Preview
FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
----------------------------------------------------------------------X Index No. 031313/2024
SEGELMAN SHAW LLC,
AFFIRMAITON IN SUPPORT
Plaintiff, OF PLAINTIFF’S ORDER TO
SHOW CAUSE FOR
-against-
TEMPORARY RESTRAINING
ZIV LOZON and PREMIUM CONSTRUCTION & ORDER
DEVELOPMENT INC, &
(PENDING A HEARING)
Defendants. PRELIMINARY INJUNCTION
---------------------------------------------------------------------X
I, ROBERT LORENC, am an attorney duly admitted to practice before the courts of the
state of New York, affirm the truth of the following under the penalties of perjury and makes this
affirmation in support of Plaintiff Segelman Shaw, LLC (“Segelman Shaw”) Order to Show
Cause for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery.
Good Faith Efforts to Notify Defendants in Advance of Order to Show Cause
1. On March 11, 2024, pursuant to Section 202.7(f) of the Uniform Civil Rules for
Supreme and Civil Courts, I made a good faith effort to notify Defendants Ziv Lozon and
Premium Construction & Development Inc by emailing Defendant Ziv Lozon courtesy copies of
the Proposed Order to Show Cause, Affidavit of Murray Shaw, Memorandum of Law in support
thereof and all exhibits made thereto that I intended to file on behalf of Plaintiff, including a
copy of the Summons and Verified Complaint filed and assigned an index number yesterday.
2. Defendant Lozon is a member, officer, and/or owner with an equity interest in
Defendant Premium Construction.
3. My email to Defendant Lozon represented that my office intended to file the
aforementioned pleadings the following day on March 12, 2024 at 1:00p.m. and that the
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FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024
pleadings were being sent to him as a courtesy in the event he and/or his attorney as well as
Defendant Premium Construction’s attorney desired to oppose the emergency application for a
temporary restraining order.
4. My March 11th E-mail is attached herrto as Exhibit L.
Plaintiff’s Customer Data List (Exhibit A)– Redacted
5. Plaintiff’s Customer Data List, being proprietary and confidential information as
well as part of Plaintiff’s trade secrets that the Plaintiff developed from over 20 years of business
(as set forth in further detail in the emergency affidavit of Murray Shaw, the managing member
of Plaintiff Segelman Shaw, as well as in the memorandum of law in support of Plaintiff’s OSC)
has been redacted but for the category field on the first page and the pages that included the
customers that Plaintiff is aware received Defendants’ advertising and promotional emails from
Defendants’ unauthorized use of the Customer Data List.1
6. The Customer Data List consists of approximately 7000 customers with their
respective pedigree information as set forth in the detail in the affidavit of Murray Shaw.
7. I converted the relevant portions of the Customer Data List into a PDF file for e-
filing on NYSECF, reformatting the well over 1,000 pages from its native format, into what
could encompass 66 pages in a readable pdf file.
8. It was my intention to redact the majority of the information on the sixty-six (66)
pages except for those customers who received Defendants’ advertising and promotion emails so
that when it was uploaded to NYSECF the proprietary and confidential information set forth
1
1. Defendant Lozon stole, among other things, the Customer Data List just days before resigning from his
position of trust and confidence as Plaintiff’s director of operations. (Shaw Aff. ¶¶ 6-14).
2
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therein could not be accessed by competitor or be argued to now be in the public domain since
NYSECF itself is within the public domain.
9. Unfortunately, there were technical issues causing my file editing program to
consistently freeze, likely due to the data file being substantially larger than normal.
10. As such, I removed all but the first page and the five (5) pages that contained the
customers who were contacted by the Defendants as previously set forth herein (see highlighted
fields in yellow).
11. As provided in Murray Shaw's Emergency Affidavit, an unredacted copy of the
sixty-six (66) page customer list as well as the actual Customer Data List in its native file format
can be provided to the Court for in camera review upon request.
12. I respectfully request the Court’s guidance as to how best to submit such copies
whether it be by thumb drive or secure e-mail transfer.
WHEREFORE, it is respectfully requested that the Court Order that Defendant be
Temporarily Restrained as set forth in the Emergency Affidavit of Murray Shaw, the
Memorandum of Law, and the Proposed Order to Show Cause that my Affirmation in Support
accompanies.
Dated: March 12, 2024
Robert C. Lorenc
Robert Lorenc, Esq.
The LORENC Law Firm
62 West 45th Street, Suite 903
New York, NY 1003
robert@lorenclaw.com
Attorney for Plaintiff
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FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024
ATTORNEY CERTIFICATION
I, ROBERT C. LORENC, pursuant to Section 202.8-b of the New York State Uniform
Civil Rules for the Supreme Court and County Court, that the foregoing was prepared in a
computer using Microsoft Word.
Word Count. The total number of words in this annexed document, inclusive of point
headings and footnotes and exclusive of pages containing the table of contents, table of authorities,
proof of service, certificate of compliance, or any authorized addendum containing statutes, rules,
regulations, etc. is 621.
Dated: March 12, 2024
Respectfully submitted,
Robert C. Lorenc
Robert C. Lorenc, Esq.
The LORENC Law Firm
62 West 45th Street
Suite 903
New York, NY 10036
212-628-0562 (o)
robert@lorenclaw.com
Attorney for Plaintiff
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Preview
FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ----------------------------------------------------------------------X Index No. 031313/2024 SEGELMAN SHAW LLC, AFFIRMAITON IN SUPPORT Plaintiff, OF PLAINTIFF’S ORDER TO SHOW CAUSE FOR -against- TEMPORARY RESTRAINING ZIV LOZON and PREMIUM CONSTRUCTION & ORDER DEVELOPMENT INC, & (PENDING A HEARING) Defendants. PRELIMINARY INJUNCTION ---------------------------------------------------------------------X I, ROBERT LORENC, am an attorney duly admitted to practice before the courts of the state of New York, affirm the truth of the following under the penalties of perjury and makes this affirmation in support of Plaintiff Segelman Shaw, LLC (“Segelman Shaw”) Order to Show Cause for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery. Good Faith Efforts to Notify Defendants in Advance of Order to Show Cause 1. On March 11, 2024, pursuant to Section 202.7(f) of the Uniform Civil Rules for Supreme and Civil Courts, I made a good faith effort to notify Defendants Ziv Lozon and Premium Construction & Development Inc by emailing Defendant Ziv Lozon courtesy copies of the Proposed Order to Show Cause, Affidavit of Murray Shaw, Memorandum of Law in support thereof and all exhibits made thereto that I intended to file on behalf of Plaintiff, including a copy of the Summons and Verified Complaint filed and assigned an index number yesterday. 2. Defendant Lozon is a member, officer, and/or owner with an equity interest in Defendant Premium Construction. 3. My email to Defendant Lozon represented that my office intended to file the aforementioned pleadings the following day on March 12, 2024 at 1:00p.m. and that the 1 of 4 FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024 pleadings were being sent to him as a courtesy in the event he and/or his attorney as well as Defendant Premium Construction’s attorney desired to oppose the emergency application for a temporary restraining order. 4. My March 11th E-mail is attached herrto as Exhibit L. Plaintiff’s Customer Data List (Exhibit A)– Redacted 5. Plaintiff’s Customer Data List, being proprietary and confidential information as well as part of Plaintiff’s trade secrets that the Plaintiff developed from over 20 years of business (as set forth in further detail in the emergency affidavit of Murray Shaw, the managing member of Plaintiff Segelman Shaw, as well as in the memorandum of law in support of Plaintiff’s OSC) has been redacted but for the category field on the first page and the pages that included the customers that Plaintiff is aware received Defendants’ advertising and promotional emails from Defendants’ unauthorized use of the Customer Data List.1 6. The Customer Data List consists of approximately 7000 customers with their respective pedigree information as set forth in the detail in the affidavit of Murray Shaw. 7. I converted the relevant portions of the Customer Data List into a PDF file for e- filing on NYSECF, reformatting the well over 1,000 pages from its native format, into what could encompass 66 pages in a readable pdf file. 8. It was my intention to redact the majority of the information on the sixty-six (66) pages except for those customers who received Defendants’ advertising and promotion emails so that when it was uploaded to NYSECF the proprietary and confidential information set forth 1 1. Defendant Lozon stole, among other things, the Customer Data List just days before resigning from his position of trust and confidence as Plaintiff’s director of operations. (Shaw Aff. ¶¶ 6-14). 2 2 of 4 FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024 therein could not be accessed by competitor or be argued to now be in the public domain since NYSECF itself is within the public domain. 9. Unfortunately, there were technical issues causing my file editing program to consistently freeze, likely due to the data file being substantially larger than normal. 10. As such, I removed all but the first page and the five (5) pages that contained the customers who were contacted by the Defendants as previously set forth herein (see highlighted fields in yellow). 11. As provided in Murray Shaw's Emergency Affidavit, an unredacted copy of the sixty-six (66) page customer list as well as the actual Customer Data List in its native file format can be provided to the Court for in camera review upon request. 12. I respectfully request the Court’s guidance as to how best to submit such copies whether it be by thumb drive or secure e-mail transfer. WHEREFORE, it is respectfully requested that the Court Order that Defendant be Temporarily Restrained as set forth in the Emergency Affidavit of Murray Shaw, the Memorandum of Law, and the Proposed Order to Show Cause that my Affirmation in Support accompanies. Dated: March 12, 2024 Robert C. Lorenc Robert Lorenc, Esq. The LORENC Law Firm 62 West 45th Street, Suite 903 New York, NY 1003 robert@lorenclaw.com Attorney for Plaintiff 3 3 of 4 FILED: ROCKLAND COUNTY CLERK 03/12/2024 01:55 PM INDEX NO. 031313/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/12/2024 ATTORNEY CERTIFICATION I, ROBERT C. LORENC, pursuant to Section 202.8-b of the New York State Uniform Civil Rules for the Supreme Court and County Court, that the foregoing was prepared in a computer using Microsoft Word. Word Count. The total number of words in this annexed document, inclusive of point headings and footnotes and exclusive of pages containing the table of contents, table of authorities, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc. is 621. Dated: March 12, 2024 Respectfully submitted, Robert C. Lorenc Robert C. Lorenc, Esq. The LORENC Law Firm 62 West 45th Street Suite 903 New York, NY 10036 212-628-0562 (o) robert@lorenclaw.com Attorney for Plaintiff 4 4 of 4