FILED: KINGS COUNTY CLERK 08/22/ :43 AM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X FAYE T MADIGAN, Independent administrator Of Estate of KENNETH M. THOMPSON, deceased., SUMMONS, NOTICE AND SUBPOENA WITH RESTRAINING NOTICE Plaintiff, The basis of venue is: KINGS COUNTY (location of the subject property) 1029 Brighton Beach Ave, Brooklyn NY against- BERKELEY CAPITAL LLC., ROSA BRONSTEIN, OCEANA HOLDING CORP., FAINA BRONSTEIN aka FAINA TSYNMAN, YANINA ILAN, M&R BRIGHTON LAND CORP, M.R.O.D REALTY CORP., 2640 MANAGEMENT PROPERTIES, LLC., 2640 EAST 14 LLC., CORPORATION DOE 1-10, JOHN DOE 1-10 and JANE DOE 1-10 )as being unnamed entities who are either alter ego or hold assets of Judgment debtor Aron O. Bronstein). Defendants X To the above-named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff s attorneys an Answer to the Notice in this action within twenty days after the service of the Summons, exclusive of the day of service or within thirty days after service is complete if this Summons is not personally delivered to you within the State of New York; upon your failure to answer, judgment will be taken against you for the relief demanded in the Notice, together with the costs of this action. Dated: August 20, Brooklyn New York By: /s/ Joseph Paukman Joseph Paukman, Esq. Attorney for Plaintiff 1407 Avenue Z #612 Brooklyn NY Defendants Address: BERKELEY CAPITAL LLC c/o Gertrude Margules 21 Manor Lane 1 of 11

2 Lawrence, New York ROSA BRONSTEIN 70 Oceana Drive West, Unit 5H. OCEANA HOLDING CORP. 70 Oceana Drive West, Unit 5H M&R BRIGHTON LAND CORP, CORPORATION 70 Oceana Drive West, Unit 5H FAINA BRONSTEIN aka FAINA TSYNMAN, 118 Exeter St. YANINA ILAN 60 Oceana Drive West, Unit 5B M.R.O.D REALTY CORP. 70 Oceana Drive West, Unit 5H 2640 EAST 14 LLC 2640 EAST 14 th Street 2640 MANAGEMENT PROPERTIES, LLC. c/o BERESS & ZALKIND PLLC 1001 Avenue of the Americas, 11 th New York, New York of 11

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X FAYE T MADIGAN, Independent administrator Of Estate of KENNETH M. THOMPSON, deceased., Index No. Plaintiff, -against- NOTICE BERKELEY CAPITAL LLC., ROSA BRONSTEIN, OCEANA HOLDING CORP., FAINA BRONSTEIN aka FAINA TSYNMAN, YANINA ILAN, M&R BRIGHTON LAND CORP, M.R.O.D REALTY CORP., 2640 MANAGEMENT PROPERTIES, LLC., 2640 EAST 14 LLC., CORPORATION DOE 1-10, JOHN DOE 1-10 and JANE DOE 1-10 )as being unnamed entities who are either alter ego or hold assets of Judgment debtor Aron O. Bronstein). Defendants X Plaintiff, by her attorney, Joseph Paukman, as and for her complaint against Defendants alleges as follows: NATURE OF THIS ACTION 1) This complaint is brought by Plaintiff against Defendants for proper relief against Defendants fraudulent conveyances. Plaintiff has been a public Judgment holder against non party, Aron O. Bronstein since April 2, Plaintiff, Faye Madigan, seeks damages and other relief under the alter ego theory and for the fraudulent conveyance in the March 30, 2017 Mortgage purportedly entered by Defendants, ROSA BRONSTEIN, OCEANA HOLDING CORP. and BERKELEY CAPITAL, LLC. PARTIES 3 of 11

4 2) At all times hereinafter mentioned, Plaintiff, FAYE T MADIGAN, Independent administrator of Estate of KENNETH M. THOMPSON, deceased, is a resident of the state ofgeorgia. 3) At all times hereinafter mentioned, Defendant, ROSA BRONSTEIN, was and is a resident of the State of New York, who resides at 70 Oceana Drive West, Unit 5H. 4) At all times hereinafter mentioned, Defendant, FAINA BRONSTEIN aka FAINA TSYNMAN, was and is a resident of the State of New York, who resides at 191 Jaffrey Street. 5) At all times hereinafter mentioned, Defendant, YANINA ILAN, was and is a resident of the State of New York, who resides at 60 Oceana Dr. W Apt 5B Brooklyn, New York ) Upon Information and belief, Defendant, M & R BRIGHTON LAND CORP., is a corporation incorporated in the state of New York and having an address of 3172 Coney Island Avenue PMB 608 Brooklyn, New York, NY ) Upon Information and belief, Defendant, BERKELEY CAPITAL, LLC., is a corporation incorporated in the state of New York and having an address of 21 Manor Lane, Lawrence, NY ) Upon Information and belief, Defendant, OCEANA HOLDING CORP., is a corporation incorporated in the state of New York and having an address of 1029 Brighton Beach Avenue, Brooklyn New York, NY of 11

5 9) Upon Information and belief, Defendant, M.R.O.D. REALTY CORP., is a corporation incorporated in the state of New York and having an address of 3172 Coney Island Ave. Brooklyn, NY FACTS 10) Plaintiff and Judgment Creditor is the estate of Kenneth Thompson, an 82 year old, Korean War veteran who died of heart failure, a few months after losing his life savings to a New York stockbrokerage firm run by Judgment Debtor, Aron O. Bronstein. 11) Kenneth Thompson s estate records reveal he died barely able to afford the basic necessities of life. 12) Aron O. Bronstein was convicted and spent 46 months in federal prison for a 140 victim securities fraud that included Kenneth Thompson. 13) Defendants allowed and allow Aron O. Bronstein to defraud the estate of Kenneth Thompson out of his life savings by hiding Aron O. Bronstein s assets and income with the intention of defrauding Plaintiff and possibly other creditors by preventing the discovery of Bronstein s assets and income. 14) Defendants fraudulently enable Aron O. Bronstein to obtain and conceal income from judgment creditor, the estate of Kenneth Thompson. 15) Based on its tax returns, Defendant, OCEANA HOLDING CORP. allows itself to be used as a laundry, to conceal and distribute income of Aron O. Bronstein. 5 of 11

6 16) Defendants act as a conduit to transfer personal income of Aron O. Bronstein in a fraudulent effort to prevent rightful recoupment by the plaintiff, the estate of Kenneth Thompson. 17) Defendants allow Aron O. Bronstein to receive income and tax benefits without disclosure to the judgment creditor plaintiff. 18) Because Defendants have conspired to make ARON O BRONSTEIN judgment proof they should be held liable for judgment against ARON O BRONSTEIN. 19) Upon information and belief Aron O. Bronstein s income is never deposited in his personal bank account, thereby shielding the alleged income from the Plaintiff. 20) Judgment Debtor, Aron O. Bronstein, uses Defendants to commence frivolous defamation lawsuits, personal to Aron O. Bronstein, all of which are wrongly claimed in the name of his alter ego Corporations, Defendants, OCEANA HOLDING CORP, M & R BRIGHTON LAND CORP and M.R.O.D REALTY CORP. 21) Aron O. Bronstein improperly uses corporate assets to prosecute a claim for defamation purportedly occurring solely against Aron O. Bronstein, in an individual capacity, thereby using corporate assets of OCEANA HOLDING CORP, M & R BRIGHTON LAND CORP and M.R.O.D REALTY CORP. for Aron Bronstein s own non-corporate purposes, 22) The documentary evidence is overwhelming in establishing the connection between Defendants and the judgment debtor, it is impossible to deny that, at the very least and, at barest minimum, that OCEANA HOLDING CORP, M & R BRIGHTON LAND CORP and M.R.O.D REALTY CORP are the alter ego to Aron O. Bronstein. 6 of 11

7 23) A well-established principle is that a judgment creditor may enforce his judgment against any property which could be assigned or transferred unless it is exempt from application to the satisfaction of the judgment. (CPLR 5201(b)). To state the obvious a judgment creditor does not render property immune from enforcement by simply placing its record ownership in the hands of another person or entity, while continuing to retain beneficial ownership and the other economic advantages from that property. Plaza Hotel Associates v. Wellington Associates, Inc., 84 Misc.2d 777 (Sup.Ct. N.Y. Cty. 1975); Helicon Partners LLC v. Kim s Provision Co., Inc., 2013 WL at *10 (Bk., S.D.N.Y. 2013) & cases cited therein; Motorola Credit Corp. v. Uzaw, 739 F.Supp.2d 636 (S.D.N.Y. 2010). Any other result would make any judgment a meaningless piece of paper by permitting the judgment debtor to continue to conduct his financial life through nominees and shell companies (as Aron Bronstein has done here) in precisely the same way. 24) There is a direct and compelling connection between Defendants, BERKELEY CAPITAL LLC., ROSA BRONSTEIN, OCEANA HOLDING CORP., FAINA BRONSTEIN aka FAINA TSYNMAN, YANINA ILAN, M&R BRIGHTON LAND CORP, M.R.O.D REALTY CORP., 2640 MANAGEMENT PROPERTIES, LLC., 2640 EAST 14 LLC., and the judgment debtor. In any event, the mere fact that Defendant corporations are allegedly owned by the judgment debtor s sister, mother, ROSA BRONTEIN, or cousin, YANINA ILAN (rather than by the judgment debtor himself) does not, make the entity immune from liability under the alternate ego doctrine. If anything, the close family connection is a factor which strongly suggests that the 7 of 11

8 judgment debtor retains an ownership interest in Defendant corporations and controls their destiny. 25) In this regard, there is a long history on the part of judgment debtor Aron Bronstein using other family members to conduct business on his behalf. For example, Aron Bronstein has repeatedly issued and signed checks for Defendant corporations in the name of his mother and father. Judgment Debtor, Aron O. Bronstein, issued checks allegedly signed by his father, Michael Bronstein, even though the elder Mr. Bronstein was in a coma at the time. 26) There appears to be a virtually conclusive alter ego relationship between all Defendants and the judgment debtor, Aron O. Bronstein. 27) The judgment debtor Aron Bronstein, with the assistance of his family members, has continued to evade his obligation to pay the Judgment recorded in this Court through a number of businesses (listed above as Defendants) in which he plainly has a direct economic and controlling interest. The fact is that everything about Defendant corporations is also about Aron Bronstein, the judgment debtor. Notice: The nature of this action seeks to recover damages for multiple incidents of Fraudulent Conveyance, Tortious Interference with collection of judgment and Reverse peirce the corporate veil. The relief sought is $4,185, with interest of 10 percent from April 2, See Subpoena and restraining notice attached, Dated: August 20, 2017 By: /s/ Joseph Paukman Brooklyn N.Y. Joseph Paukman, Esq. Attorney for Plaintiff 1407 Avenue Z # 612 Brooklyn N.Y (718) of 11

9 UNITED STATED DISTRICT COURT EASTERN DISTRICT OF NEW YORK FAYE MADIGAN, INDEPENDENT ADMINISTRATOR OF ESTATE OF KENNETH M. THOMPSON, DECEASED Plaintiff-Judgment Creditor, -against- ARON O BRONSTEIN et al, Index No. 1:16-mc SUBPOENA DUCES TECUM AND RESTRAINING NOTICE Re: ARON O. BRONSTEIN, Judgment Debtor Social Security No.? Defendants-Judgment Debtors.. THIS SUBPOENA REQUIRES YOUR PROMPT RESPONSE. FAILURE TO RESPOND MAY SUBJECT YOU TO FINE AND/OR IMPRISONMENT FOR CONTEMPT OF COURT. The People of the State of New York Hereby Command You to (A) Comply with this SubpoenaDuces Tecum, (B) Respond to the Questionnaire Enclosed and (C) Produce All requested DocumentsRegarding the Enforcement of the Judgment Referred to herein within Seven Days Pursuant to CPLR Section 5224 TO: BERKELEY CAPITAL LLC., ROSA BRONSTEIN, OCEANA HOLDING CORP., FAINA BRONSTEIN aka FAINA TSYNMAN, YANINA ILAN, M&R BRIGHTON LAND CORP, M.R.O.D REALTY CORP., 2640 MANAGEMENT PROPERTIES, LLC., 2640 EAST 14 LLC., CORPORATION DOE 1-10, JOHN DOE 1-10 and JANE DOE 1-10 )as being unnamed entities who are either alter ego or hold assets of Judgment debtor Aron O. Bronstein). G R E E T I N G S: WHEREAS, in an action in the Supreme Court of the State of New York, County of New York, betweena. FAYE MADIGAN et al, as plaintiff and A, ARON O. BROSTEIN, defendant-judgment debtor, having an address at 70 Oceana Drive West, Unit 5H Brooklyn, New York 11235, a Judgment was entered on APRIL 02, 2003, in favor of A. FAYE MADIGAN, Judgment Creditor, and against ARON O. BRONSTEIN, judgment debtor, in the sum of $4,185,957.00, plus interest thereon from APRIL 2, 2003, at the legal rate of nine percent (10%) per annum, all of which remains due and unpaid; 9 of 11

10 NOW, THEREFORE, WE COMMAND you to Answer in writing under oath, separately and fully, each question in the Questionnaire Accompanying this Subpoena Duces Tecum, each answer referring to the Question to which it responds; and that you Return The Original Answers thereto, sworn to by an officer or other Agent familiar with the books and records of or concerning the Judgment Debtor identified above, And To Produce All Other Documents RequestedWITHIN SEVEN (7) DAYS after your receipt of this Subpoena; RESTRAINING NOTICE WHEREAS, it appears that you may owe a debt to the Judgment Debtor(s), or are in possession or in custody of property in which the Judgment Debtor(s) have an interest; TAKE NOTICETHAT PURSUANT TO SECTION 5222(B) OF THE CIVIL PRACTICE LAW AND RULES, WHICH IS SET FORTH IN FULL HEREIN, YOU ARE FORBIDDEN BY LAW TO MAKE,PAY, SELL, ASSIGN, CONVEY, TRANSFER, INTERFERE WITH, OR DISPOSE IN ANY WAY ANY DEBTS OR PROPERTY OWED TO, OR OWNED BY THE JUDGMENT DEBTOR, EXCEPT AS THERPEIN PROVIDED, OR YOU MAY BE LIABLE DIRECTLY TO THE JUDGMENT CREDITOR FOR SUCH CONDUCT. TAKE FURTHER NOTICE THAT THIS RESTRAINT ALSO COVERS ALL PROPERTY IN WHICH JUDGMENT DEBTOR(S) HAS AN INTEREST WHICH COME INTO YOUR POSSESSION, CUSTODY OR CONTROL, AND ALL DEBTS DUE FROM YOU TO THE JUDGMENT DEBTOR AFTER YOUR RECEIPT OF THIS SUBPOENA. CIVIL PRACTICE LAW AND RULES Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he has an interest, except upon direction of the sheriff or pursuant to an order of the court, until the judgment is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor is effective only if, at the time of service, he owes a debt to the judgment debtor or he is in the possession or custody of property in which he knows or has reason to believe the judgment debtor has an interest, or if the judgment creditor has stated in the notice that a specified debt is owed by the person served to the judgment debtor or that the judgment debtor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor 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, shall be subject to the notice. 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, 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 until the judgment is satisfied or vacated, whichever event first occurs. A judgment creditor who has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor, 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 in an amount equal to twice the amount due on the judgment, the restraining notice is not effective as to other property or money. DISOBEDIENCE OF THIS RESTRAINING NOTICE IS PUNISHABLE AS A CONTEMPT OF COURT. WITNESS Hon., one of the Justices of the E.D.N.Y federal District Court. 10 of 11

11 I hereby certify that this information subpoena complies with Section 5224 of the Civil Practice Law and Rules in that I have a reasonable belief that the party receiving this Subpoena has information about the judgment debtor that will assist the Judgment Creditor in collecting the Judgment. JOSEPH PAUKMAN LAW OFFICE By: _/s/joseph Paukman JOSEPH PAUKMAN, ESQ Avenue Z # (718) E: @gmail.com IF YOU HAVE ANY QUESTIONS: call IMMEDIATELY TO AVOID A MOTION FOR CONTEMPT 1) In 70 Oceana Drive West, Unit 5H,Trustee of Gomel Trust. We need to get a copy of, all trustees, all beneficiaries, and, if Judgment Debtor, Aron O. Bronstein is a beneficiary or Trustee, then we ask for Trust s statements of Account and payments to Aron Bronstein going back to the inception. Also, bank accounts, EIN, etc. We want everything. 2) The corporate documents relating to Gomel, e.g., which were the initiating documents to open the Account(s), including all other documents concerning the officers or shareholders of Gomel Trust., including but not limited to the signature cards, corporate resolutions, names under which Gomel Trust does business, its Employer ID Number, etc., its corporate address, monthly statements of account (the Corporate Documents ), any amendments to the Corporate Documents for the past six (6)years, and all checks signed by or payable to Aron Bronstein for last four (4) years. 3) Copies of all checks used to pay rent, maintenance, etc. from January 2015 to present for above said 70 Oceana Drive apartment. 11 of 11