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At IAS Part ____ of the Supreme Court of the
State of New York, held in and for the County
of Kings, located at 360 Adams Street,
Brooklyn, New York 11201, on January ___,
2020.
PRESENT: _______________________________, J.S.C.
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SHAUL KOPELOWITZ,
Plaintiff, ORDER TO SHOW CAUSE
-against- Index No. 527036/2019
TOBY MOSKOWITZ and MICHAEL A/K/A YECHIEL
LICHTENSTEIN,
Defendants.
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UPON the annexed affirmation of Anthony Genovesi dated January 16, 2020, the Affidavit
of Toby Moskovits sued herein as Toby Moskowitz sworn to on January 16, 2020, the Affirmation
of Notice pursuant to 22 NYCRR 202.7(f) of Julie A. Levine, Esq., dated January 16, 2020, the
Judgment by Confession duly entered in the Kings County Clerk’s Office on December 13, 2019
in the principal amount of $6,350,225.00 (the “Judgment”), the exhibits annexed hereto, and all
prior proceedings had herein,
LET, plaintiff SHAUL KOPELOWITZ (“Plaintiff”), show cause before the Supreme
Court, Kings County, at the courthouse located at 360 Adams Street, IAS Part ___, Brooklyn, New
York 11201, on the ____ day of January, 2020, at 10:00 a.m. in the forenoon of that date, or as
soon thereafter as counsel may be heard, why an order should not be made and entered:
1. Vacating the Judgment for Plaintiff wrongfully and without authority causing the
Judgment to be duly filed and entered with the Kings County Clerk in violation of the Escrow
Agreement dated August 3, 2018;
2. Vacating the Judgment for Plaintiff fraudulently misrepresenting that his
$6,000,00.00 capital contribution was a loan;
3. Vacating the Judgment for the Affirmation of Confession of Judgment dated
August 3, 2018 fails to concisely state the facts out of which the alleged debt arose and showing
the amount confessed is justly due or may become due pursuant CPLR § 3218(a)(2); and
4. Granting Defendants such other and further relief as this Court deems just and
proper.
SUFFICIENT REASON APPEARING THEREOF, it is:
ORDERED, that pending a hearing and determination of this motion, Plaintiff Shaul
Kopelowitz shall be enjoined from enforcing and recovering under the terms of the
Judgment by Confession duly entered in the Kings County Clerk’s Office on December 13,
2019 in the principal amount of $6,350,225.00, as against Defendants Toby Moskovits sued
herein as Toby Moskowitz and Michael a/k/a Yechiel Lichtenstein; and
IT IS HEREBY FURTHER ORDERED, that service of the order to show cause and papers
upon which it was made upon counsel for Plaintiff by overnight delivery on or before the ___ day
of _______________, 2020, shall be deemed good and sufficient service thereof.
E N T E R:
_________________________________
J.S.C.
2
Preview
At IAS Part ____ of the Supreme Court of the State of New York, held in and for the County of Kings, located at 360 Adams Street, Brooklyn, New York 11201, on January ___, 2020. PRESENT: _______________________________, J.S.C. --------------------------------------------------------------------------X SHAUL KOPELOWITZ, Plaintiff, ORDER TO SHOW CAUSE -against- Index No. 527036/2019 TOBY MOSKOWITZ and MICHAEL A/K/A YECHIEL LICHTENSTEIN, Defendants. -----------------------------------------------------------------------X UPON the annexed affirmation of Anthony Genovesi dated January 16, 2020, the Affidavit of Toby Moskovits sued herein as Toby Moskowitz sworn to on January 16, 2020, the Affirmation of Notice pursuant to 22 NYCRR 202.7(f) of Julie A. Levine, Esq., dated January 16, 2020, the Judgment by Confession duly entered in the Kings County Clerk’s Office on December 13, 2019 in the principal amount of $6,350,225.00 (the “Judgment”), the exhibits annexed hereto, and all prior proceedings had herein, LET, plaintiff SHAUL KOPELOWITZ (“Plaintiff”), show cause before the Supreme Court, Kings County, at the courthouse located at 360 Adams Street, IAS Part ___, Brooklyn, New York 11201, on the ____ day of January, 2020, at 10:00 a.m. in the forenoon of that date, or as soon thereafter as counsel may be heard, why an order should not be made and entered: 1. Vacating the Judgment for Plaintiff wrongfully and without authority causing the Judgment to be duly filed and entered with the Kings County Clerk in violation of the Escrow Agreement dated August 3, 2018; 2. Vacating the Judgment for Plaintiff fraudulently misrepresenting that his $6,000,00.00 capital contribution was a loan; 3. Vacating the Judgment for the Affirmation of Confession of Judgment dated August 3, 2018 fails to concisely state the facts out of which the alleged debt arose and showing the amount confessed is justly due or may become due pursuant CPLR § 3218(a)(2); and 4. Granting Defendants such other and further relief as this Court deems just and proper. SUFFICIENT REASON APPEARING THEREOF, it is: ORDERED, that pending a hearing and determination of this motion, Plaintiff Shaul Kopelowitz shall be enjoined from enforcing and recovering under the terms of the Judgment by Confession duly entered in the Kings County Clerk’s Office on December 13, 2019 in the principal amount of $6,350,225.00, as against Defendants Toby Moskovits sued herein as Toby Moskowitz and Michael a/k/a Yechiel Lichtenstein; and IT IS HEREBY FURTHER ORDERED, that service of the order to show cause and papers upon which it was made upon counsel for Plaintiff by overnight delivery on or before the ___ day of _______________, 2020, shall be deemed good and sufficient service thereof. E N T E R: _________________________________ J.S.C. 2