Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ayyash v. Koleilat

Supreme Court, New York County

October 22, 2012

Adnan Abu Ayyash, Plaintiff,
v.
Rana Abdul Rahim Koleilat, Defendant.

Plaintiff: Steven A. Cash.

Non-Parties Credit Agricole, HSBC, ING: Carmine D Borcuzzi CLEARY GOTTLIEB STEEN & HAMILTON LLP.

Non-Parties Banco Santander and Itaul Unibanco: Alison Welcher Shearman & Sterling, LLP Non-Party Credit Suisse Julie A North Cravath, Swaine & Moore LLP.

Non-Party Safra National Bank: Brian Polovoy Shearman & Sterling.

Non-Party UBS: Dianan Calhoun Campbell Miller Bressler, Amery & Ross, PC.

Non-Party Banco Do Brasil: Aaron William Tandy Gunster, Yoakley & Stewart, P.A.

ELLEN M. COIN, J.

This is a motion to compel compliance with information subpoenas and subpoenas duces tecum issued upon a Lebanese penal judgment, which has been filed with the County Clerk of New York County as a Maryland sister-state money judgment. [1] Plaintiff Adnan Abu Ayyash, a Lebanese native residing in the Kingdom of Saudi Arabia, obtained the judgment in 2005 in a lawsuit against defendant-judgment debtor Rana Abdul Rahim Koleilat for massive fraud in the aftermath of the collapse of a Lebanese bank owned by plaintiff Ayyash (Affirmation of Steven A. Cash, Esq. dated June 7, 2012, paras. 10, 25, 27-28; Exh. 1-D thereto). After being incarcerated in Lebanon, Koleilat fled, ultimately to Brazil, where she now allegedly resides (Cash Aff., paras. 11, 29-37).

On the heels of entry of the judgment in this Court, plaintiff's counsel served information subpoenas, subpoenas duces tecum and restraining notices upon certain New York branches and certain subsidiaries of financial institutions. Significantly, each information subpoena contained the follow certification, signed by counsel for Ayyash: "I HEREBY CERTIFY that this information subpoena complies with Rule 5224 of the Civil Practice Law and Rules and Section 601 of the General Business Law that I have a reasonable belief that the party receiving this subpoena has in their possession information about the debtor that will assist the creditor in collecting the judgment."

Plaintiff now moves by Order to Show Cause to compel certain of those non-party financial institutions to respond to his counsel's information subpoenas and subpoenas duces tecum, to comply with the restraining notices and to pay a statutory penalty plus his attorney's fees.

THE NON-PARTY FINANCIAL INSTITUTIONS [2]

Plaintiff's counsel issued his information subpoenas, subpoenas duces tecum and restraining notices to the following entities:

Banco Do Brazil, F.A.[sic]
Banco Santander, S.A.
Credit Agricole, S.A. [3]
Credit Suisse, USA, Inc.
Credit Suisse Group, A.G.
HSBC Bank USA, N.A. [4]
Itau Unibanco, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.