Preview
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
E= 21Y F
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
A " Allegaert Berger & Vogel LLP ATTORHEYS
adwa 2
David A. Shaiman
Direct: 212.616.7051
212.571.0550
dshaiman@abv.com
212.571.0555 Fax
1199 Route 22 East
Mountainside, flew Jersey 07092
908.228.8500
908.228.8515 Fax
15 Horth Main Street, Suite 100
September 13, 2023 y s
860.650.1901 Fax
www.ABV.com
BY HAND
Mr. Edward Ostad
155 West 18th Street, Apt 301
New York, New York 10011
Shaun Moamem v. Steven Ostad,
(Supreme Court, Nassau County, Index No. 613457/2023)
Dear Mr. Ostad:
We represent Judgment Creditor Shaun Moamem on whose behalf a Judgment
has been entered in the above-referenced action against Steven Ostad. A copy of the Judgment is
enclosed for your reference.
Enclosed please find a prepaid envelope and two copies of the following: (1)
Subpoena (Duces Tecum) to Take Deposition of Edward Ostad with Restraining Notice; (2)
Information Subpoena; (3) Questions and Answers in connection with the Information
Subpoena; (4) Notice to Judgment Debtor or Obligor; (5) Copy of the Judgment; and (6) Check
for Witness Fee.
Also enclosed are documents for service to a number of entities of which we
understand you are a member, which may have information relevant to our efforts to collect the
Judgment. A list of the entities, and the documents enclosed, are listed in the below chart:
Entity Name Documents Enclosed for Service
1. 3694 Broadway Associates LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
A " Allegaert Berger & Vogel LLP
Mr. Edward Ostad
September 13, 2023
Page 2
2. 150-160 Vermilyea Associates a prepaid envelope and two copies of the
LLC following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
3. 629-33 West 135 Street LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
4. 630-636 West 136 Street LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
5. West 151 Street Associates LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
6. Third Avenue Bronx Holdings a prepaid envelope and two copies of the
LLC following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
7. Nelson Bronx Holdings LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
" Allegaert Berger & Vogel LLP
Mr. Edward Ostad
September 13, 2023
Page 3
8. Thompson Assets LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
9. Elizabeth Assets LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
10. Elizabeth Tristar Assets LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
11. First Avenue Assets, LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
12. Columbus Assets LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
13. 2085 Lexington LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Oblifor.
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
A " Allegaert Berger & Vogel LLP
Mr. Edward Ostad
September 13, 2023
Page 4
14. Queens Boulevard Equities LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
15. Steve QB LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and Notice to Judgement Debtor or Obligor.
(5)
I6. RT 4702 QB LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor.
17. 67 Pelletreau LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor
18. 172 MP Road, LLC a prepaid envelope and two copies of the
following: (1) Copy of the Judgment; (2)
Subpoena (Duces Tecum) to Witness with
Restraining Notice; (3) Information Subpoena; (4)
Questions and Answers in connection with the
Information Subpoena; (4) Check for Witness Fee;
and (5) Notice to Judgement Debtor or Obligor
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
Allegaert Berger & Vogel LLP
Mr. Edward Ostad
September 13, 2023
Page 5
Thank you for your attention to this matter.
Sincerely,
David A. Shaiman
Enclosures
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
. " T m a-.soiv.....at. 6,.mZ..r .nus.ne. p,.±,s.seas.ne moresacu i.cono eisys stumbergçIcelsior. inc.. pumusnu, Nye :00:a
l awPteW s wahRESTRAINING NOTICE.
Enk,rcemnu
of MoneyJudgsnent. Court.12.95
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index No. 613457/2023
SHAUN MOAMEM
SUBPOENA
against (Duces
Tecum)
To Take Deposition
m: STEVEN OSTAD of Miness
fE
Defendant with Restra ng Notice
THE PMPLE OFTHESTATEOFNEWYORK: TO EDWARD OSTAD
wimess, GREETING:
Address:
155 West 18th Street, Apt 301, New York, NY I00I I
WHEREAS, in an action in The Supreme Court of New York State
the County of NASSAU between
Shaun Moamem
as plaintif s) and
Steven Ostad
who are all the parties named in said action, a judgment was entered on August 22, 2023 in favor of
Shaun Moamem judgment creditor and against
Steven Ostad judgment debtor
in the amount of$ 809,500.87 of which $809,500.87 together with interest thereon
w from August 22, 2023 remains due and unpaid;
and WHEREAS, the wimess; resides; is regularly
employed; has an office for the regular transaction
of business in person; in New York county.
WE COMMAND YOU to appear and attend before
David A. I er or David A, Shaiman
at Allegaert Berger & Vogel LLP, 1 11 Broadway 20th Floor, Ne$YÆ_k, 1 I0006
on October I7, 2023 at 10:00 A M. and ath cessed or adjourned date for the taking of a deposition
under oath upon oral or written questions on all matters relevah{to h isfaction of such judgment;
AND WE FURTHER COMMAND YOU to produce for I tion at such time and place the following books, papers
in your possession, custody, or controQhat are tephon lve to ma tters listed on the attached Schedule A.
and records:
and all other books, papers and records in your possession or control khich have or may contain information concerning the
property, income or other means of the judgment debtor relevant to thW satisfaction of the judgment;
TAKE NOTICE that false swearing or failure to cornply willÎtliis ubpoena is punishable as a contempt of court.
RESTRAINING NOTICE: it appears that yo owe deÛt- 4 the judgment debtor or are in possession or in
WHEREAS, custody of
property in which the judgmentdebtor has an interest; .
TAKE NOT ICE that pursuant to CPLR Sec. 5222(b), which Is set forth infull herein, you are hereby forbidden to make or sufer
any sale, assignment or transfer of or any interference with, any s rch rogyrty or pay over, or otherwise dispose of any such debt
except as therem provided.
TAKE FURTHER NOTICE that this notice also covers all property in which the judgment debtor has an interest hereq er
coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtor.
Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to rnals
or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except upon direction of the sheriff or pursuantto
W an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligoris
effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possessionor custody of property in which
he or she knows or has reason to believe the judgment debtor or obhgor has an interest, or if the judgment creditor or support collection unit has statedin the
notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified
propesty in the possessionor custody of the person served. All propesty in which the judgment debtor or obligor is known or believed to have an interest thee
m and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any
specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be sub ect to the notice. Such a person is forbiddeo to mals
or suffer any sale, assignmentor transfer of, or any interference with, any such property, or pay over or erwise dispose of any such debt to any person other
than the sheriff or the support collection unit, except upon trection of the sheriff or pursuant to an order of the court, until the expiration of one year aftet the
notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection
unit which has specified personal or debt in a restraining notice shall be liable to the owner of the ropesty or the penon to whom the debt is owed,
if other than the judgment debtor or o ligor, for any damagessustained by reason of the restraint, If a served with a restraining notice withhokls the
payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the resmaining
notice is not effective as to other property or money.
TAKE NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court.
Attorney(s)for Judgment Creditor: Dav A. Berger & David A. Shaiman
** Office and Post Opice Address: Allegaert Berger & Vogel LLP, I 1 1 Broadway 20th Floor, New York, NY 10006
* Spaceprovidedif debior pro
pertyis to bespecined.Annexscheduleif rlecessary.
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
WTrNESS, HonoraNe one of the justices of our said court,
at the court house in the County of on
Thenamesigned
mustbeprinledbeanst . . ..... .. . . . . . . .. .. . .
Attorney(s) for Judgment Creditor: David A. Berger & David A. Shaiman
Ojice and Post Off ice Address: Allegaert Berger & Vogel I I I Broadway20th New York, NY 10006
LLP, Floor,
AFFIDA VIT OF SERVICE
STATE0FNEWYOilK,COUNTYOF SS: Theundasigned, being duly swom, deposes and says; deponent is not a
party herein, is over 18 years of age and resides at
That on at M., at
deponent served the within subpoena on witness therein named,
memoon by delivering a true copy of each to said witness personally; deponent knew the person so served to be the witness described
i. O in the subpoena.
sonmenansu a corporation, by delivering the:eat a true copy of each to
e. O personally, deponent knew sai d corporation so served to be the corporate witness and knew said individual
to be thereof.
surnsisamereason by delivering thereat a true copy of each to a person of suitable age
a. O and discretion. Said premises is witness'-actual place of business-dwelling place-usual place of abode-within the state.
mansmease.ne. by affixing a true copy of toch to the door of said premises, which is witness*-actual place of business-dwelling place-usual
a. O place of abode-within the state. Deponent was unable, with due diligence to find witness or a person of suitable age and discretion
thereat, having called there
Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to
unswomsese witness'
witness at last known residence, at and deposited
m.0 said envelope in an officialdepository under the exclusive care and custody of the U.S. Postal Service within New York State.
auamon Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly
witness'
usE eR4 addiessed to witness at actual place of business, at
in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State.
Confidential"
The envelope bore the legend "Personal and and did not indicate on the outside thereof, by return address
or otherwise, that the communication was from an attorney or concerned an action against the witness.
ouaurns" O White Skin 5'
O Male O Black Hair O White Hair O 14-20 Yrs. O Under O Under 100 Lbs.
5'O"-5'3"
O Female O Black Skin O Brown Hair O Balding O 21-35 Yrs. O O 100-130 Lbs.
5'4"-5'8"
O O Yellow Skin O Blonde Hair O Mustache O 36-50 Yrs. O O 131-160 Lbs.
5'9"-6'0"
O Brown Skin O Gray Hair O Beard O 51-65 Yrs. O O 161-200 Lbs.
6'
O Red Skin O Red Hair O Glasses O Over 65 Yrs. O Over O Over 2001As.
Other identifying features:
A the time of said service, deponent paid (tendered) in advance $ the authorized traveling expenses and one day's witness fee.
Sworn to before me on 9rint ammemoneman
sometme.....................................................................................................
UCENSE NO. ........................................
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024
SCHEDULE A
1. All documents setting forth any interest Steven Ostad has, or had, from January 1, 2021,
in any of the following entities:
a. Tristar Management Associates LLC;
b. FlatIron Realty Capital LLC;
c. Empire City Realty NY LLC;
d. Soso Equities LLC;
11th
e. 36 West Street BH, LLC;
f. Bagatelle Builders LLC;
g. Stone Arch Capital LLC;
h. 3694 Broadway Associates LLC;
i. 150-160 Vermilyea Associates LLC;
j. 629-33 West 135 Street LLC;
k. 630-636 West 136 Street LLC;
l. West 151 Street Associates LLC;
m. Third Avenue Bronx Holdings LLC;
n. Nelson Bronx Holdings LLC;
0. Thompson Assets LLC;
p. Elizabeth Assets LLC;
q. Elizabeth Tristar Assets LLC;
r. First Avenue Assets, LLC;
s. Columbus Assets LLC;
t. 2085 Lexington LLC;
u. Queens Boulevard Equities
Preview
FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 E= 21Y F FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 A " Allegaert Berger & Vogel LLP ATTORHEYS adwa 2 David A. Shaiman Direct: 212.616.7051 212.571.0550 dshaiman@abv.com 212.571.0555 Fax 1199 Route 22 East Mountainside, flew Jersey 07092 908.228.8500 908.228.8515 Fax 15 Horth Main Street, Suite 100 September 13, 2023 y s 860.650.1901 Fax www.ABV.com BY HAND Mr. Edward Ostad 155 West 18th Street, Apt 301 New York, New York 10011 Shaun Moamem v. Steven Ostad, (Supreme Court, Nassau County, Index No. 613457/2023) Dear Mr. Ostad: We represent Judgment Creditor Shaun Moamem on whose behalf a Judgment has been entered in the above-referenced action against Steven Ostad. A copy of the Judgment is enclosed for your reference. Enclosed please find a prepaid envelope and two copies of the following: (1) Subpoena (Duces Tecum) to Take Deposition of Edward Ostad with Restraining Notice; (2) Information Subpoena; (3) Questions and Answers in connection with the Information Subpoena; (4) Notice to Judgment Debtor or Obligor; (5) Copy of the Judgment; and (6) Check for Witness Fee. Also enclosed are documents for service to a number of entities of which we understand you are a member, which may have information relevant to our efforts to collect the Judgment. A list of the entities, and the documents enclosed, are listed in the below chart: Entity Name Documents Enclosed for Service 1. 3694 Broadway Associates LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 A " Allegaert Berger & Vogel LLP Mr. Edward Ostad September 13, 2023 Page 2 2. 150-160 Vermilyea Associates a prepaid envelope and two copies of the LLC following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 3. 629-33 West 135 Street LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 4. 630-636 West 136 Street LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 5. West 151 Street Associates LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 6. Third Avenue Bronx Holdings a prepaid envelope and two copies of the LLC following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 7. Nelson Bronx Holdings LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 " Allegaert Berger & Vogel LLP Mr. Edward Ostad September 13, 2023 Page 3 8. Thompson Assets LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 9. Elizabeth Assets LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 10. Elizabeth Tristar Assets LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 11. First Avenue Assets, LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 12. Columbus Assets LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 13. 2085 Lexington LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Oblifor. FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 A " Allegaert Berger & Vogel LLP Mr. Edward Ostad September 13, 2023 Page 4 14. Queens Boulevard Equities LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 15. Steve QB LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and Notice to Judgement Debtor or Obligor. (5) I6. RT 4702 QB LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor. 17. 67 Pelletreau LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor 18. 172 MP Road, LLC a prepaid envelope and two copies of the following: (1) Copy of the Judgment; (2) Subpoena (Duces Tecum) to Witness with Restraining Notice; (3) Information Subpoena; (4) Questions and Answers in connection with the Information Subpoena; (4) Check for Witness Fee; and (5) Notice to Judgement Debtor or Obligor FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 Allegaert Berger & Vogel LLP Mr. Edward Ostad September 13, 2023 Page 5 Thank you for your attention to this matter. Sincerely, David A. Shaiman Enclosures FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 . " T m a-.soiv.....at. 6,.mZ..r .nus.ne. p,.±,s.seas.ne moresacu i.cono eisys stumbergçIcelsior. inc.. pumusnu, Nye :00:a l awPteW s wahRESTRAINING NOTICE. Enk,rcemnu of MoneyJudgsnent. Court.12.95 Bla,,le WWWt)|IJMt>ergCam a o index No. 613457/2023 SHAUN MOAMEM SUBPOENA against (Duces Tecum) To Take Deposition m: STEVEN OSTAD of Miness fE Defendant with Restra ng Notice THE PMPLE OFTHESTATEOFNEWYORK: TO EDWARD OSTAD wimess, GREETING: Address: 155 West 18th Street, Apt 301, New York, NY I00I I WHEREAS, in an action in The Supreme Court of New York State the County of NASSAU between Shaun Moamem as plaintif s) and Steven Ostad who are all the parties named in said action, a judgment was entered on August 22, 2023 in favor of Shaun Moamem judgment creditor and against Steven Ostad judgment debtor in the amount of$ 809,500.87 of which $809,500.87 together with interest thereon w from August 22, 2023 remains due and unpaid; and WHEREAS, the wimess; resides; is regularly employed; has an office for the regular transaction of business in person; in New York county. WE COMMAND YOU to appear and attend before David A. I er or David A, Shaiman at Allegaert Berger & Vogel LLP, 1 11 Broadway 20th Floor, Ne$YÆ_k, 1 I0006 on October I7, 2023 at 10:00 A M. and ath cessed or adjourned date for the taking of a deposition under oath upon oral or written questions on all matters relevah{to h isfaction of such judgment; AND WE FURTHER COMMAND YOU to produce for I tion at such time and place the following books, papers in your possession, custody, or controQhat are tephon lve to ma tters listed on the attached Schedule A. and records: and all other books, papers and records in your possession or control khich have or may contain information concerning the property, income or other means of the judgment debtor relevant to thW satisfaction of the judgment; TAKE NOTICE that false swearing or failure to cornply willÎtliis ubpoena is punishable as a contempt of court. RESTRAINING NOTICE: it appears that yo owe deÛt- 4 the judgment debtor or are in possession or in WHEREAS, custody of property in which the judgmentdebtor has an interest; . TAKE NOT ICE that pursuant to CPLR Sec. 5222(b), which Is set forth infull herein, you are hereby forbidden to make or sufer any sale, assignment or transfer of or any interference with, any s rch rogyrty or pay over, or otherwise dispose of any such debt except as therem provided. TAKE FURTHER NOTICE that this notice also covers all property in which the judgment debtor has an interest hereq er coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtor. Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to rnals or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except upon direction of the sheriff or pursuantto W an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligoris effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possessionor custody of property in which he or she knows or has reason to believe the judgment debtor or obhgor has an interest, or if the judgment creditor or support collection unit has statedin the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified propesty in the possessionor custody of the person served. All propesty in which the judgment debtor or obligor is known or believed to have an interest thee m and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be sub ect to the notice. Such a person is forbiddeo to mals or suffer any sale, assignmentor transfer of, or any interference with, any such property, or pay over or erwise dispose of any such debt to any person other than the sheriff or the support collection unit, except upon trection of the sheriff or pursuant to an order of the court, until the expiration of one year aftet the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal or debt in a restraining notice shall be liable to the owner of the ropesty or the penon to whom the debt is owed, if other than the judgment debtor or o ligor, for any damagessustained by reason of the restraint, If a served with a restraining notice withhokls the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the resmaining notice is not effective as to other property or money. TAKE NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court. Attorney(s)for Judgment Creditor: Dav A. Berger & David A. Shaiman ** Office and Post Opice Address: Allegaert Berger & Vogel LLP, I 1 1 Broadway 20th Floor, New York, NY 10006 * Spaceprovidedif debior pro pertyis to bespecined.Annexscheduleif rlecessary. FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 WTrNESS, HonoraNe one of the justices of our said court, at the court house in the County of on Thenamesigned mustbeprinledbeanst . . ..... .. . . . . . . .. .. . . Attorney(s) for Judgment Creditor: David A. Berger & David A. Shaiman Ojice and Post Off ice Address: Allegaert Berger & Vogel I I I Broadway20th New York, NY 10006 LLP, Floor, AFFIDA VIT OF SERVICE STATE0FNEWYOilK,COUNTYOF SS: Theundasigned, being duly swom, deposes and says; deponent is not a party herein, is over 18 years of age and resides at That on at M., at deponent served the within subpoena on witness therein named, memoon by delivering a true copy of each to said witness personally; deponent knew the person so served to be the witness described i. O in the subpoena. sonmenansu a corporation, by delivering the:eat a true copy of each to e. O personally, deponent knew sai d corporation so served to be the corporate witness and knew said individual to be thereof. surnsisamereason by delivering thereat a true copy of each to a person of suitable age a. O and discretion. Said premises is witness'-actual place of business-dwelling place-usual place of abode-within the state. mansmease.ne. by affixing a true copy of toch to the door of said premises, which is witness*-actual place of business-dwelling place-usual a. O place of abode-within the state. Deponent was unable, with due diligence to find witness or a person of suitable age and discretion thereat, having called there Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to unswomsese witness' witness at last known residence, at and deposited m.0 said envelope in an officialdepository under the exclusive care and custody of the U.S. Postal Service within New York State. auamon Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly witness' usE eR4 addiessed to witness at actual place of business, at in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. Confidential" The envelope bore the legend "Personal and and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerned an action against the witness. ouaurns" O White Skin 5' O Male O Black Hair O White Hair O 14-20 Yrs. O Under O Under 100 Lbs. 5'O"-5'3" O Female O Black Skin O Brown Hair O Balding O 21-35 Yrs. O O 100-130 Lbs. 5'4"-5'8" O O Yellow Skin O Blonde Hair O Mustache O 36-50 Yrs. O O 131-160 Lbs. 5'9"-6'0" O Brown Skin O Gray Hair O Beard O 51-65 Yrs. O O 161-200 Lbs. 6' O Red Skin O Red Hair O Glasses O Over 65 Yrs. O Over O Over 2001As. Other identifying features: A the time of said service, deponent paid (tendered) in advance $ the authorized traveling expenses and one day's witness fee. Sworn to before me on 9rint ammemoneman sometme..................................................................................................... UCENSE NO. ........................................ FILED: NASSAU COUNTY CLERK 02/05/2024 07:59 PM INDEX NO. 602152/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/05/2024 SCHEDULE A 1. All documents setting forth any interest Steven Ostad has, or had, from January 1, 2021, in any of the following entities: a. Tristar Management Associates LLC; b. FlatIron Realty Capital LLC; c. Empire City Realty NY LLC; d. Soso Equities LLC; 11th e. 36 West Street BH, LLC; f. Bagatelle Builders LLC; g. Stone Arch Capital LLC; h. 3694 Broadway Associates LLC; i. 150-160 Vermilyea Associates LLC; j. 629-33 West 135 Street LLC; k. 630-636 West 136 Street LLC; l. West 151 Street Associates LLC; m. Third Avenue Bronx Holdings LLC; n. Nelson Bronx Holdings LLC; 0. Thompson Assets LLC; p. Elizabeth Assets LLC; q. Elizabeth Tristar Assets LLC; r. First Avenue Assets, LLC; s. Columbus Assets LLC; t. 2085 Lexington LLC; u. Queens Boulevard Equities