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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NUMBER:
Banco Popular North America
Petitioner / Judgment Creditor
-against - VERIFIED PETITION
Amy Trevino a/k/a Amy Jaeger a/k/a Amparo
Trevino a/k/a Amparo Jaeger a/k/a Amy Trevino-Jaeger
Respondent / Judgment Debtor
James Munet,
Raul Munet
Respondents / Transferees
NY Life Insurance,
JPMorgan Chase Bank, N.A.,
and “JOHN DOE and JANE DOE #1-2”, said names being
fictitious, it being the intention of the petitioner to designate
any and all persons, occupants and tenants having a lease
in the units comprising 1045 Virginia Avenue, Bronx,
New York 10472
Respondents / Garnishees
Petitioner, by and through their attorney Manfredi Law Group, PLLC as and for its complaint, against the
Respondents, allege as follows:
1. That at all times, the Petitioner is a New York State chartered bank with offices at 85 Broad Street, New
York, New York.
2. Upon information and belief, the Respondent / Judgment Debtor Amy Trevino a/k/a Amy Jaeger a/k/a
Amparo Trevino a/k/a Amparo Jaeger a/k/a Am Trevino-Jaeger (hereinafter “Trevino”) resides at 1045
Virginia Avenue, Bronx, New York 10472.
3. Upon information and belief, the Respondent James Munet resides at 18 September Circle, East Strousberg,
PA 18301.
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4. Upon information and belief, the Respondent Raul Munet resides at Calle 6-2F-12 Vistas Del Convento,
Fajardo 00738, Puerto Rico.
5. Upon information and belief, the Respondent, JPMorgan Chase Bank, N.A. has offices and operates retail
banking locations throughout New York State, including 230 Park Avenue South, New York, New York.
6. Upon information and belief, the Respondent NY Life Insurance has offices at 51 Madison Avenue, New
York, New York 10010.
7. This lawsuit is commenced in New York County because itis a special proceeding filed to enforce a
Judgment entered in this Court.
BACKGROUND OF FACTS
8. That on October 31st, 2001 a money judgment was entered in the New York County Clerk’s Office against
Trevino in favor of Banco Popular North America for the sum of $40,514.67 (hereinafter “the Judgment”).
Exhibit A.
9. The Judgment derives from Trevino’s default under her obligations as guarantor of a business loan made to
Seers Manhattan Furniture, Inc. Exhibit A.
10. No portion of the Judgment has been paid.
11. Execution of the Judgment has not been stayed by any Court.
12. The Law Office of Peter Seideman was substituted as the attorney of record for the Petitioner. Exhibit B.
13. Manfredi Law Group, PLLC works of counsel to The Law Office of Peter Seideman as attorneys for the
Judgment Creditor / Petitioner. See Seideman Affidavit.
14. The Law Office of Peter Seideman restrained a Chase Savings Account and Safe Deposit Box on or about
August 11th, 2016 to enforce the Judgment.
15. A copy of the Chase response is attached as Exhibit C.
16. The Safe Deposit Box and Chase Savings accounts may hereinafter be referred to as “the Chase Accounts”.
17. In response to the Chase Account restraints, the Trevino made several movements to frustrate the collection
of the Judgment.
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THE REAL PROPERTY CONVEYANCE
18. Trevino transferred her interest in 1045 Virginia Avenue, Bronx, New York 10472, block 3733, lot 58
(hereinafter “the Property”) to the Respondents James Munet and Raul Munet by deed dated December 2nd,
2016 (hereinafter “Real Property Conveyance”).
19. The deed was recorded in the Bronx County Clerk’s Office on December 13th, 2016.
20. The deed and transfer report are attached as Exhibit D.
21. Trevino was the sole owner of 1045 Virginia Avenue, Bronx, New York 10472 prior to the Conveyance.
Exhibit D.
22. The deed and annexed transfer report filed with the Bronx County Clerk confirms that the sale price is
$0.00, that Trevino did not receive remuneration for the Conveyance, and that the transfer occurred between
relatives. Exhibit D.
23. That the grantee James Munet is the son of Trevino.
24. The Real Property Conveyance was made without fair consideration after entry of the Judgment.
25. That the estimated value of the Property is approximately $550,000.00.
THE ANNUITY CONVEYANCE
26. That on or about August 16th, 2016, the Respondent Trevino paid $245,000.00 to purchase an Annuity
contract with NY Life Insurance (“the Annuity Conveyance”). Exhibit E: PAGE 13 “PURCHASE OF
SUBSCRIPTION PRODUCT”; Exhibit F.
27. The annuity is a Secure Term Fixed Annuity II, number 53264242 (“the Annuity”) in custody of NY Life
Insurance. A copy of the information subpoena response is attached as Exhibit F.
28. Upon information and belief, the transfer of $245,000.00 was made from Trevino’s Citibank account.
Exhibit E.
29. The purchase of the Annuity falls under DCL § 270.
30. The Annuity Conveyance was made on August 16th, 2016, immediately after the Chase restraints on August
11th, 2016. Exhibit F.
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31. Upon information and belief, Trevino’s $245,000.00 was paid from her nonexempt Citibank account.
32. Upon information and belief, Trevino converted her cash from nonexempt to exempt status by purchasing
this Annuity.
33. This is a non-qualified Annuity per a subpoena response from the custodian NY Life Insurance. Exhibit F.
34. The Annuity is not qualified as an IRA. Exhibit F.
35. Trevino is the sole owner of this Annuity.
36. The Annuity is currently restrained . Petitioner complied with the requirements of CPLR § 5222-a. A copy
of the Petitioner’s restraining notice and information subpoena is attached as Exhibit F.
37. Trevino claims the Annuity exempt from enforcement. Exhibit G.
38. That on January 30th, 2017, the Petitioner, through its attorney Manfredi Law Group, PLLC received an
exemption claim form by fax. Exhibit G.
39. Petitioner is timely filing this proceeding pursuant to CPLR §§ 5240 and 5239 to deny Trevino’s exemption
claim and determine the Petitioner’s right to the Annuity proceeds.
40. That the Respondent NY Life Insurance is the current garnishee in possession and custody of the Annuity.
41. Pershing, LLC is the clearing firm for this Annuity.
42. The Annuity Conveyance and Real Property Conveyance may hereinafter be referred to as “the
Conveyances”.
THE CONVEYANCES HARMED THE PETITIONER
43. The Judgment was entered against Trevino at the time of the Conveyances.
44. Trevino has not satisfied any portion of the Judgment.
45. Based on the Petitioner’s enforcement attempts and the timing of the transfers, the Conveyances were
affected for the purpose of protecting Trevino’s assets from the Judgments’ lien and execution.
46. The Conveyances were made with specific intent to defeat, delay, and frustrate the Petitioner’s Judgment
enforcement.
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47. Trevino had actual knowledge of the Judgment by the virtue of the freeze placed on her Chase accounts on
August 11th, 2016, just prior to Annuity Conveyance. Exhibit C.
48. N.Y. Debt. & Cred. Law § 270 defines a conveyance as “... payment of money, assignment, release, transfer,
lease, mortgage or pledge of tangible or intangible property, and also the creation of any lien or
incumbrance.”
49. Both Conveyances fall under N.Y. Debt. & Cred. Law § 270.
FIRST OF ACTION
A RENEWAL JUDGMENT PURSUANT TO CPLR § 5014
50. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through
“49” with the same force and effect.
51. To begin with, the Petitioner requests a renewal judgment pursuant to CPLR § 5014.
52. CPLR § 5014(1) provides that an action on a judgment may be commenced where more than ten years has
elapsed since the first docketing of the judgment.
53. The instant action on the Judgment is ripe for renewal pursuant to CPLR § 5014 and CPLR § 211(b).
54. Petitioner / Judgment Creditor is entitled to a new and fresh twenty year judgment. CPLR § 5014; Pangburn
v. Klug, 244 A.D.2d 394, 664 N.Y.S.2d 71, (N.Y.A.D., 1997); Anchor Sav. Bank v. Parker, 10 Misc. 3d
1074A (Sup. Ct., Nassau Co. 2006); Quarant v. Ferrara, 111 Misc.2d 1042 (1981); Korn-Miller, N.Y. Civ.
Prac. ¶ 5203.05); Premier Capital, Inc. v. Dehaan, 122 A.D.3d 1414, 997 N.Y.S.2d 558, 559 (2014) leave
to appeal denied, No. 2014-1282, 2015 WL 176021 (N.Y. Jan. 15, 2015).
55. Accordingly, pursuant to CPLR § 5014 the Petitioner demands a renewal Judgment against the Defendant
for the sum of $40,514.67 plus accrued statutory interest at 9.0% per annum from October 31st, 2001.
SECOND CAUSE OF ACTION
N.Y. DEBTOR & CREDITOR LAW § 273-a
56. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through
“55” with the same force and effect.
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57. Section 273-a of the Debtor Creditor Law provides that:
“Every conveyance made without fair consideration when
the person making it is a defendant in an action for money
damages or a judgment in such an action has been docketed
against him, is fraudulent as to the plaintiff in that action
without regard to the actual intent of the defendant if, after
final judgment for the plaintiff, the defendant fails to satisfy
the judgment.”
58. That Trevino was a judgment debtor at the time of the Real Property Conveyance.
59. The Judgment was docketed against Trevino at the time of the Real Property Conveyance.
60. The deed and transfer report confirms that zero consideration was paid for the Property Conveyance.
Exhibit C.
61. Trevino has not paid the Judgment.
62. Regardless of Trevino’s intent, the Real Property Conveyance is fraudulent pursuant to section 273-a
of NY Debtor and Creditor Law.
63. Accordingly, pursuant to NY Debtor and Creditor Law 273-a the Petitioner demands judgment (i)
declaring the said Real Property Conveyance fraudulent and null and void as against the Petitioner (ii)
directing the Bronx Clerk to set aside and cancel the current deed of record, and adjudge and decree
the Property in the name of Trevino, and (iii) directing that the Petitioner’s judgment be declared and
decreed a first priority judicial lien against the Property.
THIRD CAUSE OF ACTION
THE ANNUITY CONVEYANCE VIOLATED § 276 OF N.Y. DEBTOR & CREDITOR LAW
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64. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “63” with the same force and effect.
65. N.Y. Debt. & Cred. Law § 276 provides that:
“Every conveyance made and every obligation
incurred with actual intent, as distinguished from
intent presumed by law, to hinder, delay, or
defraud either present or future creditors, is
fraudulent as to both present and future creditors.”
66. That Trevino has not paid the Petitioner’s Judgment.
67. Trevino knew, or should have known, that buying this Annuity would place her assets out of the
Petitioner’s reach to avoid payment.
68. Upon information and belief, the Annuity purchase, along with her Real Property Conveyance, shows
Trevino engaged in a fraudulent scheme to frustrate payment of the Judgment.
69. That Trevino knew the Petitioner was actively attempting enforcement of the Judgment at the time of
the Annuity transfer.
70. That the Conveyances were contrived in response to the Petitioner’s enforcement attempts on her Chase
accounts on August 11th, 2016.
71. The circumstances surrounding the transfer of her cash from nonexempt to exempt status is replete
with badges of fraud, thus satisfying the intent requisite.
72. Upon information and belief, the Annuity was bought with actual intent on part of Trevino to hinder,
delay, and defraud the Petitioner, and frustrate the collection of the Petitioner’s Judgment because
Trevino’s Chase accounts were frozen five days prior to the Annuity Conveyance.
73. Trevino knew, was advised, or should have known, that the Annuity is exempt to presumptively create
a shield so her creditor cannot attach and levy on those funds under New York Insurance Law § 3212.
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74. Annuities are subject to fraudulent conveyance statutes of New York and Courts may direct judgment
debtors to payout creditors directly from annuities. New York Insurance Law § 3212(d)(2).
75. Accordingly, pursuant to NY Debtor and Creditor Law § 276 the Petitioner demands judgment (i)
declaring the Annuity Conveyance to NY Life Insurance as null and void and fraudulent against the
Petitioner.
FOURTH CAUSE OF ACTION
N.Y. DEBTOR & CREDITOR LAW § 278
76. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “75” with the same force and effect.
77. N.Y. Debt. & Cred. Law § 278 (McKinney):
Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim
has matured, may, as against any person except a purchaser for fair consideration without
knowledge of the fraud at the time of the purchase, or one who has derived title immediately or
mediately from such a purchaser,
a. Have the conveyance set aside or obligation annulled to the extent necessary to
satisfy his claim, or
b. Disregard the conveyance and attach or levy execution upon the property
conveyed.
78. Petitioner is entitled to a levy and execute upon the Property and Annuity pursuant to N.Y. Debt. &
Cred. Law § 278 if the Conveyances are adjudged fraudulent. Neshewat v. Salem, 365 F. Supp. 2d
508, 521 (S.D.N.Y. 2005), aff'd, 194 F. App'x 24 (2d Cir. 2006).
79. The point of N.Y. Debt. & Cred. Law § 278 and CPLR § 5225 “is that a debtor may not avoid payment
of its debts to a creditor by setting in motion a chain of conveyances through related entities and family
members.” Integrity Elecs., Inc. v. Garden State Distribs., Inc., 14 Civ. 3197 (BMC) (E.D.N.Y. Jun.
30, 2016).
80. Avoidance of payment is precisely what Trevino and her family sought by the Conveyances.
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81. Petitioner requests and order and judgment to permitting the Petitioner to levy and execute upon the
Annuity and Property pursuant to NY Debtor Creditor Law § 278.
FIFTH CAUSE OF ACTION
DENIAL OF TREVINO’S ANNUITY EXEMPTION CLAIM AND
TURNOVER OF THE ANNUITY PURSUANT TO CPLR §§
5225 & 5227 & INSURANCE LAW § 3212(d)(2)
82. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “81” with the same force and effect.
83. CPLR § 5225(b) reads:
Upon a special proceeding commenced by the judgment creditor, against a person in
possession or custody of money or other personal property in which the judgment debtor has
an interest, or against a person who is a transferee of money or other personal property from
the judgment debtor, where it is shown that the judgment debtor is entitled to the possession
of such property or that the judgment creditor's rights to the property are superior to those of
the transferee, the court shall require such person to pay the money, or so much of it as is
sufficient to satisfy the judgment, to the judgment creditor….
84. Insurance Law § 3212(d)(2) provides, in pertinent part, that “the court may order the annuitant to pay
to a judgment creditor or apply on the judgment in installments, a portion of such benefits that appears
just and proper to the court, with due regard for the reasonable requirements of the judgment debtor
and his family, if dependent upon him, as well as any payments required to be made by the annuitant
to other creditors under prior court orders” (id.)
85. Annuities are well known asset protection contracts, however a Court can direct payment from an
Annuity. Insurance Law § 3212(d)(2).
86. Upon information and belief, the funds that were used by Trevino to purchase the Annuity were not
exempt, i.e. IRA, pension.
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87. Trevino made every attempt to shield herself from enforcement of Judgment directly after the Chase
accounts were restrained.
88. Trevino has no known dependents.
89. This Annuity Conveyance was contrived for the sole purpose of defeating payment because it was
made directly after the Chase restraints.
90. The Annuity Conveyance was fraudulent and harmed the Petitioner.
91. That this Court may order, in its discretion, a Judgment Debtor to pay a Judgment from an annuity.
Ioppolo v. Ioppolo, 132 A.D.3d 727, 728, 18 N.Y.S.3d 639, 641 (N.Y. App. Div. 2015).
92. To turn over the Annuity from third party garnishee NY Life Insurance, a turn over proceeding is
required by special proceeding. CPLR §§ 5225(b) & 5227; Koehler v. Bank of Bermuda Ltd., 12 NY3d
533, 537- 538 (2009); Signature Bank v. HSBC Bank USA. N.A. 67 AD3d 917; Siegel, New York
Practice 4th Ed., § 510.
93. Petitioner received the annexed exemption claim form by fax on January 30th, 2017. Exhibit G.
94. This Petition is timely filed as an objection to the Respondent’s claim. CPLR §§ 5240 & 5239.
95. The exemption claims made by Trevino are improper and should be rejected.
96. There is no proof that this Annuity and Chase Accounts are Trevino’s sole source of income, assets, or
is necessary for living expenses. CPLR §§ 5240 & 5239.
97. Petitioner alleges that the purchase of this Annuity was fraudulent against the Petitioner.
98. The Annuity funds are readily available for the satisfaction of the Judgment.
99. Petitioner requests an order (1) denying Trevino’s exemption claim with respect to the Annuity and (2)
an order directing NY Life Insurance to turn over the Annuity to the Petitioner CPLR §§ 5225 & 5227
and Insurance Law § 3212(d)(2) in full satisfaction of the Judgment plus the costs and attorneys’ fees
incurred by this proceeding.
SIXTH CAUSE OF ACTION
DENIAL OF TREVINO’S CHASE BANK EXEMPTION CLAIM AND TURNOVER
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OF THE CHASE ACCOUNT & SAFE DEPOSIT BOX CPLR §§ 5225 & 5227
100. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “99” with the same force and effect.
101. CPLR § 5201(b):
A money judgment may be enforced against any property which could be assigned or
transferred, whether it consists of a present or future right or interest and whether or not it is
vested, unless it is exempt from application to the satisfaction of the judgment.
102. The Chase savings account and safe deposit box is property under CPLR § 5201(b).
103. The Chase Safe Deposit Box number 9187, located at 11 Hugh J Grant Circle, Bronx, New York is
currently restrained. The Chase savings account contains captured funds in the sum of $7,354.54.
Exhibit C.
104. Petitioner requests that the Court deny Trevino’s exemption claim with respect to the Chase accounts.
CPLR §§ 5240 & 5239; Exhibit G.
105. To execute on the box, Petitioner requests an order directing JPMorgan Chase Bank, N.A. to deliver,
open, and turn over the Safe Deposit Box to the Sheriff for execution. CPLR §§ 5225(b) & 5227.
106. Petitioner requests an order (1) denying the exemption claim made by Trevino with respect to the Chase
accounts pursuant to CPLR §§ 5240 & 5239 and (2) directing third party garnishee JPMorgan Chase
Bank, N.A. turn over Trevino’s savings account and safe deposit box pursuant to CPLR §§ 5225(b) &
5227 in partial satisfaction of the Judgment plus the costs and attorneys’ fees incurred by this
proceeding,
SEVENTH CAUSE OF ACTION
TURNOVER OF RENTAL INCOME N.Y. CPLR §§§ 5201, 5225 & 5228(a)
AND NY DEBTOR AND CREDITOR LAW § 278
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107. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “106” with the same force and effect.
108. That the Property is a three-family dwelling as confirmed by the deed.
109. Upon information and belief, the Property is (or should be) income producing property sufficient to
satisfy the Judgment.
110. Rent is property under CPLR § 5201.
111. Petitioner is entitled to a turn over order of those funds.
112. Petitioner requests that the rental income, if any, earned from this multi - family Property be paid to
the Petitioner by the issuance of receiver to manage and collect the rental income from said Property.
113. CPLR § 5228(a):
(a) Appointment of receiver. Upon motion of a judgment creditor, upon such notice as the court
may require, the court may appoint a receiver who may be authorized to administer, collect,
improve, lease, repair or sell any real or personal property in which the judgment debtor has an
interest or to do any other acts designed to satisfy the judgment. As far as practicable, the court
shall require that notice be given to the judgment debtor and to any other judgment creditors of
the judgment debtor. The order of appointment shall specify the property to be received, the
duties of the receiver and the manner in which they are to be performed. A receiver shall have
no power to employ counsel unless expressly so authorized by order of the court. A receiver
shall be entitled to necessary expenses and to such commissions, not exceeding five percent of
the sums received and disbursed by him, as the court which appointed him allows, but if a
judgment creditor is appointed receiver, he shall not be entitled to compensation. If a receiver
has been appointed, a court making an order directing payment, or delivery, of property shall
direct that payment, or delivery, be made to the receiver rather than to a sheriff.
114. “Article 52 of the CPLR authorizes the court to appoint a receiver of property ‘in which the judgment
debtor has an interest or to do any other acts designed to satisfy the judgment.’” Aquavella v.
Equivision, Inc., 181 Misc. 2d 322, 324, 694 N.Y.S.2d 547, 549 (Sup. Ct. 1999).
115. Petitioner request an order pursuant to CPLR §§§ 5201(b), 5228(a), and 5225(b) for the appointment
of Petitioner as a receiver, or an independent receiver, to administer, manage and collect Trevino’s
rental income at 1045 Virginia Avenue, Bronx, New York and directing the Respondent tenants of the
Property to turn over rent each month to the appointed receiver until the Judgment is paid in full.
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EIGHTH CAUSE OF ACTION
ATTORNEYS’ FEES
116. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1”
through “115” with the same force and effect.
117. As set forth above, the Conveyances were, upon information and belief, made with intent to hinder,
delay, and defraud the Petitioner.
118. Pursuant to NY Debtor and Creditor Law § 276-a the Petitioner is entitled to legal fees incurred in the
prosecution of this action.
119. No prior application for the relief requested herein has been made.
WHEREFORE, the Petitioner demands the entry of a Judgment against the Respondents as follows:
120. On the First Cause of Action against Trevino for a Renewal Judgment pursuant to CPLR § 5014 for
the sum of $40,514.67 plus accrued statutory interest at 9.0% per annum from October 31st, 2001;
121. On the Second Cause of Action against the Respondents, pursuant to NY Debtor and Creditor Law §
273-a, (i) declaring the said Real Property Conveyance fraudulent and null and void as against the
Petitioner (ii) directing the Bronx Clerk to set aside and cancel the current deed of record, and adjudge
and decree the Property in the name of Trevino, and (iii) directing that the Petitioner’s judgment be
declared and decreed a first priority judicial lien against the Property.
122. On the Third Cause of Action against pursuant to NY Debtor and Creditor Law § 276 declaring the
Annuity Conveyance to NY Life Insurance as null and void and fraudulent against the Petitioner.
123. On the Fourth Cause of Action pursuant to NY Debtor Creditor Law § 278, for an order and judgment
to disregard the Conveyances and order the & levy execution upon the Property and Annuity;
124. On the Fifth Cause of Action for an order (1) denying the exemption claim made by Trevino with
respect to the Annuity pursuant to CPLR §§ 5240 & 5239, and (2) directing third party garnishee NY
Life Insurance to turn over the Annuity in one payment to the Petitioner pursuant to CPLR §§ 5225 &
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5227 and Insurance Law § 3212(d)(2) in full satisfaction of the Judgment plus the costs and attorneys’
fees incurred by this proceeding,
125. On the Sixth Cause of Action for (1) an order denying the exemption claim made by Trevino with
respect to the Chase accounts pursuant to CPLR §§ 5240 & 5239 and (2) a turn over order directing
third party garnishee JPMorgan Chase Bank, N.A. turn over Trevino’s savings account and safe deposit
box pursuant to CPLR §§ 5225(b) & 5227 in partial satisfaction of the Judgment plus the costs and
attorneys’ fees incurred by this proceeding,
126. On the Seventh Cause of Action for an order pursuant to CPLR §§§ 5201(b), 5228(a), and 5225(b) for
the appointment of Petitioner as a receiver, or an independent receiver, to administer, manage and
collect Trevino’s rental income at and directing the Respondent tenants of the Property to turn over
rent each month to the appointed receiver until the Judgment is paid in full.
127. On the Eighth Cause of Action against the Respondents pursuant to section 276-A of NY Debtor and
Creditor Law, awarding the Petitioner legal fees and expenses incurred in connection with the
prosecution of this action;
128. Granting the Petitioner costs and disbursements of this action
129. Granting the Petitioner such other, further, and different relief as this Court deems just and proper.
VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of the firm
appearing as attorney of record for the Petitioner has read this Petition and knows its contents, and that the
same is alleged upon information and belief and believes it to be true based on the file maintained in my
st
office. This verification is affirmed on the 1 day of February, 2017.
DATED: New York, New York
February 1, 2016
/s/ John S Manfredi
John Manfredi, Esq.
Manfredi Law Group, PLLC / of counsel Peter Seideman
ATTORNEY FOR PETITIONER
302 East 19th St. Suite 2A
New York, New York 10003
ph: (347) 614 7006
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FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NUMBER: Banco Popular North America Petitioner / Judgment Creditor -against - VERIFIED PETITION Amy Trevino a/k/a Amy Jaeger a/k/a Amparo Trevino a/k/a Amparo Jaeger a/k/a Amy Trevino-Jaeger Respondent / Judgment Debtor James Munet, Raul Munet Respondents / Transferees NY Life Insurance, JPMorgan Chase Bank, N.A., and “JOHN DOE and JANE DOE #1-2”, said names being fictitious, it being the intention of the petitioner to designate any and all persons, occupants and tenants having a lease in the units comprising 1045 Virginia Avenue, Bronx, New York 10472 Respondents / Garnishees Petitioner, by and through their attorney Manfredi Law Group, PLLC as and for its complaint, against the Respondents, allege as follows: 1. That at all times, the Petitioner is a New York State chartered bank with offices at 85 Broad Street, New York, New York. 2. Upon information and belief, the Respondent / Judgment Debtor Amy Trevino a/k/a Amy Jaeger a/k/a Amparo Trevino a/k/a Amparo Jaeger a/k/a Am Trevino-Jaeger (hereinafter “Trevino”) resides at 1045 Virginia Avenue, Bronx, New York 10472. 3. Upon information and belief, the Respondent James Munet resides at 18 September Circle, East Strousberg, PA 18301. 1 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 4. Upon information and belief, the Respondent Raul Munet resides at Calle 6-2F-12 Vistas Del Convento, Fajardo 00738, Puerto Rico. 5. Upon information and belief, the Respondent, JPMorgan Chase Bank, N.A. has offices and operates retail banking locations throughout New York State, including 230 Park Avenue South, New York, New York. 6. Upon information and belief, the Respondent NY Life Insurance has offices at 51 Madison Avenue, New York, New York 10010. 7. This lawsuit is commenced in New York County because itis a special proceeding filed to enforce a Judgment entered in this Court. BACKGROUND OF FACTS 8. That on October 31st, 2001 a money judgment was entered in the New York County Clerk’s Office against Trevino in favor of Banco Popular North America for the sum of $40,514.67 (hereinafter “the Judgment”). Exhibit A. 9. The Judgment derives from Trevino’s default under her obligations as guarantor of a business loan made to Seers Manhattan Furniture, Inc. Exhibit A. 10. No portion of the Judgment has been paid. 11. Execution of the Judgment has not been stayed by any Court. 12. The Law Office of Peter Seideman was substituted as the attorney of record for the Petitioner. Exhibit B. 13. Manfredi Law Group, PLLC works of counsel to The Law Office of Peter Seideman as attorneys for the Judgment Creditor / Petitioner. See Seideman Affidavit. 14. The Law Office of Peter Seideman restrained a Chase Savings Account and Safe Deposit Box on or about August 11th, 2016 to enforce the Judgment. 15. A copy of the Chase response is attached as Exhibit C. 16. The Safe Deposit Box and Chase Savings accounts may hereinafter be referred to as “the Chase Accounts”. 17. In response to the Chase Account restraints, the Trevino made several movements to frustrate the collection of the Judgment. 2 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 THE REAL PROPERTY CONVEYANCE 18. Trevino transferred her interest in 1045 Virginia Avenue, Bronx, New York 10472, block 3733, lot 58 (hereinafter “the Property”) to the Respondents James Munet and Raul Munet by deed dated December 2nd, 2016 (hereinafter “Real Property Conveyance”). 19. The deed was recorded in the Bronx County Clerk’s Office on December 13th, 2016. 20. The deed and transfer report are attached as Exhibit D. 21. Trevino was the sole owner of 1045 Virginia Avenue, Bronx, New York 10472 prior to the Conveyance. Exhibit D. 22. The deed and annexed transfer report filed with the Bronx County Clerk confirms that the sale price is $0.00, that Trevino did not receive remuneration for the Conveyance, and that the transfer occurred between relatives. Exhibit D. 23. That the grantee James Munet is the son of Trevino. 24. The Real Property Conveyance was made without fair consideration after entry of the Judgment. 25. That the estimated value of the Property is approximately $550,000.00. THE ANNUITY CONVEYANCE 26. That on or about August 16th, 2016, the Respondent Trevino paid $245,000.00 to purchase an Annuity contract with NY Life Insurance (“the Annuity Conveyance”). Exhibit E: PAGE 13 “PURCHASE OF SUBSCRIPTION PRODUCT”; Exhibit F. 27. The annuity is a Secure Term Fixed Annuity II, number 53264242 (“the Annuity”) in custody of NY Life Insurance. A copy of the information subpoena response is attached as Exhibit F. 28. Upon information and belief, the transfer of $245,000.00 was made from Trevino’s Citibank account. Exhibit E. 29. The purchase of the Annuity falls under DCL § 270. 30. The Annuity Conveyance was made on August 16th, 2016, immediately after the Chase restraints on August 11th, 2016. Exhibit F. 3 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 31. Upon information and belief, Trevino’s $245,000.00 was paid from her nonexempt Citibank account. 32. Upon information and belief, Trevino converted her cash from nonexempt to exempt status by purchasing this Annuity. 33. This is a non-qualified Annuity per a subpoena response from the custodian NY Life Insurance. Exhibit F. 34. The Annuity is not qualified as an IRA. Exhibit F. 35. Trevino is the sole owner of this Annuity. 36. The Annuity is currently restrained . Petitioner complied with the requirements of CPLR § 5222-a. A copy of the Petitioner’s restraining notice and information subpoena is attached as Exhibit F. 37. Trevino claims the Annuity exempt from enforcement. Exhibit G. 38. That on January 30th, 2017, the Petitioner, through its attorney Manfredi Law Group, PLLC received an exemption claim form by fax. Exhibit G. 39. Petitioner is timely filing this proceeding pursuant to CPLR §§ 5240 and 5239 to deny Trevino’s exemption claim and determine the Petitioner’s right to the Annuity proceeds. 40. That the Respondent NY Life Insurance is the current garnishee in possession and custody of the Annuity. 41. Pershing, LLC is the clearing firm for this Annuity. 42. The Annuity Conveyance and Real Property Conveyance may hereinafter be referred to as “the Conveyances”. THE CONVEYANCES HARMED THE PETITIONER 43. The Judgment was entered against Trevino at the time of the Conveyances. 44. Trevino has not satisfied any portion of the Judgment. 45. Based on the Petitioner’s enforcement attempts and the timing of the transfers, the Conveyances were affected for the purpose of protecting Trevino’s assets from the Judgments’ lien and execution. 46. The Conveyances were made with specific intent to defeat, delay, and frustrate the Petitioner’s Judgment enforcement. 4 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 47. Trevino had actual knowledge of the Judgment by the virtue of the freeze placed on her Chase accounts on August 11th, 2016, just prior to Annuity Conveyance. Exhibit C. 48. N.Y. Debt. & Cred. Law § 270 defines a conveyance as “... payment of money, assignment, release, transfer, lease, mortgage or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.” 49. Both Conveyances fall under N.Y. Debt. & Cred. Law § 270. FIRST OF ACTION A RENEWAL JUDGMENT PURSUANT TO CPLR § 5014 50. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “49” with the same force and effect. 51. To begin with, the Petitioner requests a renewal judgment pursuant to CPLR § 5014. 52. CPLR § 5014(1) provides that an action on a judgment may be commenced where more than ten years has elapsed since the first docketing of the judgment. 53. The instant action on the Judgment is ripe for renewal pursuant to CPLR § 5014 and CPLR § 211(b). 54. Petitioner / Judgment Creditor is entitled to a new and fresh twenty year judgment. CPLR § 5014; Pangburn v. Klug, 244 A.D.2d 394, 664 N.Y.S.2d 71, (N.Y.A.D., 1997); Anchor Sav. Bank v. Parker, 10 Misc. 3d 1074A (Sup. Ct., Nassau Co. 2006); Quarant v. Ferrara, 111 Misc.2d 1042 (1981); Korn-Miller, N.Y. Civ. Prac. ¶ 5203.05); Premier Capital, Inc. v. Dehaan, 122 A.D.3d 1414, 997 N.Y.S.2d 558, 559 (2014) leave to appeal denied, No. 2014-1282, 2015 WL 176021 (N.Y. Jan. 15, 2015). 55. Accordingly, pursuant to CPLR § 5014 the Petitioner demands a renewal Judgment against the Defendant for the sum of $40,514.67 plus accrued statutory interest at 9.0% per annum from October 31st, 2001. SECOND CAUSE OF ACTION N.Y. DEBTOR & CREDITOR LAW § 273-a 56. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “55” with the same force and effect. 5 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 57. Section 273-a of the Debtor Creditor Law provides that: “Every conveyance made without fair consideration when the person making it is a defendant in an action for money damages or a judgment in such an action has been docketed against him, is fraudulent as to the plaintiff in that action without regard to the actual intent of the defendant if, after final judgment for the plaintiff, the defendant fails to satisfy the judgment.” 58. That Trevino was a judgment debtor at the time of the Real Property Conveyance. 59. The Judgment was docketed against Trevino at the time of the Real Property Conveyance. 60. The deed and transfer report confirms that zero consideration was paid for the Property Conveyance. Exhibit C. 61. Trevino has not paid the Judgment. 62. Regardless of Trevino’s intent, the Real Property Conveyance is fraudulent pursuant to section 273-a of NY Debtor and Creditor Law. 63. Accordingly, pursuant to NY Debtor and Creditor Law 273-a the Petitioner demands judgment (i) declaring the said Real Property Conveyance fraudulent and null and void as against the Petitioner (ii) directing the Bronx Clerk to set aside and cancel the current deed of record, and adjudge and decree the Property in the name of Trevino, and (iii) directing that the Petitioner’s judgment be declared and decreed a first priority judicial lien against the Property. THIRD CAUSE OF ACTION THE ANNUITY CONVEYANCE VIOLATED § 276 OF N.Y. DEBTOR & CREDITOR LAW 6 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 64. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “63” with the same force and effect. 65. N.Y. Debt. & Cred. Law § 276 provides that: “Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed by law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.” 66. That Trevino has not paid the Petitioner’s Judgment. 67. Trevino knew, or should have known, that buying this Annuity would place her assets out of the Petitioner’s reach to avoid payment. 68. Upon information and belief, the Annuity purchase, along with her Real Property Conveyance, shows Trevino engaged in a fraudulent scheme to frustrate payment of the Judgment. 69. That Trevino knew the Petitioner was actively attempting enforcement of the Judgment at the time of the Annuity transfer. 70. That the Conveyances were contrived in response to the Petitioner’s enforcement attempts on her Chase accounts on August 11th, 2016. 71. The circumstances surrounding the transfer of her cash from nonexempt to exempt status is replete with badges of fraud, thus satisfying the intent requisite. 72. Upon information and belief, the Annuity was bought with actual intent on part of Trevino to hinder, delay, and defraud the Petitioner, and frustrate the collection of the Petitioner’s Judgment because Trevino’s Chase accounts were frozen five days prior to the Annuity Conveyance. 73. Trevino knew, was advised, or should have known, that the Annuity is exempt to presumptively create a shield so her creditor cannot attach and levy on those funds under New York Insurance Law § 3212. 7 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 74. Annuities are subject to fraudulent conveyance statutes of New York and Courts may direct judgment debtors to payout creditors directly from annuities. New York Insurance Law § 3212(d)(2). 75. Accordingly, pursuant to NY Debtor and Creditor Law § 276 the Petitioner demands judgment (i) declaring the Annuity Conveyance to NY Life Insurance as null and void and fraudulent against the Petitioner. FOURTH CAUSE OF ACTION N.Y. DEBTOR & CREDITOR LAW § 278 76. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “75” with the same force and effect. 77. N.Y. Debt. & Cred. Law § 278 (McKinney): Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase, or one who has derived title immediately or mediately from such a purchaser, a. Have the conveyance set aside or obligation annulled to the extent necessary to satisfy his claim, or b. Disregard the conveyance and attach or levy execution upon the property conveyed. 78. Petitioner is entitled to a levy and execute upon the Property and Annuity pursuant to N.Y. Debt. & Cred. Law § 278 if the Conveyances are adjudged fraudulent. Neshewat v. Salem, 365 F. Supp. 2d 508, 521 (S.D.N.Y. 2005), aff'd, 194 F. App'x 24 (2d Cir. 2006). 79. The point of N.Y. Debt. & Cred. Law § 278 and CPLR § 5225 “is that a debtor may not avoid payment of its debts to a creditor by setting in motion a chain of conveyances through related entities and family members.” Integrity Elecs., Inc. v. Garden State Distribs., Inc., 14 Civ. 3197 (BMC) (E.D.N.Y. Jun. 30, 2016). 80. Avoidance of payment is precisely what Trevino and her family sought by the Conveyances. 8 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 81. Petitioner requests and order and judgment to permitting the Petitioner to levy and execute upon the Annuity and Property pursuant to NY Debtor Creditor Law § 278. FIFTH CAUSE OF ACTION DENIAL OF TREVINO’S ANNUITY EXEMPTION CLAIM AND TURNOVER OF THE ANNUITY PURSUANT TO CPLR §§ 5225 & 5227 & INSURANCE LAW § 3212(d)(2) 82. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “81” with the same force and effect. 83. CPLR § 5225(b) reads: Upon a special proceeding commenced by the judgment creditor, against a person in possession or custody of money or other personal property in which the judgment debtor has an interest, or against a person who is a transferee of money or other personal property from the judgment debtor, where it is shown that the judgment debtor is entitled to the possession of such property or that the judgment creditor's rights to the property are superior to those of the transferee, the court shall require such person to pay the money, or so much of it as is sufficient to satisfy the judgment, to the judgment creditor…. 84. Insurance Law § 3212(d)(2) provides, in pertinent part, that “the court may order the annuitant to pay to a judgment creditor or apply on the judgment in installments, a portion of such benefits that appears just and proper to the court, with due regard for the reasonable requirements of the judgment debtor and his family, if dependent upon him, as well as any payments required to be made by the annuitant to other creditors under prior court orders” (id.) 85. Annuities are well known asset protection contracts, however a Court can direct payment from an Annuity. Insurance Law § 3212(d)(2). 86. Upon information and belief, the funds that were used by Trevino to purchase the Annuity were not exempt, i.e. IRA, pension. 9 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 87. Trevino made every attempt to shield herself from enforcement of Judgment directly after the Chase accounts were restrained. 88. Trevino has no known dependents. 89. This Annuity Conveyance was contrived for the sole purpose of defeating payment because it was made directly after the Chase restraints. 90. The Annuity Conveyance was fraudulent and harmed the Petitioner. 91. That this Court may order, in its discretion, a Judgment Debtor to pay a Judgment from an annuity. Ioppolo v. Ioppolo, 132 A.D.3d 727, 728, 18 N.Y.S.3d 639, 641 (N.Y. App. Div. 2015). 92. To turn over the Annuity from third party garnishee NY Life Insurance, a turn over proceeding is required by special proceeding. CPLR §§ 5225(b) & 5227; Koehler v. Bank of Bermuda Ltd., 12 NY3d 533, 537- 538 (2009); Signature Bank v. HSBC Bank USA. N.A. 67 AD3d 917; Siegel, New York Practice 4th Ed., § 510. 93. Petitioner received the annexed exemption claim form by fax on January 30th, 2017. Exhibit G. 94. This Petition is timely filed as an objection to the Respondent’s claim. CPLR §§ 5240 & 5239. 95. The exemption claims made by Trevino are improper and should be rejected. 96. There is no proof that this Annuity and Chase Accounts are Trevino’s sole source of income, assets, or is necessary for living expenses. CPLR §§ 5240 & 5239. 97. Petitioner alleges that the purchase of this Annuity was fraudulent against the Petitioner. 98. The Annuity funds are readily available for the satisfaction of the Judgment. 99. Petitioner requests an order (1) denying Trevino’s exemption claim with respect to the Annuity and (2) an order directing NY Life Insurance to turn over the Annuity to the Petitioner CPLR §§ 5225 & 5227 and Insurance Law § 3212(d)(2) in full satisfaction of the Judgment plus the costs and attorneys’ fees incurred by this proceeding. SIXTH CAUSE OF ACTION DENIAL OF TREVINO’S CHASE BANK EXEMPTION CLAIM AND TURNOVER 10 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 OF THE CHASE ACCOUNT & SAFE DEPOSIT BOX CPLR §§ 5225 & 5227 100. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “99” with the same force and effect. 101. CPLR § 5201(b): A money judgment may be enforced against any property which could be assigned or transferred, whether it consists of a present or future right or interest and whether or not it is vested, unless it is exempt from application to the satisfaction of the judgment. 102. The Chase savings account and safe deposit box is property under CPLR § 5201(b). 103. The Chase Safe Deposit Box number 9187, located at 11 Hugh J Grant Circle, Bronx, New York is currently restrained. The Chase savings account contains captured funds in the sum of $7,354.54. Exhibit C. 104. Petitioner requests that the Court deny Trevino’s exemption claim with respect to the Chase accounts. CPLR §§ 5240 & 5239; Exhibit G. 105. To execute on the box, Petitioner requests an order directing JPMorgan Chase Bank, N.A. to deliver, open, and turn over the Safe Deposit Box to the Sheriff for execution. CPLR §§ 5225(b) & 5227. 106. Petitioner requests an order (1) denying the exemption claim made by Trevino with respect to the Chase accounts pursuant to CPLR §§ 5240 & 5239 and (2) directing third party garnishee JPMorgan Chase Bank, N.A. turn over Trevino’s savings account and safe deposit box pursuant to CPLR §§ 5225(b) & 5227 in partial satisfaction of the Judgment plus the costs and attorneys’ fees incurred by this proceeding, SEVENTH CAUSE OF ACTION TURNOVER OF RENTAL INCOME N.Y. CPLR §§§ 5201, 5225 & 5228(a) AND NY DEBTOR AND CREDITOR LAW § 278 11 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 107. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “106” with the same force and effect. 108. That the Property is a three-family dwelling as confirmed by the deed. 109. Upon information and belief, the Property is (or should be) income producing property sufficient to satisfy the Judgment. 110. Rent is property under CPLR § 5201. 111. Petitioner is entitled to a turn over order of those funds. 112. Petitioner requests that the rental income, if any, earned from this multi - family Property be paid to the Petitioner by the issuance of receiver to manage and collect the rental income from said Property. 113. CPLR § 5228(a): (a) Appointment of receiver. Upon motion of a judgment creditor, upon such notice as the court may require, the court may appoint a receiver who may be authorized to administer, collect, improve, lease, repair or sell any real or personal property in which the judgment debtor has an interest or to do any other acts designed to satisfy the judgment. As far as practicable, the court shall require that notice be given to the judgment debtor and to any other judgment creditors of the judgment debtor. The order of appointment shall specify the property to be received, the duties of the receiver and the manner in which they are to be performed. A receiver shall have no power to employ counsel unless expressly so authorized by order of the court. A receiver shall be entitled to necessary expenses and to such commissions, not exceeding five percent of the sums received and disbursed by him, as the court which appointed him allows, but if a judgment creditor is appointed receiver, he shall not be entitled to compensation. If a receiver has been appointed, a court making an order directing payment, or delivery, of property shall direct that payment, or delivery, be made to the receiver rather than to a sheriff. 114. “Article 52 of the CPLR authorizes the court to appoint a receiver of property ‘in which the judgment debtor has an interest or to do any other acts designed to satisfy the judgment.’” Aquavella v. Equivision, Inc., 181 Misc. 2d 322, 324, 694 N.Y.S.2d 547, 549 (Sup. Ct. 1999). 115. Petitioner request an order pursuant to CPLR §§§ 5201(b), 5228(a), and 5225(b) for the appointment of Petitioner as a receiver, or an independent receiver, to administer, manage and collect Trevino’s rental income at 1045 Virginia Avenue, Bronx, New York and directing the Respondent tenants of the Property to turn over rent each month to the appointed receiver until the Judgment is paid in full. 12 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 EIGHTH CAUSE OF ACTION ATTORNEYS’ FEES 116. Petitioner repeats, reiterates, and re-alleges each and every allegation contained in paragraphs “1” through “115” with the same force and effect. 117. As set forth above, the Conveyances were, upon information and belief, made with intent to hinder, delay, and defraud the Petitioner. 118. Pursuant to NY Debtor and Creditor Law § 276-a the Petitioner is entitled to legal fees incurred in the prosecution of this action. 119. No prior application for the relief requested herein has been made. WHEREFORE, the Petitioner demands the entry of a Judgment against the Respondents as follows: 120. On the First Cause of Action against Trevino for a Renewal Judgment pursuant to CPLR § 5014 for the sum of $40,514.67 plus accrued statutory interest at 9.0% per annum from October 31st, 2001; 121. On the Second Cause of Action against the Respondents, pursuant to NY Debtor and Creditor Law § 273-a, (i) declaring the said Real Property Conveyance fraudulent and null and void as against the Petitioner (ii) directing the Bronx Clerk to set aside and cancel the current deed of record, and adjudge and decree the Property in the name of Trevino, and (iii) directing that the Petitioner’s judgment be declared and decreed a first priority judicial lien against the Property. 122. On the Third Cause of Action against pursuant to NY Debtor and Creditor Law § 276 declaring the Annuity Conveyance to NY Life Insurance as null and void and fraudulent against the Petitioner. 123. On the Fourth Cause of Action pursuant to NY Debtor Creditor Law § 278, for an order and judgment to disregard the Conveyances and order the & levy execution upon the Property and Annuity; 124. On the Fifth Cause of Action for an order (1) denying the exemption claim made by Trevino with respect to the Annuity pursuant to CPLR §§ 5240 & 5239, and (2) directing third party garnishee NY Life Insurance to turn over the Annuity in one payment to the Petitioner pursuant to CPLR §§ 5225 & 13 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 5227 and Insurance Law § 3212(d)(2) in full satisfaction of the Judgment plus the costs and attorneys’ fees incurred by this proceeding, 125. On the Sixth Cause of Action for (1) an order denying the exemption claim made by Trevino with respect to the Chase accounts pursuant to CPLR §§ 5240 & 5239 and (2) a turn over order directing third party garnishee JPMorgan Chase Bank, N.A. turn over Trevino’s savings account and safe deposit box pursuant to CPLR §§ 5225(b) & 5227 in partial satisfaction of the Judgment plus the costs and attorneys’ fees incurred by this proceeding, 126. On the Seventh Cause of Action for an order pursuant to CPLR §§§ 5201(b), 5228(a), and 5225(b) for the appointment of Petitioner as a receiver, or an independent receiver, to administer, manage and collect Trevino’s rental income at and directing the Respondent tenants of the Property to turn over rent each month to the appointed receiver until the Judgment is paid in full. 127. On the Eighth Cause of Action against the Respondents pursuant to section 276-A of NY Debtor and Creditor Law, awarding the Petitioner legal fees and expenses incurred in connection with the prosecution of this action; 128. Granting the Petitioner costs and disbursements of this action 129. Granting the Petitioner such other, further, and different relief as this Court deems just and proper. VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of the firm appearing as attorney of record for the Petitioner has read this Petition and knows its contents, and that the same is alleged upon information and belief and believes it to be true based on the file maintained in my st office. This verification is affirmed on the 1 day of February, 2017. DATED: New York, New York February 1, 2016 /s/ John S Manfredi John Manfredi, Esq. Manfredi Law Group, PLLC / of counsel Peter Seideman ATTORNEY FOR PETITIONER 302 East 19th St. Suite 2A New York, New York 10003 ph: (347) 614 7006 14 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2017 12:34 AM INDEX NO. 151069/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2017 15 of 15