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FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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ASSOCIATED SUPERMARKET GROUP LLC and Index No: 607452/2020
AFS CAPITAL LLC,
AFFIRMATION IN
Plaintiffs, SUPPORT OF MOTION
-against- FOR CONTEMPT
COUNTRY FARM MARKET INC. d/b/a ROCKLAND
GREAT FARM, TAE HONG LEE, JAE HYUK CHANG,
and YOUNG CHUNG CHUN a/k/a STEVEN Y. CHUNG,
Defendants.
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ALLEN PERLSTEIN, an attorney duly admitted to practice law before the Courts of
this State, affirms the following under penalties of perjury:
1. I am a member of the firm Harfenist Kraut & Perlstein, LLP (“HKP”), attorneys
for plaintiffs, Associated Supermarket Group LLC (“ASG”) and AFS Capital LLC (“AFS”)
(ASG and AFS are collectively “Associated”), and am fully familiar with all of the facts and
circumstances set forth herein based upon my personal knowledge and a review of the file
maintained by my office.
2. I submit this affirmation in support of Associated’s motion pursuant to Judiciary
Law §756 for an order pursuant to CPLR §2308 and §5251 and Judiciary Law §753(5): (a)
finding defendants, Tae Hong Lee (“Lee”) and Jae Hyuk Chang (“Chang”) (Lee and Chang are
collectively “Defendants”), in civil contempt of Court for willfully and deliberately refusing to
obey certain subpoenas duces tecum and ad testificandum each dated January 6, 2022 seeking
Defendants’ post-judgment depositions on February 10, 2022 and for requested documents; (b)
directing Defendants to appear for a post-judgment deposition at the offices of HKP to order to
purge their contempt; (c) awarding Associated actual damages pursuant to Judiciary Law §773,
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including attorneys’ fees and costs in the amount of $2,283.98; and (d) for such other relief as
the Court deems just and proper under the prevailing circumstances.
STATEMENT OF RELEVANT PROCEDURAL BACKGROUND
3. Associated provides retail solutions, including distribution, marketing,
merchandising, promotional services and financing, to independently owned and operated
grocery stores.
4. Lee and Chang, through County Farm Market Inc. (“County Farm”), operated a
grocery store located at 406 Nanuet Mall South, Nanuet, New York (the “Store”) which was
supplied inventory through financing agreements with Associated.
5. According to the documents provided to Associated at the closing of the loan to
County Farm, Lee is the President and Secretary of County Farm and Chang is an Officer. (See
Resolution annexed hereto as Exhibit 1)
A. The Judgment
6. Associated commenced this action on July 22, 2020 with the filing of summons
and complaint seeking damages resulting from Lee and Chang’s default in payment of i) a
promissory note dated June 24, 2019 made by Country Farm and ii)invoices for grocery store
inventory purchased by Country Farm, on credit, through Associated. Defendants were
obligated to payment of Country Farm’s debts pursuant to a written personal guaranty to
Associated dated June 21, 2019.
7. On June 22, 2021, a money judgment was entered in the Office of the Nassau
County Clerk in favor of Associated and against the Defendants for: i) the unpaid trade debt in
the amount of $60,310.30; and ii) the unpaid promissory note debt in the amount of $338,302.92,
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for a total of $398,613.22 (the “Judgment”). A copy of the Judgment is annexed hereto as
Exhibit 2.
8. The Judgment was docketed in the office of the Rockland County Clerk on
August 6, 2021.
B. Judgment Enforcement Efforts
9. On September 9, 2021, through the Rockland County Sheriff's Office, Associated
docketed two property executions against Country Farm (the “Property Executions”).
10. On or about September 15, 2021, Rockland County Deputy Sheriff Phillip Ursillo
attempted to levy on the Property Executions at the Store.
11. According to Jimmy Choi, who identified himself as the Store manager, the Store
was no longer owned by Country Farm, but owned by an entity called “Rockland Garden Mart
LLC.”
12. According to the New York Liquor Authority Mapping Project (LAMP) database
the liquor license for the Store is still in the name of Country Farm.
C. The Post Judgment Subpoena
13. To discover information relevant to the enforcement of the Judgment, including
the transfer of the assets of Country Farm to Rockland Garden Mart LLC, Associated, as
judgment creditor, prepared two subpoenas duces tecum and ad testificandum for service upon
Lee and Chang, as judgment debtors and officers of judgment debtor Country Farm, (collectively
the “Subpoenas”). Copies of the Subpoenas are annexed hereto as Exhibit 3.
14. Service of the subpoena to Chang was made on January 17, 2022 pursuant to
CPLR § 308(2) by delivering a copy to “Jane Doe,” who refused to provide her name but
identified herself as a family member authorized to accept service for Chang, at Chang’s usual
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place of abode at 266 Birchwood Park Drive, Jericho, New York. Service was completed on
January 18, 2022 with the mailing of a copy of the subpoena, in an envelope bearing the words
“Personal and Confidential” and addressed to Chang at 266 Birchwood Park Drive, Jericho, New
York 11753. A copy of the affidavit of service of Michael R. Delcore, sworn to on the 18th day
of January, 2022 is annexed hereto as Exhibit 4.
15. Service of the subpoena to Lee was made on January 17, 2022 pursuant to CPLR
§ 308(2) by delivering a copy to “Jane Doe,” who refused to provide her name but identified
herself as a family member authorized to accept service for Lee, at Lee’s usual place of abode at
266 Birchwood Park Drive, Jericho, New York 1. Service was completed on January 18, 2022
with the mailing of a copy of the subpoena, in an envelope bearing the words “Personal and
Confidential” and addressed to Lee at 266 Birchwood Park Drive, Jericho, New York 11753. A
copy of the affidavit of service of Michael R. Delcore, sworn to on the 18th day of January, 2022
is annexed hereto as Exhibit 5.
16. At no time prior to the noticed deposition date of February 10, 2022 2 did Lee,
Chang, or any attorney representing either defendant, respond to the Subpoena or make any
attempt to contact HKP to adjourn the post-judgment deposition.
17. At approximately 10:20 A.M. on February 10, 2022, twenty minutes after the
noticed start time of his deposition, Chang had not appeared, nor had Chang, or any
representative, contacted HKP concerning the deposition. A statement of Chang’s default was
made on the record, a copy of which is annexed hereto as Exhibit 6.
1 On July 29, 2020, Lee was personally served at 266 Birchwood Park Drive, Jericho, New York
under CPLR §308(1)by delivering to Ms. Lee the summons and complaint in this action. A copy
of the affidavit of service of Michael R. Delcore was filed on the Court’s docket as NYSCEF
Doc. 7 on July 30, 2020.
2 Under CPLR §5224, a subpoena for a post judgment deposition may proceed upon not less
than 10 days’ notice.
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18. At approximately 2:20 P.M. on February 10, 2022, twenty minutes after the
noticed start time of her deposition, Lee had not appeared, nor had Lee, or any representative,
contacted HKP concerning the deposition. A statement of Lee’s default was made on the record,
a copy of which is annexed hereto as Exhibit 7.
19. To date, neither Lee or Chang have contacted HKP regarding the Subpoena,
provided any of the requested documentation, or requested a new deposition dates be scheduled.
MOTION TO HOLD DEFENDANTS IN CONTEMPT
20. Based upon the foregoing, Defendants should be held in contempt of Court,
pursuant to CPLR §2308 which specifically states that the "refusal or willful neglect of any
person to obey a subpoena ... issued ... pursuant to this title ... shall ... be punishable as contempt
of Court." It is well settled that CPLR §2308 is applicable to actions seeking to compel
compliance with post judgment subpoenas. Matter of Bobby D. Assoc. v. Park 97 A.D.3d 815,
949 N.Y.S.2d 134 (2d Dept. 2012); Citibank, N.A. v. Angst, Inc. 61 A.D.3d 484, 878 N.Y.S.2d
671 (1 Dept. 2009).
21. CPLR §5251 provides that willful neglect or refusal to comply with a subpoena
issued in connection with the enforcement of a judgment, as is the case here, is also punishable
as contempt of court. See, Law Offices of Peter D. Hoffman, P.C. v. Cullen 150 A.D.3d 975, 55
N.Y.S.3d 315 (2d Dept. 2017); Torah v. Kesher Intern. Trading Corp. 246 A.D.2d 538, 667
N.Y.S2d 759 (2d Dept. 1998) (Mere act of disobedience is sufficient to sustain finding of civil
contempt where record reveals that such disobedience was calculated to or actually did defeat,
impair, impede, or prejudice plaintiff's rights); Selevan v. Selevan 2022 WL 355342 (Sup. Court,
New York County, 2022).
22. In the instant matter, the conduct of Defendants was calculated to, and actually
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did defeat, impair, impede and prejudice the rights and remedies of Associated, in that
Associated has been unable to obtain an examination of Defendants on matters relevant to the
enforcement of the Judgment, including the identity and the location of the assets of judgment
debtors, Lee, Chang and Country Farm.
23. This is even more so since, upon information and belief, the assets of Country
Farm were fraudulently conveyed to another entity, Rockland Garden Mart LLC, during the
pendency of this action to an effort to frustrate Associate’s collection efforts and to render
Country Farm judgment proof.
24. Finally, under Judiciary Law §753(5), the Court has the authority to punish, by
fine and imprisonment, a person subpoenaed as a witness for refusing or neglecting to obey the
subpoena. This provision applies to post judgment subpoenas, as well as trial subpoenas. See
Jack Mailman & Leonard Flug DDS, PC v. Belvecchio 195 Misc.2d 275, 757 N.Y.S.2d 216 (2d
Dept. 2002)(Refusal or neglect to obey an information subpoena is punishable as a contempt of
court under Judiciary Law 753); Commissioner of Labor v. Hinman 103 A.D.2d 866, 478
N.Y.S.2d 116 (3d Dept. 1984) (Employer's failure to comply with duly issued subpoena to take
her deposition in proceedings to enforce judgment assessing civil penalty for violation of Labor
Law which judgment survived constitutional attack, constituted contempt of court.); Majurinen
v. Cici-Tash, Inc. 2016 WL 192738 (Sup. Ct., New York County 2016).
25. Judiciary Law §773 provides for the imposition of fines and the award of counsel
fees when such fees are the result of a party’s contemptuous conduct. Bell v. White 144 A.D.3d
1235, 41 N.Y.S.3d 307 (3d Dept. 2016) (Counsel fees that are documented and directly related to
contemptuous conduct are generally recoverable unless proven excessive or reduced in a court's
reasoned decision.); See also Gonnard v. Guido 141 A.D.3d 649, 37 N.Y.S.3d 274 (2d Dept.
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2016); Guy v. Weichel 173 A.D.3d 1027, 100 N.Y.S.3d 884 (Mem) (2d Dept. 2019).
26. Due to the willful and negligent noncompliance of Lee and Chang, Associated
respectfully requests that this Court grant the plaintiff’s application pursuant to CPLR §2308 and
§5251 and Judiciary Law §753(5) in its entirety.
16. No previous application for the same or similar relief has been made in this court
or any other court.
WHEREFORE, it is requested this Court grant plaintiff’s motion for an order pursuant
to CPLR §2308 and §5251 and Judiciary Law §753(5): (a) finding defendants, Tae Hong Lee
and Jae Hyuk Chang in civil contempt of Court for willfully and deliberately refusing to obey
certain subpoenas duces tecum and ad testificandum each dated January 6, 2022 seeking
Defendants’ post-judgment depositions on February 10, 2022 and for requested documents; (b)
compelling Defendants, Tae Hong Lee and Jae Hyuk Chang, to appear for a post-judgment
deposition at the offices of HKP to order to purge their contempt; (c) awarding Associated actual
damages pursuant to Judiciary Law §773, including attorneys’ fees and costs in the amount of
$2,283.98; and (d) for such other relief as the Court deems just and proper under the prevailing
circumstances.
Dated: Lake Success, New York
February 24, 2022
s/ Allen Perlstein
ALLEN PERLSTEIN
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ATTORNEY CERTIFICATION
I, ALLEN PERLSTEIN, pursuant to Section 202.8-b of the New York State Uniform
Civil Rules for the Supreme Court and County Court, that the foregoing was prepared in a
computer using Microsoft Word.
Word Count. The total number of words in this annexed document, inclusive of point
headings and footnotes and exclusive of pages containing the table of contents, table of
authorities, proof of service, certificate of compliance, or any authorized addendum containing
statutes, rules, regulations, etc. is 1,976.
Dated: February 24, 2022
Allen Perlstein
ALLEN PERLSTEIN
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FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------X ASSOCIATED SUPERMARKET GROUP LLC and Index No: 607452/2020 AFS CAPITAL LLC, AFFIRMATION IN Plaintiffs, SUPPORT OF MOTION -against- FOR CONTEMPT COUNTRY FARM MARKET INC. d/b/a ROCKLAND GREAT FARM, TAE HONG LEE, JAE HYUK CHANG, and YOUNG CHUNG CHUN a/k/a STEVEN Y. CHUNG, Defendants. -----------------------------------------------------------------------X ALLEN PERLSTEIN, an attorney duly admitted to practice law before the Courts of this State, affirms the following under penalties of perjury: 1. I am a member of the firm Harfenist Kraut & Perlstein, LLP (“HKP”), attorneys for plaintiffs, Associated Supermarket Group LLC (“ASG”) and AFS Capital LLC (“AFS”) (ASG and AFS are collectively “Associated”), and am fully familiar with all of the facts and circumstances set forth herein based upon my personal knowledge and a review of the file maintained by my office. 2. I submit this affirmation in support of Associated’s motion pursuant to Judiciary Law §756 for an order pursuant to CPLR §2308 and §5251 and Judiciary Law §753(5): (a) finding defendants, Tae Hong Lee (“Lee”) and Jae Hyuk Chang (“Chang”) (Lee and Chang are collectively “Defendants”), in civil contempt of Court for willfully and deliberately refusing to obey certain subpoenas duces tecum and ad testificandum each dated January 6, 2022 seeking Defendants’ post-judgment depositions on February 10, 2022 and for requested documents; (b) directing Defendants to appear for a post-judgment deposition at the offices of HKP to order to purge their contempt; (c) awarding Associated actual damages pursuant to Judiciary Law §773, 1 D390338/FL3155 1 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 including attorneys’ fees and costs in the amount of $2,283.98; and (d) for such other relief as the Court deems just and proper under the prevailing circumstances. STATEMENT OF RELEVANT PROCEDURAL BACKGROUND 3. Associated provides retail solutions, including distribution, marketing, merchandising, promotional services and financing, to independently owned and operated grocery stores. 4. Lee and Chang, through County Farm Market Inc. (“County Farm”), operated a grocery store located at 406 Nanuet Mall South, Nanuet, New York (the “Store”) which was supplied inventory through financing agreements with Associated. 5. According to the documents provided to Associated at the closing of the loan to County Farm, Lee is the President and Secretary of County Farm and Chang is an Officer. (See Resolution annexed hereto as Exhibit 1) A. The Judgment 6. Associated commenced this action on July 22, 2020 with the filing of summons and complaint seeking damages resulting from Lee and Chang’s default in payment of i) a promissory note dated June 24, 2019 made by Country Farm and ii)invoices for grocery store inventory purchased by Country Farm, on credit, through Associated. Defendants were obligated to payment of Country Farm’s debts pursuant to a written personal guaranty to Associated dated June 21, 2019. 7. On June 22, 2021, a money judgment was entered in the Office of the Nassau County Clerk in favor of Associated and against the Defendants for: i) the unpaid trade debt in the amount of $60,310.30; and ii) the unpaid promissory note debt in the amount of $338,302.92, 2 D390338/FL3155 2 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 for a total of $398,613.22 (the “Judgment”). A copy of the Judgment is annexed hereto as Exhibit 2. 8. The Judgment was docketed in the office of the Rockland County Clerk on August 6, 2021. B. Judgment Enforcement Efforts 9. On September 9, 2021, through the Rockland County Sheriff's Office, Associated docketed two property executions against Country Farm (the “Property Executions”). 10. On or about September 15, 2021, Rockland County Deputy Sheriff Phillip Ursillo attempted to levy on the Property Executions at the Store. 11. According to Jimmy Choi, who identified himself as the Store manager, the Store was no longer owned by Country Farm, but owned by an entity called “Rockland Garden Mart LLC.” 12. According to the New York Liquor Authority Mapping Project (LAMP) database the liquor license for the Store is still in the name of Country Farm. C. The Post Judgment Subpoena 13. To discover information relevant to the enforcement of the Judgment, including the transfer of the assets of Country Farm to Rockland Garden Mart LLC, Associated, as judgment creditor, prepared two subpoenas duces tecum and ad testificandum for service upon Lee and Chang, as judgment debtors and officers of judgment debtor Country Farm, (collectively the “Subpoenas”). Copies of the Subpoenas are annexed hereto as Exhibit 3. 14. Service of the subpoena to Chang was made on January 17, 2022 pursuant to CPLR § 308(2) by delivering a copy to “Jane Doe,” who refused to provide her name but identified herself as a family member authorized to accept service for Chang, at Chang’s usual 3 D390338/FL3155 3 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 place of abode at 266 Birchwood Park Drive, Jericho, New York. Service was completed on January 18, 2022 with the mailing of a copy of the subpoena, in an envelope bearing the words “Personal and Confidential” and addressed to Chang at 266 Birchwood Park Drive, Jericho, New York 11753. A copy of the affidavit of service of Michael R. Delcore, sworn to on the 18th day of January, 2022 is annexed hereto as Exhibit 4. 15. Service of the subpoena to Lee was made on January 17, 2022 pursuant to CPLR § 308(2) by delivering a copy to “Jane Doe,” who refused to provide her name but identified herself as a family member authorized to accept service for Lee, at Lee’s usual place of abode at 266 Birchwood Park Drive, Jericho, New York 1. Service was completed on January 18, 2022 with the mailing of a copy of the subpoena, in an envelope bearing the words “Personal and Confidential” and addressed to Lee at 266 Birchwood Park Drive, Jericho, New York 11753. A copy of the affidavit of service of Michael R. Delcore, sworn to on the 18th day of January, 2022 is annexed hereto as Exhibit 5. 16. At no time prior to the noticed deposition date of February 10, 2022 2 did Lee, Chang, or any attorney representing either defendant, respond to the Subpoena or make any attempt to contact HKP to adjourn the post-judgment deposition. 17. At approximately 10:20 A.M. on February 10, 2022, twenty minutes after the noticed start time of his deposition, Chang had not appeared, nor had Chang, or any representative, contacted HKP concerning the deposition. A statement of Chang’s default was made on the record, a copy of which is annexed hereto as Exhibit 6. 1 On July 29, 2020, Lee was personally served at 266 Birchwood Park Drive, Jericho, New York under CPLR §308(1)by delivering to Ms. Lee the summons and complaint in this action. A copy of the affidavit of service of Michael R. Delcore was filed on the Court’s docket as NYSCEF Doc. 7 on July 30, 2020. 2 Under CPLR §5224, a subpoena for a post judgment deposition may proceed upon not less than 10 days’ notice. 4 D390338/FL3155 4 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 18. At approximately 2:20 P.M. on February 10, 2022, twenty minutes after the noticed start time of her deposition, Lee had not appeared, nor had Lee, or any representative, contacted HKP concerning the deposition. A statement of Lee’s default was made on the record, a copy of which is annexed hereto as Exhibit 7. 19. To date, neither Lee or Chang have contacted HKP regarding the Subpoena, provided any of the requested documentation, or requested a new deposition dates be scheduled. MOTION TO HOLD DEFENDANTS IN CONTEMPT 20. Based upon the foregoing, Defendants should be held in contempt of Court, pursuant to CPLR §2308 which specifically states that the "refusal or willful neglect of any person to obey a subpoena ... issued ... pursuant to this title ... shall ... be punishable as contempt of Court." It is well settled that CPLR §2308 is applicable to actions seeking to compel compliance with post judgment subpoenas. Matter of Bobby D. Assoc. v. Park 97 A.D.3d 815, 949 N.Y.S.2d 134 (2d Dept. 2012); Citibank, N.A. v. Angst, Inc. 61 A.D.3d 484, 878 N.Y.S.2d 671 (1 Dept. 2009). 21. CPLR §5251 provides that willful neglect or refusal to comply with a subpoena issued in connection with the enforcement of a judgment, as is the case here, is also punishable as contempt of court. See, Law Offices of Peter D. Hoffman, P.C. v. Cullen 150 A.D.3d 975, 55 N.Y.S.3d 315 (2d Dept. 2017); Torah v. Kesher Intern. Trading Corp. 246 A.D.2d 538, 667 N.Y.S2d 759 (2d Dept. 1998) (Mere act of disobedience is sufficient to sustain finding of civil contempt where record reveals that such disobedience was calculated to or actually did defeat, impair, impede, or prejudice plaintiff's rights); Selevan v. Selevan 2022 WL 355342 (Sup. Court, New York County, 2022). 22. In the instant matter, the conduct of Defendants was calculated to, and actually 5 D390338/FL3155 5 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 did defeat, impair, impede and prejudice the rights and remedies of Associated, in that Associated has been unable to obtain an examination of Defendants on matters relevant to the enforcement of the Judgment, including the identity and the location of the assets of judgment debtors, Lee, Chang and Country Farm. 23. This is even more so since, upon information and belief, the assets of Country Farm were fraudulently conveyed to another entity, Rockland Garden Mart LLC, during the pendency of this action to an effort to frustrate Associate’s collection efforts and to render Country Farm judgment proof. 24. Finally, under Judiciary Law §753(5), the Court has the authority to punish, by fine and imprisonment, a person subpoenaed as a witness for refusing or neglecting to obey the subpoena. This provision applies to post judgment subpoenas, as well as trial subpoenas. See Jack Mailman & Leonard Flug DDS, PC v. Belvecchio 195 Misc.2d 275, 757 N.Y.S.2d 216 (2d Dept. 2002)(Refusal or neglect to obey an information subpoena is punishable as a contempt of court under Judiciary Law 753); Commissioner of Labor v. Hinman 103 A.D.2d 866, 478 N.Y.S.2d 116 (3d Dept. 1984) (Employer's failure to comply with duly issued subpoena to take her deposition in proceedings to enforce judgment assessing civil penalty for violation of Labor Law which judgment survived constitutional attack, constituted contempt of court.); Majurinen v. Cici-Tash, Inc. 2016 WL 192738 (Sup. Ct., New York County 2016). 25. Judiciary Law §773 provides for the imposition of fines and the award of counsel fees when such fees are the result of a party’s contemptuous conduct. Bell v. White 144 A.D.3d 1235, 41 N.Y.S.3d 307 (3d Dept. 2016) (Counsel fees that are documented and directly related to contemptuous conduct are generally recoverable unless proven excessive or reduced in a court's reasoned decision.); See also Gonnard v. Guido 141 A.D.3d 649, 37 N.Y.S.3d 274 (2d Dept. 6 D390338/FL3155 6 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 2016); Guy v. Weichel 173 A.D.3d 1027, 100 N.Y.S.3d 884 (Mem) (2d Dept. 2019). 26. Due to the willful and negligent noncompliance of Lee and Chang, Associated respectfully requests that this Court grant the plaintiff’s application pursuant to CPLR §2308 and §5251 and Judiciary Law §753(5) in its entirety. 16. No previous application for the same or similar relief has been made in this court or any other court. WHEREFORE, it is requested this Court grant plaintiff’s motion for an order pursuant to CPLR §2308 and §5251 and Judiciary Law §753(5): (a) finding defendants, Tae Hong Lee and Jae Hyuk Chang in civil contempt of Court for willfully and deliberately refusing to obey certain subpoenas duces tecum and ad testificandum each dated January 6, 2022 seeking Defendants’ post-judgment depositions on February 10, 2022 and for requested documents; (b) compelling Defendants, Tae Hong Lee and Jae Hyuk Chang, to appear for a post-judgment deposition at the offices of HKP to order to purge their contempt; (c) awarding Associated actual damages pursuant to Judiciary Law §773, including attorneys’ fees and costs in the amount of $2,283.98; and (d) for such other relief as the Court deems just and proper under the prevailing circumstances. Dated: Lake Success, New York February 24, 2022 s/ Allen Perlstein ALLEN PERLSTEIN 7 D390338/FL3155 7 of 8 FILED: NASSAU COUNTY CLERK 02/28/2022 10:07 AM INDEX NO. 607452/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/28/2022 ATTORNEY CERTIFICATION I, ALLEN PERLSTEIN, pursuant to Section 202.8-b of the New York State Uniform Civil Rules for the Supreme Court and County Court, that the foregoing was prepared in a computer using Microsoft Word. Word Count. The total number of words in this annexed document, inclusive of point headings and footnotes and exclusive of pages containing the table of contents, table of authorities, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc. is 1,976. Dated: February 24, 2022 Allen Perlstein ALLEN PERLSTEIN 8 D390338/FL3155 8 of 8