Preview
In IAS Part 15 of the Supreme Court of the
State of New York, in and for the County of
New York, located at 71 Thomas Street,
New York, New York, on the___—_ day of
February, 2016.
PRESENT:
HON. EILEEN A. RAKOWER,
Justice.
LUXURY MORTGAGE CORP., : Index No. 652746/2015
Plaintiff,
- against - : ORDER TO SHOW CAUSE
FOR ORDER OF CONTEMPT
STEPHEN J. BENINATI, : AND COMPLIANCE
Defendant.
nent nett ene ene menmene nena mnn enna en an een! x
PLEASE TAKE NOTICE, THAT THE PURPOSE OF THE HEARING
UPON THE FOLLOWING APPLICATION IS TO PUNISH THE
ACCUSED, STEPHEN J. BEINATI AND SONDRA WEBB BENINATL FOR
CONTEMPT OF COURT, AND THAT SUCH PUNISHMENT MAY
CONSIST OF FINE OR IMPRISONMENT, OR BOTH, ACCORDING TO
LAW.
WARNING: YOUR FAILURE TO APPEAR IN COURT MAY
RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR
CONTEMPT OF COURT.
UPON the reading and filing of the annexed Affirmation of Pamela L. Kleinberg, dated
February 12, 2016, with exhibits thereto, and upon all prior pleadings and proceedings heretofore
had herein, it is hereby
ORDERED that defendant-judgment debtor, Stephen J. Beninati (“Defendant”), and his
wife, Sondra (Webb) Beninati (“Sondra Beninati”), show cause before the Court at IAS Part
on the day of , 2016, at : o'clock in the noon of that day,
00879121.1
|or as soon as counsel may be heard, at the Courthouse located at 71 Thomas Street, Room 205,
New York, New York 10013, why an order should not be granted:
(@)
(b)
(c)
@
pursuant to CPLR § 5251 and New York State Judiciary Law §§ 753(A)(5): () adjudging
and declaring Stephen J. Beninati and Sondra Beninati in contempt of court for willfully
disobeying plaintiff's Subpoenas Ad Testificandum and Duces Tecum, dated December
21, 2015 (the “Subpoénas”), and punishing Defendant and Sondra Beninati for such
contempt by awarding plaintiff its costs, expenses, and reasonable attorneys’ fees from
Stephen Beninati and Sondra Beninati in the amount of $2,948.50, and directing them to
pay such amount to Wilk Auslander LLP, as counsel for plaintiff, within ten (10) days of
entry of an order of this Court granting this motion;
pursuant to Judiciary Law § 791, imposing a statutory fine against Stephen Beninati and
Sondra Beninati, each in the amount of $1,000.00, and issuing a warrant, under the seal
of the Court, directed to the Sheriff of New York County, and commanding him to collect
from each of Stephen Beninati and Sondra Beninati, such fine in the amount of $1,000, to
be paid over to the treasurer of New York County;
directing Stephen Beninati and Sondra Beninati to appear for a deposition before Wilk
Auslander LLP, at 10:00 a.m., at its offices located at 1515 Broadway, 43rd Floor, New
York, New York 10036, within ten (10) days of entry of an order of this Court granting
this motion, to testify and produce documents concerning the assets and property of
Defendant that may be subject to the judgment entered in this action on December 14,
2015, in favor of plaintiff and against Defendant in the amount of $270,942.03 (the
“Judgment”); and.
awarding such other and further relief as the Court deems just and proper; and sufficient
cause appearing therefore, it is hereby
00879121.1 2
|
i
|ORDERED, that service of a copy of this Order, and the supporting papers upon which it
is based, by personal service pursuant to CPLR 308, to: (1) Defendant Stephen J. Beninati, at 303
East 83rd Street, Apt. 30A, New York, New York 10028; and (2) Sondra (Webb) Beninati, at
303 East 83rd Street, Apt. 30A, New York, New York 10028; by , 2016, shall :
be deemed good and sufficient service thereof.
ENTER:
JS.C.
0087912 1.1 3
Preview
In IAS Part 15 of the Supreme Court of the State of New York, in and for the County of New York, located at 71 Thomas Street, New York, New York, on the___—_ day of February, 2016. PRESENT: HON. EILEEN A. RAKOWER, Justice. LUXURY MORTGAGE CORP., : Index No. 652746/2015 Plaintiff, - against - : ORDER TO SHOW CAUSE FOR ORDER OF CONTEMPT STEPHEN J. BENINATI, : AND COMPLIANCE Defendant. nent nett ene ene menmene nena mnn enna en an een! x PLEASE TAKE NOTICE, THAT THE PURPOSE OF THE HEARING UPON THE FOLLOWING APPLICATION IS TO PUNISH THE ACCUSED, STEPHEN J. BEINATI AND SONDRA WEBB BENINATL FOR CONTEMPT OF COURT, AND THAT SUCH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH, ACCORDING TO LAW. WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. UPON the reading and filing of the annexed Affirmation of Pamela L. Kleinberg, dated February 12, 2016, with exhibits thereto, and upon all prior pleadings and proceedings heretofore had herein, it is hereby ORDERED that defendant-judgment debtor, Stephen J. Beninati (“Defendant”), and his wife, Sondra (Webb) Beninati (“Sondra Beninati”), show cause before the Court at IAS Part on the day of , 2016, at : o'clock in the noon of that day, 00879121.1 |or as soon as counsel may be heard, at the Courthouse located at 71 Thomas Street, Room 205, New York, New York 10013, why an order should not be granted: (@) (b) (c) @ pursuant to CPLR § 5251 and New York State Judiciary Law §§ 753(A)(5): () adjudging and declaring Stephen J. Beninati and Sondra Beninati in contempt of court for willfully disobeying plaintiff's Subpoenas Ad Testificandum and Duces Tecum, dated December 21, 2015 (the “Subpoénas”), and punishing Defendant and Sondra Beninati for such contempt by awarding plaintiff its costs, expenses, and reasonable attorneys’ fees from Stephen Beninati and Sondra Beninati in the amount of $2,948.50, and directing them to pay such amount to Wilk Auslander LLP, as counsel for plaintiff, within ten (10) days of entry of an order of this Court granting this motion; pursuant to Judiciary Law § 791, imposing a statutory fine against Stephen Beninati and Sondra Beninati, each in the amount of $1,000.00, and issuing a warrant, under the seal of the Court, directed to the Sheriff of New York County, and commanding him to collect from each of Stephen Beninati and Sondra Beninati, such fine in the amount of $1,000, to be paid over to the treasurer of New York County; directing Stephen Beninati and Sondra Beninati to appear for a deposition before Wilk Auslander LLP, at 10:00 a.m., at its offices located at 1515 Broadway, 43rd Floor, New York, New York 10036, within ten (10) days of entry of an order of this Court granting this motion, to testify and produce documents concerning the assets and property of Defendant that may be subject to the judgment entered in this action on December 14, 2015, in favor of plaintiff and against Defendant in the amount of $270,942.03 (the “Judgment”); and. awarding such other and further relief as the Court deems just and proper; and sufficient cause appearing therefore, it is hereby 00879121.1 2 | i |ORDERED, that service of a copy of this Order, and the supporting papers upon which it is based, by personal service pursuant to CPLR 308, to: (1) Defendant Stephen J. Beninati, at 303 East 83rd Street, Apt. 30A, New York, New York 10028; and (2) Sondra (Webb) Beninati, at 303 East 83rd Street, Apt. 30A, New York, New York 10028; by , 2016, shall : be deemed good and sufficient service thereof. ENTER: JS.C. 0087912 1.1 3