Preview
FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
..------------------------------------------------------Ç
Date Summons Filed:
RICHARD N. TANNENBAUM, D so 2023
P.C., Æ
Index No.: /23
Plaintiff designates
Plaintiff, Nassau County as the
place of trial
-against-
SUMMONS WITH NOTICE
JEFFREY PULVER,
Plaintiff resides at 666 Old
Country Rd., Garden City,
New York
Defendant.
-------------------------------------------------------------Ç
To the Above Named Defendant:
You are hereby summoned to serve a notice of appearance, on the Plaintiff's
Attomey within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if the summons is not personally delivered to you
within the State of New York); and in case of your failure to appear, judgment will be taken
against you by default for the relief demanded in the notice set forth below.
Dated: December 4, 2023
Garden City, New York
RICHARD N. TANNENBAUM, P.C.
Plaintiff Pro Se
Office & P.O. Address
666 Old Country Road, Suite 801
Garden City, New York 11530
(516) 222-5380
NOTICE: The nature of this action is to obtain summary judgment in lieu of complaint based
upon an instrument for the payment of money only, Promissory Note dated December 3, 2021.
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The relief sought is:
A judgment for $18,0000 based on a Promissory Note dated December 3, 2021.
The nature of the ancillary relief demanded is:
Awarding Plaintiff counsel fees, costs, disbursements, interest and other litigation expenses.
Awarding Plaintiff such other and further relief as to the court may seem just and proper.
Certification b Attorney:
RICI A A ENBAUM, ESQ.
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________ - __ _______________________Ç
RICHARD N. TANNENBAUM, P.C.,
NOTICE OF MOTION
Plaintiff,
Index No.: /23
- against -
- 'Tin
Return Date 30 , 2024
JEFFREY PULVER,
Defendant.
----------____________-____________Ç
PLEASE TAKE NOTICE, that upon the affirmation of RICHARD N.
TANNENBAUM, ESQ., the exhibits, and upon all papers, pleadings and proceedings
heretofore had herein, the undersigned will move this Court before the HON
to whom this action is assigned, at Part of the Supreme Court, County of Nassau, 100
30th
Supreme Court Drive, Mineola, New York, on the day of January, 2024, at 9:30 o'clock
in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order
granting to the Defendant the following relief:
a) Pursuant to CPLR § 3213, granting summary judgment in lieu of complaint in
favor of the Plaintiff against the Defendant in the sum of $18,000 pursuant to Promissory
Note between the parties dated December 3, 2021.
b) Awarding the Plaintiff costs including attorneys fees and litigation expenses,
disbursements and interest;
c) Granting such other and further relief as to the Court may seem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering
papers, if any, must be served upon the undersigned at least seven (7) days prior to the return
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date of this motion.
Dated: Garden City, New York
December , 2023
Yours, etc.,
RICHARD N. T AUM, P.C.
By:
RICHARD . TANN AUM, ESQ.
Plaintif o Se
Certification of Attorney per 22NYCRR§130-1.1
666 Old Country Road, Suite 801
Garden City, New York 11530
(516) 222-5380
TO: JEFFREY PULVER
Defendant Pro Se
2
.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________________--------___------------------..-------Ç
RICHARD N. TANNENBAUM, P.C.,
Index No. /23
Plaintiff,
-against- AFFIRMATION
IN SUPPORT OF NOTICE
OF MOTION IN LIEU OF
COMPLAINT
JEFFREY PULVER,
Defendant.
___..____________..__________________________.._______-____..._______---____Ç
RICHARD N. TANNENBAUM, an attorney duly licensed to practice law before the
courts of the State of New York, hereby affirms the following to be true pursuant to the penalties
of perjury:
1. I am the Plaintiff in the above captioned matter, and, as such, have personal
knowledge of all of the facts and circumstances relating hereto.
2. I submit this Affirmation in support of the within notice of motion for summary
judgment in lieu of complaint pursuant to CPLR § 3213. The statute provides, in relevant part,
that "when an action is based upon an instrument for the payment of money only or upon any
judgment, the plaintiff may serve with the summons a notice of motion for summary judgment
and the supporting papers in lieu of complaint".
3. On December 3, 2021, the Defendant, a former client, signed a Promissory Note for
$18,000 to be repaid no later than December 3, 2023. A copy of the Note is attached hereto as
"A"
Exhibit and clearly depicts the date, names of Borrower and Lender, principal amount,
interest and maturity date.
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4. Further, the last paragraph of the Note (Exhibit "A") states that New York law
governs, that any action arising out of the Note is subject to the exclusive venue of courts located
in Nassau County, New York, and that the parties each submit and irrevocably consent to the
jurisdiction of such courts.
5. I emailed both the Defendant and his current attorney over a month ago notifying
them of the impending maturity date of December 3, 2023 and requesting that the debt be
satisfied, but to no avail. Copies of an email exchange (attached hereto as Exhibit "B") between
the Defendant and myself on October 24, 2023 and November 21, 2023 evidence my request that
this be resolved, and then, after not hearing back for a month, show my follow-up reminding
Defendant how I cooperated with him two years ago in providing 20 boxes of documents to his
new lawyer. At that time, I agreed to reduce the outstanding balance of his fee owed my office in
return for a payment then coupled with the Promissory Note which is at issue now.
6. The Defendant responded by email dated November 21, 2023 that his current divorce .
case is (still) not settled, that he has no access to funds and "there is no money to offer you".
Clearly, the Defendant has no intention of paying his obligation pursuant to the Note.
7. Nevertheless, I sent out a formal Demand on the due date of December 3, 2023, a
copy of which is attached hereto as Exhibit "C". It is now past the two (2) year maturity date
period and the Defendant has not paid the $18,000 due pursuant to his unconditional obligation
to pay in accordance with the terms of the Note.
8. I submit there is no issue of material fact that can be raised in opposition to the within
motion.
2
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9. Under CPLR 3213, a plaintiff establishes its prima facie entitlement to judgment as a
matter of law with respect to a promissory note if it shows the existence of a promissory note,
executed by the defendant, containing an unequivocal and unconditional obligation to repay, and
the failure by the defendant to pay in accordance with the notes terms. Torto Note Member, LLC
(2nd
v. Babad, 192 A.D.3d 843, 144 N.Y.S.3d 193 Dept. 2021); See also Seidman v. Ungar, 246
(2nd
A.D.2d 641, 666 N.Y.S.2d 963 (Mem) Dept. 1998). Plainitff has established these elements
and its right to judgment as a matter of law.
10. Pursuant to the terms of the Note (page 1), in the event of enforcement, the Borrower
shall pay all costs of collection including reasonable attorney's fees and court costs in addition to
other amounts due. The notice of motion seeks such costs in addition to the primcipal amount of
$18,000 due.
10. Based on the foregoing exhibits attached hereto and the applicable law, the
Plaintifft's motion should be granted as there exist no genuine issues of material fact. Judgment
should be granted as a matter of law.
WHEREFORE, it is respectfully requested that the Plaintiff's notice of motion be granted
in its entirety together with such other and further relief as to the Court may seem just and
proper.
Dated: Garden City New York
December , 2023
RI RD . T ENBAUM
3
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ExW A
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. .
SECURED PROMISSORY NOTE
Date: December 3, 2021
Borrower: Jeffrey Pulver
Borrower's Mailing Address: 494 Sawmill Road
Stamford, CT 06903
Lender: Richard N. Tannenbaum, P.C.
Place for Payment: 666 Old Country Road, Suite 801
Garden City, NY 11530
Principal Amount: 18,000.00
Annual Interest Rate on 9% per annum
Matured Amount
Terms of Payment Principal payable on or before December 3, 2023 (the
"Maturity Date")
Borrower hereby unconditionally promises to pay to the order of Lender at the Place for Payment
and according to the Terms of Payment (in funds available for immediate use) the Principal Amount and
interest, which shall accrue from and after the date of this Note and compound annually, at the rate stated
above. The Principal Amount and interest shall be due and payable in full on the Maturity Date.
Notwithstanding the foregoing, this Note may be prepaid in whole or in part without premium or penalty at
any time.
As collateral security for the punctual payment and performance of all obligations under this Note,
Borrower agrees to the Confession of Judgment provisions set forth in Exhibit A.
If Borrower defaults in the payment of this Note (an "Event of Default"), then Lender may declare
the unpaid principal balance and interest thereon immediately due and take any and all actions available to
Lender at law or pursuant to this Note (including, without limitation, as set forth in the collateral and security
provisions contained in Exhibit A). Borrower hereby waives presentment, demand, protest or notice of any
kind in connection with this Note.
If this Note is given to an attorney for collection, or if suit is brought for collection, or if it is
collected through probate, bankruptcy or other judicial proceeding, then Borrower shall pay Lender all costs
of collection, reasonable attorney's fees and court costs, in addition to other amounts due.
including
Neither a delay on the part of Lender in the exercise of any power or right under this Note, nor a
single or partial exercise of any such power or right, shall operate as a waiver thereof. Enforcement by
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Lender of any of its rights hereunder shall not constitute an election by it of remedies so as to preclude the
exercise of any other remedy available to it. No notice to or demand on Borrower shall entitle Borrower to
any other or further notice or demand, or constitute a waiver of Lender's rights.
This Note is delivered, and is intended to be paid and performed, in the State of New York, and the
laws of such state shall govern the construction, validity, enforcement and inteÆretation hereof. Any action
or proceeding arising out of or in connection with this Note shall be subject to the exclusive venue of courts
located in Nassau County, New York, and Borrower and Lender each submit and irrevocably consent to the
jurisdiction of such courts.
IN WITNESS WHEREOF, Borrower has executed this Note as of the date first above written.
BORRO R:
Jeff Pulver
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Richard N. Tannenbaum, Esq.
From: Richard N. Tannenbaum, Esq.
Sent: Tuesday, October 24, 2023 8:23 AM
To: Jeff Pulver
Subject: Promissory Note
Hi Jeff
Hope all is well.
Reminder that the balance of my fee in the sum of $18,000 will be due on 12/3/23 at which time interest would
start to accrue.
Let's take care of this now so I can fmally close my file and just wish you good luck.
Thanks.
Richard
Richard N. Tannenbaum, Esq.
Richard N. Tannenbaum, P.C.
666 Old Country Road
Suite 801
Garden City, New York 11530
Tel: 516-222-5380
Fax: 516-745-6712
e-mail: rtannenbaum@rntlawfirm.com
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged
information. Any review, use, disclosure or distribution by persons or entities other than the intended recipient(s) is
prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the
original message. Thank you.
1
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Richard N. Tannenbaum, Esq.
From: Richard N. Tannenbaum, Esq.
Sent: Tuesday, November 21, 2023 9:24 AM
Pulver'
To: 'Jeff
Subject: Promissory Note
Hi Jeff
So I emailed you a month ago about the $18,000 due me to no avail.
Given our history, I expected a response.
You recall I cooperated with you two years ago and gave your new lawyer all of my 20 boxes of documents so
you could have an orderly transition (something rare these days).
You asked that the balance of the fee then owed my office be compromised and further, that a portion be
deferred for 2 years. I agreed.
I even have your emails applauding my efforts on your behalf with regard to the successful appeal.
But I know how you tend to operate and recall well how you distance yourself from those to whom you owe
money.
However, you know me too.
You must know I will do what it takes to enforce our agreement, even if I have to start a lawsuit.
In the process, you will only incur more costs, disbursements and fees.
Please take care of this now before it escalates unnecessarily.
Thank you.
Richard N. Tannenbaum, Esq.
Richard N. Tannenbaum, P.C.
666 Old Country Road
Suite 801
Garden City, New York 11530
Tel: 516-222-5380
Fax: 516-745-6712
e-mail: rtannenbaum@rntlawfirm.com
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged
information. Any review, use, disclosure or distribution by persons or entities other than the intended recipient(s) is
prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the
original message. Thank you.
1
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From: Jeff Pulver
Sent: Tuesday, November 21, 2023 9:29 AM .
To: Richard N. Tannenbaum, Esq.
Subject: Re: Promissory Note
the case is not settled. i have no access to any funds and there is no money to offer you.
Happy Thanksgiving to you and yours, Jeff
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Edu C.
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Richard N. Tannenbaum, Esq.
From: Richard N. Tannenbaum, Esq.
Sent: Sunday, December 3, 2023 2:33 PM
To: Jeff Pulver
Subject: Demand
TO: JEFFREY PULVER
FROM: RICHARD N. TANNENBAUM, P.C.
RE: PROMISSORY NOTE DATED DECEMBER 3, 2021
-----------------
DEMAND IS HEREBY MADE for the payment of $18,000 pursuant to Promissory Note dated
December 3, 2021 between Jeffrey Pulver, Borrower, and Richard N. Tannenbaum, P.C., Lender.
PLEASE BE ADVISED that enforcement action on the part of the Lender will include a demand for
litigation costs and attorney's fees, disbursements and interest.
Dated: Garden City, New York
December 3, 2023
Richard N. Tannenbaum, Esq.
Richard N. Tannenbaum, P.C.
666 Old Country Road
Suite 801
Garden City, New York 11530
Tel: 516-222-5380
Fax: 516-745-6712
e-mail: rtannenbaum@rntiawfirm.com
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged
information. Any review, use, disclosure or distribution by persons or entities other than the Intended recipient(s) is
prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the
original message. Thank you.
1
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Preview
FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ..------------------------------------------------------Ç Date Summons Filed: RICHARD N. TANNENBAUM, D so 2023 P.C., Æ Index No.: /23 Plaintiff designates Plaintiff, Nassau County as the place of trial -against- SUMMONS WITH NOTICE JEFFREY PULVER, Plaintiff resides at 666 Old Country Rd., Garden City, New York Defendant. -------------------------------------------------------------Ç To the Above Named Defendant: You are hereby summoned to serve a notice of appearance, on the Plaintiff's Attomey within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if the summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below. Dated: December 4, 2023 Garden City, New York RICHARD N. TANNENBAUM, P.C. Plaintiff Pro Se Office & P.O. Address 666 Old Country Road, Suite 801 Garden City, New York 11530 (516) 222-5380 NOTICE: The nature of this action is to obtain summary judgment in lieu of complaint based upon an instrument for the payment of money only, Promissory Note dated December 3, 2021. 1 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 The relief sought is: A judgment for $18,0000 based on a Promissory Note dated December 3, 2021. The nature of the ancillary relief demanded is: Awarding Plaintiff counsel fees, costs, disbursements, interest and other litigation expenses. Awarding Plaintiff such other and further relief as to the court may seem just and proper. Certification b Attorney: RICI A A ENBAUM, ESQ. 2 2 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________ - __ _______________________Ç RICHARD N. TANNENBAUM, P.C., NOTICE OF MOTION Plaintiff, Index No.: /23 - against - - 'Tin Return Date 30 , 2024 JEFFREY PULVER, Defendant. ----------____________-____________Ç PLEASE TAKE NOTICE, that upon the affirmation of RICHARD N. TANNENBAUM, ESQ., the exhibits, and upon all papers, pleadings and proceedings heretofore had herein, the undersigned will move this Court before the HON to whom this action is assigned, at Part of the Supreme Court, County of Nassau, 100 30th Supreme Court Drive, Mineola, New York, on the day of January, 2024, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order granting to the Defendant the following relief: a) Pursuant to CPLR § 3213, granting summary judgment in lieu of complaint in favor of the Plaintiff against the Defendant in the sum of $18,000 pursuant to Promissory Note between the parties dated December 3, 2021. b) Awarding the Plaintiff costs including attorneys fees and litigation expenses, disbursements and interest; c) Granting such other and further relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, if any, must be served upon the undersigned at least seven (7) days prior to the return 3 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 date of this motion. Dated: Garden City, New York December , 2023 Yours, etc., RICHARD N. T AUM, P.C. By: RICHARD . TANN AUM, ESQ. Plaintif o Se Certification of Attorney per 22NYCRR§130-1.1 666 Old Country Road, Suite 801 Garden City, New York 11530 (516) 222-5380 TO: JEFFREY PULVER Defendant Pro Se 2 . 4 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________________--------___------------------..-------Ç RICHARD N. TANNENBAUM, P.C., Index No. /23 Plaintiff, -against- AFFIRMATION IN SUPPORT OF NOTICE OF MOTION IN LIEU OF COMPLAINT JEFFREY PULVER, Defendant. ___..____________..__________________________.._______-____..._______---____Ç RICHARD N. TANNENBAUM, an attorney duly licensed to practice law before the courts of the State of New York, hereby affirms the following to be true pursuant to the penalties of perjury: 1. I am the Plaintiff in the above captioned matter, and, as such, have personal knowledge of all of the facts and circumstances relating hereto. 2. I submit this Affirmation in support of the within notice of motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The statute provides, in relevant part, that "when an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of complaint". 3. On December 3, 2021, the Defendant, a former client, signed a Promissory Note for $18,000 to be repaid no later than December 3, 2023. A copy of the Note is attached hereto as "A" Exhibit and clearly depicts the date, names of Borrower and Lender, principal amount, interest and maturity date. 5 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 4. Further, the last paragraph of the Note (Exhibit "A") states that New York law governs, that any action arising out of the Note is subject to the exclusive venue of courts located in Nassau County, New York, and that the parties each submit and irrevocably consent to the jurisdiction of such courts. 5. I emailed both the Defendant and his current attorney over a month ago notifying them of the impending maturity date of December 3, 2023 and requesting that the debt be satisfied, but to no avail. Copies of an email exchange (attached hereto as Exhibit "B") between the Defendant and myself on October 24, 2023 and November 21, 2023 evidence my request that this be resolved, and then, after not hearing back for a month, show my follow-up reminding Defendant how I cooperated with him two years ago in providing 20 boxes of documents to his new lawyer. At that time, I agreed to reduce the outstanding balance of his fee owed my office in return for a payment then coupled with the Promissory Note which is at issue now. 6. The Defendant responded by email dated November 21, 2023 that his current divorce . case is (still) not settled, that he has no access to funds and "there is no money to offer you". Clearly, the Defendant has no intention of paying his obligation pursuant to the Note. 7. Nevertheless, I sent out a formal Demand on the due date of December 3, 2023, a copy of which is attached hereto as Exhibit "C". It is now past the two (2) year maturity date period and the Defendant has not paid the $18,000 due pursuant to his unconditional obligation to pay in accordance with the terms of the Note. 8. I submit there is no issue of material fact that can be raised in opposition to the within motion. 2 6 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 9. Under CPLR 3213, a plaintiff establishes its prima facie entitlement to judgment as a matter of law with respect to a promissory note if it shows the existence of a promissory note, executed by the defendant, containing an unequivocal and unconditional obligation to repay, and the failure by the defendant to pay in accordance with the notes terms. Torto Note Member, LLC (2nd v. Babad, 192 A.D.3d 843, 144 N.Y.S.3d 193 Dept. 2021); See also Seidman v. Ungar, 246 (2nd A.D.2d 641, 666 N.Y.S.2d 963 (Mem) Dept. 1998). Plainitff has established these elements and its right to judgment as a matter of law. 10. Pursuant to the terms of the Note (page 1), in the event of enforcement, the Borrower shall pay all costs of collection including reasonable attorney's fees and court costs in addition to other amounts due. The notice of motion seeks such costs in addition to the primcipal amount of $18,000 due. 10. Based on the foregoing exhibits attached hereto and the applicable law, the Plaintifft's motion should be granted as there exist no genuine issues of material fact. Judgment should be granted as a matter of law. WHEREFORE, it is respectfully requested that the Plaintiff's notice of motion be granted in its entirety together with such other and further relief as to the Court may seem just and proper. Dated: Garden City New York December , 2023 RI RD . T ENBAUM 3 7 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 ExW A 8 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 . . SECURED PROMISSORY NOTE Date: December 3, 2021 Borrower: Jeffrey Pulver Borrower's Mailing Address: 494 Sawmill Road Stamford, CT 06903 Lender: Richard N. Tannenbaum, P.C. Place for Payment: 666 Old Country Road, Suite 801 Garden City, NY 11530 Principal Amount: 18,000.00 Annual Interest Rate on 9% per annum Matured Amount Terms of Payment Principal payable on or before December 3, 2023 (the "Maturity Date") Borrower hereby unconditionally promises to pay to the order of Lender at the Place for Payment and according to the Terms of Payment (in funds available for immediate use) the Principal Amount and interest, which shall accrue from and after the date of this Note and compound annually, at the rate stated above. The Principal Amount and interest shall be due and payable in full on the Maturity Date. Notwithstanding the foregoing, this Note may be prepaid in whole or in part without premium or penalty at any time. As collateral security for the punctual payment and performance of all obligations under this Note, Borrower agrees to the Confession of Judgment provisions set forth in Exhibit A. If Borrower defaults in the payment of this Note (an "Event of Default"), then Lender may declare the unpaid principal balance and interest thereon immediately due and take any and all actions available to Lender at law or pursuant to this Note (including, without limitation, as set forth in the collateral and security provisions contained in Exhibit A). Borrower hereby waives presentment, demand, protest or notice of any kind in connection with this Note. If this Note is given to an attorney for collection, or if suit is brought for collection, or if it is collected through probate, bankruptcy or other judicial proceeding, then Borrower shall pay Lender all costs of collection, reasonable attorney's fees and court costs, in addition to other amounts due. including Neither a delay on the part of Lender in the exercise of any power or right under this Note, nor a single or partial exercise of any such power or right, shall operate as a waiver thereof. Enforcement by 9 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 Lender of any of its rights hereunder shall not constitute an election by it of remedies so as to preclude the exercise of any other remedy available to it. No notice to or demand on Borrower shall entitle Borrower to any other or further notice or demand, or constitute a waiver of Lender's rights. This Note is delivered, and is intended to be paid and performed, in the State of New York, and the laws of such state shall govern the construction, validity, enforcement and inteÆretation hereof. Any action or proceeding arising out of or in connection with this Note shall be subject to the exclusive venue of courts located in Nassau County, New York, and Borrower and Lender each submit and irrevocably consent to the jurisdiction of such courts. IN WITNESS WHEREOF, Borrower has executed this Note as of the date first above written. BORRO R: Jeff Pulver 10 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 11 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 Richard N. Tannenbaum, Esq. From: Richard N. Tannenbaum, Esq. Sent: Tuesday, October 24, 2023 8:23 AM To: Jeff Pulver Subject: Promissory Note Hi Jeff Hope all is well. Reminder that the balance of my fee in the sum of $18,000 will be due on 12/3/23 at which time interest would start to accrue. Let's take care of this now so I can fmally close my file and just wish you good luck. Thanks. Richard Richard N. Tannenbaum, Esq. Richard N. Tannenbaum, P.C. 666 Old Country Road Suite 801 Garden City, New York 11530 Tel: 516-222-5380 Fax: 516-745-6712 e-mail: rtannenbaum@rntlawfirm.com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure or distribution by persons or entities other than the intended recipient(s) is prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the original message. Thank you. 1 12 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 Richard N. Tannenbaum, Esq. From: Richard N. Tannenbaum, Esq. Sent: Tuesday, November 21, 2023 9:24 AM Pulver' To: 'Jeff Subject: Promissory Note Hi Jeff So I emailed you a month ago about the $18,000 due me to no avail. Given our history, I expected a response. You recall I cooperated with you two years ago and gave your new lawyer all of my 20 boxes of documents so you could have an orderly transition (something rare these days). You asked that the balance of the fee then owed my office be compromised and further, that a portion be deferred for 2 years. I agreed. I even have your emails applauding my efforts on your behalf with regard to the successful appeal. But I know how you tend to operate and recall well how you distance yourself from those to whom you owe money. However, you know me too. You must know I will do what it takes to enforce our agreement, even if I have to start a lawsuit. In the process, you will only incur more costs, disbursements and fees. Please take care of this now before it escalates unnecessarily. Thank you. Richard N. Tannenbaum, Esq. Richard N. Tannenbaum, P.C. 666 Old Country Road Suite 801 Garden City, New York 11530 Tel: 516-222-5380 Fax: 516-745-6712 e-mail: rtannenbaum@rntlawfirm.com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure or distribution by persons or entities other than the intended recipient(s) is prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the original message. Thank you. 1 13 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 From: Jeff Pulver Sent: Tuesday, November 21, 2023 9:29 AM . To: Richard N. Tannenbaum, Esq. Subject: Re: Promissory Note the case is not settled. i have no access to any funds and there is no money to offer you. Happy Thanksgiving to you and yours, Jeff 14 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 Edu C. 15 of 16 FILED: NASSAU COUNTY CLERK 12/04/2023 12:06 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2023 Richard N. Tannenbaum, Esq. From: Richard N. Tannenbaum, Esq. Sent: Sunday, December 3, 2023 2:33 PM To: Jeff Pulver Subject: Demand TO: JEFFREY PULVER FROM: RICHARD N. TANNENBAUM, P.C. RE: PROMISSORY NOTE DATED DECEMBER 3, 2021 ----------------- DEMAND IS HEREBY MADE for the payment of $18,000 pursuant to Promissory Note dated December 3, 2021 between Jeffrey Pulver, Borrower, and Richard N. Tannenbaum, P.C., Lender. PLEASE BE ADVISED that enforcement action on the part of the Lender will include a demand for litigation costs and attorney's fees, disbursements and interest. Dated: Garden City, New York December 3, 2023 Richard N. Tannenbaum, Esq. Richard N. Tannenbaum, P.C. 666 Old Country Road Suite 801 Garden City, New York 11530 Tel: 516-222-5380 Fax: 516-745-6712 e-mail: rtannenbaum@rntiawfirm.com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure or distribution by persons or entities other than the Intended recipient(s) is prohibited. If you are not the intended recipient, please contact the sender by reply and destroy all copies of the original message. Thank you. 1 16 of 16