Preview
FILED: ROCKLAND COUNTY CLERK 04/30/2024 01:39 PM INDEX NO. 032359/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/30/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-----------------------------------------------------------------X Special Proceeding
Apollo Funding Co., Index No.
Petitioner/Plaintiff,
PETITION
-v-
POLISHED BEAUTY INC / POLISHED BEAUTY
FREMONT INC / GIT PAID MUSIC GROUP / KPAY
INTERNATIONAL / JEWEL LINES PRODUCTS, INC
/ ASSEMBLY MUSIC GROUP, INC. / D.O.B
ENTERTAINMENT LLC / WORLDWIDE
ENTERTAINMENT GROUP / T & R INC. / DBA
POLISHED BEAUTY LOUNGE and EUGENE
THOMAS JR,
Respondents/Judgment-Debtors.
Bank of America
Respondent/ Bank
-----------------------------------------------------------------X
STATE OF NEW YORK)
ss:
COUNTY OF ROCKLAND)
Adam Nichols, Esq, an attorney duly licensed to practice law before the Courts of the State
of New York, affirms the truth of the following under penalty of perjury pursuant to CPLR 2106:
1. I am an attorney with the office of Piekarski Law, PLLC, attorneys for Plaintiff/Petitioner
CAPYTAL.com (“Petitioner”). As such, I am authorized to make this Affirmation and I do so
based upon my own personal knowledge gained during this representation and my review of all
documents relevant to this application, which are attached as exhibits. If, however, a statement is
made upon information and belief that I believe it to be true but do not have sufficient knowledge
and/or evidence at this point to state it with certainty.
2. Petitioner is a Company organized under the laws of the State of New York with its
principal office at 1545 Route 202, Suite 203, Pomona, NY 10970.
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3. Respondent Bank of America is a Company organized under the laws of the United States
of America, with offices in the State of New York.
4. On January 8, 2024, in the Supreme Court of the State of New York, County of
ROCKLAND, a judgment was rendered in favor of Petitioner and against Respondents-Judgment
Debtors in the amount of $23,012.14. A copy of the judgment is annexed hereto as Exhibit "A".
5. Pursuant to CPLR §5221(a)(4), this Special Proceeding has been commenced in
ROCKLAND County, the county in which the judgment was entered.
6. On or prior to , Bank of America was served with a restraining notice under CPLR §5222(b)
as to the accounts held by the Judgment Debtors.
7. Thereafter, Bank of America responded to the restraining notice, indicating that Bank of
America was holding accounts in the name of Respondents-Judgment Debtors. A copy of their
response is annexed hereto as "Exhibit B."
8. The judgment entered is plainly valid on its face and enforceable in New York.
9. CPLR Section 5225(b) provides in relevant part, "Upon a special proceeding commenced
by the judgment creditor, against a person in possession or custody or money or other personal
property in which the judgment debtor has an interest, or against a person who is a transferee of
money or other personal property from the judgment debtor, where it is shown that the judgment
debtor is entitled to the possession of such property or that the judgment creditor’s rights to the
property are superior to those of the transferee, the court shall require such person to pay the
money, or so much of it as is sufficient to satisfy the judgment, to the judgment creditor and, if the
amount to be paid is insufficient to satisfy the judgment, to deliver any other personal property, or
so much of it as is of sufficient value to satisfy the judgment, to a designated sheriff.”
10. Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 911 N.E.2d 825 (2009), provides that a “a
New York court with personal jurisdiction over a defendant may order him to turn over out-of-
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state property regardless of whether the defendant is a judgment debtor or a garnishee.”
11. The ruling in Koehler, and its progeny, should apply to this special proceeding as well.
Being that the funds are held in Bank of America, a bank plainly subject to New York jurisdiction 1,
it follows that this Court can Order Bank of America to turn over the funds to the Petitioner.
WHEREFORE, Petitioner demands judgment requiring Bank of America to turn over any
and all safe deposit boxes, if any, and funds held in deposit accounts held in the name of Judgment
Debtors, including any held jointly with any other individual up to the judgment amount of
$23,012.14, plus interest from January 8, 2024, plus 5% poundage pursuant to CPLR §8012, for a
total of $26,178.96, to Petitioner, and deliver any document necessary to effect payment, and for
such other and further relief, as the court may deem just and proper.
Dated: New York, New York
April 30, 2024
/s/ Adam Nichols, Esq.
Adam Nichols, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd Fl
New York, New York 10004
Phone: 646-968-8201
adam@piekarski-law.com
1
It is clear that Bank of America conducts systematic and continuous business in New York based on its multiple
branch locations, and office locations throughout the state of New York and is subject to jurisdiction herein as such.
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Preview
FILED: ROCKLAND COUNTY CLERK 04/30/2024 01:39 PM INDEX NO. 032359/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/30/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -----------------------------------------------------------------X Special Proceeding Apollo Funding Co., Index No. Petitioner/Plaintiff, PETITION -v- POLISHED BEAUTY INC / POLISHED BEAUTY FREMONT INC / GIT PAID MUSIC GROUP / KPAY INTERNATIONAL / JEWEL LINES PRODUCTS, INC / ASSEMBLY MUSIC GROUP, INC. / D.O.B ENTERTAINMENT LLC / WORLDWIDE ENTERTAINMENT GROUP / T & R INC. / DBA POLISHED BEAUTY LOUNGE and EUGENE THOMAS JR, Respondents/Judgment-Debtors. Bank of America Respondent/ Bank -----------------------------------------------------------------X STATE OF NEW YORK) ss: COUNTY OF ROCKLAND) Adam Nichols, Esq, an attorney duly licensed to practice law before the Courts of the State of New York, affirms the truth of the following under penalty of perjury pursuant to CPLR 2106: 1. I am an attorney with the office of Piekarski Law, PLLC, attorneys for Plaintiff/Petitioner CAPYTAL.com (“Petitioner”). As such, I am authorized to make this Affirmation and I do so based upon my own personal knowledge gained during this representation and my review of all documents relevant to this application, which are attached as exhibits. If, however, a statement is made upon information and belief that I believe it to be true but do not have sufficient knowledge and/or evidence at this point to state it with certainty. 2. Petitioner is a Company organized under the laws of the State of New York with its principal office at 1545 Route 202, Suite 203, Pomona, NY 10970. 1 of 3 FILED: ROCKLAND COUNTY CLERK 04/30/2024 01:39 PM INDEX NO. 032359/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/30/2024 3. Respondent Bank of America is a Company organized under the laws of the United States of America, with offices in the State of New York. 4. On January 8, 2024, in the Supreme Court of the State of New York, County of ROCKLAND, a judgment was rendered in favor of Petitioner and against Respondents-Judgment Debtors in the amount of $23,012.14. A copy of the judgment is annexed hereto as Exhibit "A". 5. Pursuant to CPLR §5221(a)(4), this Special Proceeding has been commenced in ROCKLAND County, the county in which the judgment was entered. 6. On or prior to , Bank of America was served with a restraining notice under CPLR §5222(b) as to the accounts held by the Judgment Debtors. 7. Thereafter, Bank of America responded to the restraining notice, indicating that Bank of America was holding accounts in the name of Respondents-Judgment Debtors. A copy of their response is annexed hereto as "Exhibit B." 8. The judgment entered is plainly valid on its face and enforceable in New York. 9. CPLR Section 5225(b) provides in relevant part, "Upon a special proceeding commenced by the judgment creditor, against a person in possession or custody or money or other personal property in which the judgment debtor has an interest, or against a person who is a transferee of money or other personal property from the judgment debtor, where it is shown that the judgment debtor is entitled to the possession of such property or that the judgment creditor’s rights to the property are superior to those of the transferee, the court shall require such person to pay the money, or so much of it as is sufficient to satisfy the judgment, to the judgment creditor and, if the amount to be paid is insufficient to satisfy the judgment, to deliver any other personal property, or so much of it as is of sufficient value to satisfy the judgment, to a designated sheriff.” 10. Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 911 N.E.2d 825 (2009), provides that a “a New York court with personal jurisdiction over a defendant may order him to turn over out-of- 2 of 3 FILED: ROCKLAND COUNTY CLERK 04/30/2024 01:39 PM INDEX NO. 032359/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/30/2024 state property regardless of whether the defendant is a judgment debtor or a garnishee.” 11. The ruling in Koehler, and its progeny, should apply to this special proceeding as well. Being that the funds are held in Bank of America, a bank plainly subject to New York jurisdiction 1, it follows that this Court can Order Bank of America to turn over the funds to the Petitioner. WHEREFORE, Petitioner demands judgment requiring Bank of America to turn over any and all safe deposit boxes, if any, and funds held in deposit accounts held in the name of Judgment Debtors, including any held jointly with any other individual up to the judgment amount of $23,012.14, plus interest from January 8, 2024, plus 5% poundage pursuant to CPLR §8012, for a total of $26,178.96, to Petitioner, and deliver any document necessary to effect payment, and for such other and further relief, as the court may deem just and proper. Dated: New York, New York April 30, 2024 /s/ Adam Nichols, Esq. Adam Nichols, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd Fl New York, New York 10004 Phone: 646-968-8201 adam@piekarski-law.com 1 It is clear that Bank of America conducts systematic and continuous business in New York based on its multiple branch locations, and office locations throughout the state of New York and is subject to jurisdiction herein as such. 3 of 3