Information subpoena regarding furniture dispute, Feb 2011

NYC 9/11 Public Portal Document

CIVIL COURT OF THE CITY OF NEW YORK ' COUNTY OF BRONX. SMALL CLAIMS PART Index No. SCB 60347/10 INFORMATION SUBPOENAcr- . • CORNER FURNITURE Plaintiff(s),

-against- Judgment Debtor Address: 1261 Seabury WnS® 01 KENTREL INC. Defendants). Bronx, NY 10462

THE PEOPLE OF THE STATE OF NEW YORK To: Department of Environmental Protection GREETING: Address: 59-17 Junction Blvd. Flushing, NY 11373 WHEREAS, in an action in the Civil Court of the City of New York, County of Bronx, Small Claims Part, between Comer Furniture as PIaintlff(s) and Kentrel Inc. as Defendant(s) who are all the parties named in the action, as Judgment was entered on February 08,2011, in favor of Comer Furniture Judgment Creditors(s) and against Kentrel Inc. Judgment Debtor in the amount of $2,530.98 of which $2,530.98 together with interest from February 08,2011, remains due and unpaid; and WHEREAS, the witness has an office for the regular transaction of business in person in Bronx County;

NOW, THEREFORE, WE COMMAND YOU, that you answer in writing under oath, separately and fully, each question in the questionnaire accompanying this subpoena, each answer referring to the question to which it responds; and that you return the answers together with the original questions within 7 days after yoiu- receipt of the questions and this subpoena. TAKE NOTICE frat false swearing or failure to comply with this subpoena is punishable as a contempt of court. I HEREBY CERTIFY frat this information subpoena complies with CPLR §5224 and frat I have a reasonable belief frat the party receiving this subpoena has in their possession information about the debtor frat will assist the creditor in collecting the judgment. RESTRAINING NOTICE WHEREAS, it appears frat you owe a debt to the Judgment Debtor or are in possession or in custody of property in which the Judgment Debtor has an interest;

JUDGMENT DEBTOR F.E.I.N.: 23-2590370

TAKE NOTICE that pursuant to CPLR §5222(b), which is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any interference with any property in which you have an interest, except as therein provided. TAKE FURTHER NOTICE that this notice also covers all property in which the Judgment Debtor has an interest hereafter coming into your possession or custody, and all debts hereafter coming due from you to the Judgment Debtor.

Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to who the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money. TAKE FURTHER NOTICE frat disobedience of this Restraining notice i&gynishable as a contempt of court. Dated: White Plains, New York January 31, 2012 Howard Stem, Esq. Attorneyfor Judgment Creditor Office and Post Office Address 3 Barker Avenue, Suite 290 White Plains, NY 10601 (914) 683-0505

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