Preview
FILED: NASSAU COUNTY CLERK 10/31/2023 12:24 PM INDEX NO. 617308/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/31/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Attorney: Abrams Fensterman LLP
X
THE BAY AT HIGHLANDS HEALTH AND
REHABILITATION CENTER, LLC and THE BAY AT
DYERSBURG HEALTH AND REHABILITATION
CENTER, LLC, Index No.: 617308/2023
Plaintiffs, Filed: 10/25/2023
-against-
AFFIDAVIT OF
TN MEM OP, LLC, TN DYER OP, LLC, CHAIM SERVICE
LEIBOWITZ and DAVID ENGLANDER
Defendants.
X
STATE OF NEW YORK: COUNTY OF NASSAU: ss:
THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS: DEPONENT IS NOT A PARTY TO THIS
ACTION AND IS OVER THE AGE OF 18 YEARS AND RESIDES WITHIN THE STATE OF NEW JERSEY.
That on October 30, 2023 at 1:25 P.M. at 163 Harborview N., Lawrence, N.Y. 11559 Deponent served the within Summons with Notice,
with Notice of Electronic Filing, upon the Defendant, DAVID ENGLANDER, by affixing a true copy to the door of the person's actual
place of business, dwelling or usual place of abode. Deponent was unable, with due diligence, to find the person named therein, having
called there:
On: October 25, 2023 at 4:15 P.M. at 548 Cedarwood Drive, Cedarhurst, N.Y. 11516. The house that we believed to be David Englander's
residence was a vacant lot under construction.
On: October 26, 2023 at 7:50 A.M. at 163 Harborview N., Lawrence, N.Y. 11559. Deponent knocked on the door of David Englander's
residence. A man asked who I was without opening the door. I explained that I had documents to serve upon the Defendant, David
outside"
Englander. He replied 'leave the documents and refused to open the door and accept service.
On: October 26, 2023 at 8:10 P.M. at 163 Harborview N., Lawrence, N.Y. 11559. There was no answer at the door.
On: October 30, 2023 at 1:25 P.M. at 163 Harborview N., Lawrence, N.Y. 11559. I explained to a woman who would not open the door
that I had documents to serve upon David Englander. She told me to come back later and refused to open the door.
On October 31, 2023 Deponent also served another copy thereof by First Class Mail in a post- paid, sealed wrapper, marked PERSONAL
& CONFIDENTIAL, addressed to DAVID ENGLANDER, at the aforesaid address: 163 Harborview N., Lawrence, N.Y. I1559 and
deposited said wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service.
Sworn to before me on
October 31, 2023 Darren Gassman
License No. 2104729-DCA
Notary Public Gotcha Process Service
EVA GARBANZO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01GA6392057
Qualified in Nassau County
Commission Expires May 20, 2031
1 of 2
FILED: NASSAU COUNTY CLERK 10/31/2023 12:24 PM INDEX NO. 617308/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/31/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU ATTORNEY: Abrams, Fensterman, LLP
X
THE BAY AT HIGHLANDS HEALTH AND
REHABILITATION CENTER, LLC, and THE BAY AT
DYERSBURG HEALTH AND REHABILITATION
CENTER, LLC,
Index No. 617308/2023
Plaintiffs, Filed: 10/25/2023
-against-
TN MEM OP, LLC, TN DYER OP, LLC, CHAIM
LEIBOWITZ and DAVID ENGLANDER, AFFIDAVIT OF
SERVICE
Defendants.
X
STATE OF NEW YORK: COUNTY OF NASSAU: ss:
THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS: DEPONENT IS NOT A PARTY TO THIS
ACTION AND IS OVER THE AGE OF 18 YEARS AND RESIDES WITHIN THE STATE OF NEW JERSEY.
That on October 26, 2023 at 8:15 A.M. at 11 Park Circle, Cedarhurst, N.Y. 11516 Deponent served the within Summons with
Notice, with Notice of Electronic Filing, upon the Defendant, CHAIM LEIBOWITZ, by delivering a true copy thereof to the
Defendant, CHAIM LEIBOWITZ. The documents were accepted by Rifke Leibowitz, Chaim Leibowitz's wife.
Deponent described the individual served as follows:
S_ex Skin Color Hair Color Age Height Weight
5'5"
F White Wore a scarf 30 110 lbs.
(Non-Military)
Deponent asked the recipient whether she was in the active military of the United States or of the State of New York in any capacity
whatsoever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. Upon information and
belief I aver that the Defendant is not in the military service of New York State or of the United States as the term is defined in either
the State or in the Federal Statues.
On October 27, 2023 Deponent also served copy thereof by First Class Mail in a post-paid,
another sealed wrapper, marked
PERSONAL & CONFIDENTIAL, addressed to CHAIM LEIBOWITZ, at the aforesaid address: 11 Park Circle, Cedarhurst, N.Y.
11516 and deposited said wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service.
( X ) The Index No. and Date of Filing were endorsed upon the documents so served.
Sworn to before me on
October 31, 2023
Darren Gassman
License No. 2104729-DCA
Nota ic
Gotcha Process Service
EVA GARBANZO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01GA6392057
Qualified in Nassau County
Commission Expires May 20, 20..21
2 of 2
Preview
FILED: NASSAU COUNTY CLERK 10/31/2023 12:24 PM INDEX NO. 617308/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Attorney: Abrams Fensterman LLP X THE BAY AT HIGHLANDS HEALTH AND REHABILITATION CENTER, LLC and THE BAY AT DYERSBURG HEALTH AND REHABILITATION CENTER, LLC, Index No.: 617308/2023 Plaintiffs, Filed: 10/25/2023 -against- AFFIDAVIT OF TN MEM OP, LLC, TN DYER OP, LLC, CHAIM SERVICE LEIBOWITZ and DAVID ENGLANDER Defendants. X STATE OF NEW YORK: COUNTY OF NASSAU: ss: THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS: DEPONENT IS NOT A PARTY TO THIS ACTION AND IS OVER THE AGE OF 18 YEARS AND RESIDES WITHIN THE STATE OF NEW JERSEY. That on October 30, 2023 at 1:25 P.M. at 163 Harborview N., Lawrence, N.Y. 11559 Deponent served the within Summons with Notice, with Notice of Electronic Filing, upon the Defendant, DAVID ENGLANDER, by affixing a true copy to the door of the person's actual place of business, dwelling or usual place of abode. Deponent was unable, with due diligence, to find the person named therein, having called there: On: October 25, 2023 at 4:15 P.M. at 548 Cedarwood Drive, Cedarhurst, N.Y. 11516. The house that we believed to be David Englander's residence was a vacant lot under construction. On: October 26, 2023 at 7:50 A.M. at 163 Harborview N., Lawrence, N.Y. 11559. Deponent knocked on the door of David Englander's residence. A man asked who I was without opening the door. I explained that I had documents to serve upon the Defendant, David outside" Englander. He replied 'leave the documents and refused to open the door and accept service. On: October 26, 2023 at 8:10 P.M. at 163 Harborview N., Lawrence, N.Y. 11559. There was no answer at the door. On: October 30, 2023 at 1:25 P.M. at 163 Harborview N., Lawrence, N.Y. 11559. I explained to a woman who would not open the door that I had documents to serve upon David Englander. She told me to come back later and refused to open the door. On October 31, 2023 Deponent also served another copy thereof by First Class Mail in a post- paid, sealed wrapper, marked PERSONAL & CONFIDENTIAL, addressed to DAVID ENGLANDER, at the aforesaid address: 163 Harborview N., Lawrence, N.Y. I1559 and deposited said wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service. Sworn to before me on October 31, 2023 Darren Gassman License No. 2104729-DCA Notary Public Gotcha Process Service EVA GARBANZO NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01GA6392057 Qualified in Nassau County Commission Expires May 20, 2031 1 of 2 FILED: NASSAU COUNTY CLERK 10/31/2023 12:24 PM INDEX NO. 617308/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ATTORNEY: Abrams, Fensterman, LLP X THE BAY AT HIGHLANDS HEALTH AND REHABILITATION CENTER, LLC, and THE BAY AT DYERSBURG HEALTH AND REHABILITATION CENTER, LLC, Index No. 617308/2023 Plaintiffs, Filed: 10/25/2023 -against- TN MEM OP, LLC, TN DYER OP, LLC, CHAIM LEIBOWITZ and DAVID ENGLANDER, AFFIDAVIT OF SERVICE Defendants. X STATE OF NEW YORK: COUNTY OF NASSAU: ss: THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS: DEPONENT IS NOT A PARTY TO THIS ACTION AND IS OVER THE AGE OF 18 YEARS AND RESIDES WITHIN THE STATE OF NEW JERSEY. That on October 26, 2023 at 8:15 A.M. at 11 Park Circle, Cedarhurst, N.Y. 11516 Deponent served the within Summons with Notice, with Notice of Electronic Filing, upon the Defendant, CHAIM LEIBOWITZ, by delivering a true copy thereof to the Defendant, CHAIM LEIBOWITZ. The documents were accepted by Rifke Leibowitz, Chaim Leibowitz's wife. Deponent described the individual served as follows: S_ex Skin Color Hair Color Age Height Weight 5'5" F White Wore a scarf 30 110 lbs. (Non-Military) Deponent asked the recipient whether she was in the active military of the United States or of the State of New York in any capacity whatsoever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. Upon information and belief I aver that the Defendant is not in the military service of New York State or of the United States as the term is defined in either the State or in the Federal Statues. On October 27, 2023 Deponent also served copy thereof by First Class Mail in a post-paid, another sealed wrapper, marked PERSONAL & CONFIDENTIAL, addressed to CHAIM LEIBOWITZ, at the aforesaid address: 11 Park Circle, Cedarhurst, N.Y. 11516 and deposited said wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service. ( X ) The Index No. and Date of Filing were endorsed upon the documents so served. Sworn to before me on October 31, 2023 Darren Gassman License No. 2104729-DCA Nota ic Gotcha Process Service EVA GARBANZO NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01GA6392057 Qualified in Nassau County Commission Expires May 20, 20..21 2 of 2