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(FILED: KINGS COUNTY CLERK 11708720171) INDEX NO. 004101/1992
NYSCEF DOC. NO. 20-2 RECEIVED NYSCEF 11/11/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: PART 32
men nnn nnn nnn nnn enn,
RICHARD BROWN, MICHAEL BROWN, Index No.: 4101/92
BRUCE BROWN and ERIC BROWN,
Plaintiff, AFFIDAVIT IN SUPPORT
- against -
ESTATE OF LOUIS COHEN and MOLLIE COHEN
TRUST c/o SIDNEY COHEN,
Defendants.
ELRAC Ine. d/b/a Enterprise Rent-a-Cat/New York,
Respondent/Undertenant.
State of
SS.
County of
RICHARD BROWN, being duly sworn deposes and says that:
1 lam a respondent in the above captioned action. I was also an individually
named defendant in the underlying action wherein a judgment was entered against me, my
brothers and son as the result of our guaranty of a commercial lease. It should be noted that we
had serious disputes with the landlord which were substantiated at trial. The plaintiffs were
granted a judgment of only $119,122.80 in 1996 (of which over $60,000 were attorneys fees),
although I believe the plaintiff sought recovery of over a million dollars in said action.
2 I submit this affidavit in opposition to plaintiff's motion for contempt and in
support of the defendants’ cross-motion for a protective order. I had not heard from anyone
regarding this case since 1999. On or about that time, I gave my 1997 tax return to Mark Cash.
After review of same, ] assume Mr. Cash decided not to proceed with my previously noticed
deposition. Incredibly. Mr. Cash's son Steven Cash, Esq., now seeks to use for my failure to
attend the deposition over twelve years ago as a grounds for contempt. Said position is quite
frankly ridiculous and only designed to harass me and my family. Since Mr. Cash did not follow
up on a deposition demand in over twelve years, he has clearly waived his tight to same. At the
time of my scheduled deposition, I was under going cardiac treatment and was unable to attend
the deposition. I provided proof from my physician and Mr. Cash agreed not to proceed with the
deposition at that time, having already reviewed my tax returns. I never heard from Mark Cash,
Esq. again.
3 Recently I was advised by Russell Shanks, Esq. who represented me at trial that
Mark's son Steven was attempting to serve subpoenas and motions on me as well as virtually my
entire family. I was shocked by said activity especially since Mr. Cash did not appear to be
concerned with following the law in his attempts.
4, By way of example, Mr. Cash alleges that I was served at 16 Court Street,
Brooklyn, NY., 25 East 83rd Street, NY, NY, and 519 Eagleton Cove Trace, Palm Beach, FL
33418. His information is as old as the judgment and with very litle due diligence, Mr. Cash
could have found the following: (a) I never lived at 16 Court Street, but rather had an office there
which we vacat
on ored
about 1994 (b} I have not reside
at Rast
d 83rd Street
in NYC since
I was
separated (and later divorced) from my wife on or about 2001, at which time I retired to Florida.
Further I no longer occupy Eagleton Cove in Palm Beach and.have not since 1999. That was a
property that I owned jointly with my brother in 1999. I am currently livin
on a fixed
g income
and am a full time resident of Florida. As such, my attorney has advised me that service of the
New York subpoena in Florida is improper, and invatid.
5 Likewise, Mr. Cash's purported attempts to serve my brothers are deficient. He
alleges service on Michael at 423 Beach 133rd Street, Belle Harbor, Queens and 40 Via del
Corso, Plam Beach, Florida. Michael has not resided in Queens since 1991 or thereabouts when
he got divorced. Further, he has not resided at Via Del Corso since 2004, and at Seacoast
Towers in Brooklyn, NY since 2000. Michael is also retired and living on a fixed income in
Florida.
6 With respect to my brother Bruce, he has nat resided at 612 Carlyle Street,
Cedarhurst, NY since 2000. He does not reside at 56 Hamilton Avenue, Atlantic Beach, NY.
and he never resided at 25 East 83rd Street, NY, NY, which was my former address. I do not
believe he ever resided at 11950 Torreyanna Circle, west Palm Beach, Florida. Bruce is also
retired and living on a fixed income in Florida.
7 With respect to my son David, he has not resided at East 83rd Street since 2002.
He is currently emancipated and lives on his own. As Ipreviously explained Eagleton Cove was
a property that I owned jointly with Bruce and thus not a proper address for David.
8 All of the foregoing clearly demonstrates that Mr. Cash completely disregards all
tules of law, does not feel compelled to do any due diligence before serving legal process, and
has no good faith basis for service of same. Clearly he is using the judicial process for purposes
of intimidation and harassment. As such, this court should grant a protective order to protect us
from said wrongful acts, and deny plaintiffs motion, since no one has ever been properly served,
and service of a NY subpoena in Florida is improper. Finally, there is no way I could comply
with documents going back to 1996 as those documents no longer exist.
‘cloed.
/ RICHARD BROWN
Sworn to before me this
31st day ofOgtober 2011 MY COMMIS#SIO ZE 115864
N
4, 2015
Bonded Thru Notary |
{———_~
Preview
(FILED: KINGS COUNTY CLERK 11708720171) INDEX NO. 004101/1992 NYSCEF DOC. NO. 20-2 RECEIVED NYSCEF 11/11/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: PART 32 men nnn nnn nnn nnn enn, RICHARD BROWN, MICHAEL BROWN, Index No.: 4101/92 BRUCE BROWN and ERIC BROWN, Plaintiff, AFFIDAVIT IN SUPPORT - against - ESTATE OF LOUIS COHEN and MOLLIE COHEN TRUST c/o SIDNEY COHEN, Defendants. ELRAC Ine. d/b/a Enterprise Rent-a-Cat/New York, Respondent/Undertenant. State of SS. County of RICHARD BROWN, being duly sworn deposes and says that: 1 lam a respondent in the above captioned action. I was also an individually named defendant in the underlying action wherein a judgment was entered against me, my brothers and son as the result of our guaranty of a commercial lease. It should be noted that we had serious disputes with the landlord which were substantiated at trial. The plaintiffs were granted a judgment of only $119,122.80 in 1996 (of which over $60,000 were attorneys fees), although I believe the plaintiff sought recovery of over a million dollars in said action. 2 I submit this affidavit in opposition to plaintiff's motion for contempt and in support of the defendants’ cross-motion for a protective order. I had not heard from anyone regarding this case since 1999. On or about that time, I gave my 1997 tax return to Mark Cash. After review of same, ] assume Mr. Cash decided not to proceed with my previously noticed deposition. Incredibly. Mr. Cash's son Steven Cash, Esq., now seeks to use for my failure to attend the deposition over twelve years ago as a grounds for contempt. Said position is quite frankly ridiculous and only designed to harass me and my family. Since Mr. Cash did not follow up on a deposition demand in over twelve years, he has clearly waived his tight to same. At the time of my scheduled deposition, I was under going cardiac treatment and was unable to attend the deposition. I provided proof from my physician and Mr. Cash agreed not to proceed with the deposition at that time, having already reviewed my tax returns. I never heard from Mark Cash, Esq. again. 3 Recently I was advised by Russell Shanks, Esq. who represented me at trial that Mark's son Steven was attempting to serve subpoenas and motions on me as well as virtually my entire family. I was shocked by said activity especially since Mr. Cash did not appear to be concerned with following the law in his attempts. 4, By way of example, Mr. Cash alleges that I was served at 16 Court Street, Brooklyn, NY., 25 East 83rd Street, NY, NY, and 519 Eagleton Cove Trace, Palm Beach, FL 33418. His information is as old as the judgment and with very litle due diligence, Mr. Cash could have found the following: (a) I never lived at 16 Court Street, but rather had an office there which we vacat on ored about 1994 (b} I have not reside at Rast d 83rd Street in NYC since I was separated (and later divorced) from my wife on or about 2001, at which time I retired to Florida. Further I no longer occupy Eagleton Cove in Palm Beach and.have not since 1999. That was a property that I owned jointly with my brother in 1999. I am currently livin on a fixed g income and am a full time resident of Florida. As such, my attorney has advised me that service of the New York subpoena in Florida is improper, and invatid. 5 Likewise, Mr. Cash's purported attempts to serve my brothers are deficient. He alleges service on Michael at 423 Beach 133rd Street, Belle Harbor, Queens and 40 Via del Corso, Plam Beach, Florida. Michael has not resided in Queens since 1991 or thereabouts when he got divorced. Further, he has not resided at Via Del Corso since 2004, and at Seacoast Towers in Brooklyn, NY since 2000. Michael is also retired and living on a fixed income in Florida. 6 With respect to my brother Bruce, he has nat resided at 612 Carlyle Street, Cedarhurst, NY since 2000. He does not reside at 56 Hamilton Avenue, Atlantic Beach, NY. and he never resided at 25 East 83rd Street, NY, NY, which was my former address. I do not believe he ever resided at 11950 Torreyanna Circle, west Palm Beach, Florida. Bruce is also retired and living on a fixed income in Florida. 7 With respect to my son David, he has not resided at East 83rd Street since 2002. He is currently emancipated and lives on his own. As Ipreviously explained Eagleton Cove was a property that I owned jointly with Bruce and thus not a proper address for David. 8 All of the foregoing clearly demonstrates that Mr. Cash completely disregards all tules of law, does not feel compelled to do any due diligence before serving legal process, and has no good faith basis for service of same. Clearly he is using the judicial process for purposes of intimidation and harassment. As such, this court should grant a protective order to protect us from said wrongful acts, and deny plaintiffs motion, since no one has ever been properly served, and service of a NY subpoena in Florida is improper. Finally, there is no way I could comply with documents going back to 1996 as those documents no longer exist. ‘cloed. / RICHARD BROWN Sworn to before me this 31st day ofOgtober 2011 MY COMMIS#SIO ZE 115864 N 4, 2015 Bonded Thru Notary | {———_~