Preview
FILED: KINGS COUNTY CLERK 04/22/2021 09:46 AM INDEX NO. 527036/2019
NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 04/22/2021
EXHIBIT 6
FILED: KINGS COUNTY CLERK 03/23/2021
04/22/2021 02:26
09:46 PM
AM INDEX NO. 527036/2019
NYSCEF DOC. NO. 150
157 RECEIVED NYSCEF: 03/23/2021
04/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SHAUL KOPELOWITZ,
Index No. 527036/2019
Plaintiff,
NOTICE OF ENTRY
- against -
TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL
LICHTENSTEIN,
Defendants.
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PLEASE TAKE NOTICE, that annexed hereto is a copy of a Decision and Order of
Hon. Reginald A. Boddie, J.S.C., dated March 18, 2021 and entered in the Office of the Clerk of
the County of Kings on March 22, 2021.
Dated: New York, New York
March 23, 2021
LAW OFFICE OF JEFFREY FLEISCHMANN, P.C.
By: /s/ Jeffrey Fleischmann
Jeffrey Fleischmann, Esq.
150 Broadway, Suite 900
New York, New York 10038
Tel: (646) 657-9623
Fax: (646) 351-0694
jf@lawjf.com
Attorneys for Plaintiff Shaul Kopelowitz
1 of 4
FILED::
|FILED KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 03/23/2021
04/22/2021
03/22 /20211 02:26
09:46 PM
AM INDEX
INDEX NO.
NO. 527036/2019
527036/2019
NYSCEF
NYSCF,LF DOC.
DOO-. NO.
NO. 150
157
149 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/23/2021
04/22/2021
03/23/2021
At an IAS Commercial Term Part 12 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,
Borough of Brooklyn, City and State of New
18th
York on the day of March 2021.
P R E S E N T:
Honorable Reginald A. Boddie
Justice, Supreme Court
----------- -------------------------------------x
Shaul Kopelowitz, et al,
Index No. 527036/2019
Plaintiffs/Petitioner(s), Cal. No. 17 & 18
-against- DECISION AND ORDER
Toby Moskowitz, et al,
Defendant/Respondent(s).
--------------------------------------------------------x
Recitation, as required by CPLR 2219 (a),of the papers considered in the review of this
motion:
Papers Numbered
MS 4 Does. #89-123
MS 5 Does. #138-144
Upon the foregoing cited papers, the above referenced motion (MS 4) seeking an order of
contempt against two defendants and six non-party entities for their failure to comply with
subpoenas, and a motion (MS 5) seeking to vacate the determinations of this Court dated January
28, 2020, November 5, 2020 and December 4, 2020, expunge the confession of judgment dated
August 3, 2018, and related judgment entered on December 13, 2019, and for injunctive relief, is
decided as follows:
After a conference held with the parties today, upon hearing their arguments and
reviewing the papers filed herein, MS 4 is granted to the extent that defendants Toby Moskovits
and Michael Lichtenstein (a.k.a. Yechiel Lichtenstein) and non-party entities 19 Kent
development LLC, 96 Wythe Acquisition LLC, 215 Moore St Acquisition LLC, 232 Seigen
Acquisition LLC (a.k.a. 232 Seigel Acquisition LLC), 564 St. Johns Acquisition LLC, and
1
1
2 of
of 2
4
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 03/23/2021
04/22/2021
03/22/2021| 02:26
09:46 PM
AM INDEX
INDEX NO.
NO. 527036/2019
527036/2019
NYSCF,F
NYSCEF DOC.
DOG- NO.
NO. 150
157
149 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/23/2021
03/23/2021
04/22/2021
Grand Living LLC shall produce the information demanded in the subject subpoenas within 45
days of the date of this order. Motion sequence 5 is denied in entirety.
E N T E R:
Hon. Reginald A. Boddie
Justice, Supreme Court
HON. REGINALD A. BODDIE
J.S.C.
2
2
3 of
of 2
4
FILED: KINGS COUNTY CLERK 03/23/2021
04/22/2021 02:26
09:46 PM
AM INDEX NO. 527036/2019
NYSCEF DOC. NO. 150
157 RECEIVED NYSCEF: 03/23/2021
04/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------x
SHAUL KOPELOWITZ,
Plaintiff, Index No. 527036/2019
- against -
TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL
LICHTENSTEIN,
Defendants.
---------------------------------------------------------------------x
AFFIRMATION OF SERVICE
JEFFREY FLEISCHMANN, an attorney admitted to practice before the courts of the
State of New York, affirms under the penalty of perjury as follows:
1. I am over 18 years of age and reside in Brooklyn, New York.
2. On March 23, 2021, I caused to be served a true copy of the foregoing: (i) Notice
of Entry; with (ii) Decision and Order, dated March 18, 2021 and entered in the Office of the
Clerk of the County of Kings on March 22, 2021 upon all parties via the e-file system.
Dated: New York, New York
March 23, 2021
/s/ Jeffrey Fleischmann
Jeffrey Fleischmann, Esq.
4 of 4
Preview
FILED: KINGS COUNTY CLERK 04/22/2021 09:46 AM INDEX NO. 527036/2019 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 04/22/2021 EXHIBIT 6 FILED: KINGS COUNTY CLERK 03/23/2021 04/22/2021 02:26 09:46 PM AM INDEX NO. 527036/2019 NYSCEF DOC. NO. 150 157 RECEIVED NYSCEF: 03/23/2021 04/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------x SHAUL KOPELOWITZ, Index No. 527036/2019 Plaintiff, NOTICE OF ENTRY - against - TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL LICHTENSTEIN, Defendants. ---------------------------------------------------------------------x PLEASE TAKE NOTICE, that annexed hereto is a copy of a Decision and Order of Hon. Reginald A. Boddie, J.S.C., dated March 18, 2021 and entered in the Office of the Clerk of the County of Kings on March 22, 2021. Dated: New York, New York March 23, 2021 LAW OFFICE OF JEFFREY FLEISCHMANN, P.C. By: /s/ Jeffrey Fleischmann Jeffrey Fleischmann, Esq. 150 Broadway, Suite 900 New York, New York 10038 Tel: (646) 657-9623 Fax: (646) 351-0694 jf@lawjf.com Attorneys for Plaintiff Shaul Kopelowitz 1 of 4 FILED:: |FILED KINGS KINGS COUNTY COUNTY CLERK CLERK 03/23/2021 04/22/2021 03/22 /20211 02:26 09:46 PM AM INDEX INDEX NO. NO. 527036/2019 527036/2019 NYSCEF NYSCF,LF DOC. DOO-. NO. NO. 150 157 149 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/23/2021 04/22/2021 03/23/2021 At an IAS Commercial Term Part 12 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, Borough of Brooklyn, City and State of New 18th York on the day of March 2021. P R E S E N T: Honorable Reginald A. Boddie Justice, Supreme Court ----------- -------------------------------------x Shaul Kopelowitz, et al, Index No. 527036/2019 Plaintiffs/Petitioner(s), Cal. No. 17 & 18 -against- DECISION AND ORDER Toby Moskowitz, et al, Defendant/Respondent(s). --------------------------------------------------------x Recitation, as required by CPLR 2219 (a),of the papers considered in the review of this motion: Papers Numbered MS 4 Does. #89-123 MS 5 Does. #138-144 Upon the foregoing cited papers, the above referenced motion (MS 4) seeking an order of contempt against two defendants and six non-party entities for their failure to comply with subpoenas, and a motion (MS 5) seeking to vacate the determinations of this Court dated January 28, 2020, November 5, 2020 and December 4, 2020, expunge the confession of judgment dated August 3, 2018, and related judgment entered on December 13, 2019, and for injunctive relief, is decided as follows: After a conference held with the parties today, upon hearing their arguments and reviewing the papers filed herein, MS 4 is granted to the extent that defendants Toby Moskovits and Michael Lichtenstein (a.k.a. Yechiel Lichtenstein) and non-party entities 19 Kent development LLC, 96 Wythe Acquisition LLC, 215 Moore St Acquisition LLC, 232 Seigen Acquisition LLC (a.k.a. 232 Seigel Acquisition LLC), 564 St. Johns Acquisition LLC, and 1 1 2 of of 2 4 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 03/23/2021 04/22/2021 03/22/2021| 02:26 09:46 PM AM INDEX INDEX NO. NO. 527036/2019 527036/2019 NYSCF,F NYSCEF DOC. DOG- NO. NO. 150 157 149 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/23/2021 03/23/2021 04/22/2021 Grand Living LLC shall produce the information demanded in the subject subpoenas within 45 days of the date of this order. Motion sequence 5 is denied in entirety. E N T E R: Hon. Reginald A. Boddie Justice, Supreme Court HON. REGINALD A. BODDIE J.S.C. 2 2 3 of of 2 4 FILED: KINGS COUNTY CLERK 03/23/2021 04/22/2021 02:26 09:46 PM AM INDEX NO. 527036/2019 NYSCEF DOC. NO. 150 157 RECEIVED NYSCEF: 03/23/2021 04/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------x SHAUL KOPELOWITZ, Plaintiff, Index No. 527036/2019 - against - TOBY MOSKOWITZ and MICHAEL a/k/a YECHIEL LICHTENSTEIN, Defendants. ---------------------------------------------------------------------x AFFIRMATION OF SERVICE JEFFREY FLEISCHMANN, an attorney admitted to practice before the courts of the State of New York, affirms under the penalty of perjury as follows: 1. I am over 18 years of age and reside in Brooklyn, New York. 2. On March 23, 2021, I caused to be served a true copy of the foregoing: (i) Notice of Entry; with (ii) Decision and Order, dated March 18, 2021 and entered in the Office of the Clerk of the County of Kings on March 22, 2021 upon all parties via the e-file system. Dated: New York, New York March 23, 2021 /s/ Jeffrey Fleischmann Jeffrey Fleischmann, Esq. 4 of 4