Preview
FILED: KINGS COUNTY CLERK 01/17/2020 12:33 PM INDEX NO. 527036/2019
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2020
c.o
At IAS Part Êof the Supreme Court of the
State ofNew York, held in and for the County
of Kings, located at 360 Adams Str et
Brooklyn, New York 11201, on January
2020.
PRESENT:1...E0/\ 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.
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
. 360 C.-OM
Court, Kings County, at the courthouse located at MS-Adams Stroet, IAS Part_S, Brooklyn, New
York I1201, on the day of January, 2020, at 10:00 a.m. in the forenoon of that date, or as
soon thereafter as enonse may be heard, why an order should not be made and entered:
l. . Vacating the Judgment for Plaintiff wrongfully and without authority causing the
Judgment to be filed and entered with the Kings County Clerk in violation of the Escrow
duly
Agreement dated August 3, 20t8; .
1 of 2
FILED: KINGS COUNTY CLERK 01/17/2020 12:33 PM INDEX NO. 527036/2019
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2020
2. Vacating the Judgment for Plaintiff that his
fraudulently misrepresenting
$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.
SUF FICIENT REASON APPEARING THEREOF, itis:
ORDERED, that pending a hearing and-detasseinetion of this motion Plaintiff Shaul
ope!êwitz shall be enjoined from enforcing and recovering under the terms of the
dg=ent by Confession duly catered in the Kings County Clerk's Office on December 13,
2019 in the principal :::::± of $6,350,225.00, as against Defendants Toby Moskovits sued
herein as Toby Moskowitz and Michael a/k/a Yechiel Lichtenstein; and
service of the order to show cause and papers
upon which itwas made upon counsel for Plaintiff mvernight on or before the2c ay
hy aeliwey
of 3 00 , 2020, shall be deemed good and ufficient service thereof.
E N T E R:
J.S.C.
HON. LEON RUCHELSMAN
2 of 2
Preview
FILED: KINGS COUNTY CLERK 01/17/2020 12:33 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2020 c.o At IAS Part Êof the Supreme Court of the State ofNew York, held in and for the County of Kings, located at 360 Adams Str et Brooklyn, New York 11201, on January 2020. PRESENT:1...E0/\ 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. 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 . 360 C.-OM Court, Kings County, at the courthouse located at MS-Adams Stroet, IAS Part_S, Brooklyn, New York I1201, on the day of January, 2020, at 10:00 a.m. in the forenoon of that date, or as soon thereafter as enonse may be heard, why an order should not be made and entered: l. . Vacating the Judgment for Plaintiff wrongfully and without authority causing the Judgment to be filed and entered with the Kings County Clerk in violation of the Escrow duly Agreement dated August 3, 20t8; . 1 of 2 FILED: KINGS COUNTY CLERK 01/17/2020 12:33 PM INDEX NO. 527036/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2020 2. Vacating the Judgment for Plaintiff that his fraudulently misrepresenting $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. SUF FICIENT REASON APPEARING THEREOF, itis: ORDERED, that pending a hearing and-detasseinetion of this motion Plaintiff Shaul ope!êwitz shall be enjoined from enforcing and recovering under the terms of the dg=ent by Confession duly catered in the Kings County Clerk's Office on December 13, 2019 in the principal :::::± of $6,350,225.00, as against Defendants Toby Moskovits sued herein as Toby Moskowitz and Michael a/k/a Yechiel Lichtenstein; and service of the order to show cause and papers upon which itwas made upon counsel for Plaintiff mvernight on or before the2c ay hy aeliwey of 3 00 , 2020, shall be deemed good and ufficient service thereof. E N T E R: J.S.C. HON. LEON RUCHELSMAN 2 of 2