Preview
FILED: KINGS COUNTY CLERK 01/12/2023 12:34 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/12/2023
EXHIBIT L
FILED: KINGS COUNTY CLERK 01/12/2023
10/28/2022 12:34
04:22 PM INDEX NO. 532327/2022
509372/2021
NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
10/28/2022
At an I.A.S. Part 96 of the Supreme
Court of the State of New York, held
in and for the County of Kings, at 360
Adams Street, Brooklyn, New York
11201 on the 26thday ofOctober,2022
PRESENT: Hon. Robin K. Sheares, AJSC
x
NIMKOFF ROSENFELD & SCHECHTER, LLP,
Plaintiff, DECISIO N/ORDER
-against-
Index No. 50937212021
LEVI HEBER and JEWELRY 2000, INC.,
Defendants
x
WHEREAS, plaintiff commenced this action to renew two money judgments
rendered in its favor and against the defendants, which judgments were originally
docketed in the Kings County Clerk's Office on March 4, 2009 (collectively, the
' Judgments');
WHEREAS, plaintiff moved for summary judgment, and by Order and
Judgment dated August 5, 2021, plaintiffs motion was granted and its judgments
renewed;
WHEBEAS, as part of enforcement proceedings, plaintiff served the non-party
International Bris Association, Inc. with a Restraining Notice and Information
Subpoena dated May 4,2O21;
WHEREAS, International Bris Association failed to respond to, or comply
with, that Restraining Notice and Information Subpoena;
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NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
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WHEREAS, as part of enforcement proceedings, plaintilf served a Subpoena
Ad Testificandum dahedSeptember 21,2021on defendant Levi Heber, requiring him
to appear and give testimony on October 26,2021;
WHEREAS, defendant Levi Heber failed to comply with that Subpoena and
failed to appear for that deposition, but subsequently appeared on August 11,2022
and produced certain documents;
WHEREAS, on December 17 , 2021, plaintiff moved, by Order to Show Cause,
pursuant to CPLR 2308, 522a(a)(3)(iv) and 5251 and pursuant to Judiciary Law $$753
and 756, to hold defendant Levi Heber and the non-party International Bris
Association, Inc. in contempt and to compel them to comply with the post'judgment
subpoenas served upon them;
WHEREAS, by Decision and Order dated July 7, 2022, this Court ordered
defendant Levi Heber and non-party International Bris Association to comply with
the subpoenas served upon them, and further ordered defendant Levi Heber to
produce aII documents regarding his income, assets and expenses, including signed,
filed copies of his tax returns, and to appear for a deposition;
WHEREAS, the Court held a hearing on October 26, 2022, to determine
whether defendant Levi Heber complied with the Court's Decision and Order dated
July 7,2022;
NOW, based on the hearing held on October 26, 2022, the exhibits presented
thereat, and the appearances of: (a) Adam L. Browser, Esq. and Briana Enck, Esq. on
behalf of plaintiff: 6) Igor Meystelman, Esq. on behalf of the defendant Levi Heber;
2
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NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
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and (c) David Epstein, Esq. on behalfofthe non-party International Bris Association,
Inc., and upon all the papers and proceedings heretofore had herein, and after due
deliberation having been held thereon,
NOW, upon motion of Ruskin Moscou Faltischek, P.C., attorneys for plaintiff
Nimkoff Rosenfeld & Schecter LLP, it is
ORDEBED that non-party International Bris Association, Inc. is released
from this case without prejudice to any rights that plainti-ff may have as against
International Bris Association, Inc., whether in law or in equity; and it is further
ORDERED that: (a) defendant Levi Heber has failed to substantially comply
with this Court's Order dated July 7, 2022; (b) defendant Levi Heber's failure to
comply with the Order dated July 7,2022 was willfully disobedient and intentional;
(c) plaintiff has been prejudiced by defendant Levi Heber's conduct; and (d) defendant
Levi Heber is in contempt; and it is further
ORDERED that, in lieu of a monetary penalty or other penalty or punishment
for his contempt and unless and until the Judgments are fuIly satisfied, defendant
Levi Heber must continuously keep his bank account at Bank of America bearing the
account number ending in 8559 open and must ensure that deposits are made into
that account on a monthly basis (i.e., each and every month) in an aggregate amount
ofnot less than $2,300 and that no withdrawals be made from that bank account; and
it is further
ORDERED that in the event defendant Levi Heber fails to comply with this
Order, plaintiff shall have leave to apply to this Court for any and all further relief
3
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NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
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that the law and equity permits, including but not Iimited to imposition of a
frnancial sanction and judgment against defendant Levi Heber.
This constitutes the Decision/Order of the Court.
Dated: Brooklyn, New York
October 26,2022
ENTERED:
Hon. Robin K. eares, AJSC
4
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NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
10/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COLTNTY OF KINGS
x
SULTANBEK YULDASHEV,
Plaintifl Index No.: 51967312018
-against- DECISION/ORDER
Motion Sequence No. 05
HFZ 11 BEACH STREET LLC and JOY CONSTRUCTION
CORPORATION,
Defendants.
x
HFZ l1 BEACH STREET LLC and JOY CONSTRUCTION
CORPORATION,
Third-Party Plaintiffs,
-against-
PzuME NY CITY GROUP CORP.,
Third-Party Defendants.
X
Recitation, as requircd by CPLR $2219(a), ofth€ papers considered in the review ofthis Motion:
PAoers NYS( EF Documenl No:
Seouence #05
Ordcr to Show Crusc/Notic. of Motion
rnd Amdrvits/Afnrmrtions Annered l4t - t.l9
Exhibits t50 - r5l
Opposition 153 - 154
l:xhibit3 155
A motion having been made by Hannum Feretic Prendergast & Merlino, LLC on behalfof
Defendants HFZ 11 BEACH STREET LLC and JOY CONSTRUCTION CORPORATION, for
leave to file a late Notice of Appeal of the Order dated July 28,2022, (Motion Sequence No. 5),
upon moving papers INYSCEF DOC. NOS. 148-152], opposition papers INYSCEF DOC. NOS.
153-156], and having duly come on to be heard or October 27,2022;
IT IS HEREBY ORDERED: that after oral argumenls, the Defendants' Motion is hereby
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FILED: KINGS COUNTY CLERK 01/12/2023
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NYSCEF DOC. NO. 38
105 RECEIVED NYSCEF: 01/12/2023
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DENIED in its entirety.
This constitutes the Decision/Order of the Court.
Dated: October 27 ,2022
ENTER
Hon. Robin ares
6 of 6
Preview
FILED: KINGS COUNTY CLERK 01/12/2023 12:34 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/12/2023 EXHIBIT L FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 At an I.A.S. Part 96 of the Supreme Court of the State of New York, held in and for the County of Kings, at 360 Adams Street, Brooklyn, New York 11201 on the 26thday ofOctober,2022 PRESENT: Hon. Robin K. Sheares, AJSC x NIMKOFF ROSENFELD & SCHECHTER, LLP, Plaintiff, DECISIO N/ORDER -against- Index No. 50937212021 LEVI HEBER and JEWELRY 2000, INC., Defendants x WHEREAS, plaintiff commenced this action to renew two money judgments rendered in its favor and against the defendants, which judgments were originally docketed in the Kings County Clerk's Office on March 4, 2009 (collectively, the ' Judgments'); WHEREAS, plaintiff moved for summary judgment, and by Order and Judgment dated August 5, 2021, plaintiffs motion was granted and its judgments renewed; WHEBEAS, as part of enforcement proceedings, plaintiff served the non-party International Bris Association, Inc. with a Restraining Notice and Information Subpoena dated May 4,2O21; WHEREAS, International Bris Association failed to respond to, or comply with, that Restraining Notice and Information Subpoena; 1 of 6 FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 WHEREAS, as part of enforcement proceedings, plaintilf served a Subpoena Ad Testificandum dahedSeptember 21,2021on defendant Levi Heber, requiring him to appear and give testimony on October 26,2021; WHEREAS, defendant Levi Heber failed to comply with that Subpoena and failed to appear for that deposition, but subsequently appeared on August 11,2022 and produced certain documents; WHEREAS, on December 17 , 2021, plaintiff moved, by Order to Show Cause, pursuant to CPLR 2308, 522a(a)(3)(iv) and 5251 and pursuant to Judiciary Law $$753 and 756, to hold defendant Levi Heber and the non-party International Bris Association, Inc. in contempt and to compel them to comply with the post'judgment subpoenas served upon them; WHEREAS, by Decision and Order dated July 7, 2022, this Court ordered defendant Levi Heber and non-party International Bris Association to comply with the subpoenas served upon them, and further ordered defendant Levi Heber to produce aII documents regarding his income, assets and expenses, including signed, filed copies of his tax returns, and to appear for a deposition; WHEREAS, the Court held a hearing on October 26, 2022, to determine whether defendant Levi Heber complied with the Court's Decision and Order dated July 7,2022; NOW, based on the hearing held on October 26, 2022, the exhibits presented thereat, and the appearances of: (a) Adam L. Browser, Esq. and Briana Enck, Esq. on behalf of plaintiff: 6) Igor Meystelman, Esq. on behalf of the defendant Levi Heber; 2 2 of 6 FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 and (c) David Epstein, Esq. on behalfofthe non-party International Bris Association, Inc., and upon all the papers and proceedings heretofore had herein, and after due deliberation having been held thereon, NOW, upon motion of Ruskin Moscou Faltischek, P.C., attorneys for plaintiff Nimkoff Rosenfeld & Schecter LLP, it is ORDEBED that non-party International Bris Association, Inc. is released from this case without prejudice to any rights that plainti-ff may have as against International Bris Association, Inc., whether in law or in equity; and it is further ORDERED that: (a) defendant Levi Heber has failed to substantially comply with this Court's Order dated July 7, 2022; (b) defendant Levi Heber's failure to comply with the Order dated July 7,2022 was willfully disobedient and intentional; (c) plaintiff has been prejudiced by defendant Levi Heber's conduct; and (d) defendant Levi Heber is in contempt; and it is further ORDERED that, in lieu of a monetary penalty or other penalty or punishment for his contempt and unless and until the Judgments are fuIly satisfied, defendant Levi Heber must continuously keep his bank account at Bank of America bearing the account number ending in 8559 open and must ensure that deposits are made into that account on a monthly basis (i.e., each and every month) in an aggregate amount ofnot less than $2,300 and that no withdrawals be made from that bank account; and it is further ORDERED that in the event defendant Levi Heber fails to comply with this Order, plaintiff shall have leave to apply to this Court for any and all further relief 3 3 of 6 FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 that the law and equity permits, including but not Iimited to imposition of a frnancial sanction and judgment against defendant Levi Heber. This constitutes the Decision/Order of the Court. Dated: Brooklyn, New York October 26,2022 ENTERED: Hon. Robin K. eares, AJSC 4 4 of 6 FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COLTNTY OF KINGS x SULTANBEK YULDASHEV, Plaintifl Index No.: 51967312018 -against- DECISION/ORDER Motion Sequence No. 05 HFZ 11 BEACH STREET LLC and JOY CONSTRUCTION CORPORATION, Defendants. x HFZ l1 BEACH STREET LLC and JOY CONSTRUCTION CORPORATION, Third-Party Plaintiffs, -against- PzuME NY CITY GROUP CORP., Third-Party Defendants. X Recitation, as requircd by CPLR $2219(a), ofth€ papers considered in the review ofthis Motion: PAoers NYS( EF Documenl No: Seouence #05 Ordcr to Show Crusc/Notic. of Motion rnd Amdrvits/Afnrmrtions Annered l4t - t.l9 Exhibits t50 - r5l Opposition 153 - 154 l:xhibit3 155 A motion having been made by Hannum Feretic Prendergast & Merlino, LLC on behalfof Defendants HFZ 11 BEACH STREET LLC and JOY CONSTRUCTION CORPORATION, for leave to file a late Notice of Appeal of the Order dated July 28,2022, (Motion Sequence No. 5), upon moving papers INYSCEF DOC. NOS. 148-152], opposition papers INYSCEF DOC. NOS. 153-156], and having duly come on to be heard or October 27,2022; IT IS HEREBY ORDERED: that after oral argumenls, the Defendants' Motion is hereby 5 of 6 FILED: KINGS COUNTY CLERK 01/12/2023 10/28/2022 12:34 04:22 PM INDEX NO. 532327/2022 509372/2021 NYSCEF DOC. NO. 38 105 RECEIVED NYSCEF: 01/12/2023 10/28/2022 DENIED in its entirety. This constitutes the Decision/Order of the Court. Dated: October 27 ,2022 ENTER Hon. Robin ares 6 of 6