Preview
FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the matter of a Petition to Quash a Subpoena and Index No.:
for Issuance of a Protective Order
VERIFIED PETITION TO
KAMRAN HAKIM, QUASH SUBPOENA AND
FOR ISSUANCE OF A
Petitioner, PROTECTIVE ORDER
WDITH ZACKSON,
Respondent.
In connection with an action pending in the State of
Connecticut, Superior Court for the Judicial District of
Stamford/Norwalk at Stamford, entitled: Brad Zackson v.
Judith Zackson. Docket No. FST-FA22-6056778-S
Petitioner', by his attorneys, as and for its Petition against Respondent, alleges as follows:
1. This Special Proceeding is brought pursuant to CPLR § 3119(e), which provides
that an application to a court for a protective order or to enforce, quash, or modify an out-of-state
subpoena must comply with the rules or statutes of this State and must be submitted to the court
in the County in which discovery is to be conducted.
•.
2. Petitioner requests that this Court issue an order pursuant to CPLR §§ 3119(e),
3101, 3103, and 2304: (i) an order quashing, or, in the alternative, modifying and/or limiting the
non-party subpoena served by Judith Zackson ("Respondent") on Kamran Hakim which includes
a deposition noticed for Kamran Hakim and the disclosure demanded therein (the "Hakim
Subpoena"); (ii) entry of a protective order with respect to the overly broad and improper discovery
and deposition demands set forth in the Hakim Subpoena; and (iii) such other relief as the Court
deems just and proper, together with the costs of the Petition.
1
Capitalized terms used herein and not otherwise defined shall have the same meaning as
previously defined.
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3. The Hakim Supboena was issued by Respondent in connection with an action
pending in Connecticut Superior Court for the Judicial District of Stamford/Norwalk at Stamford,
entitled: Brad Zackson v. Judith Zackson. Docket No. FST-FA22-6056778-S (hereinafter, the
"Connecticut Action").
4. Respondent served The Hakim Subpoena seeking, inter alia, documents and
testimony on Petitioner. The Hakim Subpoena should be quashed, modified, and/or limited, as it
contains a number of overly broad and unduly harassing requests for information and testimony
as to entities in which Petitioner does not have an interest, requests improperly seeking to probe
proprietary and confidential information that is neither material or necessary to the Connecticut
Action, and/or which requests are properly aimed at Brad Zackson, who is party to the Connecticut
Action, and also owns and controls Brad's Companies2 that Petitioner has nothing to do with.
5. Petitioner has set forth the facts and legal arguments in support of this Petition in
the Memorandum of Law in Support of Petition to Quash Subpoena and for Issuance of a
Protective Order, the Affirmation of Darren R. Marks, Esq. (the "Marks Affirmation"), the
Affirmation of Kamran Hakim (the "Hakim Affirmation"), and the exhibits thereto, and he
incorporates these papers by reference as if fully set forth herein.
6. Petitioner and Respondent have met in good faith to try and resolve this matter
without judicial intervention, and were unable to do so.
7. For all the foregoing reasons, the Hakim Subpoena should be quashed, or in the
alternative modified, and/or limited pursuant to CPLR § 3103 and § 2304.
2
The entities Respondent names in the Hakim Subpoena that are subsequently defined as "Brad's
Companies" are including, but not limited to: Barbara's Boy Management Corp; Best Boy
Partners; Starscape Development, LLC; Dynamic Star LLC; Dynamic Star II LLC; Dynamic
Star III, LLC; Dynamic Star IV LLC; Dynamic Star V LLC; Dynamic Worldwide Group LLC;
and/or Queens Plaza South LLC.
2
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FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024
8. Pursuant to CPLR § 3103(b) the deposition noticed in the Hakim Subpoena and the
disclosure called for therein is suspended until the Petition is resolved.
WHEREFORE, it is respectfully requested that Petitioner's application should be granted
in its entirety, together with such other and further relief as is just and proper.
Dated: New York, New York
January 5, 2024
LTSCHULER,
arren R. Marks, Esq.
Nicole E. Meyer, Esq.
377 Broadway, 6th Floor
New York, New York 10013
Tel: (212) 431-1300
Fax: (646) 349-4135
Email: dmarks@borahgoldstein.com
nmeyer@borahgoldstein.com
Attorneys for Petitioner
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VERIFICATION
KAMRAM HAKIM hereby affirms the following to be true under the penalties of
perjury pursuant to CPLR § 2106:
1. I am the Petitioner in this proceeding.
2. That I have read the foregoing Petition and know the contents thereof and that the
same are true to my own knowledge, except as to those matters therein stated to be alleged upon
information and belief, and that as to those matters, I believe them to be true.
3. The source of my information and belief are oral statements, books and records
maintained by Petitioner, my agents and/or employees and such materials contained in my files.
I affirm this 5th day of January, 2024, under the penalties of perjury under the laws of
New York, which may include a fine or imprisonment, that the foregoing is true, and I
understand that this document may be filed in an action or proceeding in a court of law.
!6-=~
KAMRAN HAKIM
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Preview
FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the matter of a Petition to Quash a Subpoena and Index No.: for Issuance of a Protective Order VERIFIED PETITION TO KAMRAN HAKIM, QUASH SUBPOENA AND FOR ISSUANCE OF A Petitioner, PROTECTIVE ORDER WDITH ZACKSON, Respondent. In connection with an action pending in the State of Connecticut, Superior Court for the Judicial District of Stamford/Norwalk at Stamford, entitled: Brad Zackson v. Judith Zackson. Docket No. FST-FA22-6056778-S Petitioner', by his attorneys, as and for its Petition against Respondent, alleges as follows: 1. This Special Proceeding is brought pursuant to CPLR § 3119(e), which provides that an application to a court for a protective order or to enforce, quash, or modify an out-of-state subpoena must comply with the rules or statutes of this State and must be submitted to the court in the County in which discovery is to be conducted. •. 2. Petitioner requests that this Court issue an order pursuant to CPLR §§ 3119(e), 3101, 3103, and 2304: (i) an order quashing, or, in the alternative, modifying and/or limiting the non-party subpoena served by Judith Zackson ("Respondent") on Kamran Hakim which includes a deposition noticed for Kamran Hakim and the disclosure demanded therein (the "Hakim Subpoena"); (ii) entry of a protective order with respect to the overly broad and improper discovery and deposition demands set forth in the Hakim Subpoena; and (iii) such other relief as the Court deems just and proper, together with the costs of the Petition. 1 Capitalized terms used herein and not otherwise defined shall have the same meaning as previously defined. 1 of 4 FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024 3. The Hakim Supboena was issued by Respondent in connection with an action pending in Connecticut Superior Court for the Judicial District of Stamford/Norwalk at Stamford, entitled: Brad Zackson v. Judith Zackson. Docket No. FST-FA22-6056778-S (hereinafter, the "Connecticut Action"). 4. Respondent served The Hakim Subpoena seeking, inter alia, documents and testimony on Petitioner. The Hakim Subpoena should be quashed, modified, and/or limited, as it contains a number of overly broad and unduly harassing requests for information and testimony as to entities in which Petitioner does not have an interest, requests improperly seeking to probe proprietary and confidential information that is neither material or necessary to the Connecticut Action, and/or which requests are properly aimed at Brad Zackson, who is party to the Connecticut Action, and also owns and controls Brad's Companies2 that Petitioner has nothing to do with. 5. Petitioner has set forth the facts and legal arguments in support of this Petition in the Memorandum of Law in Support of Petition to Quash Subpoena and for Issuance of a Protective Order, the Affirmation of Darren R. Marks, Esq. (the "Marks Affirmation"), the Affirmation of Kamran Hakim (the "Hakim Affirmation"), and the exhibits thereto, and he incorporates these papers by reference as if fully set forth herein. 6. Petitioner and Respondent have met in good faith to try and resolve this matter without judicial intervention, and were unable to do so. 7. For all the foregoing reasons, the Hakim Subpoena should be quashed, or in the alternative modified, and/or limited pursuant to CPLR § 3103 and § 2304. 2 The entities Respondent names in the Hakim Subpoena that are subsequently defined as "Brad's Companies" are including, but not limited to: Barbara's Boy Management Corp; Best Boy Partners; Starscape Development, LLC; Dynamic Star LLC; Dynamic Star II LLC; Dynamic Star III, LLC; Dynamic Star IV LLC; Dynamic Star V LLC; Dynamic Worldwide Group LLC; and/or Queens Plaza South LLC. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024 8. Pursuant to CPLR § 3103(b) the deposition noticed in the Hakim Subpoena and the disclosure called for therein is suspended until the Petition is resolved. WHEREFORE, it is respectfully requested that Petitioner's application should be granted in its entirety, together with such other and further relief as is just and proper. Dated: New York, New York January 5, 2024 LTSCHULER, arren R. Marks, Esq. Nicole E. Meyer, Esq. 377 Broadway, 6th Floor New York, New York 10013 Tel: (212) 431-1300 Fax: (646) 349-4135 Email: dmarks@borahgoldstein.com nmeyer@borahgoldstein.com Attorneys for Petitioner 3 3 of 4 FILED: NEW YORK COUNTY CLERK 01/09/2024 12:52 PM INDEX NO. 150205/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2024 VERIFICATION KAMRAM HAKIM hereby affirms the following to be true under the penalties of perjury pursuant to CPLR § 2106: 1. I am the Petitioner in this proceeding. 2. That I have read the foregoing Petition and know the contents thereof and that the same are true to my own knowledge, except as to those matters therein stated to be alleged upon information and belief, and that as to those matters, I believe them to be true. 3. The source of my information and belief are oral statements, books and records maintained by Petitioner, my agents and/or employees and such materials contained in my files. I affirm this 5th day of January, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. !6-=~ KAMRAN HAKIM 4 4 of 4