On April 15, 2024 a
Motion-Secondary
was filed
involving a dispute between
Daniel Koweity,
Sevie Samuels,
and
American Friends Of Meir Panim,
America'S Vet Dogs,
Cold Spring Harbor Laboratory,
Federation Of Jewish Communities Cjs For Siberia,
Federation Of Jewish Communities Cjs For Ukraine,
Fountain House,
General Israel Orphans Home For Girls,
Long Island Crisis Center,
Morgan Stanley,
Rebuilding Together Long-Island,
The International Fellowship Of Christians And Jews,
The New York State Attorney General Office Of Charities & Nonprofits,
Viscardi Center,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------X Index No.: Ó
SEVIE SAMUELS and DANIEL KOWEITY,
Plaintiff,
AFFIDAVIT IN
-against- SUPPORT
MORGAN STANLEY, AMERICAN FRIENDS OF
MEIR PANIM, THE INTERNATIONAL
FELLOWSHIP OF CHRISTIANS AND JEWS,
VISCARDI CENTER, COLD SPRING HARBOR
LABORATORY, FEDERATION OF
JEWISH COMMUNITIES CJS For Ukraine,
FEDERATION OF JEWISH COMMUNITIES CJS
For Siberia, LONG ISLAND CRISIS CENTER, GENERAL
ISRAEL ORPHANS HOME FOR GIRLS, AMERICA'S
VET DOGS, REBUILDING TOGETHER-LONG ISLAND,
FOUNTAIN HOUSE, and THE NEW YORK STATE
ATTORNEY GENERAL OFFICE OF CHARITIES &
NONPROFITS,
Defendants.
_________________________-_____________________________________________Ç
STATE OF FLORIDA)
) ss
COUNTY OF HILLSBOROUGH )
SEVIE SAMUELS, being duly sworn and under the penalties of perjury, deposes
and says:
1. I am one of the plaintiffs in the above captioned Action and as such I am fully
familiar with all of the facts and circumstances herein. I am also the cousin of Lee
Steinberg and her closest living relative. I provided care, comfort, love and assistance to
my cousin during the last years of her life and had a close and loving relationship with her.
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FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024
of my instant application seeking to
2. I make this affidavit in support
and a pennanent injunction
restrain the defendant, Morgan Stanley, seeking
from the TOD accounts to the
the Defendant, Morgan Stanley distributing
enjoining
of the Plaintiffs and in furtherence of the
beneficiary Defendants to the exclusion
Action a judicial determination as to the rights
instant Declaratory Judgment seeking
pursuant to the laws of the State of New York and
and responsibilities of the parties
accounts"
that the value of the "TOD is in
as equity dictates. I have been informed
excess of $14,000,000.00.
BACKGROUND
of at least two Transfer On Death accounts
3. Lee Steinberg was the holder
accounts"
referred to as the "TOD believed to be
with Morgan Stanley, hereafter
and 433-084992. Lee Steinberg died on May
under account numbers 433-140559
17, 2021.
had named a number of beneficiaries to the "TOD
4. Lee Steinberg
accounts" referred to as the beneficiary Defendants.
hereafter
April of 2021, Lee completed a change of
5. In or about Steinberg
form for her "TOD accounts", hereafter referred to as the First
beneficiaries
Change of Beneficiaries Form, which was forwarded to and accepted by the
defendant Morgan Stanley.
Steinberg's and filing The First Change of
6. The intent of Lee completing
was to add the plaintiffs, Sevie Samuels and
Beneficiary Form with Morgan Stanley
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FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024
as beneficiaries to the "TOD
Daniel Koweity, hereafter referred to as the Plaintifs,
accounts" and the Plainfiffs shared equally in the "TOD
the beneficiary Defendants
so that
accounts".
Form executed
the effect of The First Change of Beneficiaries duly
7. However,
named Defendants
was to remove all the previously beneficiary
and filed by Lee Steinberg
them with the Plaintiffs as beneficiaries.
as beneficiaries and replace
Morgan accounts
broker for the TOD Stanley
8. Lee Steinberg was informed by her
Form executed and filed by
effect of The First Change of Beneficiary duly
that the actual
accounts"
to the "TOD and
the beneficiary Defendants, as beneficiaries
her was to remove
beneficiaries to the "TOD accounts".
replace them with the Plaintiffs as the only
executed and filed First Change of
9. Upon of the effect of the duly
leaming
Change of Beneficiary Form, hereafter
Lee Steinberg signed a Second
Beneficiary form,
and changing the
Change of Beneficiary Form, correcting
referred to as the Second
Plaintiffs in equal amounts. It is
the Defendants and the
beneficiaries to include beneficiary
Change of Beneficiary form were completed
important to note that all pages of the Second
sent to Lee Steinberg for her signature. L at Lee
and
and typewritten by Morgan Stanley
for eaeb of the beneficiaries as
Steinberg's handwrote the tax ID numbers
request,
TOD designation form
Stanley. A copy of the second Beneficiary
typewritten by Morgan
hereto as Exhibit "A".
is attached
duly executed and filed by Lee Steinberg
Second Change of Beneficiary Form was received by the defendant,
10. The
but Lee died before the
Morgan albeit somewhat damaged in the mail, Steinberg
Stanley,
Change of Beneficiary Form.
Morgan Stanley, processed the Second
defendant,
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FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024
that absent a
11. The defendant, Morgan Stanley, has informed my attomeys
designation and directing the manner in which
court order reforming the beneficiary
accounts" distribute the assets of
distribute the "TOD will
Morgan Stanley should
accounts" designation have on file as of
pursuant to the beneficiary they
the "TOD
"B" find a
hereto as Exhibit please
Steinberg's death. Attached
the date of Lee
Stanley's Risk Officer Marsha Johnson.
correspondence from Morgan
represented to my attomeys
The Morgan Stanley, has further
12. defendant,
of Lee Steinberg's
designation have on file as of the date
that the beneficiary they
Defendants. Please see Exhibit "B".
death names only the beneficiary
Morgan Stanley, position, the Plaintiffs
13. As a result of the defendants,
accounts"
assets of the "TOD in
will be denied their beneficiary share of the
intent and desire, and lose over one million
contravention of Lee Steinberg's
Dollars each.
($1,000.000.00)
TEMPORARY RESTRAINING ORDER
NEED FOR
immediate intervention by way of issuing a
14. Without this court's
as Daniel Koweity, will be
Order I am certain that I, as well
Temporary Restraining
accounts"
share of the "TOD
substantially and irreparably damaged and my rightful
me no other remedy at law.
shall be lost to me forever leaving
that there is a strong likelihood of
15. I am informed by my attomeys
this is a situation that only a Temporary Restraining
success on the merits and that
about a legal and equitable result.
Order win bring
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FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024
accounts"
requested that the distribution of the "TOD be
16. It is respectfully
restrained until a determination on this matter has been made.
exists that will or properly protect
17. No other adequate remedy at law adequately
me from the loss contemplated herein.
the same or similar relief has been made to this or
18. No Prior application seeking
any other court.
requested that the plaintif Ps Motion be
WHEREFORE, it is respectfully
and further relief as this Court may deem just proper
granted in its entirety with such other
and equitable.
SEVIE SAMUELS
Swom to before me this
o1 of Marek-, 2024.
day
ANL
susan weLea
commemion He assns
NOTARY PUBLIC w a en w
a 20as
5 of 5
Preview
FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X Index No.: Ó SEVIE SAMUELS and DANIEL KOWEITY, Plaintiff, AFFIDAVIT IN -against- SUPPORT MORGAN STANLEY, AMERICAN FRIENDS OF MEIR PANIM, THE INTERNATIONAL FELLOWSHIP OF CHRISTIANS AND JEWS, VISCARDI CENTER, COLD SPRING HARBOR LABORATORY, FEDERATION OF JEWISH COMMUNITIES CJS For Ukraine, FEDERATION OF JEWISH COMMUNITIES CJS For Siberia, LONG ISLAND CRISIS CENTER, GENERAL ISRAEL ORPHANS HOME FOR GIRLS, AMERICA'S VET DOGS, REBUILDING TOGETHER-LONG ISLAND, FOUNTAIN HOUSE, and THE NEW YORK STATE ATTORNEY GENERAL OFFICE OF CHARITIES & NONPROFITS, Defendants. _________________________-_____________________________________________Ç STATE OF FLORIDA) ) ss COUNTY OF HILLSBOROUGH ) SEVIE SAMUELS, being duly sworn and under the penalties of perjury, deposes and says: 1. I am one of the plaintiffs in the above captioned Action and as such I am fully familiar with all of the facts and circumstances herein. I am also the cousin of Lee Steinberg and her closest living relative. I provided care, comfort, love and assistance to my cousin during the last years of her life and had a close and loving relationship with her. 1 1 of 5 FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024 of my instant application seeking to 2. I make this affidavit in support and a pennanent injunction restrain the defendant, Morgan Stanley, seeking from the TOD accounts to the the Defendant, Morgan Stanley distributing enjoining of the Plaintiffs and in furtherence of the beneficiary Defendants to the exclusion Action a judicial determination as to the rights instant Declaratory Judgment seeking pursuant to the laws of the State of New York and and responsibilities of the parties accounts" that the value of the "TOD is in as equity dictates. I have been informed excess of $14,000,000.00. BACKGROUND of at least two Transfer On Death accounts 3. Lee Steinberg was the holder accounts" referred to as the "TOD believed to be with Morgan Stanley, hereafter and 433-084992. Lee Steinberg died on May under account numbers 433-140559 17, 2021. had named a number of beneficiaries to the "TOD 4. Lee Steinberg accounts" referred to as the beneficiary Defendants. hereafter April of 2021, Lee completed a change of 5. In or about Steinberg form for her "TOD accounts", hereafter referred to as the First beneficiaries Change of Beneficiaries Form, which was forwarded to and accepted by the defendant Morgan Stanley. Steinberg's and filing The First Change of 6. The intent of Lee completing was to add the plaintiffs, Sevie Samuels and Beneficiary Form with Morgan Stanley 2 2 of 5 FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024 as beneficiaries to the "TOD Daniel Koweity, hereafter referred to as the Plaintifs, accounts" and the Plainfiffs shared equally in the "TOD the beneficiary Defendants so that accounts". Form executed the effect of The First Change of Beneficiaries duly 7. However, named Defendants was to remove all the previously beneficiary and filed by Lee Steinberg them with the Plaintiffs as beneficiaries. as beneficiaries and replace Morgan accounts broker for the TOD Stanley 8. Lee Steinberg was informed by her Form executed and filed by effect of The First Change of Beneficiary duly that the actual accounts" to the "TOD and the beneficiary Defendants, as beneficiaries her was to remove beneficiaries to the "TOD accounts". replace them with the Plaintiffs as the only executed and filed First Change of 9. Upon of the effect of the duly leaming Change of Beneficiary Form, hereafter Lee Steinberg signed a Second Beneficiary form, and changing the Change of Beneficiary Form, correcting referred to as the Second Plaintiffs in equal amounts. It is the Defendants and the beneficiaries to include beneficiary Change of Beneficiary form were completed important to note that all pages of the Second sent to Lee Steinberg for her signature. L at Lee and and typewritten by Morgan Stanley for eaeb of the beneficiaries as Steinberg's handwrote the tax ID numbers request, TOD designation form Stanley. A copy of the second Beneficiary typewritten by Morgan hereto as Exhibit "A". is attached duly executed and filed by Lee Steinberg Second Change of Beneficiary Form was received by the defendant, 10. The but Lee died before the Morgan albeit somewhat damaged in the mail, Steinberg Stanley, Change of Beneficiary Form. Morgan Stanley, processed the Second defendant, 3 3 of 5 FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024 that absent a 11. The defendant, Morgan Stanley, has informed my attomeys designation and directing the manner in which court order reforming the beneficiary accounts" distribute the assets of distribute the "TOD will Morgan Stanley should accounts" designation have on file as of pursuant to the beneficiary they the "TOD "B" find a hereto as Exhibit please Steinberg's death. Attached the date of Lee Stanley's Risk Officer Marsha Johnson. correspondence from Morgan represented to my attomeys The Morgan Stanley, has further 12. defendant, of Lee Steinberg's designation have on file as of the date that the beneficiary they Defendants. Please see Exhibit "B". death names only the beneficiary Morgan Stanley, position, the Plaintiffs 13. As a result of the defendants, accounts" assets of the "TOD in will be denied their beneficiary share of the intent and desire, and lose over one million contravention of Lee Steinberg's Dollars each. ($1,000.000.00) TEMPORARY RESTRAINING ORDER NEED FOR immediate intervention by way of issuing a 14. Without this court's as Daniel Koweity, will be Order I am certain that I, as well Temporary Restraining accounts" share of the "TOD substantially and irreparably damaged and my rightful me no other remedy at law. shall be lost to me forever leaving that there is a strong likelihood of 15. I am informed by my attomeys this is a situation that only a Temporary Restraining success on the merits and that about a legal and equitable result. Order win bring 4 4 of 5 FILED: NASSAU COUNTY CLERK 04/16/2024 02:25 PM INDEX NO. 606529/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2024 accounts" requested that the distribution of the "TOD be 16. It is respectfully restrained until a determination on this matter has been made. exists that will or properly protect 17. No other adequate remedy at law adequately me from the loss contemplated herein. the same or similar relief has been made to this or 18. No Prior application seeking any other court. requested that the plaintif Ps Motion be WHEREFORE, it is respectfully and further relief as this Court may deem just proper granted in its entirety with such other and equitable. SEVIE SAMUELS Swom to before me this o1 of Marek-, 2024. day ANL susan weLea commemion He assns NOTARY PUBLIC w a en w a 20as 5 of 5