OF )
)ss.:
COUNTY OF )
being duly sworn or affirmed, deposes and says: The deponent is the
recipient of an information subpoena herein and of the original and copy of the questions
accompanying said subpoena, and answers said questions as set forth below:
Question #1: State Judgment Debtor's address and EIN.
ANSWER #1:
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Question #2: State the name, address, and telephone numbers of allJudgment Debtors
employees.
ANSWER #2:
2
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Question #3: Identify each bank in which Judgment Debtor currently maintains an account,
stating
(a) the titleof that account,
(b) the bank in which the account is held,
(c) the bank account number of each such account, and
(d) the balance in each such account at the time that you respond to this Subpoena.
ANSWER #3:
3
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Question #4: For the period January 1, . 2009 to the time that you respond to this Subpoena
. . . .
identify each bank in which Judgment Debtor formerly held an account setting forth
(a) the bank in which that account was held or maintained,
(b) the title of that account,
(c) the account number.
If the account was held in your name and the name of another person or persons or in trust for
another person or persons or in trust for you, set forth:
(a) the home and business address of each such person,
(b) their home, business and cellphone numbers,
(c) their age and relationship to you, and
(d) when that account was closed and the reasons that account was closed.
ANSWER #4:
4
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QUESTION #5: From January 1, 2009 to the time that you respond to this Subpoena, identify the
authorized signatory for each bank account held by Judgment Debtor ("Entity"), setting forth for
each such account:
(a)the titleof each such account,
(b) the business address of each such Entity,
(c) your relationship to each such Entity,
(d) the position you held in each such Entity,
(e) the name of the bank in which each such account was maintained,
(f) the account number of each such account,
(g) whether the account was active at the time you were served with this Subpoena, and
(h) if the bank account is no longer open, when that account was closed.
ANSWER #5:
5
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Question #6: Do Judgment Debtor maintain any cash separate from banking institutions? Specify
. . . .
(a) how much cash is maintained as of the time you answer this question, and
(b) where itis kept.
ANSWER #6:
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Question #7: Has Judgment Debtor maintained a safe deposit box? If the answer is in the
. . . . .
affirmative, set forth
(a) the titlein which each such safe deposit box is/was maintained,
(b) the name and address of each bank in which each safe deposit box is/was maintained,
(c) whether any such safe deposit box is currently being maintained, and
(d) the contents of each such safe deposit box at the time that you respond to this Subpoena.
ANSWER #7:
7
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Question #8: For the period beginning January 1, 2009, to the time that you respond to this
Subpoena, identify all debit and/or credit cards which in the name of, or relating to, Judgment
Debtor, that was authorized to use during this period, including alldebit and/or credit cards in its
name. For each debit and/or credit card, specify
(a) the name of the debit and/or credit card issuer, i.e., which bank or store and type of card
(Visa, Master Card, American Express, Discover, etc.),
(b) the name of the card holder,
(c) the card account number of each such credit/debit card,
(d) the period for which you have used that debit and/or credit card.
ANSWER #8:
8
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Question #9:
(a) Does Judgment Debtor presently own any stocks or other securities not listed on an exchange
and not maintained in a brokerage or investment advisor account?
(b) If so,
(i) identify each such stock or security,
(ii) where they are held, and
(iii) whether they are held in your name, jointly with another person, in trust for you, or
in trust for some other person.
(c) If any of those stocks or other securities are held by a third party, whether a brokerage
company or investment advisor or someone else,
(i) identify that brokerage company, investment advisor or someone else by providing
their name and their address,
(ii) the account or account numbers, and
(iii)the name and telephone number of the person who supervises that account.
ANSWER #9:
9
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Question #10:
. . . . .
Identify the number of shares of outstanding shares of stock held by Judgment Debtor of for its
benefit?
(i) identify each such stock or security,
(ii) where they are held, and
(iii) whether they are held in your name, jointly with another person, in trust for you, or
in trust for some other person.
(c) If any of those stocks or other securities are held by a third party, whether a brokerage
company or investment advisor or someone else,
(i) identify that brokerage company, investment advisor or someone else by providing
their name and their address,
(ii) the account or account numbers, and
(iii)the name and telephone number of the person who supervises that account.
ANSWER #10:
..
10
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QUESTION #11: From January 1, 2011 to the time you respond to this Subpoena, were or are
there any account receivables due to Judgment Debtor? If so, for each account receivable,
specify (a) the nature of the account, (b) the date the account became due, (c) the amount due, (d)
the name and address of the person or Entity you claim was/is indebted to you, (e) provide an
explanation of the underlying transaction from which the obligation due to you arose, (f) if the
account receivables were paid, when were they paid, and (g) to whom they were paid.
ANSWER #11:
11
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QUESTION #12: From January 1, 2009 to the time you respond to this Subpoena, were or are
there any loans due to Judgment Debtor? Ifso, for each loan, specify (a) the nature of the
account, (b) the date the account became due, (c) the amount due, (d) the name and address of
the person of entity you claim was/is indebted to you, (e) provide an explanation of the
underlying transaction from which the obligation due to you arose, (f) if the loan was paid, when
was itpaid, and (g) to whom itwas paid.
ANSWER #12:
12
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Question #13: List and describe all real property or real estate that Judgment Debtor owns or for
. . . . .
which ithas an ownership interest as a tenant in common, joint tenant, or tenancy by the entirety.
For each property, (a) specify the location, by address and by block and lot number and (b) any
persons or entity that owns the real property other than you.
ANSWER #13:
13
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Question #14: Is Judgment Debtor a beneficiary of any settlement agreement, entered into in or
out of court? If so, for each such settlement, specify (a) the date, (b) the jurisdiction, titleof the
case and index number in which the agreement was made, (c)the business name and address of
the debtor, and (d) list the terms of the settlement.
ANSWER #14:
14
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Question #15: Is Judgment Debtor a judgment creditor or an assignee for any judgment? If so,
for each such judgment, specify (a) the court, index number and case name in which the
judgment was originally obtained, (b) the date and amount when entered, (c) whether any part of
the judgment has been satisfied as of the time you answer this question, and (d) if so what
amount and (e) the judgment debtor's home and business address.
ANSWER #15:
15
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Question #16: Is Judgment Debtor currently a party to any lawsuit? Ifso, for each lawsuit,
describe (a) the nature of the case, (b) specify the court, (c) the names and addresses of the
parties, (d) the index number, and (e) the name, address, and phone number of each party's
attorneys.
ANSWER #16:
16
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Question #17: List allother items that Judgment Debtor has an ownership interest in. For each
. . . . .
item, specify the extent of its ownership, the approximate value, the location, and describe the
item.
ANSWER #17:
17
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Question #18: Set forth the name, address and telephone number of the person or firm that
performed accounting services for you in connection with the preparation of Judgment Debtor
Federal and State Income Tax Returns.
ANSWER #18:
18
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Question #19: If Judgment Debtor utilized an accountant to perform accounting services in
connection with the operation of any entity during the years 2009 to the time you respond to this
Subpoena, other than the accountant or firm identified in the prior question, set forth (a) their
name, address and telephone number, (b) specify the name of the business entity for which they
rendered accounting services and (c) the year or years for which those accounting services were
provided.
ANSWER #19:
19
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Question #20: Has Judgment Debtor been refunded any refunds from January 1, 2009 to the time
you respond to this Subpoena? If so, provide (a) the amount refunded, (b) the name of the bank
and the account number into which those funds were deposited and (c) the year for which the
refund was issued.
ANSWER #20:
20
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Question #21: Has Judgment Debtor given any gifts for the period beginning January 1, 2009? If
so, for each gift, in excess of $1,000.00 specify (a) what was given, (b) its approximate value, (c)
when itwas given, (d) to whom itwas given, providing their name, business and home addresses
and telephone numbers.
ANSWER #21:
21
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Question #22: Are there any judgments against Judgment Debtor other than the judgment which
forms the basis of this action? If so, for each judgment, state (a) the court in which the judgment
was entered, (b) the index, case, or docket number, (c) the date the judgment was entered, and (d)
the amount of the judgment.
ANSWER'#22:
22
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Question #23: Does Judgment Debtor rent any property from others? Ifso, for each property,
specify (a) the address of the property, (b) the name, address, and telephone number of the
leadlord, (c) the periodic rental due and (d) when the current lease expires.
ANSWER #23:
23
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Question #24: List the name, address and telephone number of allcollateral sources of Judgment
Debtor's income over the last twelve months not already identified in your answers above and
the amount of gross income received from each source of collateral income.
ANSWER #24:
24
.
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Question #25: For each employee of Judgment Debtor, state their name, address, phone number,
compensation, and the date on which their employment began and describe the type of services
they rendered to you.
ANSWER #25:
25
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Question #26: Set forth each transfer agent with whom Judgment Debtor has done business in
the last ten years, including their name, address, and telephone number, and the period in which
business was transacted.
ANSWER #26:
26
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Sworn to before me on , 2019.
Notary Public
27
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SUPREME COURT OF THÈ STATE OF NEW YORK
COUNTY OF KINGS
- - --- --------------------------- ---------X
: Index No. 527036/2019
SHAUL KOPELOWITZ, :
Plaintiff, :
:
- against - :
: INFORMATION SUBPOENA
TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL : AND RESTRAINING
LICHTENSTEIN, : NOTICE
:
Defendants. :
------------------------------- --------- -X
THE PEOPLE OF THE STATE OF NEW YORK
TO: Michael a/k/a Yechiel Lichtenstein
Address: 929 E 5th Street
Brooklyn, New York 11230
GREETING:
WHEREAS, in an action in the Supreme Court of the State of New York, County
of Kings, between Plaintiff SHAUL KOPELOWITZ (the "Judgment Creditor"), and Defendant
MICHAEL a/k/a YECHIEL LICHTENSTEIN, a judgment was duly entered on December 16,
2019 in favor of the Judgment Creditor and against MICHAEL a/k/a YECHIEL
LICHTENSTEIN (the "Judgment Debtor(s)"), in the amount of $6,350,225.00, which remains
due and unpaid, together with interest thereon from such date (the "Judgment"); and
NOW, THEREFORE, WE COMMAND YOU, to answer in writing under oath, the
attached written questions, of which a copy thereof is also attached, relevant to the satisfaction of
the judgment. Each question shall be answered separately and fully, each answer referring to the
question to which it responds; and that you return the answers together with the original of the
questions within 7 days after your receipt of the questions and this subpoena.
TAKE NOTICE, that false swearing or failure to comply with this subpoena is punishable
as a contempt of court.
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I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE
5224 OF THE CIVIL PRACTICE LAW AND 11ULES AND SECTION 601 OF THE GENERAL
BUSINESS LAW THAT IHAVE A REASONA
Preview
FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 EXHIBIT F FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - ------- --- --- --- ----------------------- -X : Index No. 527036/2019 SHAUL KOPELOWITZ, : : Plaintiff, : - against - : : INFORMATION SUBPOENA TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL : AND RESTRAINING LICHTENSTEIN, : NOTICE : Defendants. : -------- ------------- -------- -------- - - --X THE PEOPLE OF THE STATE OF NEW YORK TO: Toby Moskowitz Address: 137-55 71st Ave., Flushing, New York 11367 GREETING: WHEREAS, in an action in the Supreme Court of the State of New York, County of Kings, between Plaintiff SHAUL KOPELOWITZ (the "Judgment Creditor"), and Defendant TOBY MOSKOWITZ, a judgment was duly entered on December 16, 2019 in favor of the Judgment Creditor and against TOBY MOSKOWITZ (the "Judgment Debtor(s)"), in the amount of $6,350,225.00, which remains due and unpaid, together with interest thereon from such date (the "Judgment"); and NOW, THEREFORE, WE COMMAND YOU, to answer in writing under oath, the attached written questions, of which a copy thereof is also attached, relevant to the satisfaction of the judgment. Each question shall be answered separately and fully, each answer referring to the question to which it responds; and that you return the answers together with the original of the questions within 7 days after your receipt of the questions and this subpoena. TAKE NOTICE, that false swearing or failure to comply with this subpoena is punishable as a contempt of court. FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND SECTION 601 OF TNE GENERAL BUSINESS LAW THAT IHAVE A REASONABLE BELIEF THAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION INFORMATION ABOUT THE DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECT1NG THE JUDGMENT. Dated: December 17, 2019 New York, New York LAW OFFICE OF JEFFREY FLEISCHMANN PC By: Jeffre Fleischmann, Esq Attorneys for Plaintiff Shaul Kopelowitz 150 Broadway, Suite 900 New York, New York 10038 Tel. (646) 657-9623 Fax (646) 351-0694 jf@lawjf.com 2 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 RESTRAINING NOTICE . . . . . WHEREAS, itappears that you owe a debt to either of the judgment debtors or are in possession of property in which either of the judgment debtors has an interest; TAKE NOTICE that pursuant to subdivision (b) of Section 5222 of the Civil Practice Law and Rules, which is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property or pay over or otherwise dispose of any such debt except as therein provided. CIVIL PRACTICE LAW AND RULES 5222(b), (h) and (i) Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or the support collection unit, except as set forth in subdivisions (h) and (i)of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. Ifa garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money. (h) Effect of restraint on judgment debtor's banking institution account into which statutorily exempt payments are made electronically or by direct deposit. Notwithstanding the provisions of subdivision (b) of this section, if direct deposit or electronic payments reasonably identifiable as statutorily exempt payments as defined in paragraph two of subdivision (1) of section 5205 of FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 this article were made to the judgment debtor's account during the 45 day period preceding the date that the restraining notice was served on the banking institution, then the banking institution shall not restrain $2,500 in the judgment debtor's account. If the account contains an amount equal to or less than $2,500, the account shall not be restrained and the restraining notice shall be deemed void. Nothing in this subdivision shall be construed to limit a banking institution's right or obligation to restrain or remove such funds from the judgment debtor's account ifrequired by 42 U.S.C. § 659 or 38 U.S.C. § 5301 or by a court order. Nothing in this subdivision shall alter the exempt status of funds that are protected from execution, levy, attachment, garnishment or other legal process, under section 5205 of this article or under any other provision of state or federal law, or affect the right of a judgment debtor to claim such exemption. (i) Effect of restraint on judgment debtor's banking institution account. A restraining notice issued pursuant to this section shall not apply to an amount equal to or less than the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in section 652 of the labor law as in effect at the time the earnings are payable (as published on the websites of the United States department of labor and the state department of labor) except such part thereof as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. This amount shall be equal to $1,716 on the effective date of this subdivision, and shall rise to $1,740 on July 24, 2009, and shall rise thereafter in tandem with the minimum wage. Nothing in this subdivision shall be construed to limit a banking institution's right or obligation to restrain or remove such funds from the judgment debtor's account ifrequired by 42 U.S.C. § 659 or 38 U.S.C. § 5301 or by a court order. Where a judgment debtor's account contains an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in section 652 of the labor law as in effect at the time the earnings are payable (as published on the websites of the United States department of labor and the state department of labor), the account shall not be restrained and the restraining notice shall be deemed void, except as to those funds that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. Nothing in this subdivision shall alter the exempt status of funds which are exempt from execution, levy, attachment or garnishment, under section 5205 of this article or under any other provision of state or federal law, or the right of a judgment debtor to claim such exemption. TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as contempt of court. Dated: December 17, 2019 New York, New York LAW OFFICE OF JEFFREY FLEISCHMANN PC By: Jeffrey leischmann, Esq. Attorneys for Plaintiff Shaul Kopelowitz FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 150 Broadway, Suite 900 New York, New York 10038 Tel. (646) 657-9623 Fax (646) 351-0694 jf@lawjf.com FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------ - ----------X : Index No. 527036/2019 SHAUL KOPELOWITZ, : : Plaintiff, : - against - : : INFORMATION SUBPOENA TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL : LICHTENSTEIN, : Defendants. : - - -------- --- ---- ---------··--------- - - -- -X STATE OF ) )ss.: COUNTY OF ) being duly sworn or affirmed, deposes and says: The deponent is the recipient of an information subpoena herein and of the original and copy of the questions accompanying said subpoena, and answers said questions as set forth below: Question #1: State Judgment Debtor's address and EIN. ANSWER #1: FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #2: State the name, address, and telephone numbers of allJudgment Debtors employees. ANSWER #2: 2 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #3: Identify each bank in which Judgment Debtor currently maintains an account, stating (a) the titleof that account, (b) the bank in which the account is held, (c) the bank account number of each such account, and (d) the balance in each such account at the time that you respond to this Subpoena. ANSWER #3: 3 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #4: For the period January 1, . 2009 to the time that you respond to this Subpoena . . . . identify each bank in which Judgment Debtor formerly held an account setting forth (a) the bank in which that account was held or maintained, (b) the title of that account, (c) the account number. If the account was held in your name and the name of another person or persons or in trust for another person or persons or in trust for you, set forth: (a) the home and business address of each such person, (b) their home, business and cellphone numbers, (c) their age and relationship to you, and (d) when that account was closed and the reasons that account was closed. ANSWER #4: 4 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 QUESTION #5: From January 1, 2009 to the time that you respond to this Subpoena, identify the authorized signatory for each bank account held by Judgment Debtor ("Entity"), setting forth for each such account: (a)the titleof each such account, (b) the business address of each such Entity, (c) your relationship to each such Entity, (d) the position you held in each such Entity, (e) the name of the bank in which each such account was maintained, (f) the account number of each such account, (g) whether the account was active at the time you were served with this Subpoena, and (h) if the bank account is no longer open, when that account was closed. ANSWER #5: 5 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #6: Do Judgment Debtor maintain any cash separate from banking institutions? Specify . . . . (a) how much cash is maintained as of the time you answer this question, and (b) where itis kept. ANSWER #6: FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #7: Has Judgment Debtor maintained a safe deposit box? If the answer is in the . . . . . affirmative, set forth (a) the titlein which each such safe deposit box is/was maintained, (b) the name and address of each bank in which each safe deposit box is/was maintained, (c) whether any such safe deposit box is currently being maintained, and (d) the contents of each such safe deposit box at the time that you respond to this Subpoena. ANSWER #7: 7 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #8: For the period beginning January 1, 2009, to the time that you respond to this Subpoena, identify all debit and/or credit cards which in the name of, or relating to, Judgment Debtor, that was authorized to use during this period, including alldebit and/or credit cards in its name. For each debit and/or credit card, specify (a) the name of the debit and/or credit card issuer, i.e., which bank or store and type of card (Visa, Master Card, American Express, Discover, etc.), (b) the name of the card holder, (c) the card account number of each such credit/debit card, (d) the period for which you have used that debit and/or credit card. ANSWER #8: 8 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #9: (a) Does Judgment Debtor presently own any stocks or other securities not listed on an exchange and not maintained in a brokerage or investment advisor account? (b) If so, (i) identify each such stock or security, (ii) where they are held, and (iii) whether they are held in your name, jointly with another person, in trust for you, or in trust for some other person. (c) If any of those stocks or other securities are held by a third party, whether a brokerage company or investment advisor or someone else, (i) identify that brokerage company, investment advisor or someone else by providing their name and their address, (ii) the account or account numbers, and (iii)the name and telephone number of the person who supervises that account. ANSWER #9: 9 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #10: . . . . . Identify the number of shares of outstanding shares of stock held by Judgment Debtor of for its benefit? (i) identify each such stock or security, (ii) where they are held, and (iii) whether they are held in your name, jointly with another person, in trust for you, or in trust for some other person. (c) If any of those stocks or other securities are held by a third party, whether a brokerage company or investment advisor or someone else, (i) identify that brokerage company, investment advisor or someone else by providing their name and their address, (ii) the account or account numbers, and (iii)the name and telephone number of the person who supervises that account. ANSWER #10: .. 10 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 QUESTION #11: From January 1, 2011 to the time you respond to this Subpoena, were or are there any account receivables due to Judgment Debtor? If so, for each account receivable, specify (a) the nature of the account, (b) the date the account became due, (c) the amount due, (d) the name and address of the person or Entity you claim was/is indebted to you, (e) provide an explanation of the underlying transaction from which the obligation due to you arose, (f) if the account receivables were paid, when were they paid, and (g) to whom they were paid. ANSWER #11: 11 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 QUESTION #12: From January 1, 2009 to the time you respond to this Subpoena, were or are there any loans due to Judgment Debtor? Ifso, for each loan, specify (a) the nature of the account, (b) the date the account became due, (c) the amount due, (d) the name and address of the person of entity you claim was/is indebted to you, (e) provide an explanation of the underlying transaction from which the obligation due to you arose, (f) if the loan was paid, when was itpaid, and (g) to whom itwas paid. ANSWER #12: 12 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #13: List and describe all real property or real estate that Judgment Debtor owns or for . . . . . which ithas an ownership interest as a tenant in common, joint tenant, or tenancy by the entirety. For each property, (a) specify the location, by address and by block and lot number and (b) any persons or entity that owns the real property other than you. ANSWER #13: 13 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #14: Is Judgment Debtor a beneficiary of any settlement agreement, entered into in or out of court? If so, for each such settlement, specify (a) the date, (b) the jurisdiction, titleof the case and index number in which the agreement was made, (c)the business name and address of the debtor, and (d) list the terms of the settlement. ANSWER #14: 14 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #15: Is Judgment Debtor a judgment creditor or an assignee for any judgment? If so, for each such judgment, specify (a) the court, index number and case name in which the judgment was originally obtained, (b) the date and amount when entered, (c) whether any part of the judgment has been satisfied as of the time you answer this question, and (d) if so what amount and (e) the judgment debtor's home and business address. ANSWER #15: 15 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #16: Is Judgment Debtor currently a party to any lawsuit? Ifso, for each lawsuit, describe (a) the nature of the case, (b) specify the court, (c) the names and addresses of the parties, (d) the index number, and (e) the name, address, and phone number of each party's attorneys. ANSWER #16: 16 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #17: List allother items that Judgment Debtor has an ownership interest in. For each . . . . . item, specify the extent of its ownership, the approximate value, the location, and describe the item. ANSWER #17: 17 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #18: Set forth the name, address and telephone number of the person or firm that performed accounting services for you in connection with the preparation of Judgment Debtor Federal and State Income Tax Returns. ANSWER #18: 18 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #19: If Judgment Debtor utilized an accountant to perform accounting services in connection with the operation of any entity during the years 2009 to the time you respond to this Subpoena, other than the accountant or firm identified in the prior question, set forth (a) their name, address and telephone number, (b) specify the name of the business entity for which they rendered accounting services and (c) the year or years for which those accounting services were provided. ANSWER #19: 19 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #20: Has Judgment Debtor been refunded any refunds from January 1, 2009 to the time you respond to this Subpoena? If so, provide (a) the amount refunded, (b) the name of the bank and the account number into which those funds were deposited and (c) the year for which the refund was issued. ANSWER #20: 20 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #21: Has Judgment Debtor given any gifts for the period beginning January 1, 2009? If so, for each gift, in excess of $1,000.00 specify (a) what was given, (b) its approximate value, (c) when itwas given, (d) to whom itwas given, providing their name, business and home addresses and telephone numbers. ANSWER #21: 21 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #22: Are there any judgments against Judgment Debtor other than the judgment which forms the basis of this action? If so, for each judgment, state (a) the court in which the judgment was entered, (b) the index, case, or docket number, (c) the date the judgment was entered, and (d) the amount of the judgment. ANSWER'#22: 22 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #23: Does Judgment Debtor rent any property from others? Ifso, for each property, specify (a) the address of the property, (b) the name, address, and telephone number of the leadlord, (c) the periodic rental due and (d) when the current lease expires. ANSWER #23: 23 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #24: List the name, address and telephone number of allcollateral sources of Judgment Debtor's income over the last twelve months not already identified in your answers above and the amount of gross income received from each source of collateral income. ANSWER #24: 24 . FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #25: For each employee of Judgment Debtor, state their name, address, phone number, compensation, and the date on which their employment began and describe the type of services they rendered to you. ANSWER #25: 25 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Question #26: Set forth each transfer agent with whom Judgment Debtor has done business in the last ten years, including their name, address, and telephone number, and the period in which business was transacted. ANSWER #26: 26 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 Sworn to before me on , 2019. Notary Public 27 FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 SUPREME COURT OF THÈ STATE OF NEW YORK COUNTY OF KINGS - - --- --------------------------- ---------X : Index No. 527036/2019 SHAUL KOPELOWITZ, : Plaintiff, : : - against - : : INFORMATION SUBPOENA TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL : AND RESTRAINING LICHTENSTEIN, : NOTICE : Defendants. : ------------------------------- --------- -X THE PEOPLE OF THE STATE OF NEW YORK TO: Michael a/k/a Yechiel Lichtenstein Address: 929 E 5th Street Brooklyn, New York 11230 GREETING: WHEREAS, in an action in the Supreme Court of the State of New York, County of Kings, between Plaintiff SHAUL KOPELOWITZ (the "Judgment Creditor"), and Defendant MICHAEL a/k/a YECHIEL LICHTENSTEIN, a judgment was duly entered on December 16, 2019 in favor of the Judgment Creditor and against MICHAEL a/k/a YECHIEL LICHTENSTEIN (the "Judgment Debtor(s)"), in the amount of $6,350,225.00, which remains due and unpaid, together with interest thereon from such date (the "Judgment"); and NOW, THEREFORE, WE COMMAND YOU, to answer in writing under oath, the attached written questions, of which a copy thereof is also attached, relevant to the satisfaction of the judgment. Each question shall be answered separately and fully, each answer referring to the question to which it responds; and that you return the answers together with the original of the questions within 7 days after your receipt of the questions and this subpoena. TAKE NOTICE, that false swearing or failure to comply with this subpoena is punishable as a contempt of court. FILED: KINGS COUNTY CLERK 05/19/2021 05:07 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 05/19/2021 I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND 11ULES AND SECTION 601 OF THE GENERAL BUSINESS LAW THAT IHAVE A REASONA