FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-------------------------------------------------------------------X
`NIKKI TORRETTA,
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`Plaintiff,
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`-against-
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`Index No.: 600306/2019
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`AFFIRMATION IN SUPPORT
`OF OTSC FOR RECEIVER
`
`MICHAEL MASONE, RICHARD ARMELLINO, and
`MNMASONE INC.,
`
`Defendant.
`-------------------------------------------------------------------X
`STATE OF NEW YORK
`
`))
`
`)
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`ss
`
`COUNTY OF
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`Plaintiff, by and through her attorney Meth Law Offices, PC, hereby does allege under the
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`penalties of perjury:
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`1.
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`I am the Plaintiff in the above-entitled action, and I therefore have knowledge of the
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`facts pertinent to this action.
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`2.
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`I make this affidavit in support of the annexed order to show cause and motion for
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`an order (a) appointing a temporary receiver of property in which Plaintiff has an interest; (b)
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`requiring Defendants to deliver that property to the receiver; and © restraining Defendants, and all
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`persons acting under their authority and control or in concert or privity with them, from withdrawing,
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`depleting, dissipating, removing, spending, transferring, encumbering, hypothecating, tampering
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`with, or otherwise affecting the property and business in whole or in part during the pendency of this
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`motion and action.
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`3.
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`I am thirty years old. I am licensed therapist on Long Island.
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`FACTS
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`4.
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`In February 12, 2013 my grandmother passed away. Her estate was passed with
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`rights to survivorship to my grandfather. On June 28, 2015 my grandfather passed away and left me
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`a house, stocks, and other valuable items. In February 2016, my mother passed away. I was alone.
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`5.
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`I met Defendant Masone and started dating in May, 2016 at Bracco’s where he was
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`a general manager and I bartended. I eventually found out that he lied about being the owner of
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`Bracco’s. I also later learned that he lied about owning a construction company.
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`6.
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`As of 7/31/2016 before I moved in with Defendant Masone, my Wells Fargo
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`portfolio was worth $232,357.20, my credit score was over 800 and I owned a house in Howard
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`Beach outright worth in excess of $650,000.00.
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`7.
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`On 8/26/2016 Defendant Masone had me transfer $30,000 from Wells Fargo to
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`checking account 1451 Capital One, which was my personal checking account.
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`8.
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`I moved into his home that he was renting in August, 2016. That home is owned by
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`Sarah Morici.
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`9.
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`He rented my previous house in Howard Beach out to tenants shortly after I moved
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`in with him.
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`10.
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`On or about 10/23/17, I wrote a $50,000 check for a deposit on a house 182A E
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`Shore Dr, Massapequa, NY.
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`11.
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`Defendant Masone wanted to lease a 2017, Dodge Ram 2500 in December of 2016.
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`He had us lease it together because he told me he had bad credit.
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`12.
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`In December 2016, defendant Masone kept asking me to buy a dumpster/container
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`business with him, he continued to research businesses for a year. Proposed also a landscaping
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`company and another container business.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`13.
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`14.
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`On 1/12/2017 I transferred $10,000 to checking account 1451 Capital One.
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`In May 24, 2017 Defendant Masone convinced me to lease a Porsche Macan under
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`my name. He began to pressure me to lease a more expensive vehicle than I previously had through
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`verbal intimidation, combined with attack on my self esteem which began to make me question my
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`judgment.
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`15.
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`By May 2017, Defendant Masone started telling people he had purchased an
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`engagement ring and showed several people photos.
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`16.
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`17.
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`18.
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`In June 2017 he began looking for homes to buy online and I was against the idea.
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`In or around August 2017, Defendant Masone started looking at houses.
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`In September 2017 Defendant Masone found the house located at 182A E shore Dr
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`in Massapequa. The house was originally supposed to go under mine and my cousin's name but
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`towards the end of the deal her and I didn’t have the income for a conventional mortgage.
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`19.
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`In or about October 18, 2017 I put a deposit for $50,000 out of Wells Fargo account
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`on 182A E shore Dr.
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`20.
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`21.
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` December 1, 2017 had to pay tenants to leave Howard Beach in order to sell.
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`On 12/07/2017 I transferred $4,500 to Capital One. He said he needed money to pay
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`house hold bills. He would yell at me and berate me and get quite manipulative and angry if I
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`wouldn’t give him the money he would ask for.
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`22.
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`On 12/13/2017 I transferred $10,000 to Capital One to give Daniel Milazzo a
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`$10,000 deposit for a masonry business Defendant Masone wanted to purchase from him. The
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`purchase of the business included a crew of men, accounts, goodwill, an excavator, dump truck,
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`pickup truck, trailer, and tools.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`23.
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`December 28, 2017 corporation was formed MNMASONE INC. December/January
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`we co-signed a $400,000 hard money loan with Wisdom Equities LLC. January 3, 2018 moved out
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`of Freeport house Michael was renting after eviction letter was sent from homeowner Sarah Morici.
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`24.
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`25.
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`I gave Daniel Milazzo the initial $10,000.00 for the Masonry business on 1/6/2018.
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`In January 2018, Defendant had me close out my safety deposit box and accounts at
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`Capital One to move them to TD bank in East Meadow where his best friend is the manager. Told
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`me “our” personal account had to be in my name in case he ever got into trouble.
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`26.
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`In January 2018, Defendant Masone gave his sister’s boyfriend my credit card to use
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`for $1,700.00 as a down payment for a new truck. I did not want to let them use my credit card.
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`Defendant Masone kept pushing and pushing and promised he would pay it back.
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`27.
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`On January 15, 2018 we engaged in a simultaneous sale of the Howard Beach
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`property left to me by my parents which netted approx $635,000, and the purchase of the house
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`located at 182A E Shore drive. I put down $400,000 on that house. At the closing for that house
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`purchase, several liens against Defendant Masone were introduced. I was told the following liens
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`had to be paid off or we couldn’t close. I then paid on behalf of Defendant Masone the following
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`amounts:
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`a) $4,377.77 from Wharfside Condominium, 725 Miller Ave, Freeport, NY, 11520
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`b) $10,205.81 from Nassau Financial Credit Union
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`c)$6,396.00 from Law Office of Maggio & Meyer
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`d) $626.16 from New York State Department of Tax & Finance
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`e)$11,116.01 from FIA Card Services
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` Approximate Total : $32,721.75.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`28. We then closed on that house. The deed was titled directly into the corporation.
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`29.
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`Also in January 18, 2018, Defendant Masone, had me withdraw $5,530 from Wells
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`Fargo account, which was my personal account and we paid for bills.
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`30.
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`On 1/22/2018 I deposited the remaining 167,007.00 as a check from the sale of the
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`Howard Beach house into my TD personal account ending in 7119.
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`31.
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`On 1/25/2018 I withdrew $90,000 in the form of a bank check to give to Daniel
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`Milazzo as the second payment for Defendant Masone’s business. The remaining $35,000 was to
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`be paid off monthly from income generated from the business. Our monthly expenses were also paid
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`from the business.
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`32. We filed a DBA for our new masonry business in Nassau County under the name
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`Masone Masonry.
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`33.
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`On or about 1/31/2018 I began monthly payment plan with alliance one for tickets
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`Defendant Masone hadn’t paid to Nassau County TPVA. The total amount due was over $3500.00
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`The monthly payment was approximately $345.00.
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`34.
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`Defendant Masone also had me pay for previous money he owed to Optimum cable
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`with my Amex for over $600.
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`35.
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`In January 19, 2018 we moved into 182A E shore Dr., Massapequa, NY. It was a
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`legal one family home.
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`36.
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`In two years I paid, on behalf of Defendant Masone, in excess of $10,000 worth of
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`red light tickets and parking tickets on my credit cards and checking accounts for plates: GRR1750,
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`51276MJ, 16403ML all personal vehicles of Defendant Masone, as well as numerous moving
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`violations, and suspension lift fees.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`NYSCEF DOC. NO. 5
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`37.
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`Defendant Masone created an illegal apartment and began to rent it out to Plaintiff’s
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`cousin. Defendant Masone demanded to paid in cash and kept the money.
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`38.
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`In February came with me to TD bank and had me cash in bonds for about $6,000.
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`Defendant Masone told me he needed money for the bills. He took the money.
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`30. Monthly payments to Daniel Milazzo in the amount of $3208.00 began in or about
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`March 1, 2018.
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`39.
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`On or about April 9, 2018 Defendant Masone had me withdraw $5,000 cash from
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`Wells my Fargo account. He documented it as a personal loan to the business. He took the money.
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`40.
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`In or about April 2018 I was informed by Defendant Masone that Defendant
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`Armellino was our company’s new CFO.
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`41.
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`On or about April 13, 2018 Defendant Masone had me withdraw $30,000 cash to
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`personally finance the remainder of Rich Armellino’s Masonary job at 925 Alan Drive in Wantagh,
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`NY. As of 1/14/2019 he still owes me $20,000. This came out of my Wells Fargo Account. So I
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`paid for Defendant Masone to finish a job that our company was doing at our CFO’s house.
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`42.
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`Richard Armellino held himself out as a notary public. Upon information and belief
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`he is not a currently licensed Notary Public according to their website.
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`43.
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`In or about June 2018, Defendant Masone started looking at foreclosures to flip, I
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`refused to give any more money to him. He got angry. He became severely verbally abusive.
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`44.
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`On or about 6/21/2018 Defendant Masone withdrew $15,400 from TD bank account
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`ending in 7119, my personal account and deposited it into the business.
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`45.
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`In August 2018, Defendant Masone had me lease two Dodge Ram 1500s for him.
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`I was on the lease under my social security number as a personal guarantor. They are leased to
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`MNMasone, Inc. I had initially refused to put any more vehicles in my name. He just kept pushing
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`until I did it. He is manipulative. I lived with him. He gave me no space.
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`46.
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`47.
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`There was no intimacy in our relationship.
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`In or about October 2018 Defendant Masone wanted me to lease a Dodge Demon
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`under my name and I refused. Defendant Masone had dealership run my credit without me being
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`there.
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`48.
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`He then tried to get a Ferrari in my name. They took a deposit on my American
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`Express and they started running numbers. After we left I called and cancelled the charge on my
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`card. Defendant Masone reacted violently. He told me its not fair, he has nothing, nothing is his,
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`its not fair he should be able to get a car. He works so hard to support him. He was relentless.
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`49.
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`August 15, 2018 Defendant Masone bought another dump truck with funding from
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`Direct Capital. He also got funding for two trailers from them. I have no idea what he used as
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`collateral.
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`50.
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`51.
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`In or about September 15, 2018 we got engaged.
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`In or about October through November 2018 he had a home automation system
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`installed in out home at 182a East Shore Drive, Massapequa, NY. He began monitoring me over the
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`cameras. Whenever I would unplug them he would start yelling at me and threatening me. He
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`would tell me that he needed the cameras plugged in so he could see his dog, and make sure his dog
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`was safe.
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`52.
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`November 9, 2018, we went to Lynx mortgage bank, he wanted to refinance the
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`mortgage. Richard had none of the taxes filed, none of the paperwork was done. They denied us.
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`53.
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`December 3, 2018 he broke up with me in person, on my birthday, in front of my
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`cousin, and his fiancé. He cursed at me and insulted me. He called me a 12 year old as he told me
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`he didn’t give a shit about my birthday. He then left the house. But came back later that night.
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`54.
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`55.
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`56.
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`I was moved into the guest room while he retained the master suite within days.
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`On December 21, 2018, I signed the purported stock purchase agreement.
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`On or about 12/23/2018 Michael made me meet him at the bank and close out my TD
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`personal account ending in 7119 that he had been using as his own. Before that he transferred the
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`remaining balance to the business account. I believe there was a balance in excess of $7500.00 when
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`he did that.
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`57.
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`On Christmas Eve he was verbally assaultive and inappropriate in front of his whole
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`family. He berated me. He followed me around and insulted me. He told me I was a disgrace.
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`58.
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`On or about January 5, 2019, I moved out of the home at 182a East Shore Drive,
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`Massapequa, NY. He told me that if I didn’t get out of the house him and Rich would bankrupt the
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`business and put the house into foreclosure.
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`59.
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`He breached the original shareholders agreement in numerous ways, He ousted me
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`after a freeze out from the company, he took me off bank accounts, he stopped giving me money
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`from the company, he spent company funds on himself, he failed to do proper accountings, he
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`threatened that if I didn’t sell him my shares and sign the stock purchase agreement, he would
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`bankrupt the business and have the house go into foreclosure.
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`60.
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`He breached the stock purchase agreement immediately upon signing it. He made
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`a PC Richards payment late, made American Express payment late, threatened me numerous times,
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`he constantly threatens to stop checks.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
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`INDEX NO. 600306/2019
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`RECEIVED NYSCEF: 01/14/2019
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`THE COURT SHOULD APPOINT A RECEIVER OVER THE ASSETS OF
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`MNMASONE INC.
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`61. The property over which Plaintiff seeks a receiver (hereinafter the “Property”) are all
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`income, accounts receivable and assets of MNMASONE, Inc., which includes a piece of residential
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`real estate and a masonry business and assets of that business. This includes, without limitation (I)
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`all accounts, accounts receivable, gross sums, real estate, equipment and other proceeds or revenues
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`of whatever nature or description; and (ii) the contents of a certain bank account located at TD Bank
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`located on Merrick Road in Massapequa, under the account name Michael Masone or Masone
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`Masonry or MNMASONE, Inc., or any other iteration or through an agent in which account monies
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`from the income of the business is utilized and distributed.
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`62.
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` Plaintiff requests the appointment of a receiver under CPLR 6401, in the interests
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`of justice. The Property is specific—all related to MNMASONE, Inc., and its assets—and without
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`a receiver, Plaintiff will be left without her share of the Property and without a remedy.
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`63.
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`Plaintiff has a partnership interest in the property, in that she is a fifty (50%) percent
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`owner of MNMASONE, Inc., pursuant to a shareholders agreement dated December 28, 2017. (See
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`Exhibit A)
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`64.
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`The two major assets of MNMASONE, Inc., are a residential property located at 182
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`East Shore Drive, Massapequa, NY (See Exhibit B) and a Masonry Business operating under a
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`Nassau County d/b/a Masone Masonry, (See Exhibit C) which is currently operational, generates
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`income and has substantial assets.
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`65.
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`Plaintiff has a distinct interest in the foregoing property and business under an
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`agreement between Plaintiff and Defendant Masone making them 50% owners of that company and
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`its assets. The property located at 182a East Shore Dive, Massapequa. NY is titled to the
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`Corporation, and the corporation also acts as an operating shell for the Masonry Business.
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`66.
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`By express provisions of this agreement, Plaintiff is entitled to ½ all of the funds
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`collected by Defendants after the deduction of certain authorized amounts.
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`67. Moreover, the entire agreement was premised upon Plaintiff’s contribution of
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`significant amounts of capital and Defendant Masone’s obligation to preserve the assets purchased
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`with that capital and to repay the Plaintiff her initial contributions. Unfortunately, Plaintiff made the
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`significant capital investments without security instruments because of the fiduciary nature of the
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`relationship, which Defendants exploited.
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`68.
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`Defendants have flouted each of these provisions others in flagrant breach
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`of their fiduciary duty to Plaintiff. Defendants other breaches include their seizure of control of
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`MNMASONE, Inc., and 182a East Shore Drive, Massapequa, NY. Defendants usurped its assets
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`and goodwill and diverted them to successor entities and/or individuals and diverted income and
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`future profits to themselves. Defendants have committed oppressive actions towards Plaintiff inter-
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`alia, withheld salary from the Plaintiff, excluded Plaintiff from management decisions, and blocked
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`Plaintiff’s access to daily business operations, cameras and emails before eventually freezing her out
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`of the business entirely and then unceremoniously firing her on or about December 20, 2018.
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`69.
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`Defendants consistently assured Plaintiff, falsely, that they would abide by their
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`contractual and fiduciary obligations, all while being verbally aggressive and threatening towards
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`her. Then, they evicted her from her home, fired her, cut off her income source, stopped paying all
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`of her expenses and then presented to her a stock purchase agreement (See Exhibit D) which places
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`control of all of the assets of the corporation into the hands of Defendants, while relegating Plaintiff
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`to collecting small monthly payments over an extended period of time while awaiting a balloon
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`payment which will amount to a fraction of her initial investment, all of which are unsecured.
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`70.
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`The residential property and the business are now in danger of being further lost or
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`dissipated because Defendants are in heavy debt to Plaintiff and they have already wrested control
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`away from her, failed to provide accountings or to disclose their intentions or actions with respect
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`the assets. Defendants are dealing with those funds and assets as their own by spending and
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`commingling them with other funds in willful and knowing violation of their fiduciary and
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`contractual duties to the detriment of the Plaintiff.
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`71.
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`Plaintiff believes it is necessary for the protection of her rights that a receiver be
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`appointed for the business and for the real estate, for the reason that Defendants are about to transfer
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`the real estate to a third person for an inadequate consideration in order to attempt to defeat Plaintiff's
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`rights and/or to otherwise encumber it, and that the Defendants are about to further encumber the
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`Masonry Business.
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`72. Without a receiver to protect Plaintiff’s interests, this action will be all but
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`meaningless. If a receiver is not appointed, Plaintiff will be left to an ordinary money judgment
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`against a corporation whose assets are, in all likelihood, insufficient to satisfy Plaintiff's just claims;
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`for one thing, Defendants have failed to pay us sums conceitedly due and, upon information and
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`belief, have defaulted on their obligations to pay other creditors as well. Furthermore, if Defendants
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`cannot satisfy a judgment against them, we will be put to the arduous task of tracing monies and
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`assets delivered into third parties' hands. Plaintiff should not be not relegated to Defendants' good
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`faith or a meaningless monetary judgment after protracted legal proceedings and a trial. Especially
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`because the Defendants have far more resources than the Plaintiff.
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`73.
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`Defendants should not be allowed to continue to avoid their fiduciary obligations and
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`leave Plaintiff with an uncollectible judgment too. For all these reasons, a receiver is necessary.
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`74.
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`The value of the property for which a receiver is sought is in excess of seven hundred
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`thousand ($700,000.00) dollars.
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`75.
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`According to CPLR § 6401, “The court is authorized to appoint a temporary receiver
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`only in response to a motion by a person with an apparent interest in the property that is the subject
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`matter of the action.” Civ. Practice Law and Rules 6401.
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`76.
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`Further, “a temporary receiver should only be appointed where there is a clear
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`evidentiary showing of the necessity for the conservation of the property at issue and the need to
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`protect a party’s interests in that property.” Civ. Practice Law and Rules 6401.
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`77.
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`78.
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`In this case there is such a showing.
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`The property must be at a risk of loss, material injury or destruction or removal from
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`New York. Civ. Practice Law and Rules 6401.
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`79.
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`In this case both the business and the residential real estate are at risk of loss or
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`destruction or encumbrance or hypothecation.
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`80.
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`Courts require “clear and convincing evidence of the danger of irreparable loss or
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`damage.” Civ. Practice Law and Rules 6401.
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`81.
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`82.
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`If Plaintiff is granted a hearing she will sustain that burden.
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`A receiver “may be empowered not only to take possession of the property but also
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`to manage daily operations relating to the property, such as collect rent from tenants.” Civ. Practice
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`Law and Rules 6401. The Court which appointed the receiver may “authorize him to take and hold
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`real and personal property, and sue for, collect and sell debts or claims, upon such conditions and
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`for such purposes as the court shall direct.” Civ. Practice Law and Rules 6401.
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`83.
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`It is customary that courts proceed with “extreme caution” when deciding whether
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`to appoint a temporary receiver or not due to the invasion it may impose on a party’s interest prior
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`to the determination of the underlying action on the merits. Hahn v. Garay, 54 A.D.2d 629, 387
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`N.Y.S.3d 430 (1st Dept.). However, it is clear that without the appointment of a receiver in this case,
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`the Defendants will commit corporate waste to the corporate assets.
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`84.
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`Plaintiff has a clear interest in MNMASONE, INC. AND 182a East Shore Drive,
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`Massapequa, NY 11758 and there is a clear necessity of a receiver as the Defendants are trying to
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`take out lines of credit against the equity in the home and/or the business.
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`85.
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`Upon information and belief they are diverting income and monies away from the
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`corporation.
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`86.
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`Defendants have fired the Plaintiff and barred her from the premises, taken away her
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`access to emails and accounts and are depriving the Plaintiff of any proceeds or income from the
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`corporations.
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`87.
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`They have also stopped paying all of her living expenses, which were previously paid
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`from the business.
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`88.
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`“A receivership is a creature of the court...and functions in the place of and as the
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`instrumentality of the court itself. As a special ‘officer of the court’... with ‘fiduciary responsibilities’
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`...the receiver acts solely on the court’s behalf... and is otherwise a stranger to the parties and their
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`dispute.” In re Kane, 75 N.Y.2d 511, 515 (1990). Moreover, “Depending on the nature of the
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`receivership, it may be reasonably necessary for the receiver to retain the services of various
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`professionals to handle matters pertaining to the property. For example, there are circumstances that
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`RECEIVED NYSCEF: 01/14/2019
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`may require repair, improvement or sale of property, involving skills beyond the capacity of the
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`receiver himself or herself. Generally, the receiver must be authorized by the court to retain such
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`services.” Civ. Practice Law and Rules 6401. The appointment of a receiver in this case would not
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`limit either parties ability to collect from the rental properties or maintain the rental properties.
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`89.
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`The receiver is necessary because of the fraudulent acts of the Defendants who have
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`usurped control over the company and the residential property and a sizeable number of valuable
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`assets and are either; a) Using them to generate revenue that Plaintiff is entitled to a share of, or
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`liquidating them or hypothecating them and receiving monies all while freezing Plaintiff out of the
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`decision making process and the proceeds after ouster.
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`90.
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`The Plaintiff will suffer irreparable harm and damage should the Defendants be
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`allowed to squander these corporate assets and the equity in the residential property. Should this
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`court not appoint a receiver for the subject property and other corporate assets, the Defendants will
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`continue to commit corporate waste and to exclude Plaintiff from management of those assets as well
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`as proceeds generated from their use in commerce.
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`91.
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`A previous application for a receiver has not been made by Plaintiff.
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`TRO and PRELIMINARY INJUNCTION
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`92.
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`Plaintiff respectfully moves this Court for a Temporary Restraining Order and
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`Preliminary Injunction pursuant to CPLR 6313 and alleges in support thereof:
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`93.
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`On January 11, 2019, Plaintiff filed a Verified Complaint in Equity with the Court.
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`A true and correct copy of the Verified Complaint in Equity is attached hereto as Exhibit E and is
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`incorporated herein by reference as if set forth in full herein.
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`94.
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`Unless the requested Temporary Restraining Order and Preliminary Injunction are
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`granted, Plaintiff will suffer great immediate and irreparable injury which cannot be compensated
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`by damages. Plaintiff has no recourse or mechanism for disengagement from the Defendant or any
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`plan for the reclamation of her assets and investments from them without this cause of action and
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`a TRO and preliminary injunction. If Defendants are left with unfettered control and they are
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`allowed to dissipate the assets during this lawsuits pendency, Plaintiff will never get her money back.
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`95.
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`Defendant will not suffer any appreciable injury if the Temporary Restraining Order
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`and Preliminary Injunction are granted because they can continue to conduct business and live in the
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`house during the pendency of this action. Preserving the equity in the assets during the pendency
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`of the litigation with a receiver is far more valuable then letting the equity dissipate and then make
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`Plaintiff have to try to reclaim it if Plaintiff is successful.
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`96.
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`97.
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`Defendants wrongful conduct is actionable and Plaintiff's right is clear.
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`Plaintiff is likely to succeed on the merits of its claims because the money she
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`invested is clearly hers and it can be secured mostly by real estate which this injunction can protect.
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`98.
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`99.
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`Plaintiff has no adequate remedy at law.
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`Plaintiff requests that the Court dispense with Bond requirements.
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`WHEREFORE the Plaintiff respectfully requests that this Court
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`1.
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`Appoint a temporary receiver over the income of MNMASONE, Inc., to pay its
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`obligations in the regular course of business and preserve the accounts receivable and assets of
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`MNMASONE, Inc., which includes a piece of residential real estate and a masonry business and
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`assets of that business. This includes, without limitation (I) all accounts, accounts receivable, gross
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`sums, real estate, equipment and other proceeds or revenues of whatever nature or description; and
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`(ii) the contents of a certain bank account located at TD Bank located on Merrick Road in
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`Massapequa, under the account name Michael Masone or Masone Masonry or MNMASONE, Inc.,
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`or any other iteration or through an agent in which account monies from the income of the business
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`is utilized and distributed.
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`2.
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`Appoint a temporary receiver over the property located at 182a East Shore Drive,
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`Massapequa, NY 11758 manage, control, care for, preserve, maintain, and incur the expenses
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`necessary for the management, control, care, preservation, and maintenance of, the property, and,
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`specifically, to collect the rents, issues, and profits from same, to pay any taxes or assessments falling
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`due during the period of receivership, and to otherwise employ labor as may be necessary, and
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`purchase supplies, and incur the risks and obligations ordinarily incurred by owners, managers, and
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`operators of similar businesses
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`3.
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`Issue a temporary restraining order restraining the Defendants, its agents, servants,
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`employees, attorneys, and other persons acting by, through, under, or in concert with defendants,
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`from taking any lines of credit against MNMASONE, Inc., or from taking any actions which would
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`deplete the value of MNMASONE, Inc., or encumbering it, until further court order and
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`4.
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`Issue a temporary restraining order restraining the Defendants from encumbering,
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`selling, refinancing, hypothecating, transferring, or selling the property located at 182a East Shore
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`Drive, Massapequa, NY 11758.
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`5.
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`Issue a preliminary injunction restraining the Defendants, its agents, servants,
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`employees, attorneys, and other persons acting by, through, under, or in concert with defendant, from
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`taking any lines of credit against MNMASONE, Inc., or from any depleting the value of
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`MNMASONE, Inc., or encumbering it until further court order.
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`FILED: NASSAU COUNTY CLERK 01/14/2019 04:38 PM
`FILED: NASSAU COUNTY CLERK 01 m 2 01 9 04:38 P
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`NYSCEF DOC. NO.
`5
`NYSCEF DOC. NO. 5
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`600306/2019
`INDEX NO. 600306/2019
`INDEX NO-
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`RfiCfiIVfiD VYSCEF:
`01/14/2019
`RECEIVED NYSCEF: 01/14/2019
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`
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`6.
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`Issue a Preliminary Injunction, restraining the Defendants from encumbering, selling,
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`refinancing, hypothecating, transferring, or selling the property located at 182a East Shore Drive,
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`Massapequa, NY 11758, and
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`7.
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`Attorneys fees and costs in this action and all other relief deemed just and proper by
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`this court.
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` Dated: January 14, 2019
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`Nikki Torretta
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`Sworn to before me this
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`14‘11 day ofJanu e f »
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