.h, , SAAL CORP. and C. D. HOLDING, CYNTHIA BLETTER, CONSTANCE KLIEN AS E)(ECUTRI)( of THE ESTATE OF HERMAN COHN

Transcription

1 h, At a IAS Part of the Supreme Court of the State of New York held in and for the County of Nassau, at Mineola, '- New York, on the J- ay of 2007 Present: Hon. Daniel Palmieril\. HERBIL HOLDING CO AND WILLIAM COHN, Petitioners Index No against- GLADYS BLETTER, LAWRENCE WEINBERGER, SAUL WEINBERGER, MICHAEL WEINBERGER, MINDY TELOS STANLEY KAPLAN STATE BANK OF LONG ISLAND K.B. ENTERPRISES, LLC, SAAL CORP. and C. D. HOLDING, CYNTHIA BLETTER, CONSTANCE KLIEN AS E)(ECUTRI)( of THE ESTATE OF HERMAN COHN JUDGMENT Respondent., Gilbride Tusa Last & The Petitioners, having duly moved by its attorneys Spellane, LLC for a order and judgment directing the turn over by the judgment debtor Gladys Bletter of money and property in her possession and directing persons in the possessio of money and property in which the judgment debtor has an interest to turn over property in their possessi ; and the Respondent Gladys Bletter having cross-moved for an order directing the release of a garnishment served on the State Bank of Long Island and the court (Hon. Hon. Daniel Palmieri, J. ) having duly considered the same and rendered a decision and order

2 NOW, upon the reading of the Notice of Petition and Petition, verified the day of September, 2006 and the exhibits annexed thereto; and on the Verified Answer to the Petition of the State Bank of Long Island, verified the 6 day of October, 2006 and the affidavit of Raymond Wagner of the State Bank of Long Island, sworn to the 6 day of October, 2 066; and on the Notice of Appearance of Lawrence Weinberger, on behalf of Saul Weinberger, Michael Weinberger and Mindy Teolis; and on the repw affirmation of James P. Donohue, Jr., affirmed the day of October, 2007; and on the verified answer to the Petition and counterclaim of Respondents Gladys Bletter and G. B. Tax Lien Services dated the 28 day of October, 2006; and on the reply by the Petitioners to the counterclaims dated November 2, 2006 and on the reply affirmation of James P. Donohue, Jr., affirmed the 2 day of November, 2007 and the exhibits annexed thereto; and on the Order to Show cause dated November 1, 2007, the affirmation of Frank Livoti dated October 28, 2006 and the affdavit of Gladys Bletter, sworn to the 28 day of October, 2006 and on the reply affirmation of James P. Donohue, Jr. affirmed the 16 of November and the affidavit of Constance Klein sworn to the 14 day of November, 2006 and the exhibits annexed thereto all in opposition to the Respondents order to show cause; and the matter having been duly submitte nd on the decision of this Court (Hon. Daniel Palmieri, J. ) dated December 22, 2006; and the firm of Crystal & Donohue having subsequently substituted for the firm of Gilbride Tusa Last & Spellane, LLC as attorneys for the Petitioners;

3 ,.o '-"' ''' ""-,-" -"- """" ",, , ''h "", ~~~~ ""f.' "", "1""'''': ~~~~~ "fw''''-'' '"'"," ''''''''?'' ''P," :,.. NOW, on the motion of Crystal & Donohue, attorneys for the Petitioners, it ORDERED AND ADJUDGED, that the Sheriff of the County of Nassau, if he has not already done so, pay over to counsel for the Petitioners, the sums received from 1551 Realty Co. (after deduc his statutory fees) up to the amount of the judgment; and it is further: ORDERED AND ADJUDGED that the Sheriff of Nassau County, pursuant to Partnership Law Sec. 54 is to conduct a sale by public auction of Gladys Bletter s partnership interest (25%) in 1551 Realty Co. and to pay the proceeds collected (after deduction of his statutory fees), up to the amount of the judgment, to Petitioner s counsel; and it is further ORDERED AND ADJUDGED, that pending the sale of Gladys Bletter interest in 1551 Realty Co or the full payment of the judgment, whichever occurs first, 1551 Realty Co. is directed to pay over to Petitioner s counsel, on a quarterly basis, Gladys Bletter s share of future profits up to the amount of the judgment; and it is further ORDERED AND ADJUDGED, that the Sheriff of Nassau County is to conduct a sale by public auction of Gladys Bletter s interest (25%) in 194 Old Country Road Realty LLC at public auction and to pay the proceeds collected (after deduction of his statutory fees), up to the amount of the judgment, to Petitioner s counsel; and it is further ORDERED AND ADJUDED, that pending the sale of Gladys Bletter's interest in 194 Old Country Road Realty or the full payment of the judgment

4 whichever occurs first, 194 Old Country Road Realty LLC is to pay over to Petitioner s counsel any funds now being held or which accrue to Gladys Bletter s benefit to Petitioner s counsel pending a sale of Gladys Bletter s interest up to the amount of the judgment; and it is further ORDERED AND ADJUDGED that the Respondent Gladys Bletter is directed to deliver all certificates in her possession relating to her membership interest in GKB Enterprises LLC, to the Sheriff of Nassau County, within 15 days of service of a copy of this order; and it is further ORDERED AND ADJUDGED that the Respondent Gladys Bletter is directed to deliver an assignment of 100% of her interest in GKB Enterprises LLC, including her management and voting rights, to the Sheriff of Nassau County within 15 days of service of a copy of this order; and it is further ORDERED AND ADJUDGED, that the Sheriff of Nassau County is directed to conduct a sale by public auction of Gladys Bletter s 100% interest in GKB Enterprises LLC, whether or not that interest is represented by certificates. and to pay the proceeds collected (after deduction of his statutory fees), up to the amount of the judgment, to Petitioner s counsel; and it is further ORDERED AND ADJUDGED, that Constance Kline, as Executrix of the Estate of Herman Cohn, is directed to pay to Petitioner s counsel, the sum of $ being held for the benefit of Gladys Bletter and any other funds that come into her possession to which Gladys Bletter is entitled as a beneficiary of the estate of Herman Cohn, until the judgment is satisfied; and it is further

5 ",,.,,_:,, ''''', " \$ 1''- :ct' ORDERED AND ADJUDGED, that the cross-motion of Gladys Bletter to release the garnishment on Credit Swisse which applies to the account she claims is an IRA account, is denied without prejudice to renewal upon a showing that (a) the account is a qualified individual retirement account, (b) all deposits were made by March 25, 1999 and (c) and deposits made prior thereto were not fraudulent under the Debtor Creditor Law; and it is further ORDERED AND ADJUDGED, that the State Bank of L ordered to pay the proceeds of the accounts held in the name of G g Island is Ii c-., \e ne-; Ctl c.r B Tax Lien Services Inc. to the counsel for the Petitioners up to the amount of the judgment; and it is further ORDERED AND ADJUDGED that the cross-motion seeking to have a hearing to determine the fair market value of Gladys Bletter s of her interest in interest in 1551 Realty Co,, 194 Old Country Road Co. and GKB Enterprises LLC is denied, without prejudice to renew after the Sheriff's sale; and it is further ORDERED AND ADJUDGED, that the proceeds as collected herein under be applied first to the judgment in favor of Herbil Holding Co. and if there are any proceeds left over, they be applied to the judgment in favor of William Cohn. Dated: February, 9-7;, 2007,tJ.. h/l E.Q n" (i(j'.