FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
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`EX NO.
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` VYSC
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` 3F:
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`520112/2016
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`10/30/2017
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`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSC 3F DOC. NO. 129
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`IND
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`
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` 4|IV-v .D
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`EXHIBIT A
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`

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`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
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`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM WW
`
`
`mm
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`
`
`
`.
`1
`. m_-_...::__,__=-
`.
`,__
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`
`
`NYCEF DOC. NO. 78
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`RECEIVED NYSCEFz. 06/19/2
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`'5
`-
`LAWYER .2
`
`n-—-
`
`P R E s E N T:
`
`‘
`
`At
`
`IAS Part @of the Supreme
`
`Court of the State of New York, held
`in and for the County of Kings, at the
`Courthouse located at 360 Adams
`
`Street, Brooklyn, New York on the
`__ day of June, 201 7.
`
`HONORABLE RICHARD VELASQUEZ
`f
`
`J 51:,
`____________________________________________________________________X
`HADY ROZENBERG,
`
`/--- ,
`
`K L
`
`,
`
`—— (
`v3
`
`‘
`
`Plaintiff,
`
`Index No. 520112/2016
`
`ORDER TO SHOW CAUSE
`
`-against-
`
`ISAAC PERLSTEIN aka YITZCHAK ARON
`
`PERLSTEIN, EVA PERLSTEIN, EFRAIM
`WAXMAN aka EPHRAIM WAXMAN aka
`
`EPHRAIM WACHSMAN, MARTIN ROZENBERG
`aka MORDECHAI ROSENBERG and RAIZEL
`
`ROSENBERG aka RAIZEL ROZENBERG,
`
`Defendants.
`_____________________________________________________________x
`
`/ NOTICE: The purpose of this application is to punish the accused for a contempt of
`court, and that such punishment may consist of fine, imprisonment or both, according to
`law.
`
`WARNING:
`
`YOUR FAILURE TO APPEAR IN COURT
`MAY RESULT IN YOUR IMMEDIATE ARREST
`AND IMPRISONMENT FOR CONTEMPT OF COURT
`
`/UP/ON reading and filing of the annexed affinnatign of Melissa Ephron—Mandel, datedfi‘
`
`June 13, 2017, the exhibits annexed thereto, and upon all of the pleadings and proceedings
`\_.
`
`
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
`
`
`DEX NO. 520112/2016
`
`IN
`_
`_ERK10 El] 2017 01: 46 PM
`ILED KINGS COUNTY CL
`-EE€EIfiEl§>EiXY§©EF52QEWOZW17
`.,
`NO
`78
`i
`I,
`i
`RECEIVED NYSCEF: 06/19/2017
`i
`I
`
`
`
`
`
`
`
`heretofore had herein, including the order of the Hon. Richard Velasquez, I.S.C., dated March 1,H“
`
`2017 and entered March 3, 2017 (the “‘Order”); and
`
`IT BEING ALLEGED that defendant ISAAC PERLSTEIN has and continues to
`
`willfully violate the clear terms of the Order, including failing to deposit collected rents/use and
`
`occupancy into the long standing joint house account, which violation has impaired, impeded
`fl"”
`
`and prejudiced the rights of the plaintiff.
`
`NOW, THEREFORE L defenants,)cluding defendant ISAAC PERLSTEIN,
`0610Jugh CL—
`appear and show cause before
`of the Supreme Court, Kings County, at the
`courthoqu located at 360 Adams Street,
`art 66, Room 469, Brooklyn, New York on the DI
`day Of‘ffl'flj 2017 at?509%in th
`can ofthat day, or as soon thereafter as counsel
`
`
`
`can be heard, why an order should not be made:
`
`(a) Pursuant
`
`to Judiciary Law §750 adjudging defendant
`
`ISAAC PERLSTEIN in
`
`criminal contempt of court based on his willful violation ofthe Order; and
`m
`
`(b) Pursuant to Judiciary Law §753 adjudging defendant ISAAC PERLSTEIN in civil
`
`contempt of court based upon his disobedience of the Order, which has impaired,
`
`impeded or prejudiced the rights ofthe plaintiff; and
`
`(c) Directing defendant ISAAC PERLSTEIN to immediately transfer all sums collected
`
`for rent and/or use and occupancy for the subject house from March 3, 2017 (the date
`
`of entry of the Order) into the long standing joint house account; and
`
`(d) Requiring defendant ISAAC PERLSTEIN to reimburse plaintiff for the costs and
`
`legal fees incurred in bring on this motion; and
`
`
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01: 46 PM
`meme MNéS9 COUNTY CLERK 062017 04: 01 PM
`NO
`78
`‘
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`
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`INDEX NO. 520112/2016
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`R*-C*'IW§E§YE '
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`RECEIVED NYSCEF: 06/19/2017
`
`(e) Granting plaintiff such other and further relief as to this Court seems Just, proper auu
`
`Q
`p
`equitable under the circumstances.
`SUFFICIENT CAUSE HEREBY SHOWWet/tsgrvice of a copy of this Order, together
`with the papers annexed hereto, upon defendantsWupon defendants counselsin this
`action and breerfified—mml—on ISAAC PERLSTEIN, on or before thet7girLday of June, 2017 be
`
`deemed good and sufficient.
`
`
`
`So Ordered
`Hon. Richard Vela
`
`ez
`
`JUN l 9 1017
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO~
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`
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`
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`RnCnIVnD VYSCEF:
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`
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`520112/2016
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`10/30/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS: PART 66
`____________________________________________________________________X
`
`HADY ROZENBERG,
`
`Plaintiff,
`
`Index No. 520112/2016
`
`AFFIRMATION
`
`against—
`
`ISAAC PERLSTEIN aka YITZCHAK ARON
`
`PERLSTETN, EVA PERLSTEIN, EFRAIM
`WAXMAN aka EPHRAIM WAXMAN aka
`
`EPI-IRAIM WACI-ISMAN, MARTIN ROZENBERG
`aka MORDECHAI ROSENBERG and RAIZEL
`
`ROSENBERG aka RAIZEL ROZENBERG,
`
`Defendants.
`_____________________________________________________________X
`
`Melissa Ephron—Mandel, an attorney duly admitted to practice law before the Courts of
`
`the State of New York, affirms the following to be true under the penalties of perjury, pursuant
`
`to CPLR 2106:
`
`1.
`
`I am a member of the law firm of Ephron-Mandel & Howard, L.L.P., attorneys
`
`for the plaintiff, I-Iady Rozenberg (“Plaintiff’), in the above—captioned action and, based upon
`
`our office files and records and my communications with counsel for defendants, I am familiar
`
`with the facts and circumstances set forth herein.
`
`2.
`
`This affirmation is respectfully submitted in support of Plaintiff 5 application for
`
`an order, inter alia, punishing defendant Isaac Perlstein for contempt of court in that he has and
`
`continues to willfully disregard and violate the order of the Hon. Richard Velasquez dated March
`
`1, 2017 and entered March 3, 2017 in the above captioned action (the “Order”, a copy of which
`
`with notice of entry is annexed as Exhibit “A" hereto).
`
`ISAAC PERLSTEIN’S VIOLATION OF THE ORDER
`
`3.
`
`The above captioned action is one in which Plaintiff has been forced to seek
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
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`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`3F DOC. NO. 129
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`
`INDEX N0.
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`
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`RfiCfiIVfiD VYSCEF:
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`520112/2016
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`10/30/2017
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`partition and other relief based on defendants’ ouster of Plaintiff from all beneficial use and
`
`enjoyment of the house which is the subject of this action (the “House”).
`
`4.
`
`In clear and unambiguous terms, the Court issued the Order requiring defendants
`
`to deposit all rent/use and occupancy from the House into the long standing joint House account,
`
`not into a “new” account of defendant Perlstein. Specifically, the Order provides, inter alia, that:
`
`... (b) all checks for rent/use & occupancy for the subject House
`
`shall be deposited into the long standing joint House account (not
`
`new account).
`
`5.
`
`The Order with Notice of Entry was duly served on counsel for defendants,
`
`including counsel for defendant Isaac Perlstein via NYSECF.
`
`6.
`
`7.
`
`From the outset, defendant Isaac Perlstein has refused to comply with the Order.
`
`The undersigned has repeatedly written to counsel for Isaac Perlstein demanding
`
`compliance with the Order, including letters dated March 28, 2017, March 30, 2017, April 5,
`
`2017 and June 6, 2017 — all to no avail. [Copies of the aforementioned letters and the June 7,
`
`2017 response letter from defendants’ counseli are annexed as Exhibit “B” hereto]
`
`8.
`
`Counsel for defendant Isaac Perlstein has verbally confirmed to the undersigned,
`
`on several occasions, that his client had not deposited the rent/use and occupancy into the joint
`
`house account as required.
`
`9.
`
`Instead, defendant Isaac Perlstein has violated the Order and deposit said
`
`sums into another account.
`
`10.
`
`Annexed hereto as Exhibit “C" is a copy of a Transaction History and account
`
`1 Account numbers redacted for e-filing.
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO~
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`
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`RnCnIVnD VYSCEF:
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`
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`520112/2016
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`10/30/2017
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`statements from Isaac Perlstein’s accountz, into which his counsel has advised that his client is
`
`depositing rents/use and occupancy from the House.
`
`11.
`
`The attached Transaction History shows that Isaac Perlstein is not only violating
`
`the Order by depositing rent/use and occupancy into an account other than the long standing joint
`
`House account as required by the Order, but that withdrawals are being made from the account
`
`without the consent of or even prior notice to the Plaintiff.
`
`12.
`
`Subsection (0) of the Order states:
`
`(0) no withdrawal or checks written from joint house account
`
`without consent of both Isaac Perlstein and Hady Rozenberg. All
`
`Requests for endorsing checks for deposit &/or for withdrawal or
`
`checks form joint account to be made in writing through counsel.
`
`13.
`
`No request for (or even prior notice of) withdrawals from the account have been
`
`received by Plaintiffs counsel as provided for in the Order.
`
`OTHER WRONGFUL ACTIONS OF DEFENDANT ISAAC PERLSTEIN
`
`14.
`
`Not only is defendant Isaac Perlstein continuing to violate the Order by refusing
`
`to deposit rent/use and occupancy into the long standing joint House account and failing to
`
`consult with Plaintiff before making withdrawals against such amounts as required, but recent
`
`correspondence from defendants’ counsel has disclosed, for the first time, that defendant Isaac
`
`Perlstein has unilaterally, without consent of or even prior notice to Plaintiff, cancelled and
`
`replaced the insurance policy on the House which he represented was in place in his affirmation
`
`previously filed with the courts
`
`2 Account numbers have been redacted for e-filing.
`3 Perlstein Affirmation dated February 23, 20l7 and Exhibit B thereto (NYSCEF DOC. NOS. 39 and 41).
`3
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
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`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX N0~ 520112/2016
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`
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`
`
`RnCnIVnD VYSCEF: 10/30/2017
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`DEFENANT ISAAC PERLSTEIN’S CONDUCT PREJUDICES PLAINTIFF
`
`15.
`
`This action was commenced to address Plaintiffs wrongfully ouster from all
`
`beneficial use and enjoyment of the House which she co—owns. There is currently pending before
`
`this Court Plaintiff’s motion for, inter alia, appointment of a receiver, and defendants’4 pre—
`
`answer motion to dismiss.
`
`16.
`
`Yet, even commencement of litigation and a clear Order from the Court has not
`
`stOpped defendant Isaac Perlstein from disregarding all rights of Plaintiff.
`
`17.
`
`Plaintiff is a signatory to the long standing joint House account and therefore has
`
`access to and can monitor activity on said account.
`
`18.
`
`As Defendant Isaac Perlstein has chosen to disregard the Order and deposit
`
`monies in his account, Plaintiff is not able to monitor what rents/use and occupancy from the
`
`House are deposited and/or what payments are made from those amounts. She is left with only
`
`the information which defendant Isaac Perlstein chooses to share with her, when he chooses to
`
`share it.
`
`19.
`
`From the attached, it appears that since entry of the Order there were two deposits
`
`made in March 2017, one for $500.00 and one for $2,150.00, and then no further deposits until
`
`June 2017 when deposits of $6,450.00 and $1,000.00 were made.
`
`20.
`
`The foregoing leaves open a number of questions including: of what rents/use and
`
`occupancy have been collected; whether payments were made in April and May 2017; and, if so,
`
`what has become of those payments.
`
`21.
`
`The attached also shows debits of over $10,000.00 since entry of the Order
`
`4 The pre-answer motion to dismiss is made on behalf of all defendants other than defendant Efraim Waxman, who
`is represented by separate counsel.
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
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`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX N0~ 520112/2016
`
`
`
`
`
`RnCnIVnD VYSCEF: 10/30/2017
`
`although, as set forth above, no prior consent from or even notice to Plaintiff was given.
`
`22.
`
`The action of defendant Isaac Perlstein in blatantly violating the Order leaves
`
`Plaintiff without any say or even knowledge of the income and expenses of her own property.
`
`23.
`
`Moreover, his unilateral cancellation and/or change of insurance puts her at
`
`further risk.
`
`CONCLUSION
`
`24.
`
`It is respectfully submitted that there is no factual issue but that defendant Isaac
`
`Perlstein has willfully violated the Order.
`
`25.
`
`The undersigned recognizes that contempt is a serious application not
`
`lightly
`
`requested but, after numerous communications with defendants’ counsel,
`
`it
`
`is clear
`
`that
`
`defendant Isaac Perlstein conduct,
`
`in blatantly violating the Order, will continue assent relief
`
`from the Court as sought herein.
`
`26.
`
`Not only is such relief necessary to protect Plaintiff, but it is also respectfully
`
`submitted that the orderly conduct of this action is wrongfully disrupted by defendant Isaac
`
`Perlstein’s refusal to comply with lawful Order of the Court.
`
`27.
`
`Neither the relief sought herein nor substantially similar relief has been sought
`
`before this or any other court.
`
`WHEREFORE, it is respectfully requested that the relief sought herein be granted in all
`
`respects, together with such other and further relief in favor of Plaintiff as this Court deems just,
`
`proper and equitable under the circumstances.
`
`Dated: New York, New York
`
`June 13, 2017
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`EX NO.
`
` VYSC
`
` 3F:
`
`520112/2016
`
`10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSC 3F DOC. NO. 129
`
`IND
`
`
`
` 4|IV-v .D
`
`EXHIBIT A
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`
`
`COUNTY CLERK anE2017 1112:48 BM
`“a
`r!
`
`
`NYSCEF DOC. NO. BE
`
`
`
`INDEX N0~ 520112/2016
`
`
`
`Ric*-IW)NW135201@23392©17
`
`RECEIVED NYSCEF: OQ/09/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`___________________________________________________________________X
`
`l-IADY ROZENBERG,
`
`Plaintiff,
`
`-against—
`
`ISAAC PERLSTEIN aka YITZCHAK ARON
`PERLSTEIN, EVA PERLSTETN, EFRAIM WAXMAN
`aka EPHRAIM WAXMAN aka EPHRAIM
`WACHSMAN, MARTIN ROZENBERG aka
`MORDECHAI ROSENBERG and RAIZEL
`ROSENBERG aka RAIZEL ROZENBERG,
`
`Defend ants.
`
`___________________________________________________________________X
`
`Index No. 520112/2016
`
`NOTICE OF ENTRY
`
`PLEASE TAKE NOTICE that within is a true copy of the Order of the Supreme Court of
`
`the State of New York, County of Kings (Hon. Richard Velasquez, J.S.C.) dated March 1, 2017
`
`and entered on March 3, 2017, in the above—captioned action.
`
`Dated: New York, New York
`
`March 6, 2017
`
`EPHRON MANDEL & HOWARD, L.L.P.
`
`
`L,“ //
`/' 2'
`/
`"/1.
`By: Melissa Ep/ on—Mandel
`Attorneys for P az‘ntz’fir
`299 Broadway, Suite 1615
`New York, New York 10007
`(212) 393-1077
`
`TO:
`
`Law Office of Jeremy Rosenberg (Via NYSCEF)
`Attorneys for Defendants I. Perlsz‘ein, E. Perlstein, M Rozenberg & R. Rosenberg
`358 Fifth Avenue, Suite 305
`New York, New York 10001
`
`Suslovich & Klein LLP (Via NYSCEF)
`Attorneys for Defendant, Ephraim Wachsman
`1507 Avenue M
`
`Brooklyn, New York 11230
`Attention: Mark M. Kranz
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`
`
`
`INDEX NO. 520112/2016
`
`
`R«.C «.Immmwa 01®¥Z§©QQ© 1 7
`
`
`NYSCEF DOC. NO. 64
`
`w fiECEIVfiideWF 52©§i§9é69é7
`
`RECEIVED NYSCEF: 03/03/y7
`
`the Supreme
`At an I.A.S. Trial Term, Parttbit
`Court of the State of New York, held in and for the
`County of Kings, at the Courthouse, located at
`Civic Center, Borough of Brooklyn, City and State
`of New York, on the /6-f‘day oflMgraA 2M (7
`
`
`
`
`
`
`
`P R E S
`E
`N
`T
`Hon.We :21
`Justice
`
`
`
`Hadl‘i flu 143405214!
`
`Plaintiff(s)
`
`Cal.No. gate—5
`Index No.
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`
`— against -
`
`If; a Q C p& pi fi—F‘eifl/ < 7C 0'9 i)efcndant(s)
`
`
`
`Papers Numbered
`read on this motion
`to
`The following papers numbered 1
`Notice ofMotion - Order to Show Cause
`
`and Affidavits (Affinmtions) Annexed
`Answering Affidavit (Affirmation)
`Reply Affidavit (Affirmation)
`Affidavit (Affirmation)
`
`Picadings — Exhibits
`Stipulations - Minutes
`Filed Papers
`
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`Marti M
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`EX NO.
`
` VYSC
`
` 3F:
`
`520112/2016
`
`10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSC 3F DOC. NO. 129
`
`IND
`
`
`
` 4|IV-v .D
`
`EXHIBIT B
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`3F DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`
`
`
`
`RnCnIVnD VYSCEF:
`
`10/30/2017
`
`EPHRON—MANDEL 8: HOWARD, L.L.P.
`
`Attorneys at Law
`
`299 BROADWAY. SUITE 1615
`NEWYORK. NY10007
`
`March 28, 2017
`
`Via Email & Re ular 1“ Class Mail
`LAW OFFICE OF JEREMY ROSENBERG
`358 Fifth Avenue, Suite 301
`New York, New York 10001
`
`Re:
`
`Hady Rozenberg v. Isaac Perlstein aka Yitzchak Aron Perlstein, et 31.
`Index No 520112/2016
`
`Dear Mr. Rosenberg,
`
`As you are aware, the order dated March 1, 2017 (the “Order,” a copy of which is
`enclosed herewith) requires, inter alia, that all checks for rent/use and occupancy for the subject
`house be deposited into the long standing joint house account (the “House Account”).
`
`It has come to our attention, however, that no payment for March 2017 rent/use and
`occupancy has, to date, been deposited into the House Account as required by the Order.
`
`Please advise the undersigned, upon your receipt of this letter, whether any of your
`clients, including but not limited to Mr. Isaac Perlstein, has collected any funds for March 2017
`rent/use and occupancy for subject house and, if so, what the current location/status of such
`funds are. In addition, please immediately advise whether your clients, Martin and Raizel
`Rozenberg, have made any payment on account of their use of the subject house for the month of
`March 2017 and, if so, to whom such payment has been made.
`
`Please note that this letter is sent without prejudice to and with full reservation of all
`rights and claims of our client, which are hereby fully reserved.
`
`Very truly yours,
`
`EPHRON—MANDEL & HOWARD LLP
`
`M%M%W%
`
`my:
`ml
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`-
`
`
`
`
`
`RnCnIVnD nYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 03
`NYSCEF DOC. NO.
`64
`
`.. -m INDEX N0~ 520112/2011
`RECEIVED NYSCEF: 03/03/917
`
`
`”New York, on the A541” Mauve/w mm (7 PRESENT
`
`the Supreme
`At an LA.S. Trial Term, Particbar
`Court of the State of New York, held ln and for the
`County of Kings, at the Courthouse,
`located at
`Civic Center, Borough of Brooklyn, City and State
`
`Hon. (inhggj ydgggo $1
`Justice
`
`
`
`Ha 514+ flo {€410le1qu
`
`- agalnst-
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`Plaintiff(s)
`
`Cal.No. fame—91;.
`IndexNO-
`‘5 ‘30 H 53,) 3.»er
`
`' befendanfls)
`'15 a Q C pdpl 54"‘61'0/ < f
`
`
`Papers Numbered
`read on this motion
`to
`following papers numbered 1
`The
`Notice ofMotion - Order In Show Cause
`
`and Affidavits (Affirmations) Anncxcd
`Answering Affidavit (Affirmation)
`
`Reply Affidavit (Affirmation)
`
`Aflidavit (Affirmation)
`
`
`
`
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`Headings - Exhibits
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`Filed Papers
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`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`IND
`
`
`
`
`nIVnD
`
`EX NO .
`
`
`\lYSCI3F:
`
`
`
`520112/2016
`
`10/30/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`_________________________________________________________________X
`HADY ROZENBERG,
`
`Index No. 520112/2016
`
`Plaintiff,
`
`-against-
`
`AFFIDAVIT OF SERVICE
`
`ISAAC PERLSTEIN aka YITZCHAK ARON PERLSTEIN,
`EVA PERLSTEIN, EFRAIM WAXMAN aka EPHRAIM
`WAXMAN aka EPHRAIM WACHSMAN, MARTIN
`ROZENBERG aka MORDECHAI ROSENBERG and
`RAIZEL ROSENBERG aka RAIZEL ROZENBERG,
`
`Defendants.
`_________________________________________________________________x
`
`ss.:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`Esther Adachi, being duly sworn, deposes and says:
`
`I am over eighteen years of age and reside in Brooklyn, Kings County, New York.
`1.
`I am employed by Ephron—Mandel & Howard, LLP.
`2.
`3. On the 28th day of March, 2017, I mailed by regular first class mail, a true copy of the within letter
`with decision to the Law Office of Jeremy Rosenberg by depositing said documents enclosed in
`postage—paid, properly addressed envelope in an official depository under the exclusive care and
`custody of the United States Postal Service within the State of New York. Said envelope was
`addressed as follows:
`
`Law Office of Jeremy Rosenberg
`358 Fifth Avenue, Suite 301
`New York, NY 10001
`
`Sworn to before me this
`gg‘j‘day of March, 2017
`
`/
`
`PUBL C
`NO A
`MELISSA G. EPHRON-MANDEL
`NOTARY PUBLIC-STATE OF NEW YORK
`No. 02EP6350269
`
`Qualified In Naasau Gountv
`My Commission Expires 1107-2020
`
`ha M
`
`Esther Adachi
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`
`IND
`
`
`
`
`RnCnIVnD
`
`EX NO .
`
`520112/2016
`
`
`
`\IYSCI
`
` 3F:
`
`10/30/2017
`
`EPHRON-MANDEL & HOWARD, L.L.P.
`
`Attorneys at Law
`
`299 BROADWAY, SUITE 1615
`NEW YORK. NY 10007
`
`March 30, 2017
`
`Via Email & Regular 1“ Class Mail
`LAW OFFICE OF JEREMY ROSENBERG
`358 Fifth Avenue, Suite 301
`New York, New York 10001
`
`Re:
`
`Hady Rozenberg v. Isaac Perlstein aka Yitzchak Aron Perlstein, et al.
`Index No 520112/2016
`
`Dear Mr. Rosenberg,
`
`To date, irrespective of your email of March 28, 2017, you have not responded to the
`serious questions raised'1n our letter of March 28, 2017, a copy of which15 enclosed herewith for
`your convenience.
`
`Please respond without further delay.
`
`Please note that this letter is sent without prejudice to and with full reservation of all
`rights and claims of our client, which are hereby fully reserved.
`
`Very truly yours,
`
`EPHRON—MANDEL & HOWARD LLP
`
`”I’m KMelissa“Eph
`
`at:
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`3F DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`
`
`
`
`RnCnIVnD uYSCEF:
`
`10/30/2017
`
`EPHRON—MANDEL 8: HOWARD, LLP.
`
`Attorneys at Law
`
`299 BROADWAY. SUITE 1615
`NEW YORK, NY 10007
`
`March 28, 2017
`
`Via Email & Regular 1" Class Mail
`LAW OFFICE OF JEREMY ROSENBERG
`358 Fifth Avenue, Suite 301
`New York, New York 10001
`
`Re:
`
`Hady Rozenberg v. Isaac Perlstein aka Yitzchak Aron Perlstein, et 31.
`Index No 520112/2016
`
`Dear Mr. Rosenberg,
`
`As you are aware, the order dated March 1, 2017 (the “Order,” a copy of which is
`enclosed herewith) requires, inter alia, that all checks for rent/use and occupancy for the subject
`house be deposited into the long standing joint house account (the “House Account”).
`
`It has come to our attention, however, that no payment for March 2017 rent/use and
`occupancy has, to date, been deposited into the House Account as required by the Order.
`
`Please advise the undersigned, upon your receipt of this letter, whether any of your
`clients, including but not limited to Mr. Isaac Perlstein, has collected any funds for March 2017
`rent/use and occupancy for subject house and, if so, what the current location/status of such
`funds are. In addition, please immediately advise whether your clients, Martin and Raizel
`Rozenberg, have made any payment on account of their use of the subject house for the month of
`March 2017 and, if so, to whom such payment has been made.
`
`Please note that this letter is sent without prejudice to and with full reservation of all
`rights and claims of our client, which are hereby fully reserved.
`
`Very truly yours,
`
`EPHRON—MANDEL & HOWARD LLP
`
`14%»14/4Wé
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCI3F DOC. NO. 129
`
`INDEX N0~ 520112/2016
`
`
`
`
`
`RnCnIVnD VYSCEF: 10/30/2017
`
`_ —...,__,,
`
`FILED: KINGS COUNTY CLERK o3m2017 11:36 ‘
`NYSCEF DOC. NO.
`54
`
`INDEX "0' ”0112/2016
`RECEIVED NYSCEF: 03/03/59£5~N
`
`
`the Supreme
`At an LAB. Trial Term, Partébof
`Court of the State of New York, held in and for the
`
`County of Kings, at the Courthouse,
`located at
`
`
`
`Civic Center, Borough ol'Brooklyu. City and State
`of New York, on the /$f"dny qu/J\ 2Q? (7
` PRESENT
`Hon. iliCiifl‘fli
`El Cami° C1
`Justice
`
`a
`H J‘i fl
`
`O {afli
`
`/
`
`Plalnflff(s)
`
`Cal.No. sad—'33
`IndexNO-
`‘S 34> H :1) atlas
`
`- against -
`
`I iJefendant(s)
`.15 a. Q C pi pi 6+1; {0/ < f
`
`
`to
`
`read on this motion
`
`Papers Numbered
`
`following papers numbered 1
`The
`Notice ofMotion - Ordu to Show Cause
`and Affidavits (Affirmations) Annexed
`Answering Affidavit (Afiimmtion)
`
`Reply Affidavit (Affirmation)
`Affidavit (Affirmation)
`
`Pleading; - Exhibits
`Stipulations ~ Minutes
`
`Filed Papers
`
`'i
`
`.
`
`
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`
`For Clerks use only
`
`lEJV-revll~04
`
`
`
`.
`
`
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO~ 520112/2016
`
`
`
`
`
`RnCnIVnD VYSCEF: 10/30/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`IIIAB'Q‘NBEEN‘NENE,""""""""""""""""""""X
`
`INNNI. NONI/ION
`
`Plaintiff,
`
`—against—
`
`AFFIDAVIT OF SERVICE
`
`ISAAC PERLSTEIN aka YITZCHAK ARON PERLSTEIN,
`EVA PERLSTEIN, EFRAIM WAXMAN aka EPHRAIM
`WAXMAN aka EPHRAIM WACHSMAN, MARTIN
`ROZENBERGahflWORDECHAIROSENBERGand
`
`RAIZEL ROSENBERG aka RAIZEL ROZENBERG,
`
`Defendants.
`_________________________________________________________________X
`
`ss.:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`Esther Adachi, being duly sworn, deposes and says:
`
`1.
`
`I am over eighteen years of age and reside in Brooklyn, Kings County, New York.
`
`I am employed by Ephron-Mandel & Howard, LLP.
`2.
`3. On the 31St day of March, 2017, I mailed by regular first class mail, a true copy of the within
`
`letter, a true copy of a letter dated March 28, 2017 with a decision to the Law Office of Jeremy
`
`Rosenberg by depositing said documents enclosed in postage-paid, properly addressed envelope
`
`in an official depository under the exclusive care and custody of the United States Postal Service
`
`within the State of New York. Said envelope was addressed as follows:
`
`Law Office of Jeremy Rosenberg
`358 Fifth Avenue, Suite 301
`New York, NY 10001
`
`to before me this
`
`3} day of Mar WMRWLEE OF NEW YORK
`
`No.02EP6350269
`Quallfladln Nassau Geunty
`My Commisaien Euelre§11=©7=2020
`
`Esther Adachi
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10m2017 01:46 PM
`3F DOC. NO. 129
`
`INDEX NO .
`
`
`
`
`
`R*.C fiIVfiD \lYSCEF:
`
`520112/2016
`
`10/30/2017
`
`EPHRON-MANDEL 8: HOWARD, LLP.
`
`Attorneys at Law
`
`299 BROADWAY, SUITE 1615
`NEWYORK. NY 10007
`
`March 30, 2017
`
`Via Email & Re ular 1" Class Mail
`LAW OFFICE OF JEREMY ROSENBERG
`358 Fifth Avenue, Suite 301
`New York, New York 10001
`
`Re:
`
`Hady Rozenberg v. Isaac Perlstein aka Yitzchak Aron Perlstein, et 21.
`Index No 520112/2016
`
`Dear Mr. Rosenberg,
`
`client, Mr. Perlstein, had deposited March 2017 rent or use and occupancy checks for the house
`which is the subject of the above action (the “House”) into his own account, rather than the long
`standing joint house account (the “House Account”) — as required by the unequivocal terms of
`the order of the Honorable Richard Velasquez, J.S.C., dated March 1, 2017 and entered in the
`above referenced action (the “Order”).
`
`Your client’s actions are a blatant and ongoing violation of Justice Velasquez’s
`Order and demand is hereby made for Mr. Perlstein to immediately deposit, into the House
`Account, the entire amount of all rent and/or use and occupancy collected with respect to
`the House from March 1, 2017 forward.
`
`Your client’s erroneous assertion that the House Account had previously been closed is
`irrelevant to his current and ongoing violation of the Order. If your client had any issue in
`depositing into the House Account as required, it should have been brought to our attention
`immediately. Instead, this erroneous claim was made only after we had repeatedly inquired as to
`the status of the March 2017 rent and/or use and occupancy payments and your client was no
`longer able to conceal his wrongful conduct.
`
`Please note that this letter is sent without prejudice to and with full reservation of all
`rights and claims of our client, which are hereby fully reserved, including but not limited to those
`based on your client’s wrongful conduct in blatantly violating the Order.
`
`Very truly yours,
`
`EPHRON—MANDEL & HOWARD LLP
`
`1511!
`iii-l
`
`

`

`FILED: KINGS COUNTY CLERK 10/30/2017 01:46 PM
`NYSCEF DOC. NO. 129
`
`INDEX NO. 520112/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`FILED: KINGS COUNTY CLERK 10 @2017 01 :46 PM
`NYSCEF DOC. NO. 129
`
`INDEX N0.
`
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`
`
`
`520112/2016
`
`10/30/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`_________________________________________________________________x
`
`HADY ROZENBERG,
`
`Index No. 520112/2016
`
`Plaintiff,
`
`—against—
`
`AFFIDAVIT OF SERVICE
`
`ISAAC PERLSTEIN aka YITZCHAK ARON PERLSTEIN,
`EVA PERLSTETN, EFRAIM WAXMAN aka EPHRAIM
`WAXJVLAN aka EPHRAIM WACHSMAN, MARTIN
`ROZENBERG aka MORDECHAI ROSENBERG and
`
`RAIZEL ROSENBERG aka RAIZEL ROZENBERG,
`
`Defendants.
`_________________________________________________________________X
`
`ss.:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`Esther Adachi, being duly sworn, deposes and says:
`
`I am over eighteen years .of age and reside in Brooklyn, Kings County, New York.
`1.
`I am employed by Ephron-Mandel & Howard, LLP.
`2.
`3. On the 31St day of March, 2017, I mailed by regular first class mail, a true copy of the within letter
`to the Law Office of Jeremy Rosenberg by depositing said documents enclosed in postage-paid,
`
`properly addressed envelope in an official depository under the exclusive care and custody of the
`
`United States Postal Service within the State of New York. Said envelope was addressed as
`follows