Motion-Secondary: Michael Goldenberg, Rachel Goldenberg v. Chana Weisz a/k/a Shaindy Lax, Moshe Lax, Diamond Dynamics, Llc, Madison Avenue Diamonds, Llc d/b/a Ivanka Trump Fine Jewelry

• 
• 
• 

						
                                
Preview
                                At IAS Part 32 of the Supreme Court of the State of
                                                                        New York, held in and for the County of New York,
                                                                        at the  Courthouse     located  at  80  Centre   Street, New
                                                                        York,    New     York    10013,     on   the   ___    day    of
                                                                        ____________2017.



                  PRESENT: HON. ARLENE P. BLUTH
                                            J.S.C.


                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK


                    MICHAEL GOLDENBERG and
                    RACHEL GOLDENBERG,                                                         Index No.: 151093/2017

                                      Petitioners,

                                      v.

                    CHANA WEISZ a/k/a SHAINDY LAX, MOSHE
                    LAX, DIAMOND DYNAMICS, LLC, and                                             [PROPOSED] ORDER
                    MADISON AVENUE DIAMONDS, LLC d/b/a
                    IVANKA TRUMP FINE JEWELRY,

                                      Respondents.



                           NOW,      having   considered    an  application    made    to this  Court   for  an  Order   pursuant    to

                  CPLR     §  5225   for  a  turnover   of  Chana    Weisz    a/k/a   Shaindy    Lax’s   membership      interests   in

                  Diamond      Dynamics,     LLC    and   Madison     Avenue     Diamonds,      LLC    d/b/a  Ivanka    Trump     Fine

                  Jewelry, it is hereby:

                           ORDERED, that the application is granted; and it is further,

                           ORDERED,         that  Chana    Weisz    a/k/a  Shaindy    Lax,   Moshe     Lax,  Diamond      Dynamics,

                  LLC and Madison Avenue Diamonds, LLC d/b/a Ivanka Trump Fine Jewelry, shall within seven
                  days of this Order deliver to New York City Marshal Frank Siracusa, 6913 New Utrecht Avenue,

                  Brooklyn,    New    York   11288,    documents     representing    all of  Chana    Weisz   a/k/a  Shaindy    Lax’s

                  membership      interests  in Diamond     Dynamics,     LLC    and  Madison     Avenue    Diamonds,     LLC    d/b/a

                  Ivanka   Trump     Fine  Jewelry,    in order   for  the  City  Marshal    to  effectuate   a  public   sale  of the

                  membership interests; and it is further,

                           ORDERED,         that  Chana    Weisz    a/k/a  Shaindy    Lax,   Moshe     Lax,  Diamond      Dynamics,

                  LLC and Madison Avenue Diamonds, LLC d/b/a Ivanka Trump Fine Jewelry, shall within seven

                  days of this Order deliver to New York City Marshal Frank Siracusa, 6913 New Utrecht Avenue,

                  Brooklyn, New York 11288, all documents relevant to determining the value of the membership

                  interests in Diamond Dynamics, LLC and Madison Avenue Diamonds, LLC d/b/a Ivanka Trump

                  Fine   Jewelry,   including,    but  not  limited   to, tax  returns,   financial   statements,   inventory    lists,

                  consigned inventory lists, lists of receivables, balance sheets, organizational charts, trademarks,

                  and licensing agreements; and it is further,

                           ORDERED,         that  Chana    Weisz    a/k/a  Shaindy    Lax,   Moshe     Lax,  Diamond      Dynamics,

                  LLC and Madison Avenue Diamonds, LLC d/b/a Ivanka Trump Fine Jewelry, shall execute any

                  document necessary to effect delivery of Chana Weisz a/k/a Shaindy Lax’s membership interests

                  in  Diamond     Dynamics,     LLC    and  Madison     Avenue     Diamonds,     LLC    d/b/a  Ivanka   Trump     Fine

                  Jewelry to the City Marshal for the public sale of the membership interests; and it is further,

                           ORDERED,         that  Chana    Weisz    a/k/a  Shaindy    Lax,   Moshe     Lax,  Diamond      Dynamics,

                  LLC and Madison Avenue Diamonds, LLC d/b/a Ivanka Trump Fine Jewelry’s cross-motion to

                  consolidate this case with an action pending in the Supreme Court of Kings County under Index

                  Number 500642/2017 and/or to stay this action and/or to dismiss this action is denied; and it is

                  further,



                                                                            2
                           ORDERED, that the Clerk is directed to enter judgment for Petitioners.



                  Dated: ______________, 2017
                           New York, New York


                                                                                 ENTER:


                                                                                 _________________________
                                                                                 Hon. Arlene P. Bluth, J.S.C




                                                                            3