Preview
FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
EXHIBIT B
FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
– – – – – – – – – – – – – – – – – – – – – – – – – – – –X
CHRIS TRANSPORTATION SERVICES LLC, : Index No. 618220/23
Plaintiff, :
: SUBPOENA DUCES TECUM
TO TAKE DEPOSITION OF
:
JUDGMENT DEBTOR
:
-against- :
COLD SPRING ACQUISITION LLC d/b/a COLD : :
SPRING HILLS CENTER FOR NURSING & :
REHABILITATION,
:
Defendant(s). :
– – – – – – – – – – – – – – – – – – – – – – – – – – – –X
To: COLD SPRING ACQUISITION LLC d/b/a COLD SPRING HILLS CENTER FOR NURSING &
REHABILITATION, with an address at c/o Bent Philipson, 20 Franklin Place, Woodmere, New York,
11598.
WHEREAS, on January 5, 2024, in an action in the SUPREME COURT OF THE STATE
OF NEW YORK, COUNTY OF NASSAU, between CHRIS TRANSPORTATION SERVICES LLC,
plaintiff, and COLD SPRING ACQUISITION LLC d/b/a COLD SPRING HILLS CENTER FOR
NURSING & REHABILITATION, defendant, a judgment was entered against COLD SPRING
ACQUISITION LLC d/b/a COLD SPRING HILLS CENTER FOR NURSING & REHABILITATION
for the sum of $105,205.48. The sum of $105,205.48 is still due to satisfy that judgment, with interest
thereon.
THEREFORE, PLEASE TAKE NOTICE that you are hereby commanded that all
business and excuses being laid aside to appear and attend before Gregory A. Byrnes, attorney for
CHRIS TRANSPORTATION SERVICES LLC, at their office at 104 West 27th Street, 11th Floor, New
York, New York 10001 on February 10, 2024 at 9:30 am (EST), and at any adjourned date, to testify
and give evidence by deposition upon oral questions on all matters relevant to the satisfaction of such
judgment.
YOU ARE FURTHER HEREBY COMMANDED to produce for use at the deposition
examination the documents and things identified in Exhibit A attached hereto.
TAKE FURTHER NOTICE that false swearing or failure to comply with this subpoena
is punishable as a contempt of court.
[SIGNATURE PAGE FOLLOWS]
FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
Dated: January 11, 2024 ANDERSON LAW
New York, New York Attorneys for Plaintiff
______________________________
Gregory Byrnes (Jan 11, 2024 11:35 EST)
Gregory A. Byrnes
104 West 27th Street, 11th Floor
New York, New York 10001
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FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
EXHIBIT A
(Document Demands)
1. All savings bank books, records, accounts and memoranda, current as well as those that
may have been cancelled or closed, whether in Defendant’s name individually, jointly, in trust, as
custodian, as nominee, or in conjunction with any other person or persons, including but not limited to
deposit slips, withdrawal slips, and money order or bank check stubs;
2. All records, papers and memoranda concerning all checking accounts in Defendant’s name
individually, jointly, in trust, as custodian, as nominee or in conjunction with any other person or persons,
including checkbooks, checkbook stubs, statements, cancelled checks and deposit slips, whether said
accounts are current or may have been closed;
3. All stock certificates, bonds or other securities in Defendant’s name individually, jointly,
in trust, as custodian, as nominee or in conjunction with any other person or persons, or which may be
held in account individually or in conjunction with any other person or persons in any corporation,
domestic and foreign, or issued by the federal government or by any state, municipal or other
governmental agency;
4. All books, records, accounts, monthly statements, statements of transactions and all other
papers and memoranda of stock brokerage accounts in Defendant’s name individually, jointly, in trust, as
custodian, as nominee or in conjunction with any other person or persons;
5. All financial statements prepared on behalf of Defendant and all credit applications;
6. Copies of all Defendant(s)’ federal, state and city income tax returns together with the
schedules, amendments and worksheets thereof and all other papers, documents and memoranda referring
to any adjustments made in connection therewith, together with all 1099, W2 and K4 forms, including all
corporate returns;
7. Any and all contracts for the rental and/or lease of safe deposit boxes or vaults by
Defendant(s);
8. Any and all rental leases, and deeds or conveyances of real property in Defendant’s name
individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other accounts are
current or may have been closed, together with any documentation relative to mortgages, real property
taxes and other expenses and repairs relative to any real property in which Defendant may have an interest
or had an interest within 6 years prior to the commencement of this action;
9. Copies of all corporate books, federal and state income tax returns together with the
schedules and worksheets thereof and all other papers, documents and memoranda relative to any
corporation in which Defendant was or is the owner of any stock;
10. Any records relative to transfers of personal property by Defendant(s) in excess of $2,500;
11. Any and all records, documents, papers and memoranda, including pay stubs, receipts, and
invoices, pertaining to monies received and/or being presently received from all sources by Defendant(s);
FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
12. Any and all policies of insurance including but not limited to theft, floater, liability, health
and accident and automobile, and all records showing payments for premiums therefore;
13. All records of Defendant(s)’ membership in and contributions to any charity or any other
organizations or associations including private or professional clubs or associations;
14. Records of all credit card charges, or any other indebtedness incurred by Defendant;
15. Any and all Defendant(s)’ records, vouchers, documents, papers, or memoranda pertaining
to monies, benefits or reimbursement, whether payable or due to Defendant for salaries, drawings, wages,
travel and entertainment, automobile use or expense, dividends, bonuses, sick pay, pensions or other
retirement accounts, annuities, welfare benefits, profit sharing, stock options; and
16. Any documents pertaining to any educational degrees or professional licenses of
Defendant.
17. Any other records relative to Defendant’s assets, liabilities and expenses.
18. Produce all documents relating to any and all other tangible corporate or personal property
with a value over $2,500 which the judgment debtor currently owns, holds, or claims any type of interest
in, directly or indirectly, in whole or in part, or owned, held, or claimed any type of interest in, directly or
indirectly, in whole or in part, during the relevant time period, including but not limited to:
a. Goods.
b. Equipment and machinery.
c. Inventory.
d. Trade fixtures.
e. Tools.
f. Office equipment and furniture.
g. Computer equipment and networks.
h. Household furnishings, appliances, electronics, computer equipment, televisions, stereos,
audiovisual equipment, and fixtures.
i. Jewelry, artwork, antiques, and collectibles.
j. Clothing.
k. Cash.
l. Precious metals.
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FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
m. Appraisals, invoices, bills of sale, and other documents relating to or evidencing the
value, purchase, receipt, possession, or ownership of any such tangible personal property.
n. All documents relating to or evidencing any other party's interest in or claim to any of the
judgment debtor's tangible personal property, including all debts or liabilities secured by,
or liens, security interests, or other encumbrances in, on, or against the property.
19. Produce all documents relating to or evidencing any transaction in which the judgment
debtor transferred any interest in any of [his/her/its/their] assets over the value of $2,500, in whole or in
part, to any transferee during the relevant time period, including but not limited to:
a. Contractual agreements, including all drafts and markups.
b. Certificates of title or deeds.
c. Publicly filed documents relating to the transaction.
d. Correspondence, internal memoranda, notes, or other records relating to the transaction.
e. All appraisals and other documents relating to or evidencing the fair market value of any
assets transferred in the transaction.
f. All documents relating to or evidencing the consideration paid by the transferee for the
assets transferred in the transaction.
20. All documents relating to or evidencing the judgment debtor's business dealings with
their business associates during the relevant time period, including but not limited to:
a. Documents relating to or evidencing any transaction between the judgment debtor and
any business associate, including all transactions in which either the judgment debtor or
any business associate transferred any interest in any of [his/her/its/their] assets over the
value of $2,500, in whole or in part, to the other party.
b. All contracts, retainer agreements, and other documents evidencing, establishing, or
describing the parties' business or professional relationship.
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FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
AFFIDAVIT OF SERVICE
SUPREME COURT OF TilE STATE OF NEW YORK COUNTY OF NASSAU
C1IRIS TRANSPORTATION SERVICES LLC INDEX No: 618220/2023
Plaintiff/Petitioner
VS
COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER FOR NURSING AND
REHABILITATION
Respondents-Tenants
_..
I, MICHAEL OSGOOD, being first duly sworn, depose and say: that I am over the age of 18 years and not a party to this action, and that within the
boundaries of the state where service was effected, I was authorized by law to perform said service.
Service: I served COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER FOR NURSING AND
REHABILITATION C/O BENT PHILIPSON
with EXHIBIT A
SUBPOENA DUCES TECUM TO TAKE DEPOSITION OF JUDGMENT DEBTOR;
by leaving with MARK At
O Residence: Business: 378 SYOSSET-WOODBURY RD WOODBURY NY I1797
On at
1/13/2024 TIME: 1:07PM;
Manner ofService:
Authorized: BY ATTEMPTING TO PERSONALLY DELIVER TO THE PERSON BEING SERVED AND LEAVING WITH MARK
I arrived at the above address. A male of suitable age and discretion was sitting at the front desk. He identified himself as
MARK the front desk employee. I advised him that I have legal documents for COLD SPRING ACQUISITION LLC D/B/A
COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION C/O BENT PHILIPSON and confirmed that
he was authorized to accept service. He accepted service and I departed the area.
. Thereafter, copies of the documents were enclosed in both, a first-class postpaid envelope and a separate certified mail/return
Mailmg:
receipt envelope property addressed to COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER FOR
NURSING AND REHABILITATION C/O BENT PHILIPSONat the address listed above. Said envelopes were deposited in
January 17, 2024
an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelopes
Confidential"
bore the legend "Personal & and did not indicate on the outside thereof that the communication was from an
attorney or concerns an alleged legal action.
Description: AGE SEX HEIGHT WEIGHT HAIR COLOR ETilNICITY
30-40 MALE 5'5-5'10 150-170 BLACK CAUCASIAN
17*
SUBSCRIBED AND SWORN to before me this day of JANUARY , 2024 , by
MICHAEL OSGOOD proved to me on the basis of satisfactory evidence to be the person(s) who appeared beforeme.
SIGNATU OF PROCESS SERVER NATURE OF NOTARY PUBLIC
IC for the State ofNEW YORK
oAt the time I served the Defendant, I asked hirn/her if he/She was in the mil this state, any other state,
or this nation, and the Defendant responded in the negative. 3.
O The Defendant stated that he/she is in the following military service.
O The Defendant refused to answer
Omni Present Investigations -265 Sunrise Hwy Ste 1-344, Rockville Centre NY 11570
FILED: NASSAU COUNTY CLERK 04/23/2024 09:55 PM INDEX NO. 607095/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/23/2024
AFFIDAVIT OF SERVICE
SUPREME COURT OF TlIE STATE OF NEW YORK COUNTY OF NASSAU
CHRIS TRANSPORTATION SERVICES LLC INDEX No: 618220/2023
Plaintiff/Petitioner
VS
COLD SPRING ACQUISITION LLC D/B/A COLD SPRING H1LLS CENTER FOR NURSING AND
REHABILITATION
Respondents-Tenants
1, MICHAEL OSGOOD, being first duly sworn, depose and say: that I am over the age of 18 years and not a party to this action, and that within the
boundaries of the state where service was eiTected, I was authorized by law to perform said service.
Service: I served COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER FOR NURSING AND
REHABILITATION C/O BENT PHILIPSON
with EXHIBIT A
SUBPOENA DUCES TECUM TO TAKE DEPOSITION OF JUDGMENT DEBTOR;
by mailing too COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER At
FOR NURSING AND REHABILITATION C/O BENT PHILIPSON
Residence: Business: 20 FRANKLIN PLACE WOODMERE NY I1598
On at
1/17/2024 TIME: 9:08AM;
Manner of Service:
O Authorized: BY MAILING TO THE PERSON BEING SERVED
Copies of the documents were enclosed in both, a first-class postpaid envelope and a separate certified mail/return receipt
EMailing:
envelope property addressed to COLD SPRING ACQUISITION LLC D/B/A COLD SPRING HILLS CENTER FOR
NURSING AND REHABILITATION C/O BENT PHILIPSON at the address listed above. Said envelopes were deposited in
January 17, 2024
an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelopes
Confidential"
bore the legend "Personal & and did not indicate on the outside thereof that the communication was from an
attorney or concerns an alleged legal action.
17*
SUBSCRIBED AND SWORN to before me this day of JANUARY , 2024 . by
MICHAEL OSGOOD proved to me on the basis of satisfactory evidence to be the person(s) who appeared beforeme.
SIONATUI · OF PROCESS SERVER E OF NOTARY PUBLIC
he State of NEW YORK
OAt the time I Served the Defendant, I asked him/her if he/she was in the military tate, any other state,
or this nation, and the Defendant responded in the negative. O ho,
O The Defendant stated that he/she is in the following military service.
O The Defendant refused to answer
OmniPresent Investigations - 265 Sunnse Hwy Ste 1-344, Rockville CentreNY 11570