On December 02, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Waleed T Haram,
and
Khaled T Haram,
for Commercial - Contract
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 05/12/2017 01:40 PM INDEX NO. 656301/2016
NYSCER ) RECEIVED NYSCEF: 06/20/2017
SPA REWMEOURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
WALEEDT.HARAM, = ===sS~=~=<“~=S~s~sSs~S Index #; 656301/2016
Plaintiff,
AFFIRMATION IN
ORDER TO SHOW
CAUSE TO COMPEL
-against-
KHALED T. HARAM
Defendant.
The Plaintiff, Waleed T. Haram, by his attorney, Haram V. Haram, moves pursuant to
CPLR 3124 for an Order compelling the Defendants, Khaled T. Haram, to promptly
produce all outstanding discovery. and as grounds states as follows:
1. That complaint was filed on December 2, 2016 and served on the defendant on
December 7, 2016. A preliminary conference is scheduled for June 28, 2017.
2. Since December of 2016, my office has made a numerous attempts to obtain the
relief sought herein from the defendant's counsel. Despite numerous phone calls,
email, and in person meeting with the defendant's counsel there has been a
complete lack of corporation with regard to the plaintiff's request.
3. This matter pertains to a property owned jointly by the parties which will be
subject to distribution or other remedy. See attached here as Exhibit A mortgage
documents indicating joint ownership by the parties.
4. Currently, the property is rented to tenants and the defendant collects 100% of
the rental income. This rental income is subject of the dispute and should be
placed in escrow until further order of this court.
5. Defendant has refused the placement of the rental income into escrow and since
December of 2016, the defendant has continued to collect and keep 100% of the
rental incomes jointly entitled equally to the parties
6. Further, access to the property is held jointly by the parties ;however, after
changing the locks defendant has consistently refused to provide a set of keys to
the plaintiff's counsel.
7. Defendant has also refused to provide the tenants contact info for purposes of
scheduling an appraisal of the property. ,
8. Plaintiff requests that this court issue an order for the rental income of the
property in question located at 321 east 71” apt SG, New York, New York 10021
1 of 2(FILED: NEW YORK COUNTY CLERK 0571272017 01:40 PM INDEX NO. 656301/2016
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2017
be placed in the escrow account held by the plaintiffs counsel effective
immediately and the rental income from December 2016 to present be placed in
escrow as well.
9. Plaintiff request of the court order the defendant to provide tenants full contact
information and keys to the property immediately.
WHEREFORE, the plaintiff moves for an Order compelling the Defendants to produce
the Keys to access the apartment, the tenants contact information and the rental payment
to be held in plaintiff's counsel escrow account until further order of this court.
Date: June 19, 2017
Respectfully submitted,
DA Ze
Law Office of Dalia Zaza
2 of 2
Document Filed Date
May 12, 2017
Case Filing Date
December 02, 2016
Category
Commercial - Contract
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(FILED: NEW YORK COUNTY CLERK 05/12/2017 01:40 PM INDEX NO. 656301/2016 NYSCER ) RECEIVED NYSCEF: 06/20/2017 SPA REWMEOURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WALEEDT.HARAM, = ===sS~=~=<“~=S~s~sSs~S Index #; 656301/2016 Plaintiff, AFFIRMATION IN ORDER TO SHOW CAUSE TO COMPEL -against- KHALED T. HARAM Defendant. The Plaintiff, Waleed T. Haram, by his attorney, Haram V. Haram, moves pursuant to CPLR 3124 for an Order compelling the Defendants, Khaled T. Haram, to promptly produce all outstanding discovery. and as grounds states as follows: 1. That complaint was filed on December 2, 2016 and served on the defendant on December 7, 2016. A preliminary conference is scheduled for June 28, 2017. 2. Since December of 2016, my office has made a numerous attempts to obtain the relief sought herein from the defendant's counsel. Despite numerous phone calls, email, and in person meeting with the defendant's counsel there has been a complete lack of corporation with regard to the plaintiff's request. 3. This matter pertains to a property owned jointly by the parties which will be subject to distribution or other remedy. See attached here as Exhibit A mortgage documents indicating joint ownership by the parties. 4. Currently, the property is rented to tenants and the defendant collects 100% of the rental income. This rental income is subject of the dispute and should be placed in escrow until further order of this court. 5. Defendant has refused the placement of the rental income into escrow and since December of 2016, the defendant has continued to collect and keep 100% of the rental incomes jointly entitled equally to the parties 6. Further, access to the property is held jointly by the parties ;however, after changing the locks defendant has consistently refused to provide a set of keys to the plaintiff's counsel. 7. Defendant has also refused to provide the tenants contact info for purposes of scheduling an appraisal of the property. , 8. Plaintiff requests that this court issue an order for the rental income of the property in question located at 321 east 71” apt SG, New York, New York 10021 1 of 2(FILED: NEW YORK COUNTY CLERK 0571272017 01:40 PM INDEX NO. 656301/2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2017 be placed in the escrow account held by the plaintiffs counsel effective immediately and the rental income from December 2016 to present be placed in escrow as well. 9. Plaintiff request of the court order the defendant to provide tenants full contact information and keys to the property immediately. WHEREFORE, the plaintiff moves for an Order compelling the Defendants to produce the Keys to access the apartment, the tenants contact information and the rental payment to be held in plaintiff's counsel escrow account until further order of this court. Date: June 19, 2017 Respectfully submitted, DA Ze Law Office of Dalia Zaza 2 of 2