Motion to Quash Service of Subpoena in Pjsc National Bank Trust v. Natalia Pirogova| Trellis.Law

On November 23, 2020 a Exhibit,Appendix was filed involving a dispute between Pjsc National Bank Trust, and Natalia Pirogova, for Commercial Division in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 04/08/2024 03:59 PM INDEX NO. 656519/2020
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 04/08/2024

Exhibit F
FILED: NEW YORK COUNTY CLERK 04/08/2024
08/30/2023 03:59
05:37 PM INDEX NO. 656519/2020
NYSCEF DOC. NO. 224
208 RECEIVED NYSCEF: 04/08/2024
08/30/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

PJSC NATIONAL BANK TRUST,

Plaintiff/Judgment Creditor, Index No.: 656519/2020
Justice Borrok, Part 53
-against-
QUESTIONNAIRE
NATALIA PIROGOVA,
Examination of Judgment Debtor
Defendant/Judgment Debtor.

STATE OF NEW YORK )

COUNTY OF NEW YORK ) ss:

NATALIA PIROGOVA, being duly sworn, answers the following questions as follows:

1. Q. What is your full name?

A. Natalia Pirogova

2. Q. What is your home telephone number?

A. I have no home telephone number.

3. Q. What is the telephone number of your employer or your business?

A. I have no telephone number for any employer or business.

4. Q. What is your cell telephone number?

A. I object to this question as it seeks information that is not relevant to the enforcement of the judgment.

5. Q. What is your social Security number?

A. I object to this question on safety and privacy grounds, and relevancy grounds.

6. Q. Where do you reside? (Provide physical residence address).

A. I maintain a physical residence at 271 Garderville Road, New Hampton, New York 10958

7. Q. With whom do you reside? (Provide names of each such person)?
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A. Willy Cancel

8. If rent:

(a) what is the landlord's name and address?

A. There is not a landlord-tenant relationship

(b) what is the monthly rent?

A. N/A

(d) is it paid by cash or check?

A. N/A

9. Q. If you own your residence:

(a) who are all parties holding title to the property?

A. I do not own my residence.

(b) who holds mortgage(s) on the property and what are the current balances?

A. N/A

(d) if none of the monthly mortgage payments includes an escrow for taxes, what are the
annual property taxes?

A. N/A

(e) who pays the mortgage(s) and taxes?

A. N/A

(f) are they paid by cash or check?
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A. N/A

10. Q. What is your occupation or profession?

A. Former business owner.

11. Q. By whom are you employed? (State employer’s full name, address and telephone
number).

A. I am not presently employed by anyone.

12. Q. If employed, give your employer’s name and address.

A. N/A

13. Q. If you are self-employed, so state and identify the name, address, of your business,
trade or occupation.

A. I have no business, trade or occupation.

14. Q. Are you engaged in business in an individual, partnership or corporate form?

A. I am not engaged in any business in an individual, partnership or corporate form.

15. Q. If engaged in business, what is your business address and name of your business
or firm.

A. N/A

16. Q. What is the average salary you receive, or income you derive, from your
employment, occupation or business on a monthly basis?

A. N/A

17. Q. When is your salary payable, or when do you derive income from your business?

A. N/A

18. Q. Is your salary/income payable by check or in cash?
N/A
A.

19. Q. What other bonus(s) or emolument(s) do you receive from your business or
employment?
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A. N/A

20. Q. Do you receive any income from any other source? If so, explain in detail.

A. I do not receive income from any other source.

21. Q. What amount of income have you received from your business, trade, profession
during each of the six years immediately preceding the entry of the judgment
against you?

A. N/A

22. Q. What amount of income have you received from any source since entry of the
judgment against you?

A. None.

23. Q. Provide proof of your taxable and net income by attaching to your answers a copy
of the last six federal tax returns you filed, to include the W-2 forms and schedules.
I object to this request as tax returns are generally not discoverable, assuming that any such documents exist.
A.

24. Q. What amount of income have you received from any source other than your
employment during the last six years?
None.
A.

25. Q. Do you own or control a bank, credit union, brokerage, or other financial institution,
account (including accounts over which you have signatory authority or other
control)?

A. No.

26. Q. If the answer to 25 is yes, provide the name(s) and address(es) of all banks, credit
union, brokerage or other financial institutions, and the record owner or title of the
account.

A. N/A

27. Q. Have you closed any bank, credit union, brokerage or other financial account since
the summons and complaint in the above-entitled action was served on you?
No.
A.

28. Q. If so, give name and address of financial institution.
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A. N/A

29. Q. How much was on deposit at time the account was closed?

A. N/A

30. Q. Are you married?

A. Yes.

31. Q. If yes, state your spouse’s full name and current address.

A. Vladimir Tseytin. We have been separated so I am not aware of his current address.

32. Q. Do you own any chattel mortgages or security agreements?
X
A. Yes______ No ______

33. Q. If the answer to 32 is yes, identify each such agreement in detail, including the
name and address of the debtor/obligor and the nature of the collateral or property
subject thereto.

34. Q. Do you own an automobile, truck, airplane, boat or other motor vehicle?

A. Yes ______ X
No ______

35. Q. If the answer to 34 is yes, identify each vehicle or boat by year of manufacture,
make and model, the vehicle identification or other identifying number or
designation, and the value of each, and state the current location of each.

36. Q. If the answer to 34 is yes, state for each such vehicle or boat whether it is covered
or encumbered by a chattel mortgage, conditional sale, or other security agreement,
and if any is, identify the owner and/or holder of such agreement and state the
amount owed on the obligation secured by such agreement.

37. Q. Do you own any stocks, bonds, defense bonds or other securities?

A. Yes _____ X
No _____
FILED: NEW YORK COUNTY CLERK 04/08/2024
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38. Q. If the answer to 37 is yes, identify in detail each such item owned, including the
name of the issuer, nature and type, current value, the date the dividends or interest
is payable, the amount of dividends or interest received each year for the past six
years, and all other information to assist in identifying same.

39. Q. Do you have any children?
X
A. Yes _____ No _____

40. Q. If the answer to 39 is yes, state for each child his/her name, age, and whether you
provide his/her sole support.

A. Rostislav Pirogov, who is 36 years old, and I do not provide any support to him.

41. Q. Do you own any interest in real property?
X
A. Yes _____ No _____

42. Q. If the answer to 41 is yes,

(a) identify each parcel of real property by street address,

(b) state the nature of your interest (own, co-own, lease, etc.)

(d) state the approximate value of the real property,

(e) state whether the real property is subject to a mortgage and/or other lien; if it is, the
name and address of the person or entity which holds the mortgage or other lien and
the amount owed on/secured by the mortgage or other lien.

43. Q. Have you sold, conveyed or assigned any real property within the past six (6) years?
FILED: NEW YORK COUNTY CLERK 04/08/2024
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A. Unit 7454 at 7400 Oceanside at Fisher Island Drive
Fisher Island, FL

44. Q. If the answer to 43 is yes, describe the nature of the transaction, identify each such
parcel of real property, its address and type, state the name and address of the
purchaser/transferee/assignee of the property, and state the value or consideration
you received from the sale/conveyance/assignment.
Due to health concerns, a quit claim deed for Unit 7454 was made to Stanislav Fiskin. At the time of
A. transfer, the Unit had a significant mortgage that was believed to be in excess of its market value and the Unit
was foreclosed on and sold by Wilmington Trust National Bank Association.
45. Q. Have you made a gift of any of your real or personal property to anyone since the
summons in the Action was served on you?

A. Yes _____ X
No _____

46. Q. If the answer to 45 is yes, describe each parcel of real property or item of personal
property, state the value of such parcel or item, and state the name, address and
relationship to you of the recipient.

47. Q. Are you an officer, director or shareholder, or do you have an interest in any
corporation, trust, or other entity?
X I have a beneficial interest in 172 Madison NP Holdings, LLC and 172 Madison NP Member, LLC.
A. Yes _____ No _____

48. Q. If the answer to 47 is yes, state the name and address of the corporation, entity or
trust, the nature of your relationship or position with it, identify the other
shareholders, trust protectors, trustees, and beneficiaries, and the nature and value
of your interests.

A. 172 Madison Avenue, New York, New York, and a 172 Madison NP Holdings, LLC owns a 40% interest
indirect interest in 172-174 and 176 Madison Avenue, New York, New York, which is a condominium building.

49. Q. Are you a partner of a general or limited partnership?

A. Yes ______ X
No ______

50. Q. If the answer to 49 is yes, describe in detail the name and address of the partnership,
the nature of your partnership’s interest, the percentage of that interest, and the
nature or type of the partnership’s business.

51. Q. Are you a member of a limited liability company?
X --See response to question No. 48 which describes my beneficial interest in
A. Yes _____ No _____ 172 Madison NP Holdings, LLC and 172 Madison NP Member, LLC.
FILED: NEW YORK COUNTY CLERK 04/08/2024
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52. Q. If the answer to 51 is yes, describe in detail the name and address of the company,
the nature of your membership interest (managing, sole, general, etc.), the nature
and type of the company’s business, and your percentage of the ownership interest
in the company.

A. See response to question No. 48.

53. Q. Do you own any collections of art, stamps, coins, recordings, antiques, sports or
other trading cards, or other collectibles?
X
A. Yes _____ No _____

54. Q. If the answer to 53 is yes, describe each collection or item, specify its location, and
provide an estimate of its current value.

55. Q. Do you have any personal property in pawn?
X
A. Yes ______ No ______

56. Q. If the answer to 55 is yes, state the nature or type of property, the value of the
property, and the name and address of the pawnshop or person with whom the
property is pawned.

57. Q. Are there any judgments outstanding against you other than that held by plaintiff?
I am not aware of any other outstanding judgments against me.
A. Yes _____ No _____

58. Q. If the answer to 57 is yes, with respect to each such, judgment, state:

(a) the date for which it was entered,

(b) the court in which it was entered,

(c) the name and address of the judgment creditor, and
FILED: NEW YORK COUNTY CLERK 04/08/2024
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(d) the amount currently owed on the judgment.

59. Q. Are there any tax warrants or liens outstanding against you?
X
A. Yes _____ No ______

60. Q. If the answer to 59 is yes, identify the holder of each such warrant or lien and state
the amount currently owed on each one.

61. Q. Presently, are there any income execution(s) or wage assignment(s) against your
income or wages, or has an installment payment order been granted directing you
to make payments to any judgment creditor?

A. Yes _____ X
No _____

62. Q. If the answer to 61 is yes, state the name and address of the enforcement officer
who served same and the beneficiary of any wage assignment or installment
payment order, and for each such execution, assignment or order, state the amount
being paid or remitted, how frequently, to whom, and the current outstanding
balance of each applicable debt or judgment.

63. Q. Do you receive any money or other things of value from other persons or
governmental agencies?

A. No.

64. Q. If the answer to 63 is yes, state the name(s) and address(es) of each such person or
entity, and the frequency and amount of each such payment of money.

65. Q. Do you keep or maintain written or electronic records relating to your income and
expenses?
FILED: NEW YORK COUNTY CLERK 04/08/2024
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X
A. Yes ______ No ______

66. Q. If the answer to 65 is yes, describe the manner in which such records are maintained
and the location of the records and electronic device(s).

67. Q. Do you have an accountant(s)?
X
A. Yes ______ No _____

68. Q. If the answer to 67 is yes, state the name and office address of each such accountant.

69. Q. Have you been involved in any automobile or other accident(s), or in any way been
injured through any other person’s fault, within the last three years?
X
A. Yes ______ No ______

70. Q. If the answer to 69 is yes, describe and give the date of the accident(s) or injury(ies),
identify any insurance company that is providing you benefits, or insurance
coverage to the person who caused the accident or injury, and the name of your
attorney in connection with the accident or injury (if any).

71. Q. Are you owed money by any person?
X
A. Yes _____ No _____

72. Q. If the answer to 71 is yes, attach to your answers a written list setting forth the
name(s) and address(es) of each person or entity who/which owes you money, the
total amount owed, the date payment is due, and if payments are to be made
periodically or pursuant to a certain schedule, state the amount of each required
payment and attach, or describe in detail, the schedule of payments.

73. Q. Did you receive, sell, exchange, or otherwise dispose of any virtual currency, non-
fungible token, or other digital asset?

B. Yes _____ X
No _____
FILED: NEW YORK COUNTY CLERK 04/08/2024
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74. Q. If the answer to 73 is yes, identify the nature of the asset, its value, and where it is
located.

75. Q. Do you rent or have access to a safety deposit box titles in your name or in any
other name?

C. Yes _____ X
No _____

76. Q. If the answer to 75 is yes, identify the bank or other financial institution at which
the safety deposit box is maintained, the person whose name the box is rented, and
identify the contents of the box as of the date of this subpoena.

77. Q. During the past six years, have you have credit, debit, automatic teller, or gift cards
which you have used or controlled, regardless of whether such cards are titled in
your name?
X
D. Yes _____ No _____

78. Q. If the answer to 75 is yes, identify the financial institution or other issuer of the
card, the type of card, the account number, the names of the card, and the balance.

79. Q. State the amount you pay each month for each of the following types of expense by
inserting the amount on the line next to the type of expense.

AMOUNT ** DESCRIPTION
-0-
$___________ Mortgage or rent
$___________
-0- Electricity and heating fuel
-0-
$___________ Water and sewer
$___________
-0- Telephone (land line)
$___________
-0- Telephone (cell)
-0-
$___________ Cable TV/streaming Services
-0-
$___________ Payment for automobile ownership or rental
$___________
-0- Auto insurance
$___________
-0- Auto maintenance and fuel
-0-
$___________ Life insurance premium
-0-
$___________ Health insurance premium
-0-
$___________ Homeowners’ property insurance premium
-0-
$___________ Other type of insurance premium (identify)
-0-
$___________ Property tax not included in mortgage payment
** I incur no amounts in such expenses as a resident of the State of New York.
FILED: NEW YORK COUNTY CLERK 04/08/2024
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$___________
-0- Home maintenance and repair
-0-
$___________ Food
-0-
$___________ Clothing
-0-
$___________ Laundry and dry cleaning
-0-
$___________ Medical/dental expenses
$___________
-0- Recreation/clubs/newspapers/magazines
-0-
$___________ Charitable contributions
-0-
$___________ Other installment payments
$___________
-0- Alimony, maintenance and support payments
$___________
-0- Other (explain)

80. Q. Are you able to make monthly or other periodic payments to judgment creditor?
This question is without prejudice to judgment creditor’s rights to collect full
payment plus applicable postjudgment interest.

A. Yes _____ X
No ______

81. Q. If the answer to 74 is yes, state the amount you are able to pay on a monthly or
other periodic basis. This question is without prejudice to judgment creditor’s rights
to collect full payment plus applicable postjudgment interest.

82. Q. Identify all persons who you know or reasonably suspect may have knowledge
concerning any matter relevant to the satisfaction of the judgment, including
knowledge of the location and description of any property of, debts owed to, or
financial information about you and for each person, his or her affiliation with you
(if any) including when the affiliation began and ended, the subjects of the
information he or she possesses, and a summary of his or her knowledge.

A. None.

83. Q. Identify and describe in detail all litigation or disputes in which you or any entities
to which you have an interest have been involved, including the date the litigation
or dispute commenced, the parties, their attorneys, the trial or hearing date, the
status of the case, and the name of the tribunal and docket number.

A. See attached Schedule.

84. Q. Identify each country you have traveled to or from in the past six years by providing
the names of the countries, dates of trips, purposes of the trip, and identify the
persons visited.

A. I object to this question as it is irrelevant to the enforcement of any judgment against me in the State of New York.
FILED: NEW YORK COUNTY CLERK 04/08/2024
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85. Q. Are you aware of any fact or circumstance, including actual or pending
assignments, sales or transfers, reasonably likely to result in the removal of any
assets owned by you from the State of New York, the transfer of any of your assets
outside the State of New York, or any other circumstance that may otherwise
prejudice the judgment creditor’s ability to collect the judgment? If so, please
identify and describe in detail such facts and circumstances.

A. No.

86. Q. To the extent not disclosed in your other responses to these questions, identify and
describe in detail any property in which you know or reasonably suspect the
Judgment Debtor has and identify the disposition of the property. For property that
has been transferred, identify the date of transfer, the transferee, the transferor, the
consideration due and paid, the disposition of the consideration, and all persons in
possession, custody, or control of such property.

A. None.

87. Q. To the extent not disclosed in your other responses to these questions, identify and
describe in detail any debts you know or reasonably suspect to be owed by any
person to the Judgment Debtor, including whether each such debt is due or to
become due, and identify the persons who owe such debts, the amounts of the debts,
the circumstances giving rise to such debts, and any disposition of efforts to collect
such debts.
None.
A.

88. Q. To the extent not disclosed in your other responses to these questions, identify and
describe in detail any debts you know or reasonably suspect to be owed by the
Judgment Debtor to any person, including whether each such debt is due or to
become due, and identify the persons who are owed such debts, the amounts of the
debts, the circumstances giving rise to such debts, and the disposition of any efforts
to collect such debts.
None.
A.

89. Q. Identify and describe in detail all communications concerning the location and
description of any property of, debts owed to, or financial information about the
Judgment Debtor, or any entities in which she has an interest.

A. None.
FILED: NEW YORK COUNTY CLERK 04/08/2024
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NYSCEF DOC. NO. 224
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90. Q. To the extent not disclosed in your other responses to these questions, please
identify and describe in detail all other information known to you that is reasonably
likely to assist the judgment creditor in collecting the judgment.

A. None.

91. Q. What is your document retention/destruction policy and actual practices?

A. I have no document retention/destruction policy.

92. Q. In preparing your responses, are you not searching for or providing any information
because of inaccessibility, burdensomeness, disproportionality, or other objections?
If so, please identify and describe in detail the types of information not being
searched for or provided; the reasons why the information is inaccessible,
disproportionate, burdensome, or objectionable to search for or produce; the precise
burden and details of costs associated with searching for and producing the
information; and identify all persons with knowledge of the burden or cost.

A. None.

93. Q. Is any information responsive to any of these questions destroyed, lost, misplaced,
stolen, or no longer in your possession, custody or control? If so, describe such
information and any person you know or reasonably suspect has the information.

A.
None. However, various business and financial records dating back prior to 2015 have been lost or destroyed,
and are no longer in my possession, custody or control.
94. Q. Please identify all persons who prepared or assisted with the preparation of your
responses.

A. I was assisted in preparing these responses by my attorney.

95. Q. Do you understand that the judgment will continue to accrue statutory post-
judgment interest at the rate of 9% per year until it is paid in full?

A. No.
FILED: NEW YORK COUNTY CLERK 04/08/2024
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05:37 PM INDEX NO. 656519/2020
NYSCEF DOC. NO. 224
208 RECEIVED NYSCEF: 04/08/2024
08/30/2023
FILED: NEW YORK COUNTY CLERK 04/08/2024
08/30/2023 03:59
05:37 PM INDEX NO. 656519/2020
NYSCEF DOC. NO. 224
208 RECEIVED NYSCEF: 04/08/2024
08/30/2023

LIST OF CASES

1. FGP 1, LLC and Serhii Yefimtsev v. Luisa Dubrovsk, Supreme Court, New York County,
Index No. 650479/2016. Consolidated action by FGP 1 and M Investment Capital, LLC to have
their respective assignment agreement declared valid. The action is ongoing with expert
discovery pending.

2. Denis Goldberg v. Cole Schotz, P.C., et. al., Supreme Court, New York County, Index No.
653357/20219. This action has been consolidated with the FGP Action and there are claims
based upon certain alleged promissory notes. This action is ongoing with expert discovery
pending.

3. In Re: Natalia Pirogova, United States Bankruptcy Court, Southern District of New York,
Docket No. 18-10870.
4. Lana Aferzon v. Natalia Pirogova, SDNY, Case No. 17cv04845.
5. Madison YT, LLC v. 172 Madison NP Member, LLC, Chancery Court of the State of
Delaware, C.A. N. 12655-B
6. PJSC National Bank Trust v. Natalia Pirogova, Supreme Court, New York County, Index
No. 656519/2020.
7. PJSC National Bank Trust v. Natalia Pirogova, et. al., Supreme Court, New York County,
Index No. 160130/2020.
8. Fisher Island Community Association v. Fiskin, et. al., Circuit Court, Miami-Dade County,
Case No. 2021-026687-CA-01. The case involved community dues and it was resolved by
mediation.

Case Info

Judge

Andrew Borrok Track Judge’s New Case

Case No.

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Document Filed Date

April 08, 2024

Case Filing Date

November 23, 2020

County

Parties

ARIAS, KAYLA ALYSSA Attorney for the Plaintiff
FORTE, STEPHEN M Attorney for the Plaintiff
MIRKIN, ALEXANDER Attorney for the Plaintiff
Natalia Pirogova Defendant
Nerko, Charles J. Attorney for the Plaintiff
O'BRIEN, SARAH A. Attorney for the Plaintiff
PJSC NATIONAL BANK TRUST Plaintiff
WORMS, VICTOR A. Attorney for the Defendant
ZUBAYDULLIN, TIMUR Attorney for the Plaintiff
ALEXANDER SUSLENSKY Attorney
MICHAEL MICHAEL Attorney
MATTHEW METZ Attorney
EVAN ZUCKER Attorney
RICK ANTONOFF Attorney
HARLAN LEVY Attorney
THOMAS SOSNOWSKI Attorney

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Exhibit,Appendix: Pjsc National Bank Trust v. Natalia Pirogova

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