Preview
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
EXHIBIT B
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
A " Allegaert Berger & Vogel LLP A ORNEYS
111 Broadway, 20th Floor
David A Shaiman
Ilew York, Hew York 10006
Direct: 212.616.7051
dshalman@abv.com
1199 Route 22 East
Mountainside, Hew Jersey 07092
908.228.8500
908.228.8515 Fax
15 liorth Main Street, Suite 100
September 13, 2023 o 7
860.650.1901 Fax
www.ABV.corn
BY HAND
Mr. Steven Ostad
10 East 29th Street, PH B
New York, New York 10016
Shaun Moamem v. Steven Ostad,
(Supreme Court, Nassau County, Index No. 613457/2023)
Dear Mr. Ostad:
We represent Judgment Creditor Shaun Moamem in connection with the
enforcement of the Judgment he obtained against you in the above-referenced action, a copy of
which is attached for your reference.
Enclosed please find a prepaid envelope and two copies of the following: (1)
Notice of Entry of Judgement; (2) Subpoena (Duces Tecum) to Take Deposition of Judgment
Debtor Steven Ostad with Restraining Notice; (3) Information Subpoena; (4) Questions and
Answers in connection with the Information Subpoena; (5) Notice to Judgment Debtor; and (6)
Subpoenas Duces Tecum with Restraining Notices to JP Morgan Chase Bank, N.A., TD Bank,
N.A. Capital One Financial Corporation, New York Community Bank, Bank of America,
Citibank, Wells Fargo, HSBC, and Flagstar Bank.
Also enclosed are documents for service to a number of entities of which we
understand you are a member. A list of the entities, and the documents enclosed, are listed in the
below chart:
Entity Name Documents Enclosed for Service
1. Real Quick Capital LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information
Subpoena; (4) Questions and Answers in
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
A " Allegaert Berger & Vogel LLP
Mr. Steven Ostad
September 13, 2023
Page 2
connection with the Information Subpoena;
(4) Check for Witness Fee; and (5) Notice to
Judgement Debtor or Obligor.
2. Empire City NY Realty LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information
Subpoena; (4) Questions and Answers in
connection with the Information Subpoena;
(4) Check for Witness Fee; and (5) Notice to
Judgement Debtor or Obligor.
3. SOSO Equities a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information
Subpoena; (4) Questions and Answers in
connection with the Information Subpoena;
(4) Check for Witness Fee; and (5) Notice to
Judgement Debtor or Obligor.
4. 36 West 1lth Street BH, LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information
Subpoena; (4) Questions and Answers in
connection with the Information Subpoena;
(4) Check for Witness Fee; and (5) Notice to
Judgement Debtor or Obligor.
Please govern yourself accordingly.
Sincerely,
David A. Shaiman
Enclosures
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------Ç
:
SHAUN MOAMEM : Index No. 613457/2023
Plaintiff, : NOTICE OF ENTRY
: OF JUDGMENT
-against- :
STEVEN OSTAD, :
:
Defendant. :
----------------------------...-----------------------Ç
PLEASE TAKE NOTICE, that attached hereto is a true and correct copy of a
Judgment dated August 14, 2023 that was entered in the office of the Clerk of the County of
Nassau on August 22, 2023.
Dated: New York, New York
September 12, 2023
ALLEGAERT BERGER & VOGEL LLP
By: s/David A. Shaiman
David A. Berger
David A. Shaiman
111 Broadway, 20th Floor
New York, New York 10006
(212) 571-0550
Attorneys for Plaintiff
Shaun Moamem
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
INDEX NO. 613457/2023
FILED : NASSAU COUNTY CLERK :
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023
Nassau County
Maureen OConnell
County Clerk
Mineola, NY 11501
61 202300138917
Ref ID#: EC 23 613457 Instrument Number: 2023- 00138917
As
JE1-ELECTJUDGSUPREMECOURTMONEY
Recorded On:
Pardes. August 22, 2023
SHAUNMOAMEM
TO
STEVEN OSTAD Num Of Pages: 6
Recorded By: ANDERsON LAW Comment:
** **
Examined and Charged as Follows:
JE1 - ELECT JUDG SUPREME CC 000
Recording Charge: 0.00
** **
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY
File Information: Record and Return To:
Document Number: 2023-00138917
Receipt Number: 2968689
Recorded Date/Time: August 22, 2023 01:57:29P
Book-Vol/Pg: Bk-K Vl-891 Pg-195
Cashier / Station: 0 KMS / NCCL-DW967X2
County Clerk gugoureen O'ConneBA
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INDEX NO. 613457/2023
FILED : NASSAU COUNTY CLERK 20 09:
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
SHAUN MOAMEM, Index No.:
Plaintiff,
- against - JUDGMENT BY CONFESSION
STEVEN OSTAD,
Defendant.
Amount Confessed $751,666.67
Default Fee $7,500.00
Interest (3// 23 $6,178.08 O
Default Interest $18,946.12 O
Subtotal $784,290.87
Attorney's Fees $ 25,000.00
Filing Fee $ 210.00
Total $809,500.87
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned, an attorney admitted to practice in the courts of this state, affirms: that he
is a Partner at the firm of ANDERSON LAW PLLC, the attorneys of record for the Plaintiff
in the above entitled action; that the foregoing disbursements have been or will necessarily
be made or incurred in this action and are reasonable in amount. The undersigned affirms
the foregoing under the penalties of perjury.
Dated: New York, New York ANDERSON LAW
August 14, 2023 Attorneys for Shaun Moamem
By: Is/ Gregory A. Byrnes
Gregory A. Byrnes
104 W 27th Street, 1 l th Floor
New York, New York 1000 1
(212) 466-6570
gregory@andersonlaw.nyc
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FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
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INDEX NO. 613457 /2023
FILED : NASSAU COUNTY CLERK 8 2 2 :
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023
Judgment entered this ay of , 2023
o'
On the fore g affidavit of confession of judgment made by the defendant herein,
filing
sworn to on the ay of "Tu#8 , 2023
Now, upon motion of Anderson Law, PLLC, attorneys for plaintiff, it is,
ADJUDGED that Shaun Moamem, plaintiff, located at 24 Harbor Hill Road, Huntington,
New York I1743, recover from and have judgment against defendant Steven Ostad,
located at 7 Stone Arch Road, Old Westbury, New York I 1568 the sum of $784,290.87, c o
together with costs and disbursements of p.op amounting in all to $809,500.87, 2f
//
and that Plaintiff have execution thereon
Judgment entered this day of / , 2023
CLERK,
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INDEX NO. 6134 57 /2023
FILED: NASSAU COUNTY CLERK :
NYSSBfkoB00simeocutENT uns NOT YET BEEN REVIENED BY THE COUNTY CLERK. (See below.) RECEIVE@EN¢f 9CEFUNS8DT24hn2i022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_________________..__.. . . ..-- x
SHAUN MOAMEM, : Index No.
Plaintiff,
AFFIDAVIT OF
CONFESSION OF
-against-
JUDGMENT
:
STEVEN OSTAD,
:
Defendant. .
---_______------__________ Ç
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Steven Ostad ("Defendant") being duly swom, does hereby depose and say:
1. I am the Defendant herein and make this affidavit under the penalty of perjury and
pursuant to the provisions of Section 3218 ofthe Civil Practice Law and Rules of the State ofNew
York.
2. I am a resident at 7 Stone Arch Road, Old Westbury, New York 11568 .
3. I authorize the entry ofjudgment by Plaintiff in Suffolk County.
4. I acknowledge that this Confession of Judgment has been executed with the intent
to waive all rights that I may have to appear in any action and defend the same, to notice of enter
This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCAR S202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County clerk. Because court rules (22 NYCRR $202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk.
4 of 6
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024
INDEX NO. 613457/2023
FILED: NASSAU COUNTY CLERK :
NYSOEtritBOCrptgonCtesaNT HAS NOT YET BEEN REVIEWED BY THE COtJNTY CLERK. (See below.) RECEIVidfPFiffst BFUNoG FMM23
NYSCEF DOC. NO. 1 RECE1VED NYSCEF: 08/14 /2023
or intended entry of Judgment, to the domestication of such Judgment in any other jurisdiction or
county.
5. This confession ofjudgment is for a debt justly due to the PlaintitTarising from the
following facts: I executed an amended promissory note dated March 13. 2023 ("Promissory Note")
memorializing the repayment of monetary and non-monetary investments and debt into real estate
ventures for the following properties: (1) 8 North Cape Lane, East Hampton, New York 11937;
and (2) 6 Grape Harbor, East Hampton, New York I 1937.
6. Under the Promissory Note, I agreed to pay the principal sum of $751,666.67 to
Plaintiff in three installments as follows: (i) $150,000 on or before May 12, 2023, plus interest
accrued at the rate of 5%, (ii) $50,000 on or before July 11, 2023. plus interest accrued at the rate
of 5%, and (iii) $551,667.67 on or before March 12, 2024, plus interest accrued at the rate of 5°/o.
In addition to principal and interest, I agreed to pay a one-time default fee of5% of any missed
payments, default interest at the rate of 10% per annum, and pay prevailing party costs, expenses,
attorneys'
and fees,
7. I defaulted on my May 12, 2023, installment payment and this confession of
judgment was entered into as a condition for an extension to make the obligated installment
payments under the Promissory Note. As a condition of this Judgment, I agree to pay all amounts
due under the Promissory Note and all of Plaintiff's legal fees from the date of default.
8. This confession of judgment is not for the purpose of securing Plaintiff against a
"consumer"
contingent liability, and the debt hereinabove referred to was not a debt.
9. I have reviewed this confession of Judgment and have consulted with legal counsel.
10. I agree that Plaintiff reserves his rights to collect all other amounts due under the
Promissory Note.
This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR 5202.5-b(d) (3) (i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County clerk. Because court rules (22 NYCRR s202.5(d)) authorize the County clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clark.
5 of 6
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INDEX NO. 613457/2023
FILED : NASSAU COUNTY CLERK :
NYSORRISOCrJt1N@oct4gENT HAS NOT YET BEEN REVIENED BY THE COUNTY CLERK. (See below-) RECEIVMPEN¥$ EF41Nô8_I24t/I2I023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/14/2023
1 I. I hereby confess to judgment and authorize entry of judgment in the Supreme Court
of the State of New York, County of New York, in the amount of $751,666.67, plus a default fee
in the amount of $7,500, plus simple interest calculated at the rate of 5% from March 13, 2023
through 12, 2023, and at the rate of 10% from May 13, 2023 until the full repayment, plus
May
costs and disbursements, plus legal fees to Plaintiff in the amount of $25,000.
Dated: June 21, 2023
teven Ostad, Defendant
Sworn to before me this of
June, 2023
'
Notary P ic
.ioROANS.DAVLS
NotaryPubne,StatoolNewfolk
No.020A6442379
QuaRSedinNewYorkCoun
Comrnissaon shu.
This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR 5202.5-b(d) (3) (1))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR S202.5[d)) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk.
6 of 6
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC.
. - -
NO. 9 RECEIVED NYSCEF: 02/05/2024
. n .. I e #-af= asibpoena
emtakedepos of leegment
inoug DutnerandInpingines
ticoltsanglracerds
(dases
tecung) O f 976 ev .IULnseBt.tmem O,IMc.,
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of blontyJudgreest:
BlankCouN.I.95 Punu3HINo. NYC 100 O3
a
SHAUN MOAMEM Index No. 613457/2023
SUBPOENA
Plainn§
against (Duces Tecum)
To Take Deposition of
STEVEN OSTAD
Judgment Debtor
Defendant with Restr ng Notice
li
n %¼e
f ea pe of the #fate of }Tefa yark
5 TO Steven Ostad
judgment debtor GREETING:
Address: 10 East 29th Street, Penthouse B, New York, NY 10016
WHEREAS, in an action in the Supreme Court the State of New York
of
County of NASSAU benveen Shaun Moamem
su
as plaintif(s) and
Steven Ostad
as defendant(s)
who are all the parries named in said action, a judgment was entered on August 22, 2023 in favor of
Shaun Moamem judgment creditor and against
Steven Ostad judgment debtor
in the amounr of $ 809,500.87 of which $ 809,500.87 together with interest thereon
from August 22, 2023 remains due and unpaid; and
WHERBAS, the judgment debtor; resides; is regedarly employed; has an opice for the regular transaction of business in
person; in New York County.
88 WE COMMAND YOU to appear and attend before David A. Berger or David A. Shaiman
at Allegaert Berger & Vogel LLP, I11 Broadway, 20th Floor, New York, New York 10006
on October 26, 2023 at 10:00 A. M. and at any recessed or adjourned dare for the
taking of a deposition under oath upon oral or written questions on all matters relevant to the satisfaction of such judgment;
or AND WE FURTHER COMMAND YOU to produce for examination at such time and place the following books, papers
and
reconis:See attached Schedule A, and answers to the questions set forth in the enclosed information subpoena,
a.
and all other books, papers and records in your possession or control which have or may contain information conceming your
property, income or other means relevant to the satisfaction of e jledgment;
a.
TAKE
Preview
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 EXHIBIT B FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 A " Allegaert Berger & Vogel LLP A ORNEYS 111 Broadway, 20th Floor David A Shaiman Ilew York, Hew York 10006 Direct: 212.616.7051 dshalman@abv.com 1199 Route 22 East Mountainside, Hew Jersey 07092 908.228.8500 908.228.8515 Fax 15 liorth Main Street, Suite 100 September 13, 2023 o 7 860.650.1901 Fax www.ABV.corn BY HAND Mr. Steven Ostad 10 East 29th Street, PH B New York, New York 10016 Shaun Moamem v. Steven Ostad, (Supreme Court, Nassau County, Index No. 613457/2023) Dear Mr. Ostad: We represent Judgment Creditor Shaun Moamem in connection with the enforcement of the Judgment he obtained against you in the above-referenced action, a copy of which is attached for your reference. Enclosed please find a prepaid envelope and two copies of the following: (1) Notice of Entry of Judgement; (2) Subpoena (Duces Tecum) to Take Deposition of Judgment Debtor Steven Ostad with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (5) Notice to Judgment Debtor; and (6) Subpoenas Duces Tecum with Restraining Notices to JP Morgan Chase Bank, N.A., TD Bank, N.A. Capital One Financial Corporation, New York Community Bank, Bank of America, Citibank, Wells Fargo, HSBC, and Flagstar Bank. Also enclosed are documents for service to a number of entities of which we understand you are a member. A list of the entities, and the documents enclosed, are listed in the below chart: Entity Name Documents Enclosed for Service 1. Real Quick Capital LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 A " Allegaert Berger & Vogel LLP Mr. Steven Ostad September 13, 2023 Page 2 connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 2. Empire City NY Realty LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 3. SOSO Equities a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 4. 36 West 1lth Street BH, LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. Please govern yourself accordingly. Sincerely, David A. Shaiman Enclosures FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------Ç : SHAUN MOAMEM : Index No. 613457/2023 Plaintiff, : NOTICE OF ENTRY : OF JUDGMENT -against- : STEVEN OSTAD, : : Defendant. : ----------------------------...-----------------------Ç PLEASE TAKE NOTICE, that attached hereto is a true and correct copy of a Judgment dated August 14, 2023 that was entered in the office of the Clerk of the County of Nassau on August 22, 2023. Dated: New York, New York September 12, 2023 ALLEGAERT BERGER & VOGEL LLP By: s/David A. Shaiman David A. Berger David A. Shaiman 111 Broadway, 20th Floor New York, New York 10006 (212) 571-0550 Attorneys for Plaintiff Shaun Moamem FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 613457/2023 FILED : NASSAU COUNTY CLERK : NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023 Nassau County Maureen OConnell County Clerk Mineola, NY 11501 61 202300138917 Ref ID#: EC 23 613457 Instrument Number: 2023- 00138917 As JE1-ELECTJUDGSUPREMECOURTMONEY Recorded On: Pardes. August 22, 2023 SHAUNMOAMEM TO STEVEN OSTAD Num Of Pages: 6 Recorded By: ANDERsON LAW Comment: ** ** Examined and Charged as Follows: JE1 - ELECT JUDG SUPREME CC 000 Recording Charge: 0.00 ** ** THIS PAGE IS PART OF THE INSTRUMENT I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY File Information: Record and Return To: Document Number: 2023-00138917 Receipt Number: 2968689 Recorded Date/Time: August 22, 2023 01:57:29P Book-Vol/Pg: Bk-K Vl-891 Pg-195 Cashier / Station: 0 KMS / NCCL-DW967X2 County Clerk gugoureen O'ConneBA 1 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 613457/2023 FILED : NASSAU COUNTY CLERK 20 09: NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU SHAUN MOAMEM, Index No.: Plaintiff, - against - JUDGMENT BY CONFESSION STEVEN OSTAD, Defendant. Amount Confessed $751,666.67 Default Fee $7,500.00 Interest (3// 23 $6,178.08 O Default Interest $18,946.12 O Subtotal $784,290.87 Attorney's Fees $ 25,000.00 Filing Fee $ 210.00 Total $809,500.87 STATE OF NEW YORK, COUNTY OF NASSAU The undersigned, an attorney admitted to practice in the courts of this state, affirms: that he is a Partner at the firm of ANDERSON LAW PLLC, the attorneys of record for the Plaintiff in the above entitled action; that the foregoing disbursements have been or will necessarily be made or incurred in this action and are reasonable in amount. The undersigned affirms the foregoing under the penalties of perjury. Dated: New York, New York ANDERSON LAW August 14, 2023 Attorneys for Shaun Moamem By: Is/ Gregory A. Byrnes Gregory A. Byrnes 104 W 27th Street, 1 l th Floor New York, New York 1000 1 (212) 466-6570 gregory@andersonlaw.nyc 2 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 613457 /2023 FILED : NASSAU COUNTY CLERK 8 2 2 : NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/24/2023 Judgment entered this ay of , 2023 o' On the fore g affidavit of confession of judgment made by the defendant herein, filing sworn to on the ay of "Tu#8 , 2023 Now, upon motion of Anderson Law, PLLC, attorneys for plaintiff, it is, ADJUDGED that Shaun Moamem, plaintiff, located at 24 Harbor Hill Road, Huntington, New York I1743, recover from and have judgment against defendant Steven Ostad, located at 7 Stone Arch Road, Old Westbury, New York I 1568 the sum of $784,290.87, c o together with costs and disbursements of p.op amounting in all to $809,500.87, 2f // and that Plaintiff have execution thereon Judgment entered this day of / , 2023 CLERK, 3 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 6134 57 /2023 FILED: NASSAU COUNTY CLERK : NYSSBfkoB00simeocutENT uns NOT YET BEEN REVIENED BY THE COUNTY CLERK. (See below.) RECEIVE@EN¢f 9CEFUNS8DT24hn2i022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _________________..__.. . . ..-- x SHAUN MOAMEM, : Index No. Plaintiff, AFFIDAVIT OF CONFESSION OF -against- JUDGMENT : STEVEN OSTAD, : Defendant. . ---_______------__________ Ç STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Steven Ostad ("Defendant") being duly swom, does hereby depose and say: 1. I am the Defendant herein and make this affidavit under the penalty of perjury and pursuant to the provisions of Section 3218 ofthe Civil Practice Law and Rules of the State ofNew York. 2. I am a resident at 7 Stone Arch Road, Old Westbury, New York 11568 . 3. I authorize the entry ofjudgment by Plaintiff in Suffolk County. 4. I acknowledge that this Confession of Judgment has been executed with the intent to waive all rights that I may have to appear in any action and defend the same, to notice of enter This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCAR S202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County clerk. Because court rules (22 NYCRR $202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 4 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 613457/2023 FILED: NASSAU COUNTY CLERK : NYSOEtritBOCrptgonCtesaNT HAS NOT YET BEEN REVIEWED BY THE COtJNTY CLERK. (See below.) RECEIVidfPFiffst BFUNoG FMM23 NYSCEF DOC. NO. 1 RECE1VED NYSCEF: 08/14 /2023 or intended entry of Judgment, to the domestication of such Judgment in any other jurisdiction or county. 5. This confession ofjudgment is for a debt justly due to the PlaintitTarising from the following facts: I executed an amended promissory note dated March 13. 2023 ("Promissory Note") memorializing the repayment of monetary and non-monetary investments and debt into real estate ventures for the following properties: (1) 8 North Cape Lane, East Hampton, New York 11937; and (2) 6 Grape Harbor, East Hampton, New York I 1937. 6. Under the Promissory Note, I agreed to pay the principal sum of $751,666.67 to Plaintiff in three installments as follows: (i) $150,000 on or before May 12, 2023, plus interest accrued at the rate of 5%, (ii) $50,000 on or before July 11, 2023. plus interest accrued at the rate of 5%, and (iii) $551,667.67 on or before March 12, 2024, plus interest accrued at the rate of 5°/o. In addition to principal and interest, I agreed to pay a one-time default fee of5% of any missed payments, default interest at the rate of 10% per annum, and pay prevailing party costs, expenses, attorneys' and fees, 7. I defaulted on my May 12, 2023, installment payment and this confession of judgment was entered into as a condition for an extension to make the obligated installment payments under the Promissory Note. As a condition of this Judgment, I agree to pay all amounts due under the Promissory Note and all of Plaintiff's legal fees from the date of default. 8. This confession of judgment is not for the purpose of securing Plaintiff against a "consumer" contingent liability, and the debt hereinabove referred to was not a debt. 9. I have reviewed this confession of Judgment and have consulted with legal counsel. 10. I agree that Plaintiff reserves his rights to collect all other amounts due under the Promissory Note. This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR 5202.5-b(d) (3) (i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County clerk. Because court rules (22 NYCRR s202.5(d)) authorize the County clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clark. 5 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/05/2024 INDEX NO. 613457/2023 FILED : NASSAU COUNTY CLERK : NYSORRISOCrJt1N@oct4gENT HAS NOT YET BEEN REVIENED BY THE COUNTY CLERK. (See below-) RECEIVMPEN¥$ EF41Nô8_I24t/I2I023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/14/2023 1 I. I hereby confess to judgment and authorize entry of judgment in the Supreme Court of the State of New York, County of New York, in the amount of $751,666.67, plus a default fee in the amount of $7,500, plus simple interest calculated at the rate of 5% from March 13, 2023 through 12, 2023, and at the rate of 10% from May 13, 2023 until the full repayment, plus May costs and disbursements, plus legal fees to Plaintiff in the amount of $25,000. Dated: June 21, 2023 teven Ostad, Defendant Sworn to before me this of June, 2023 ' Notary P ic .ioROANS.DAVLS NotaryPubne,StatoolNewfolk No.020A6442379 QuaRSedinNewYorkCoun Comrnissaon shu. This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR 5202.5-b(d) (3) (1)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by the County Clerk. Because court rules (22 NYCRR S202.5[d)) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 6 of 6 FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. . - - NO. 9 RECEIVED NYSCEF: 02/05/2024 . n .. I e #-af= asibpoena emtakedepos of leegment inoug DutnerandInpingines ticoltsanglracerds (dases tecung) O f 976 ev .IULnseBt.tmem O,IMc., l L3- P :U. I wühRESTRAININo 19OTICE. Enforcemens of blontyJudgreest: BlankCouN.I.95 Punu3HINo. NYC 100 O3 a SHAUN MOAMEM Index No. 613457/2023 SUBPOENA Plainn§ against (Duces Tecum) To Take Deposition of STEVEN OSTAD Judgment Debtor Defendant with Restr ng Notice li n %¼e f ea pe of the #fate of }Tefa yark 5 TO Steven Ostad judgment debtor GREETING: Address: 10 East 29th Street, Penthouse B, New York, NY 10016 WHEREAS, in an action in the Supreme Court the State of New York of County of NASSAU benveen Shaun Moamem su as plaintif(s) and Steven Ostad as defendant(s) who are all the parries named in said action, a judgment was entered on August 22, 2023 in favor of Shaun Moamem judgment creditor and against Steven Ostad judgment debtor in the amounr of $ 809,500.87 of which $ 809,500.87 together with interest thereon from August 22, 2023 remains due and unpaid; and WHERBAS, the judgment debtor; resides; is regedarly employed; has an opice for the regular transaction of business in person; in New York County. 88 WE COMMAND YOU to appear and attend before David A. Berger or David A. Shaiman at Allegaert Berger & Vogel LLP, I11 Broadway, 20th Floor, New York, New York 10006 on October 26, 2023 at 10:00 A. M. and at any recessed or adjourned dare for the taking of a deposition under oath upon oral or written questions on all matters relevant to the satisfaction of such judgment; or AND WE FURTHER COMMAND YOU to produce for examination at such time and place the following books, papers and reconis:See attached Schedule A, and answers to the questions set forth in the enclosed information subpoena, a. and all other books, papers and records in your possession or control which have or may contain information conceming your property, income or other means relevant to the satisfaction of e jledgment; a. TAKE