 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
TITLE
|
EXTRACTED KEY WORDS
SUMMONS COUNTY ATTORNEY PLAINTIFF DEFENDANT NATURE NOU COUNTY CLERK YORK COUNTY PURSUANT FEE APPLICANT TRANSACTION PETITIONER RESPONDENT IIJ SPECIAL PROCEEDING YESO PROVISIONAL REMEDY SOUGH |
46.3004R-lOOM89
COUNTY CLERK, NEW YORK COUNTY
INDEX NUMBER
Application for INDEX NUMBER pursuant
8018,
C.P.L.R.
I I
FEE $105.00
! Ii_
, : .*I
ii/ I
1 ;(,;J!
,, \ ,., .. --
Spaces below to be TVPED or PRINTED by applicant
i,,
I , "
TITLE OF ACTION OR PROCkEdi$G
CHECK ONE
q p&MER
TRANSACTION
.'
,: : r:. :- #`? , -, `X.
i
L- . `.' I, -t ,-
TRANSACTION
Name and address of i+~,,-,,,Ji \-L
.:I~:
Attorney for Plaintiff i, >-i /:-`P(,_`.:
`L{,\
or Petitioner. ,kT 7 < I
' - `j ,
Telephone No. y+ ,-, ; ;: `2,
SNIPPETS:
|
|
2
.
PLNTF MEMO OF LAW
|
EXTRACTED KEY WORDS
COOPERS LYBRAND EXECUTION FUNDS IOMMAZZO YORK JUDGEMENT COURT PETITIONER AFFIDAVIT EXEMPT PLAN RENDERING SUMS EARNINGS MARINO COMPENSATION ACCOUNTS COUNTY COUNSEL AMOUNT RESPONDENT DEBTOR HOLDING INCOME EXECUTION SHERIFF BANK BONUSES DELIVERY |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-:. - - - c - - - - - - - - - - - - - - -
X
c WOODBURY COMMON PARTNERS,
Petitioner,
- against -
COOPERS & LYBRAND,
Respondent.
- - - - - - I - - - - - - - - - - -
X
MEMORANDUM OF LAW ON BEHALF OF
PETITIONER, WOODBURY COMMON
PARTNERS, IN SUPPORT OF PETI-
TION.
HORWITZ, TOBACK &
Attorneys f o r
1114 Avenue of the
New York, New York
(212) 869-2300
ARTHUR M. TOBACK, ESQ.
Of Counsel.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - I
WOODBURY COMMON PARTNERS,
SNIPPETS:
|
|
3
.
ORDER TO SHOW CAUSE
|
EXTRACTED KEY WORDS
IOMMAZZO COOPERS COUNTY AMOUNT LYBRAND COMMON PARTNERS ROBERT PETITIONER JUDGEMENT QUALIFIED RETIREMENT WOODBURY COMMON PARTNERS TOBACK SWORN FIRM CPLR SUPREME COURT AFFIDAVIT PARTNERSHIP EXECUTION COMPENSATION JUDGMENT DEBTOR QUALIFIED RETIREMENT PLAN PERSONAL SERVICE SADDLE RIVER DULY SWORN HORWITZ ATTORNEYS SUPPORT PETITION |
, I
! I
$ 1
* j ;
-<
:/ j 3 3
J " ., -
11 firm's qualified retirement plan; and any and all amounts due
.,Robert
Iommazzo pursuant to agreement, payable over the next fo
;months in increments of $22;094; and it is further
ORDERED, that pending $he hearing of this Petition, t
',respondent
is restrained and enjoined from transferring to Robe
, I
belonging to or d
ORDERED, that sufficient cause having been shown, let servi
of a copy of this Order and the papers upon which it is grant
upon the respondent, Coopers & Lybrand, by personal service at 12
;,Avenue
of the Americas, New York, New York 10020, and upon Robe
, ! Iommazzo by certified or registered mail, return receipt request
I at 153 East Allendale Road, Saddle River, New Jersey 07458, on
j before the,?dlilf day of , 1990, be deemed sufficient servi
thereof. I
E N
2.
WOODBURY COMMON PARTNERS,
Petitioner:, AFFIDAVIT
SNIPPETS:
|
|
4
.
MEMO & DECISION
|
EXTRACTED KEY WORDS
PETITIONER RESPONDENT SHERIFF FUND ROBERT IOMAZZO EXECUTION JUDGEMENT COOPERS YORK COUNTY AFFIDAVITS LYBRAND COURT RESPONDENT CLAIMS FRANCIS PECORA EXHIBITS FOREGOING WOODBURY COMMON PARTNERS DIRECTING PAY BELONGING SUM RESTRAINING EXEMPT RETIREMENT PLAN INTERNAL REVENUE CODE PARTNER GROWTH FUND SEPARATE PARTNERSHIP |
PRESENT: Hon. FRANCIS N. PECORA Justice.
I I
lvlDTION DATE
MOTION SEq.
TRIAL CALm N
The following papers numbered 1 to read on this motion to
Notice of Motion/Order to Show Cause - Affidavits - Exhibits
Answering Affidavits - Exhibits
Replying Affidavits
Upon the foregoing papers it is ordered that this
Motion 1s Decided In Accordance VWth
7
WOODBURY COMMON PARTNERS,
Petitioner,
-against- Index No.'26134/90
COOPERS & LYBRAND,
Respondent.
FRANCIS N. PECORA, J.:
Petitioner, Woodbury Common Partners, moves f o r a judgment
directing respondent, Coopers & Lybrand, to pay over to the
SNIPPETS:
|
|
5
.
MARINO AFF
|
EXTRACTED KEY WORDS
PARTNERS LYBRAND IOMMAZZO EXECUTION COUNTY JUDGEMENT FUND JERSEY COURT SHERIFF AMOUNT MORRIS COUNTY IRONBOUND BANK WRIT YORK PETITIONER LEVY POOL PARAGRAPH THEREON WOODBURY COMMON PARTNERS DIRECTING AFFIDAVIT ROBERT IOMMAZZO EXEMPT SUPERIOR PLAN LAWS CLERK |
WOODBURY COMMON PARTNERS,
Petitioner, :
-against- : AFFIDAVIT IN RESPONSE
COOPERS &. LYBRAND, : Index No. 90/26134
Respondent. :
STATE OF N E W YORK ) : ss.:
COUNTY OF NEW YOFX )
KENNETH V. MARINO, being duly sworn, deposes and says:
1. I am the Director-Partnership Administration of
Coopers & Lybrand. I make this affidavit in response to the
petition and motion, by order to show cause entered herein on
November 2 8 , 1990, of Woodbury Common Partners, Petitioner in
the above-captioned special proceeding.
2. I make this affidavit in order to describe the
nature of the funds due to or belonging to Robert Iommazzo
("Mr. Iommazzo"), judgment debtor of Petitioner, which funds
Petitioner seeks herein to have turned over by Coopers &
Lybrand to the Sheriff of New York County. Plr. Iommazzo
withdrew as a partner of Coopers & Lybrand on September 24,
1990,
06251
2
3 . While Coopers SI Lybrand is only a
garnishee/stockholder, this affidavit is submitted in order to
enable the Court to make an appropriate determination (i) as to
the exempt or partially exempt nature of the property sought to
be levied upon herein, and (ii) as to competing claims to this
property by the Petitioner herein and Ironbound Bank a judgment
creditor of Mr. Iommazzo in New Jersey.
4 . On or about October 30, 1990, Coopers & Lybrand's
office at 1251 Avenue of the Americas, New York, New York was
served with an Execution with Notice to Garnishee by the
Sheriff of New York City in the action entitled Woodbury Common
SNIPPETS:
|
|
6
.
REPLY AFF
|
EXTRACTED KEY WORDS
COUNTY SHERIFF COURT JUDGEMENT COOPERS LYBRAND COMMON PARTNERS DEBTS EXECUTION WOODBURY COMMON PARTNERS JERSEY CREDITOR MOTION ROBERT IOMMAZZO CLERK LAW SUPREME IRONBOUND BANK PETITION PLAINTIFL DEBTOR PROCEEDING CERTIFICATE DELIVERY HYMAN CITY FUNDS GARNISHEE |
1
-1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
w------------------x
WOODBURY COMMON PARTNERS,
Petitioner, 'r
- against -
COOPERS & LYBRAND,
Respondent.
STATE OF NEW YORK ) : ss.:
COUNTY OF NEW YORK )
ARTHUR M. TOBACK, being duly sworn,
1. I am a member of the law firm of Horwitz,
back & Hyma
attorneys for Petitioner. I submit this
in furth
support of the Petition herein, as
and in response to the Affidavit of
Director
Partnership Administration, of Coopers &
2. The accompanying Memorandum
wh
inter alia, the relief requested
ted.
shows why there is no basis for Coopers
to object
turning over the $88,000, referred
tion.
also shows why much of the alleged
may not be exempt -- all monies added to the Plan since June, 198'
are not exempt pursuant to CPLR §5205(5).l
1 This firm was counsel to Woodbury Common
in th
Orange County action. The claim
SNIPPETS:
|
|
|
| | | |
|
|
