FILED: KINGS COUNTY CLERK 01/22/ :30 PM INDEX NO /2014 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/22/2015

Transcription

1 FILED: KINGS COUNTY CLERK 01/22/ :30 PM INDEX NO /2014 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/22/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JULES LEVENTHAL, Plaintiff, Index No: / 14 SUBPOENA DUCES TECUM -against- CHAIM GOLDBERGER; SHLOMO BRAUN; and CHAIM BRAUN, Defendants X TO RECIPIENTS: Kingston Check Cashing Corp. 433 Kingston Ave Brooklyn, New York, PLEASE TAKE NOTICE THAT pursuant to Civil Practice Law and Rules ( CPLR ) 3120 and 3122-a, the above named non-parties are each required to produce the following original documents and things, or certified copies thereof, which are in its custody or control for discovery and inspection, testing, copying and photographing at the offices of The Berkman Law Office, LLC, 111 Livingston Street, Suite 1928, Brooklyn New York 11201, on or before February 5, 2015 at 10:15 o clock in the forenoon of that day, as they are material and necessary to the prosecution or defense of this action: 1. Account statements for account at Republic Bank (believed to be entitled Kingston Check Cashing Corp. Operating Account ) for the period November 2013 through June 2014, inclusive.

2 2. Documents identifying all individuals able to withdraw or transfer funds, or sign checks, from account at Republic Bank for the period November 2013 through June 2014, inclusive. 3. Documents showing the relationship between Kingston Check Cashing Corp. and Steven Chaim Goldberger at all times. 4. All audits, investigations, and/or accountings carried out by or on behalf of Kingston Check Cashing Corp. with respect to the activities of Steven Chaim Goldberger. 5. Any reports made to any governmental agency or body regarding the activities of Steven Chaim Goldberger. 6. With respect to each check appearing in the attached rider that was deposited into account at Republic Bank by or on behalf of Kingston Check Cashing Corp., provide documents showing: a. The purpose of the deposit; b. The disposition of the funds; c. If the checks were cashed, provide documents showing the name of the person who cashed each check, a copy of the identification provided, any receipt issued, and any video footage of the transaction. d. If checks, wire transfers, or debits of any sort were made against the funds deposited by each check listed on the rider, provide documents showing the name of the person or entity to whom such check, wire transfer, or debit was made, any receipt issued, and any video footage of the transaction. 7. Documents identifying any accountant(s) or auditor(s) used by Kingston Check Cashing Corp. in 2013 and

3 8. Documents reflecting all payments made by Kingston Check Cashing Corp. to the following individuals or entities in 2013 and 2014: a. Steven Chaim Goldberger b. Chaim Braun c. Shlomo Braun d. Yissachar Sugar e. Nethanel Shaki f. Exclusive Leasing g. Brooklyn Paint h. Berkman Henoch i. Kova Mazal 57 Realty LLC j. Kova Mazal PLEASE TAKE NOTICE THAT if certified copies of the documents are produced in lieu of the originals, the attached CPLR 3122-a Certification must be completed, signed and notarized, and must be delivered to the undersigned together with the documents produced. Dated: Brooklyn, New York January 21,

4 Respectfully submitted, THE BERKMAN LAW OFFICE, LLC Attorneys for the Plaintiff by: Robert J. Tolchin 111 Livingston Street, Suite 1928 Brooklyn, New York cc: Joshua Bronstein, Esq. Attorney for Defendant Shlomo Braun 46 Grace Avenue, Suite 3N Great Neck, New York

5 RIDER 5

6

7

8

9

10

11

12

13

14

15

16 INSTRUCTIONS FOR COMPLETING A CPLR 3122-a CERTIFICATION Pursuant to Section 3122-a of the Civil Practice Law and Rules [ CPLR ], the Certification of records produced in response to a subpoena duces tecum must state in substance each of the following, SWORN (BEFORE A NOTARY PUBLIC) IN THE FORM OF AN AFFIDAVIT and SUBSCRIBED by the custodian or other qualified witness charged with maintaining the records: 1. The affiant is the duly authorized custodian or other qualified witness and has authority to make the certification; 2. To the best of the affiant s knowledge, after reasonable inquiry, the records or copies thereof are accurate versions of the documents described in the subpoena duces tecum that in the possession, custody, or control of the person receiving the subpoena; 3. To the best of the affiant s knowledge, after reasonable inquiry, the records or copies produced represent all the documents described in the subpoena duces tecum, or if they do not represent a complete set of the documents subpoenaed, an explanation of which documents are missing and reason for their absence is provided; and 4. The records or copies produced were made by the personnel or staff of the business, or persons acting under their control, in the regular course of business, at the time of the act, transaction, occurrence or event recorded therein, or within a reasonable time thereafter, and that it was the regular course of business to make such records. FEEL FREE TO CONTACT THE ATTORNEY'S OFFICE THAT ISSUED THE SUBPOENA DUCES TECUM WITH ANY QUESTIONS ABOUT COMPLETING THE CERTIFICATION. 6

17 CPLR 3122-a CERTIFICATION OF CUSTODIAN OF RECORDS STATE OF NEW YORK } COUNTY OF } ss. (Name), being duly sworn, deposes and says as follows: 1. I am employed by. (hereinafter our business ) as (state title. In this capacity, I am an authorized custodian of records or am otherwise qualified to state the records maintenance procedures of our business, and thereby have the authority to make this certification. 2. We received a subpoena duces tecum from The Berkman Law Office, LLC requiring the production of certain documents. To the best of my knowledge, after reasonable inquiry, the records or copies provided herewith are accurate versions of the documents described in the subpoena that are in our possession, custody, or control. 3. To the best of my knowledge, after reasonable inquiry, the records or copies produced herewith represent all the documents described in the subpoena. 4. The records or copies produced were made by the personnel or staff of our business, or persons acting under their control, in the regular course of business, at the time of the act, transaction, occurrence or event recorded therein, or within a reasonable time thereafter, and that it was the regular course of business to make such records. Sworn to before me this day of, 2015 (Signature) Notary Public 7