SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------- X ROBINSON BROG LEINWAND GREENE GENOVESE 8 GLUCK P.C., : Index No. 158914/13 Plaintiff-Judgment Creditor, : SUBPOENA DUCES TECUM AND : AD TESTIFICANDUM -against- : WITH RESTRAINING NOTICE : KEVIN D. WOODLEY, Defendant-Judgment Debtor. ----------------------------------------------------------------- X THE PEOPLE OF THE STATE OF NEW YORK TO: The Inkwell Hospitality Group, Inc. 27 Madison Street Rochester, New York 14608 RE: Kevin D. Woodley, Judgment Debtor 57 Berdan Street Rochelle Park, New Jersey 07662 WHEREAS, in the above-captioned action between the parties listed above, a Judgment was entered on April 12, 2018 in the New York County Clerk's Office in favor of Robinson Brog Leinwand Greene Genovese 8 Gluck P.C., as judgment creditor and against Kevin D. Woodley, as judgment debtor, in the amount of $29,505.48, of which $29,505.48 remains due, plus interest at 9% from April 12, 2018; NOW, THEREFORE WE COMMAND YOU, pursuant to Article 52 of the New York Civil Practice Law and Rules, to appear and attend before a person authorized by the laws of the State of New York to administer oaths, at the offices of Alliance Court Reporting, Inc., 120 East Avenue, Suite 200, Rochester, New York, 14604 on June 4, 2018 at 10:00 a.m., and at any recessed or adjourned date for the taking of a deposition 1 of 9
under oath upon oral or written questions on all matters relevant to the satisfaction of such judgment; AND WE FURTHER COMMAND YOU, pursuant to Article 52 of the New York Civil Practice Law and Rules, produce for examination on or before May 18, 2018 at the offices of Weintraub LLC, 30 Wall Street, 8th Floor, New York, New York 10005, at 10:00 a.m. the following books, papers and records: any and all bank statements, payroll records, payroll stubs, payroll receipts; copies of any loans, mortgages, notes, etc., and all other books, papers and records in your possession or control which have or may contain information concerning the Judgment - Debtors' property, income or other means relevant to the satisfaction of the judgment, INCLUDING, BUT NOT LIMITED TO ALL DOCUMENTS REFERENCED IN SCHEDULE A (ATTACHED). TAKE FURTHER NOTICE that pursuant to subdivision (b) of 5222 of the Civil Practice Law and Rules, which is set forth herein, you are hereby 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, except as therein provided. 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 possession or custody of property in which he knows or has 2 2 of 9
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. AII property in which the Judgment Debtor is known or believed to have an interest then in and thereafter coming into 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. 3 3 of 9
TAKE FURTHER NOTICE THAT DISOBEDIENCE OF THIS RESTRAINING NOTICE OR FALSE SWEARING OR FAILURE TO COMPLY WITH THIS SUBPOENA MAY SUBJECT YOU TO FINE AND IMPRISONMENT FOR CONTEMPT OF COURT. Dated:New York, New York April 18, 2018 WEINTRAUB LLC By: Yosef Y Weintraub Counsel for Plaintiff - Judgment 30 Wall Street, 8th Floor New York, New York 10005 (646) 450-6177 yweintraub@weintraublaw.com Creditor 4 4 of 9
SCHEDULE A Unless otherwise specifically stated, the time period of this Request is January 1, 2015 to the date of your responses to this Subpoena, whether the documents were prepared in this period or refer to this period. 1. All partnership agreements between you and the Judgment Debtor. 2. All employment agreements between you and the Judgment Debtor. 3. All joint venture agreements between you and the Judgment Debtor. 4. All asset purchase agreements between you and the Judgment Debtor. 5. All agreements between you and the Judgment Debtor concerning the transfer and/or assignment of the Judgment Debtor's assets, checking and savings accounts, personal and real property, and all documents reviewed and/or relied upon by you in entering into any such agreement(s). 6. All agreements between you and the Judgment Debtor concerning the transfer and/or assignment of the Judgment Debtor's liabilities, and all documents reviewed and/or relied upon by you in entering into any such agreement(s). 7. AII agreements between you and the Judgment Debtor concerning the transfer and/or assignment of the Judgment Debtor's account receivables, and all documents reviewed and/or relied upon by you in entering into any such agreement(s). 8. All agreements between you and the Judgment Debtor concerning the transfer and/or assignment of the Judgment Debtor's account payables, and all documents reviewed and/or relied upon by you in entering into any such agreement(s). 9. All agreements between you and the Judgment Debtor concerning the transfer and/or assignment of any and all contracts for the rental and/or lease of safe deposit boxes or vaults by Judgment Debtor, and all documents reviewed and/or relied upon by you in entering into any such agreement(s). 10.All agreements between you and the Judgment Debtor concerning the transfer and/or assignment of any and all rental leases, and deeds or conveyances of real property in Judgment Debtor's name individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other accounts are current or may have been closed, together with any documentation relative to mortgages, real property taxes and other expenses and repairs relative to any real property in which Judgment Debtor may have an interest or had an interest. 5 5 of 9
11.Any and all of Judgment Debtor's records, vouchers, documents, papers, or memoranda pertaining to monies, benefits or reimbursement, whether payable or due to Judgment Debtor for services provided, salaries, drawings, wages, travel and entertainment, automobile use or expense, dividends, bonuses, sick pay, pensions or other retirement accounts, annuities, welfare benefits, profit sharing, stock options; 12.Documents concerning payments made by Judgment Debtor to you; 13. Documents concerning payments made by you to Judgment Debtor. 14. Documents concerning collateral held by you in which the Judgment Debtor has or may have an interest. 15. Documents concerning loan agreements between you and the Judgment Debtor. 16. Documents concerning any liens held by you against property of the Judgment Debtor. 17.Your City, State and Federal Tax Returns, including all schedules, and all documents reviewed in preparation of the Tax Teturns; and 18.Any other records relative to Judgment Debtor's assets, liabilities and expenses. 6 6 of 9
NOTICE TO JUDGMENT DEBTOR OR OBLIGOR Money or property belonging to you may have been taken or held in order to satisfy a judgment or order which has been entered against you. Read this carefully. YOUMAYBEABLETOGETYOURMONEYBACK State and federal laws prevent certain money or property from being taken to satisfy judgments or orders. Such money or property is said to be "exempt". The following is a partial list of money which may be exempt: 1. Supplemental security income, (SST); 2. Social security; 3. Public assistance (welfare); 4. Spousal support. maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; 7. Workers' compensation benefits; 8. Public or private pensions; 9. Veterans benefits: 10. Ninety percent of your wages or salary earned in the last sixty days; 11. Two-thousand six hundred twenty-five dollars ($2,625.00) of any bank account containing statutorily exempt payments that were deposited electronically or by direct deposit within the last forty-five days. including. but not limited to, your social security, supplemental security income, veterans benefits. public assistance, workers' vvorkers' compensation, unemployment insurance, public or private pensions, railroad retirement benefits, black lung benefits, or child support payments; 12. Railroad retirement; and 13. Black lung benefits. If you think that any of your money that has been taken or held is exempt, you must act promptly because the money may be applied to the judgment or order. If you claim that any of your money that has been taken or held is exempt, you may contact the person sending this notice. Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE LEGAL SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an attorney to get your money 7 of 9
back. Bring this notice with you when you go. You are allowed to try to prove to a judge that your money is exempt from collection under New York civil practice law and rules, sections fifty-two hundred twenty-two-a. fifty-two hundred thirty-nine and fifty-two hundred forty. If you do not have a lawyer, the clerk of the court may give you forms to help you prove your account contains exempt money that the creditor cannot collect. The law (New York civil practice law and rules, article four and sections fifty-two hundred thirty-nine and fifty-two hundred forty) provides a procedure for determination of a claim to an exemption. Attorneys at Law 8 of 9
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- X ROBINSON BROG LEINWAND GREENE GENOVESE 8 GLUCK P.C., : Index No. 158914/13 Plaintiff - Judgment Creditor, : SUBPOENA DUCES TECUM : AND AD TESTIFICANDUM - against - : WITH RESTRAINING NOTICE KEVIN D. WOODLEY, Defendant - Judgment Debtor. : -------------------------------------------------------------------- x WEINTRAUB Counsel for Plaintiff 30 Wall Street, LLC - Judgment Creditor 8th Floor New York, New York 10005 (646) 450-6177 yweintraub@weintraublaw.corn corn 9 of 9