Preview
FILED: NEW YORK COUNTY CLERK 06/07/2019 08:37 AM INDEX NO. 652596/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MAJOR MODEL MANAGEMENT, INC., Index No.: 652596/2018
Plaintiff, AFFIRMATION
-vs-
SHOWROOM SEVEN,
Defendant.
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JOSEPH A. D’AVANZO, an attorney duly admitted to practice law in the State of New
York, affirms under the penalties of perjury as follows:
1. That I am a member of the firm of Pashman Stein Walder Hayden, P.C., attorneys
for the Plaintiff/Judgment Creditor, MAJOR MODEL MANAGEMENT, INC. (hereinafter
“MAJOR”) and make this affirmation in support of accompanying Order To Show Cause to find
and hold the Defendant/Judgment Debtor, SHOWROOM SEVEN (hereinafter “SHOWROOM
SEVEN”), in contempt for failure to comply with the Information Subpoena To Debtor Pursuant
To CPLR Rule 5224 dated March 11, 2019.
2. On December 17, 2018, SHOWROOM SEVEN was served with Notice of Entry
of the Judgment entered in this action on December 14, 2018 [see, NYSCEF Doc. Nos. 17 & 18].
3. On March 11, 2019, MAJOR served on SHOWROOM SEVEN the attached
Information Subpoena To Debtor Pursuant To CPLR Rule 5224 (hereinafter “Subpoena”) by
certified mail, return receipt requested (see, Exhibit “1” annexed hereto). The Subpoena, and the
accompanying Questions And Answers In Response To Information Subpoena (hereinafter
“Questions”), and a self-addressed, post pre-paid envelope, were received by SHOWROOM
SEVEN on March 14, 2019 (see, Exhibit “1”, “Affidavit Of Service By Certified Mail, Return
Receipt Requested” and signed Return Receipt card).
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4. To date, SHOWROOM SEVEN has not provided any responses to the Questions
as directed by the Subpoena duly served upon it.
5. MAJOR has been more than patient with SHOWROOM SEVEN in awaiting
compliance with the Subpoena.
6. On May 8, 2019, MAJOR was advised the SHOWROOM SEVEN had retained
counsel, who intended to seek a stay of MAJOR’s Judgment execution efforts; however, no stay
has been obtained (or sought) to date.
7. On May 15, 2019, at the Judgment Debtor’s counsel’s request, another copy of the
Subpoena was sent to counsel via email.
8. On May 21, 2019, the Judgment Debtor’s counsel advised that a response to the
Subpoena would be made by Friday, May 24, 2019. No response was received as promised.
9. On May, 30, 2019, the Judgment Debtor’s counsel advised, once again, that a
response to the Subpoena would be made by Monday, June 3, 2019. Again, no response was
received as promised.
10. On June 5, 2019, the Judgment Debtor’s counsel advised that a response to the
Subpoena would be made by Thursday, June 6, 2019. Again, no response was received as
promised.
11. Pursuant to Judiciary Law 770, based on the foregoing, the Judgment Debtor’s
contumacious conduct was calculated to, and actually did, defeat, impair, impede and prejudice
the rights or remedies of MAJOR, namely MAJOR’s efforts to execute on its duly obtained
Judgment. The Defendant/Judgment Debtor has shown contempt for proper legal process, namely
the Subpoena. The Judgment Debtor is frustrating MAJOR’s efforts to obtain payment of a
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properly entered Judgment against SHOWROOM SEVEN and the Court should not permit such
conduct to go unpunished.
WHEREFORE, the Plaintiff/Judgment Creditor, MAJOR MODEL MANAGEMENT,
INC., respectfully requests that the attached Order To Show Cause be entered and that the
Defendant/Judgment Debtor, SHOWROOM SEVEN, be held in contempt, fined and be ordered
to respond to the Subpoena in full and to pay motion costs, together with such other and further
relief as this Court may deem just, proper and equitable.
Dated: Purchase, New York
June 7, 2019
_________________________________
JOSEPH A. D’AVANZO
TO: Rosalyn Maldonado, Esq.
ROSALYN MALDONADO, P.C.
Attorney for Defendant/Judgment Debtor,
SHOWROOM SEVEN
108 S. Franklin Avenue, Suite 11
Valley Stream, New York 11580
(516) 274-0613, ext. 101
rmaldonado@rmaldonadolaw.com
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Preview
FILED: NEW YORK COUNTY CLERK 06/07/2019 08:37 AM INDEX NO. 652596/2018 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x MAJOR MODEL MANAGEMENT, INC., Index No.: 652596/2018 Plaintiff, AFFIRMATION -vs- SHOWROOM SEVEN, Defendant. ------------------------------------------------------------------------x JOSEPH A. D’AVANZO, an attorney duly admitted to practice law in the State of New York, affirms under the penalties of perjury as follows: 1. That I am a member of the firm of Pashman Stein Walder Hayden, P.C., attorneys for the Plaintiff/Judgment Creditor, MAJOR MODEL MANAGEMENT, INC. (hereinafter “MAJOR”) and make this affirmation in support of accompanying Order To Show Cause to find and hold the Defendant/Judgment Debtor, SHOWROOM SEVEN (hereinafter “SHOWROOM SEVEN”), in contempt for failure to comply with the Information Subpoena To Debtor Pursuant To CPLR Rule 5224 dated March 11, 2019. 2. On December 17, 2018, SHOWROOM SEVEN was served with Notice of Entry of the Judgment entered in this action on December 14, 2018 [see, NYSCEF Doc. Nos. 17 & 18]. 3. On March 11, 2019, MAJOR served on SHOWROOM SEVEN the attached Information Subpoena To Debtor Pursuant To CPLR Rule 5224 (hereinafter “Subpoena”) by certified mail, return receipt requested (see, Exhibit “1” annexed hereto). The Subpoena, and the accompanying Questions And Answers In Response To Information Subpoena (hereinafter “Questions”), and a self-addressed, post pre-paid envelope, were received by SHOWROOM SEVEN on March 14, 2019 (see, Exhibit “1”, “Affidavit Of Service By Certified Mail, Return Receipt Requested” and signed Return Receipt card). 1 1 of 3 FILED: NEW YORK COUNTY CLERK 06/07/2019 08:37 AM INDEX NO. 652596/2018 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/07/2019 4. To date, SHOWROOM SEVEN has not provided any responses to the Questions as directed by the Subpoena duly served upon it. 5. MAJOR has been more than patient with SHOWROOM SEVEN in awaiting compliance with the Subpoena. 6. On May 8, 2019, MAJOR was advised the SHOWROOM SEVEN had retained counsel, who intended to seek a stay of MAJOR’s Judgment execution efforts; however, no stay has been obtained (or sought) to date. 7. On May 15, 2019, at the Judgment Debtor’s counsel’s request, another copy of the Subpoena was sent to counsel via email. 8. On May 21, 2019, the Judgment Debtor’s counsel advised that a response to the Subpoena would be made by Friday, May 24, 2019. No response was received as promised. 9. On May, 30, 2019, the Judgment Debtor’s counsel advised, once again, that a response to the Subpoena would be made by Monday, June 3, 2019. Again, no response was received as promised. 10. On June 5, 2019, the Judgment Debtor’s counsel advised that a response to the Subpoena would be made by Thursday, June 6, 2019. Again, no response was received as promised. 11. Pursuant to Judiciary Law 770, based on the foregoing, the Judgment Debtor’s contumacious conduct was calculated to, and actually did, defeat, impair, impede and prejudice the rights or remedies of MAJOR, namely MAJOR’s efforts to execute on its duly obtained Judgment. The Defendant/Judgment Debtor has shown contempt for proper legal process, namely the Subpoena. The Judgment Debtor is frustrating MAJOR’s efforts to obtain payment of a 2 2 of 3 FILED: NEW YORK COUNTY CLERK 06/07/2019 08:37 AM INDEX NO. 652596/2018 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/07/2019 properly entered Judgment against SHOWROOM SEVEN and the Court should not permit such conduct to go unpunished. WHEREFORE, the Plaintiff/Judgment Creditor, MAJOR MODEL MANAGEMENT, INC., respectfully requests that the attached Order To Show Cause be entered and that the Defendant/Judgment Debtor, SHOWROOM SEVEN, be held in contempt, fined and be ordered to respond to the Subpoena in full and to pay motion costs, together with such other and further relief as this Court may deem just, proper and equitable. Dated: Purchase, New York June 7, 2019 _________________________________ JOSEPH A. D’AVANZO TO: Rosalyn Maldonado, Esq. ROSALYN MALDONADO, P.C. Attorney for Defendant/Judgment Debtor, SHOWROOM SEVEN 108 S. Franklin Avenue, Suite 11 Valley Stream, New York 11580 (516) 274-0613, ext. 101 rmaldonado@rmaldonadolaw.com 3 3 of 3