Preview
FILED: KINGS COUNTY CLERK 01/12/2023 12:34 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/12/2023
EXHIBIT K
FILED: KINGS COUNTY CLERK 01/12/2023
11/04/2022 12:34
05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 37
18 RECEIVED NYSCEF: 01/12/2023
11/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NIMKOFF ROSENFELD & SCHECHTER, LLP,
AFFIDAVIT IN
Plaintiff, SUPPORT OF EX
- against - PARTE APPLICATION
FOR ATTACHMENT
LEVI HEBER, INTERNATIONAL BRIS PURSUANT TO
ASSOCIATION, INC., and BANK OF AMERICA, N.A., CPLR 6211
Defendants. Index No. 532327/2022
------------------------------------------------------------------------X
STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
RONALD A. NIMKOFF, being duly sworn, deposes and says:
1. I am a partner of the plaintiff, Nimkoff Rosenfeld & Schechter, LLP
(“Plaintiff” or “NRS”). I submit this affidavit, based on personal knowledge and a
review of documents in NRS’ possession, in support of NRS’ emergency application
pursuant to CPLR 6201, 6211 6301, and 6313, for an Order: (i) attaching the proceeds
of a bank account ending in number 0723 in the name of defendant International Bris
Association, Inc. at Bank of America, N.A.; (ii) enjoining, restraining and prohibiting
defendants from making any payments or transferring any assets from or off of that
bank account; and (iii) for such other and further relief as the Court deems just and
proper.
2. I have reviewed the accompanying affidavit of Adam L. Browser, Esq.
sworn to on November 4, 2022 (“Browser Aff.”), which sets forth the legal basis why
this Court should grant Plaintiff’s motion. I agree with the statements made therein,
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and incorporate them as my own.
3. Furthermore, Plaintiff is unaware of any counterclaims that defendants
Levi Heber (the “Judgment Debtor”) or International Bris Association, Inc. (“IBA”)
may assert, or could possibly assert, and in fact, Plaintiff firmly believes that none
exist.
4. In 2005, the Judgment Debtor and Jewelry 2000, Inc. (the “Judgment
Debtors”) retained Plaintiff to provide legal services, which it provided.
5. In 2006, Plaintiff commenced an action against the Judgment Debtors
in the Supreme Court of New York, County of New York, under Index No. 601982-
2006 to recover payment for its legal fees. Plaintiff was successful and the Court
issued two money judgments in Plaintiff’s favor and against the Judgment Debtors,
jointly and severally.
6. More specifically, the first judgment entered June 12, 2007 was for the
value of unpaid legal services Plaintiff provided. That judgment, based on a decision
and order dated April 5, 2007, was in the amount of $78,283.09 (the “2007
Judgment”).
7. The second judgment, which was entered on October 31, 2008 is in the
amount of $5,572.62 (the “2008 Judgment”). That second judgment was based on
Plaintiff’s application to hold the Judgment Debtors in contempt for their failure to
comply with enforcement subpoenas relating to the 2007 Judgment. The 2008
Judgment and the 2007 Judgment are referred to, collectively, as the “Judgments.”
8. Plaintiff has attempted to enforce the Judgments periodically, with
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practically no success. Neither of the Judgments have been satisfied and they remain
unpaid.
9. In April 2021, Plaintiff commenced an action in the Supreme Court
Kings County, Nimkoff Rosenfeld & Schechter, LLP v. Levi Heber and Jewelry 2000,
Inc., Index No. 509372/2021, by Notice of Motion for Summary Judgment in Lieu of
Complaint, to renew the liens of the Judgments.
10. By Order dated August 5, 2021, Honorable Loren Baily-Shiffman
granted Plaintiff’s motion, and ordered the Clerk of the Court to renew and docket
the Judgments.
11. Plaintiff’s representation of the Judgment Debtor ended in 2005. Aside
from attempts to enforce the Judgments, Plaintiff has not had any dealings with the
Judgment Debtor in more than seventeen years.
12. Therefore, I am unaware of any counterclaims that the Judgment
Debtor could possibly assert against Plaintiff and firmly believe that none exist.
13. Similarly, I am unaware of any counterclaims that IBA could possibly
assert against Plaintiff. Plaintiff never represented IBA and had no interactions with
IBA until it served IBA with one or more subpoenas in an effort to enforce the
Judgments. In fact, prior to Plaintiff’s efforts to enforce the Judgments, I was not
even aware of IBA’s existence.
14. Therefore, I am unaware of any counterclaims that IBA could possibly
assert against Plaintiff and firmly believe that none exist.
15. For these reasons, and those set forth in the accompanying Browser Aff.,
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the Court should grant Plaintiffs application in its entirety, (i) attach the proceeds of
the bank account ending in number 0723 in the name of defendant International Bris
Association, Inc. at Bank of America, N.A.; (ii) enjoin, restrain and prohibit
defendants from making any payments or transferring any assets from or off of that
bank account; and (iii) award Plaintiff such other and further relief as the Court
deems just and proper.
Ronald A. Nimko
Sworn to before me this
4th day of November 2022 HEgEN P ELÿN SHERMAN
No. 02SH5017558
Oustified in Nassau
Commission Explies NovemberCounty
16, 20
Notary Public
986068
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Preview
FILED: KINGS COUNTY CLERK 01/12/2023 12:34 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/12/2023 EXHIBIT K FILED: KINGS COUNTY CLERK 01/12/2023 11/04/2022 12:34 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 37 18 RECEIVED NYSCEF: 01/12/2023 11/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X NIMKOFF ROSENFELD & SCHECHTER, LLP, AFFIDAVIT IN Plaintiff, SUPPORT OF EX - against - PARTE APPLICATION FOR ATTACHMENT LEVI HEBER, INTERNATIONAL BRIS PURSUANT TO ASSOCIATION, INC., and BANK OF AMERICA, N.A., CPLR 6211 Defendants. Index No. 532327/2022 ------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) RONALD A. NIMKOFF, being duly sworn, deposes and says: 1. I am a partner of the plaintiff, Nimkoff Rosenfeld & Schechter, LLP (“Plaintiff” or “NRS”). I submit this affidavit, based on personal knowledge and a review of documents in NRS’ possession, in support of NRS’ emergency application pursuant to CPLR 6201, 6211 6301, and 6313, for an Order: (i) attaching the proceeds of a bank account ending in number 0723 in the name of defendant International Bris Association, Inc. at Bank of America, N.A.; (ii) enjoining, restraining and prohibiting defendants from making any payments or transferring any assets from or off of that bank account; and (iii) for such other and further relief as the Court deems just and proper. 2. I have reviewed the accompanying affidavit of Adam L. Browser, Esq. sworn to on November 4, 2022 (“Browser Aff.”), which sets forth the legal basis why this Court should grant Plaintiff’s motion. I agree with the statements made therein, 1 1 of 4 FILED: KINGS COUNTY CLERK 01/12/2023 11/04/2022 12:34 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 37 18 RECEIVED NYSCEF: 01/12/2023 11/04/2022 and incorporate them as my own. 3. Furthermore, Plaintiff is unaware of any counterclaims that defendants Levi Heber (the “Judgment Debtor”) or International Bris Association, Inc. (“IBA”) may assert, or could possibly assert, and in fact, Plaintiff firmly believes that none exist. 4. In 2005, the Judgment Debtor and Jewelry 2000, Inc. (the “Judgment Debtors”) retained Plaintiff to provide legal services, which it provided. 5. In 2006, Plaintiff commenced an action against the Judgment Debtors in the Supreme Court of New York, County of New York, under Index No. 601982- 2006 to recover payment for its legal fees. Plaintiff was successful and the Court issued two money judgments in Plaintiff’s favor and against the Judgment Debtors, jointly and severally. 6. More specifically, the first judgment entered June 12, 2007 was for the value of unpaid legal services Plaintiff provided. That judgment, based on a decision and order dated April 5, 2007, was in the amount of $78,283.09 (the “2007 Judgment”). 7. The second judgment, which was entered on October 31, 2008 is in the amount of $5,572.62 (the “2008 Judgment”). That second judgment was based on Plaintiff’s application to hold the Judgment Debtors in contempt for their failure to comply with enforcement subpoenas relating to the 2007 Judgment. The 2008 Judgment and the 2007 Judgment are referred to, collectively, as the “Judgments.” 8. Plaintiff has attempted to enforce the Judgments periodically, with 2 2 of 4 FILED: KINGS COUNTY CLERK 01/12/2023 11/04/2022 12:34 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 37 18 RECEIVED NYSCEF: 01/12/2023 11/04/2022 practically no success. Neither of the Judgments have been satisfied and they remain unpaid. 9. In April 2021, Plaintiff commenced an action in the Supreme Court Kings County, Nimkoff Rosenfeld & Schechter, LLP v. Levi Heber and Jewelry 2000, Inc., Index No. 509372/2021, by Notice of Motion for Summary Judgment in Lieu of Complaint, to renew the liens of the Judgments. 10. By Order dated August 5, 2021, Honorable Loren Baily-Shiffman granted Plaintiff’s motion, and ordered the Clerk of the Court to renew and docket the Judgments. 11. Plaintiff’s representation of the Judgment Debtor ended in 2005. Aside from attempts to enforce the Judgments, Plaintiff has not had any dealings with the Judgment Debtor in more than seventeen years. 12. Therefore, I am unaware of any counterclaims that the Judgment Debtor could possibly assert against Plaintiff and firmly believe that none exist. 13. Similarly, I am unaware of any counterclaims that IBA could possibly assert against Plaintiff. Plaintiff never represented IBA and had no interactions with IBA until it served IBA with one or more subpoenas in an effort to enforce the Judgments. In fact, prior to Plaintiff’s efforts to enforce the Judgments, I was not even aware of IBA’s existence. 14. Therefore, I am unaware of any counterclaims that IBA could possibly assert against Plaintiff and firmly believe that none exist. 15. For these reasons, and those set forth in the accompanying Browser Aff., 3 3 of 4 FILED: KINGS COUNTY CLERK 01/12/2023 11/04/2022 12:34 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 37 18 RECEIVED NYSCEF: 01/12/2023 11/04/2022 the Court should grant Plaintiffs application in its entirety, (i) attach the proceeds of the bank account ending in number 0723 in the name of defendant International Bris Association, Inc. at Bank of America, N.A.; (ii) enjoin, restrain and prohibit defendants from making any payments or transferring any assets from or off of that bank account; and (iii) award Plaintiff such other and further relief as the Court deems just and proper. Ronald A. Nimko Sworn to before me this 4th day of November 2022 HEgEN P ELÿN SHERMAN No. 02SH5017558 Oustified in Nassau Commission Explies NovemberCounty 16, 20 Notary Public 986068 4 4 of 4