Justice Supreme Court The following papers numbered 1 to Noticed on A .ri128 2017 and dul Read on this motion,QNTEMPT 0F COURT submitted as No. on the Motion Calendar of

Dated: Answering Affidavit and Exhibits Replying Affidavit and Exhibits

Affidavits and Exhibits Pleadings - Exhibit Stipulation(s) - Referee's Report - Minutes Filed Papers Memoranda of Law Upon the foregoing papers this petition for an order finding respondent Thomas Gallegos in contempt for failing to appear pursuant to a subpoena duces tecum is denied, in as much as there is no affidavit of service e-filed or submitted with the petition indicating that respondent Gallegos was served in this proceeding.

Petitioner shall serve a copy of this order with notice of entry by first class mail upon the respondent within 60 days of receipt of same.

This constitutes the order of this court.

FILED: BRONX COUNTY CLERK 04m2017 04:54 PM

PLEASE TAKE NOTICE that upon the annexed affirmation and petition of Amish R. Doshi, Esq, dated April 5, 2017, with exhibits annexed thereto, and upon all of the pleadings and proceedings heretofore had herein, petitioner Merchant Cash & Capital, LLC (“MCC”) will move before the Centralized Motion Part of the Supreme Court of Bronx County at the Courthouse located at 851 Grand Concourse, Bronx, NY 10451, at 9:30 AM on April 28, 2017 or as soon thereafter as counsel can be heard, for an order finding Thomas Gallegos in contempt for failing to appear at Veritext Legal Solution, 89- 00 Sutphin Blvd, Jamaica, NY 11495 on August 23, 2017 at 11:00 AM, pursuant to the Subpoena Duces Tecum duly served upon him, for the taking of a deposition under oath upon oral or written questions on all matters relevant to the satisfaction of the judgment entered against him and to produce for examination at said time and place, certain books, records and other documents as set forth in the Subpoena Duces Tecum; and

RaCaIVaD VYSCEF: 04/10/2017 awarding to MCC such other and further relief which as to this Court seems just, proper including the attorneys’ fees and costs incurred in the making of this motion.

PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §403(b), all answering papers shall be served on the undersigned not less than seven (7) days prior to the return date of this motion.

Dated: Huntington, New York April 5, 2017 By MAGNOZZI & KYE, LLP W Attorneys for Plaintiff M if?

PLEASE TAKE NOTICE that upon the annexed affirmation and petition of Amish R. Doshi, Esq,, dated April 5, 2017, with exhibits annexed thereto, and upon alt of the pleadings and proceedings heretofore had herein, petitioner Merchant Cash & Capital, LLC (“MCC”) will move before the Centralized Motion Part of the Supreme Court of Bronx County at the Courthouse located at 851 Grand Concourse, Bronx, NY 10451, at 9:30 AM on May 24, 2017 or as soon thereafter as counsel can be heard, for an order finding Thomas Gallegos in contempt for failing to appear, pursuant to the Subpoena Duces Tecum duly served upon him, for the taking of a deposition under oath upon oral or written questions on all matters relevant to the satisfaction of the judgment entered against him and to produce for examination at said time and place, certain books, records and other documents as set forth in the Subpoena Duces Tecum; and awarding to MCC such other and further relief which as to this Court seems just, proper including the attorneys’ fees and costs incurred in the making of this motion.

FILED: BRONX COUNTY CLERK 04m2017 12:21 PM

RaCaIVaD VYSCEF: 04/26/2017 awarding to MCC such other and further relief which as to this Court seems just, proper including the attorneys’ fees and costs incurred in the making of this motion.

PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §403(b), all answering papers shall be served on the undersigned not less than seven (7) days prior to the return date of this motion.

Dated: Huntington, New York April 26, 2017 By: uwwmww, (f!

43 Bronx, NY 10469-6500 WHEREAS, in an action in the Supreme Court of the State of New York, County of Nassau, between Merchant Cash & Capitai, LLC, as plaintiff and Albatross Restaurant Corp. d/b/a Paprika and Thomas Gallegos, as defendants, who are parties named in said action, a judgment was entered on May 5, 2016 in favor of Merchant Cash & Capital, LLC, judgment creditor and against Thomas Gallegos as judgment debtor, in the amount of $47,436.19 of which $47,436.19 remains due and unpaid; WHEREAS, the judgment debtor resides in Bronx County; NOW, THEREFORE, WE COMMAND YOU to appear and attend before a notary public, at Veritext Legal Solutions, 89-00 Sutphin Boulevard, Jamaica, NY 11495 on August 23, 2016 at 11:00 am. and-at any recessed or adjourned date for the taking of a deposition under oath upon oral or written.

SEE EXHIBIT “A” annexed hereto Dated: Huntington, New York July 19, 2016 MAGNOZZI & KYE, LLP Attorneys for Plainti By: /

All documents and writings reievant to any assets the judgment debtor Thomas Gallegos (hereinafter referred to as the “Debtor”) may control, own or have any interest in, including, but not limited to:

Copies of any bank statements for any bank accounts for the period January 1, 2014 to present into which accounts any assets, income or other monies received by the Debtor were deposited, or on which the Debtor’s name appears; or on which the Debtor has signature authority, fund and mutual accounts, money market Copies of brokerage statements, stock certificates (including any shares for real estate cooperatives), bonds, notes, insurance policies, deeds or any statements or documents reflecting Debtor’s control, ownership or interest in any financial security, precious metal, commodity or option to purchase or sell any, of the above.

weight _ Other Features the authorizing traveling expenses and one day's witness fee was paid (tendered) to the recipient.

I am AN Of Counsel to the firm of Magnozzi & Kye, LLP, attorneys for Petitioner, Merchant Cash & Capital, LLC (“MCC”) and am fully familiar with the facts and circumstances of the instant action‘

I submit this affirmation and petition in support of MCC’s motion seeking an order holding Thomas Gallegos (“Defendant”) in contempt, for his failure to comply with the Subpoena Duces Tecum (the “Subpoena”) duly served upon him, which Subpoena directed Thomas Gallegos to appear at Veritext Legal Solutions, 89—00 Sutphin Boulevard, Jamaica, NY 11495 at 11:00 AM on August 23, 206 and testify as to ali matters relevant to the satisfaction of the judgment entered against Thomas Gallegos.

On May 5, 2016, a judgment was entered in the Supreme Court of the State of New York, County of Nassau against Thomas Gallegos and Albatross

A Subpoena to take the deposition of Thomas Gallegos was duly served upon him by "nail and mail” service at his residence, when the process server after due diligence could not personally serve Mr. Gallegos or a person of suitable age and discretion.

The Subpoena required Mr. Gallegos to appear on August 23, 2016 at 11:00 am. at Veritext Legal Solutions, for the taking of his deposition on the judgment under oath upon oral or written questions on all matters relevant to the satisfaction of the judgment hereinabove referred to, and to produce for examination at said time and place certain books, records and other documents set forth in the Subpoena.

This is Amish Doshi with Magnozzi and Kye on behalf of Merchant Cash and Capital, LLC.

We are here for a proposed deposition of Thomas Gallegos which was pursuant to a subpoena duces tecum dated July 19, 2016 which was scheduled for a judgment debtor examination today at the offices of Veritext in 89—00 Sutphin Boulevard, Jamaica, New York, Suite 103.

No one has appeared for the deposition nor have we received any message or contact from the judgment debtor.

Page 4 I, Maryann Laub, a Notary Public for and within the State of New York, do hereby

I further certify that I am not related to any of the parties to this action by blood or marriage, and that I am in no way interested in the outcome of this matter.

Cm {he appiication of Plaintiff, Mercham Cash & Capital, LLC, seekingjudgment against the Defendants, and upon the Order and Decissien of the Hon.

Roy S. Mahon, 3.83., granting judgment in fax/0i" 0f Piaintiff and against the Defendants dated April 2?, 2016, it is:

(E *eSé-mem ADJUDGED that {ha Piaimiffi Marshal}: Cash 6’: {lapfiaig LLC, msifiing at 460 Park Avenue Sauth, 13m F3001”, New Yerkg Haw Yak?

£0036, haw jmigmem against ALBATRGSS RESTAURANT CORP. D/B/‘A PAPRIKA, residing at 110 St. Marks Piazza; Brookiyn, New York, 18009, and THOMAS GALLEGOS, rcsifiing at 344} Fish Ave, Bronx, New

amount of $ C35) i _, for a total of $9 1’, ‘7' “{é’f , pins post—Judgmant mteresi thereon at New York’g statuaory rate from the date (31“ {his judgment And Eiaimiff shat}?