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INDEX NO. 500201/2010
(FILED: KINGS COUNTY CLERK 04726720171)
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 04/26/2011
At an LAS. Trial Term, Part) of the Supreme
Court of the State of New York, held in and for the
County of Kings, at the Courthouse, lecated at
Civic Center, Borough of Brooklyn, City and State
of New York,
on the // day of Ayr! 20//
PRES ENT
Hon._/are4&. Kat tee “5
Cal. No. [Jand AE
Velde Fu /da Plaintifi(s) Index No. [O02 °1/2 010
~ against -
Eli ©. Nhjfes Defendant(s)
The following papers numbered 1 to read on this motion Papers Numbered
Notice of Motion Order to Show Cause
and Affidavits (Affirmations) Annexed,
Answering Affidavit (Affirmation),
Reply Affidavit (Affirmation),
(Affirmation),
Pleadings
- Exhibits.
Stipulations - Minutes.
Filed Papers.
flantttis Motion tor Contempt js
denied with Jeswe to renew
Dele det Crops Mobo iS Wi Chavet
For Clerks
use only
MG
Sood MD
E
Ws ety
Karen © Cou
Justice, 5 preme
EsV-tev 11-04
FILED
APR 2 1 2011
KINGS COUNTY CLERK'S OFFICE
a
Philip R. Berwish, Esq.
228 Park Avenue South ~ Suite 30780
Wy
3 3) New York, New York 10003
(800) 547-8717
Attorney for the Plaintiff, Yehuda Fulda
uy be
SUPREME COURT OF THE STATE OF NEW YORK (
COUNTY OF KINGS: COMMERCIAL DIVISION
ee ee se ew rere
eee nner nes
INDEX NO. 500201/2010
YEHUDA FULDA,
Plaintiff
- against - NOTICE OF MOTION
ELI S. MILES,
Defendant
(FC | p
SIR: WARNING:
{PURSUANT TO N.Y. JUD. LAW § 756)
YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN
DEFENDANT’S IMMEDIATE ARREST AND IMPRISONMENT FOR
CONTEMPT OF COURT.
THE PURPOSE OF THIS MOTION IS TO PUNISH THE
DEFENDANT FOR CONTEMPT OF COURT, AND
SUCH PUNISHMENT MAY CONSIST OF FINE OR
IMPRISONEMENT, OR BOTH.
PLEASE TAKE NOTICE that upon the Affirmation of Philip R. Berwish, sworm
to on December 10, 2010, the Plaintiff's Motion For Contempt And Sanctions, And/Or
Alternatively, For Judgment, dated December 10, 2010, and all exhibits, papers and
proceedings heretofore had herein, the Plaintiff, Yehuda Fulda, will move this Court at an
IAS Part of this Court to be determined, at the Courthouse at 360 Adams Street, Brooklyn,
New York 11201, on the 5th day of January, 2011, at 9:30 o’clock a.m., or as soon
thereafter as counsel can be heard for an Order, finding the Defendant in contempt of the
Order dated August 5, 2010, awarding sanctions in favor of the Plaintiff and/or, alternatively,
for judgment to enter against the Defendant on al] counts in Plaintiff's Verified Complaint,
mete
and for such further and different relief as the Court deems just and proper. 1
at aed
ol Y I
(ULC sheet if
are required to be served
Pursuant to CPLR § 2214(b), answering affidavits, if any,
of this motion.
upon the undersigned at least seven (7) days before the return date
Dated: New York, New York Respect!
December 13, 2010
Philip R. Berwish, i
228 Park Avenue South Suite 30780
New York, New York 10003
(800) 547-8717
berwish@gmail.com
TO:
Samuel Diamantstein, Esq.
LAW OFFICES OF DAVID CARLEBACH, ESQ.
40 Exchange Place
New York, New York 10005
(212) 785-3041
am@carlebachlaw.com
Attorneys for Defendant, Eli S. Miles
AFFIRMATION OF SERVICE
I, Philip R. Berwish, an attorney duly admitted to practic
e before the courts of the State
under the pains and penalties of
of New York, do hereby represent, ce! tify and affirm,
perjury, that on December 14, 2010, a true and correct
copy of the forgoing NOTICE OF
via e-mail, upon the
MOTION was filed electronically with the court, and was served
as follows:
counsel of record for the Defendant, Eli S. Miles, addressed
Samuel Diamantstein, Esq.
LAW OFFICES OF DAVID CARLEBACH, ESQ.
40 Exchange Place
New York, New York 10005
(212) 785-3041
sam@carlebachlaw.com
Attorneys for Defendant, Eli S. Miles
ja
Philip R Berwis .
228 Park Avenue South ~ Suite 30780
New York, New York 10003
(800) 547-8717
berwish@gmail.com
Attorney for the Plaintiff,
Yehuda Fulda
ws
Preview
INDEX NO. 500201/2010 (FILED: KINGS COUNTY CLERK 04726720171) NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 04/26/2011 At an LAS. Trial Term, Part) of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, lecated at Civic Center, Borough of Brooklyn, City and State of New York, on the // day of Ayr! 20// PRES ENT Hon._/are4&. Kat tee “5 Cal. No. [Jand AE Velde Fu /da Plaintifi(s) Index No. [O02 °1/2 010 ~ against - Eli ©. Nhjfes Defendant(s) The following papers numbered 1 to read on this motion Papers Numbered Notice of Motion Order to Show Cause and Affidavits (Affirmations) Annexed, Answering Affidavit (Affirmation), Reply Affidavit (Affirmation), (Affirmation), Pleadings - Exhibits. Stipulations - Minutes. Filed Papers. flantttis Motion tor Contempt js denied with Jeswe to renew Dele det Crops Mobo iS Wi Chavet For Clerks use only MG Sood MD E Ws ety Karen © Cou Justice, 5 preme EsV-tev 11-04 FILED APR 2 1 2011 KINGS COUNTY CLERK'S OFFICE a Philip R. Berwish, Esq. 228 Park Avenue South ~ Suite 30780 Wy 3 3) New York, New York 10003 (800) 547-8717 Attorney for the Plaintiff, Yehuda Fulda uy be SUPREME COURT OF THE STATE OF NEW YORK ( COUNTY OF KINGS: COMMERCIAL DIVISION ee ee se ew rere eee nner nes INDEX NO. 500201/2010 YEHUDA FULDA, Plaintiff - against - NOTICE OF MOTION ELI S. MILES, Defendant (FC | p SIR: WARNING: {PURSUANT TO N.Y. JUD. LAW § 756) YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN DEFENDANT’S IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. THE PURPOSE OF THIS MOTION IS TO PUNISH THE DEFENDANT FOR CONTEMPT OF COURT, AND SUCH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONEMENT, OR BOTH. PLEASE TAKE NOTICE that upon the Affirmation of Philip R. Berwish, sworm to on December 10, 2010, the Plaintiff's Motion For Contempt And Sanctions, And/Or Alternatively, For Judgment, dated December 10, 2010, and all exhibits, papers and proceedings heretofore had herein, the Plaintiff, Yehuda Fulda, will move this Court at an IAS Part of this Court to be determined, at the Courthouse at 360 Adams Street, Brooklyn, New York 11201, on the 5th day of January, 2011, at 9:30 o’clock a.m., or as soon thereafter as counsel can be heard for an Order, finding the Defendant in contempt of the Order dated August 5, 2010, awarding sanctions in favor of the Plaintiff and/or, alternatively, for judgment to enter against the Defendant on al] counts in Plaintiff's Verified Complaint, mete and for such further and different relief as the Court deems just and proper. 1 at aed ol Y I (ULC sheet if are required to be served Pursuant to CPLR § 2214(b), answering affidavits, if any, of this motion. upon the undersigned at least seven (7) days before the return date Dated: New York, New York Respect! December 13, 2010 Philip R. Berwish, i 228 Park Avenue South Suite 30780 New York, New York 10003 (800) 547-8717 berwish@gmail.com TO: Samuel Diamantstein, Esq. LAW OFFICES OF DAVID CARLEBACH, ESQ. 40 Exchange Place New York, New York 10005 (212) 785-3041 am@carlebachlaw.com Attorneys for Defendant, Eli S. Miles AFFIRMATION OF SERVICE I, Philip R. Berwish, an attorney duly admitted to practic e before the courts of the State under the pains and penalties of of New York, do hereby represent, ce! tify and affirm, perjury, that on December 14, 2010, a true and correct copy of the forgoing NOTICE OF via e-mail, upon the MOTION was filed electronically with the court, and was served as follows: counsel of record for the Defendant, Eli S. Miles, addressed Samuel Diamantstein, Esq. LAW OFFICES OF DAVID CARLEBACH, ESQ. 40 Exchange Place New York, New York 10005 (212) 785-3041 sam@carlebachlaw.com Attorneys for Defendant, Eli S. Miles ja Philip R Berwis . 228 Park Avenue South ~ Suite 30780 New York, New York 10003 (800) 547-8717 berwish@gmail.com Attorney for the Plaintiff, Yehuda Fulda ws