On April 18, 2023 a
Motion-Secondary
was filed
involving a dispute between
Stephen Pasterino,
and
P.Volve Llc,
Rachel Katzman,
for Torts - Other (FA/MP/Def./AP/IIED)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/31/2023 05:03 PM INDEX NO. 153563/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/31/2023
SUPREME COURT OF TilE STATE OF NEW YORK
NEW YORK COUNTY
STEPl l EN PASTERINO,
PlaintiiT, Index No. 153563/2023
-against-
P.VOLVE LLC and RACIlEL KATZMAN,
Defendants.
A FFIDAVIT OF RACHEL KATZMAN
State of New York )
) ss.:
County of Suffolk )
I, the undersigned Rachel Katzman, being over of the age of eighteen (18) and of sound
mind, swear that the following is true to the best of my knowledge upon penalty of perjury:
I. This affidavit is based on my personal knowledge.
2. At all relevant I did not and had no reason to believe, that ex-
times, know, my
husband, Plaintiff Stephen Pasterino, was storing any of his personal property at Pvolve's fitness
studio located at 415 W. Broadway, New York, NY 10012 (the "Soho Studio"). I have never
seen any Amazon or other receipts showing that Pasterino purchased the equipment he took on
August 13, 2022. I believed that all of the gym equipment at the Soho Studio belonged to
Pvolve. My goal in asking Madison Krause to call the police on August 13, 2022 if Stephen
refused to leave or took any equipment, was to file a police report documenting Stephen's
actions.
3. It is my understanding that Stephen and I had retrieved and divided all of our
"B"
respective personal property prior to our divorce in August 2020. Attached hereto as Exhibit
1 of 2
FILED: NEW YORK COUNTY CLERK 05/31/2023 05:03 PM INDEX NO. 153563/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/31/2023
is the Divorce Agreement between my ex-husband and me dated May 13, 2020. The following
sections appear on pages 7-8 of the Agreement:
4.10 Each Party shall hereafter own, have, and enjoy, independently of any claim or
right of the other Party, all items of real and personal property of any kind and nature and
wherever situated, tangible or intangible, including, but not limited to, accounts with, or assets
held by financial institutions such as banks or brokerage companies, interests in any business of
any kind and form, and securities of any kind or form, now or hereafter belonging to him or her,
to which he or she holds title, or which is now or hereafter in his or her possession, with full
power to dispose of the same as fully and effectually as though he or she were unmarried.
4.13 Except as otherwise specified in this Agreement, the Parties hereby acknowledge
that they have distributed and divided all of their tangible personal property in a manner that is
satisfactory to each of them. Tangible personal property includes, but is not limited to, personal
clothing and effects, jewelry, anwork, fumiture, and furnishings located in the respective
residences of each Party, regardless of whether any of such property was a gift from the other
Party. Except as otherwise specified in this Agreement, each Party hereby waives and
relinquishes, now and forever, all claims to any of the personal property of the other except as
described in this Article.
4. I did not communicate with the police or prosecutors about Stephen's case at any
time.
Rachel an
Sworn to before me this 3.1g day of May , 2023.
Notary Pub
ANNETTE METZGER
NOTARY PUBUC, STATE OF NEW YORK
Registration No.01ME0002508
Qualified in Suffolk C unty
My Commission
Expires: 5M &) 2
2 of 2
Document Filed Date
May 31, 2023
Case Filing Date
April 18, 2023
Category
Torts - Other (FA/MP/Def./AP/IIED)
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FILED: NEW YORK COUNTY CLERK 05/31/2023 05:03 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/31/2023 SUPREME COURT OF TilE STATE OF NEW YORK NEW YORK COUNTY STEPl l EN PASTERINO, PlaintiiT, Index No. 153563/2023 -against- P.VOLVE LLC and RACIlEL KATZMAN, Defendants. A FFIDAVIT OF RACHEL KATZMAN State of New York ) ) ss.: County of Suffolk ) I, the undersigned Rachel Katzman, being over of the age of eighteen (18) and of sound mind, swear that the following is true to the best of my knowledge upon penalty of perjury: I. This affidavit is based on my personal knowledge. 2. At all relevant I did not and had no reason to believe, that ex- times, know, my husband, Plaintiff Stephen Pasterino, was storing any of his personal property at Pvolve's fitness studio located at 415 W. Broadway, New York, NY 10012 (the "Soho Studio"). I have never seen any Amazon or other receipts showing that Pasterino purchased the equipment he took on August 13, 2022. I believed that all of the gym equipment at the Soho Studio belonged to Pvolve. My goal in asking Madison Krause to call the police on August 13, 2022 if Stephen refused to leave or took any equipment, was to file a police report documenting Stephen's actions. 3. It is my understanding that Stephen and I had retrieved and divided all of our "B" respective personal property prior to our divorce in August 2020. Attached hereto as Exhibit 1 of 2 FILED: NEW YORK COUNTY CLERK 05/31/2023 05:03 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/31/2023 is the Divorce Agreement between my ex-husband and me dated May 13, 2020. The following sections appear on pages 7-8 of the Agreement: 4.10 Each Party shall hereafter own, have, and enjoy, independently of any claim or right of the other Party, all items of real and personal property of any kind and nature and wherever situated, tangible or intangible, including, but not limited to, accounts with, or assets held by financial institutions such as banks or brokerage companies, interests in any business of any kind and form, and securities of any kind or form, now or hereafter belonging to him or her, to which he or she holds title, or which is now or hereafter in his or her possession, with full power to dispose of the same as fully and effectually as though he or she were unmarried. 4.13 Except as otherwise specified in this Agreement, the Parties hereby acknowledge that they have distributed and divided all of their tangible personal property in a manner that is satisfactory to each of them. Tangible personal property includes, but is not limited to, personal clothing and effects, jewelry, anwork, fumiture, and furnishings located in the respective residences of each Party, regardless of whether any of such property was a gift from the other Party. Except as otherwise specified in this Agreement, each Party hereby waives and relinquishes, now and forever, all claims to any of the personal property of the other except as described in this Article. 4. I did not communicate with the police or prosecutors about Stephen's case at any time. Rachel an Sworn to before me this 3.1g day of May , 2023. Notary Pub ANNETTE METZGER NOTARY PUBUC, STATE OF NEW YORK Registration No.01ME0002508 Qualified in Suffolk C unty My Commission Expires: 5M &) 2 2 of 2