American Transit Insurance Company v. Yom

The following NYSCEF Documents were used on these motions:¹ American Transit Insurance Company v. Dr. Jong Won Yom, DC, LAC, RPH, MS a/a/o Mann Joung Chon (Index No. 532051/2022) No. 1: Petition (filed by Petitioner, 11/3/2022) No. 2: Notice of petition (filed by Petitioner, 11/3/2022) No. 3: Exhibit A — Arbitration award (filed by Petitioner, 11/3/2022) No. 4: Exhibit B — Master arbitration award (filed by Petitioner, 11/3/2022) No. 5: Exhibit C — Respondent’s arbitration submission (filed by Petitioner, 11/3/2022) No. 6: Exhibit D — Petitioner’s arbitration submission (filed by Petitioner, 11/3/2022) No. 13: Notice of cross-petition (filed by Respondent, 1/20/2023) No. 14: Cross-petition (filed by Respondent, 1/20/2023) No. 15: Affirmation of William Larkin in opposition to cross-petition & reply in support of petition (filed by Petitioner, 1/23/2023) No. 16: Reply in support of cross-petition (filed by Respondent, 5/3/2023) No. 17: Order on petition & cross-petition (filed by clerk, 6/13/2023) No. 19: Judgment (filed by clerk, 7/18/2023) No. 20: Notice of motion to hold Petitioner in contempt (filed by Respondent, 9/8/2023) No. 21: Affirmation in support of motion to hold Petitioner in contempt (filed by Respondent, 9/8/2023) No. 22: Exhibit A — Information subpoena (filed by Respondent, 9/8/2023) No. 23: Exhibit B — USPS receipt & proof of delivery (filed by Respondent, 9/8/2023) No. 24: Letter from Petitioner’s counsel to Respondent’s counsel seeking withdrawal of information subpoena and motion to hold Petitioner in contempt (filed by Petitioner, 9/28/2023) No. 25: Letter from Petitioner’s counsel to Respondent’s counsel asserting that Respondent’s counsel has conflict of interest and seeking withdrawal of their representation (filed by Petitioner, 11/20/2023) No. 27: Notice of cross-motion by Petitioner for protective order and quashing subpoena (filed by Petitioner, 11/22/2023) No. 28: Affirmation of William Larkin in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 29: Affidavit of Madanawelly Armogan in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 30: Exhibit A — checks (filed by Petitioner, 11/21/2023) No. 31: Affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 11/21/2023) No. 32: Letter from Petitioner’s counsel to Respondent’s counsel requesting satisfaction of judgment (filed by Petitioner, 11/21/2023) No. 34: Affirmation of William Larkin in reply in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 12/6/2023) No. 35: Proposed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 36: Emergency affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 37: Affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 38: Affidavit of Madanawelly Armogan in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 39: Exhibit A — checks (filed by Petitioner, 12/7/2023) No. 40: Exhibit B — emails between Petitioner’s counsel and Respondent’s counsel (filed by Petitioner, 12/7/2023) No. 41: Letter re proposed order to show cause (filed by Petitioner, 12/7/23). No. 43: Amended affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 12/9/2023) No. 44: Notice of appeal (filed by Respondent, 12/10/23) No. 45: Signed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/13/2023) No. 46: Affirmation of Roman Kravchenko in opposition to motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Respondent, 12/13/2023) No. 47: Conformed copy of signed order to show cause and supporting papers on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/14/2023) No. 49: Affirmation of William Larkin in reply in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 1/16/2024) No. 50: Interim order (filed by Court, 3/26/2024) No. 52: Interim order (filed by Court, 4/15/2024) No. 53: Letter from Respondent’s counsel to Court (filed by Respondent, 5/7/2024) No. 54: Interim order (filed by Court, 5/13/2024) No. 58: Satisfaction of judgment (filed by Respondent, 5/20/2024) No. 59: Transcript of proceedings, 1/17/2024 (filed by Court, 5/26/2024) No. 60: Transcript of proceedings, 5/20/2024 (filed by Court, 5/26/2024) American Transit Insurance Company v. Integrated Medicine of S.I., PC a/a/o Segundo Matute (Index No. 500128/2023) No. 1: Petition (filed by Petitioner, 1/3/2023) No. 2: Notice of petition (filed by Petitioner, 1/3/2023) No. 3: Exhibit A — Arbitration award (filed by Petitioner, 1/3/2023) No. 4: Exhibit B — Master arbitration award (filed by Petitioner, 1/3/2023) No. 5: Exhibit C — Respondent’s arbitration submission (filed by Petitioner, 1/3/2023) No. 6: Exhibit D — Petitioner’s arbitration submission (filed by Petitioner, 1/3/2023) No. 13: Notice of cross-petition (filed by Respondent, 5/26/2023) No. 14: Cross-petition (filed by Respondent, 5/26/2023) No. 15: Affirmation of Anthony R. Troise in opposition to cross-petition & reply in support of petition (filed by Petitioner, 6/1/2023) No. 16: Order on petition & cross-petition (filed by clerk, 6/23/2023) No. 18: Judgment (filed by clerk, 7/18/2023) No. 20: Notice of motion to hold Petitioner in contempt (filed by Respondent, 9/8/2023) No. 21: Affirmation in support of motion to hold Petitioner in contempt (filed by Respondent, 9/8/2023) No. 22: Exhibit A — Information subpoena (filed by Respondent, 9/8/2023) No. 23: Exhibit B — USPS receipt & proof of delivery (filed by Respondent, 9/8/2023) No. 24: Letter from Petitioner’s counsel to Respondent’s counsel seeking withdrawal of information subpoena and motion to hold Petitioner in contempt (filed by Petitioner, 9/28/2023) No. 25: Letter from Petitioner’s counsel to Nassau County Sheriff (filed by Petitioner, 9/28/2023) No. 26: Letter from Petitioner’s counsel to Respondent’s counsel asserting that Respondent’s counsel has conflict of interest and seeking withdrawal of their representation (filed by Petitioner, 11/17/2023) No. 28: Notice of cross-motion by Petitioner for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 29: Affirmation of William Larkin in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 30: Affidavit of Madanawelly Armogan in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 31: Exhibit A — checks (filed by Petitioner, 11/21/2023) No. 32: Affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 11/21/2023) No. 33: Letter from Petitioner’s counsel to Respondent’s counsel requesting satisfaction of judgment (filed by Petitioner, 11/28/2023) No. 35: Affirmation of William Larkin in reply in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 12/6/2023) No. 36: Proposed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 37: Emergency affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 38: Affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 39: Affidavit of Madanawelly Armogan in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/7/2023) No. 40: Exhibit A — checks (filed by Petitioner, 12/7/2023) No. 41: Exhibit B — emails between Petitioner’s counsel and Respondent’s counsel (filed by Petitioner, 12/7/2023) No. 42: Letter re proposed order to show cause (filed by Petitioner, 12/7/23). No. 44: Amended affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 12/9/2023) No. 45: Signed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/13/2023) No. 46: Affirmation of Roman Kravchenko in opposition to motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Respondent, 12/13/2023) No. 47: Conformed copy of signed order to show cause and supporting papers on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/14/2023) No. 49: Affirmation of William Larkin in reply in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 1/16/2024) No. 50: Interim order (filed by Court, 3/26/2024) No. 52: Interim order (filed by Court, 4/22/2024) No. 53: Letter from Respondent’s counsel to Court (filed by Respondent, 5/7/2024) No. 54: Interim order (filed by Court, 5/13/2024) No. 58: Satisfaction of judgment (filed by Respondent, 5/20/2024) No. 59: Transcript of proceedings, 1/17/2024 (filed by Court, 5/26/2024) No. 60: Transcript of proceedings, 5/20/2024 (filed by Court, 5/26/2024) American Transit Insurance Company v. YD Med. Services PC a/a/o Stuart Simpson Keralyn (Index No. 535310/2022) No. 1: Petition (filed by Petitioner, 12/5/2022) No. 2: Notice of petition (filed by Petitioner, 12/5/2022) No. 3: Exhibit A — Arbitration award (filed by Petitioner, 12/5/2022) No. 4: Exhibit B — Master arbitration award (filed by Petitioner, 12/5/2022) No. 5: Exhibit C — Respondent’s arbitration submission (filed by Petitioner, 12/5/2022) No. 6: Exhibit D-1 — Petitioner’s arbitration submission (filed by Petitioner, 12/5/2022) No. 7: Exhibit D-2 — Petitioner’s arbitration submission (filed by Petitioner, 12/5/2022) No. 8: Exhibit D-3 — Petitioner’s arbitration submission (filed by Petitioner, 12/5/2022) No. 14: Notice of cross-petition (filed by Respondent, 3/6/2023) No. 15: Cross-petition (filed by Respondent, 3/6/2023) No. 16: Affirmation of David Fair in opposition to cross-petition & reply in support of petition (filed by Petitioner, 5/19/2023) No. 17: Reply in support of cross-petition (filed by Respondent, 5/31/2023) No. 18: Order on petition & cross-petition (filed by clerk, 6/13/2023) No. 20: Judgment (filed by clerk, 7/31/2023) No. 21: Notice of motion to hold Petitioner in contempt (filed by Respondent, 9/8/2023) No. 22: Affirmation in support of motion to hold Petitioner in contempt — no signature (filed by Respondent, 9/8/2023) No. 23: Exhibit A — Information subpoena (filed by Respondent, 9/8/2023) No. 24: Exhibit B — USPS receipt & proof of delivery (filed by Respondent, 9/8/2023) No. 25: Affirmation in support of motion to hold Petitioner in contempt — with signature (filed by Respondent, 9/16/2023) No. 26: Letter from Petitioner’s counsel to Respondent’s counsel seeking withdrawal of information subpoena and motion to hold Petitioner in contempt (filed by Petitioner, 11/14/2023) No. 27: Letter from Petitioner’s counsel to Respondent’s counsel asserting that Respondent’s counsel has conflict of interest and seeking withdrawal of their representation (filed by Petitioner, 11/17/2023) No. 29: Notice of cross-motion by Petitioner for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 30: Affirmation of William Larkin in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 31: Affidavit of Madanawelly Armogan in opposition to motion to hold Petitioner in contempt & in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 11/21/2023) No. 32: Exhibit A — checks (filed by Petitioner, 11/21/2023) No. 33: Affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 11/21/2023) No. 34: Letter from Petitioner’s counsel to Respondent’s counsel requesting satisfaction of judgment (filed by Petitioner, 11/28/2023) No. 36: Affirmation of William Larkin in reply in support of cross-motion for protective order and quashing subpoena (filed by Petitioner, 12/7/2023) No. 38: Proposed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/8/2023) No. 39: Emergency affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/8/2023) No. 40: Affirmation of William Larkin in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/8/2023) No. 41: Affidavit of Madanawelly Armogan in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/8/2023) No. 42: Exhibit A — checks (filed by Petitioner, 12/8/2023) No. 43: Exhibit B — emails between Petitioner’s counsel and Respondent’s counsel (filed by Petitioner, 12/8/2023) No. 44: Letter re proposed order to show cause (filed by Petitioner, 12/7/23). No. 46: Amended affirmation of Roman Kravchenko in opposition to cross-motion for protective order and quashing subpoena & in further support of motion to hold Petitioner in contempt (filed by Respondent, 12/9/2023) No. 47: Signed order to show cause on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/13/2023) No. 48: Conformed copy of signed order to show cause and supporting papers on motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 12/14/2023) No. 50: Affirmation of Roman Kravchenko in opposition to motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Respondent, 12/14/2023) No. 51: Affirmation of William Larkin in reply in support of motion to stay judgment execution, direct satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (filed by Petitioner, 1/16/2024) No. 52: Interim order (filed by Court, 3/26/2024) No. 54: Interim order (filed by Court, 4/22/2024) No. 55: Letter from Respondent’s counsel to Court (filed by Respondent, 5/10/2024) No. 56: Interim order (filed by Court, 5/13/2024) No. 60: Satisfaction of judgment (filed by Respondent, 5/20/2024) No. 61: Transcript of proceedings, 1/17/2024 (filed by Court, 5/26/2024) No. 62: Transcript of proceedings, 5/20/2024 (filed by Court, 5/26/2024) ADDITIONAL CASES American Transit Insurance Company, Petitioner v. Integrated Medicine of S.I., PC a/a/o Segundo Matute, Respondent; 500128/2023 American Transit Insurance Company, Petitioner v. YD Medical Services PC a/a/o Stuart Simpson Keralyn, Respondent; 535310/2022 DECISION AND ORDER Introduction This decision and order concerns motions made in three special proceedings commenced by Petitioner American Transit Insurance Company (“Petitioner”) against Respondent medical providers (“Respondents”) to vacate No-Fault insurance arbitration determinations which Petitioner lost.² Motion Seq. 1 and Motion Seq. 2 in each special proceeding, respectively the original petition and cross-petition, were previously determined in 2023 in favor of the respective medical provider, with resulting judgments having been entered by the County Clerk after the petitions were denied and the cross-petitions granted. The motions at issue before the Court which are the subject of this decision and order — Motion Seqs. 3, 4, and 5 — came about amidst the backdrop of hostility between Petitioner and the two attorneys representing the several medical providers herein (Respondents) and other providers of medical services who treated motor vehicle accident victims (respondents in other Article 75 special proceedings commenced by Petitioner herein), the providers having prevailed in No-Fault insurance arbitrations against Petitioner. Until more recently, when it retained additional counsel, Petitioner was represented by Larkin Farrell LLC. Respondents have been represented by Roman Kravchenko, Esq., who works together with Jason Tenenbaum, Esq.³ In each special proceeding which is the subject of this decision and order, the respective medical provider, represented by Attorneys Kravchenko and Tenenbaum, moved for a contempt finding and the imposition of a fine against Petitioner for not responding to an information subpoena (Motion Seq. 3 in each one), and Petitioner moved for a protective order and to quash the information subpoena (Motion Seq. 4 in each one), and to stay judgment execution, direct a satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (Motion Seq. 5 in each one).⁴ The three special proceedings are captioned above. For purposes of facilitating clarity, they will be referred to by their index numbers.⁵ Background Information & Chronology of Proceedings On May 26, 2022, Arbitrator Gregory Watford awarded Respondent Dr. Jong Won Yom, DC, LAC, RPH, MS $3,628.80 in No-Fault insurance compensation for performing acupuncture services on Mann Joung Chon, a patient allegedly injured in a motor vehicle accident on November 2, 2019 (see Index No. 532051/2022 Doc No. 3). His determination was affirmed by Master Arbitrator A. Jeffrey Grob on August 26, 2022 (see Index No. 532051/2022 Doc No. 4). On August 17, 2022, Arbitrator Richard Martino awarded Respondent Integrated Medicine of S.I., PC $3,452.31 in No-Fault insurance compensation for performing EMG/NCV testing on Segundo Matute, a patient allegedly injured in a motor vehicle accident on November 18, 2019 (see Index No. 500128/2023 Doc No. 3). The arbitration determination was affirmed by Master Arbitrator Robyn D. Weisman on November 1, 2022 (see Index No. 500128/2023 Doc No. 4). On July 20, 2022, Arbitrator John Hyland awarded Respondent YD Medical Services PC $4,716.48 in No-Fault insurance compensation for performing office visits and range of motion, muscle, physical performance, and outcome assessment testing on Stuart Simpson Keralyn, a patient allegedly injured in a motor vehicle accident on January 21, 2018 (see Index No. 535310/2022 Doc No. 3). The arbitration determination was affirmed by Master Arbitrator Robyn D. Weisman on September 29, 2022 (see Index No. 535310/2022 Doc No. 4). In each of the aforementioned arbitrations, the respective medical provider was also awarded statutory interest, attorney’s fees, and the return of the filing fee (see Index No. 532051/2022 Doc Nos. 3-4; Index No. 500128/2023 Doc Nos. 3-4; Index No. 535310/2022 Doc Nos. 3-4). After the master arbitration awards in the above three arbitrations were issued, Petitioner commenced the within Article 75 special proceedings to vacate them. The petitions were assigned Motion Seq. 1 in each special proceeding. Corresponding cross-petitions were assigned Motion Seq. 5. In each instance this Court ruled against Petitioner (see Index No. 532051/2022 Doc No. 17; Index No. 500128/2023 Doc No. 16; Index No. 535310/2022 Doc No. 18). Judgments then were entered against Petitioner by the respective Respondents in all three special proceedings, the amounts and dates of entry being $7,610.39, July 18, 2023 (see Index No. 532051/2022 Doc No. 19); $6,595.52, July 18, 2023 (see Index No. 500128/2023 Doc No. 18); and $8,945.13, July 31, 2023 (see Index No. 535310/2022 Doc No. 20). The judgment amounts continued to accrue interest until paid (see id.). When the judgments were not paid within a short period of time, the respective Respondents issued information subpoenas with restraining notices. In Index No. 532051/2022, the information subpoena with restraining notice was issued on August 3, 2023 and served on August 4, 2023, the judgment having been entered on July 18, 2023; in other words, the information subpoena with restraining notice was issued 16 days after entry of judgment (see Index No. 532051/2022 Doc Nos. 19, 22). In Index No. 500128/2023, the information subpoena with restraining notice was issued on August 3, 2023 and served on August 4, 2023, the judgment having been entered on July 18, 2023; in other words, the information subpoena with restraining notice was issued 16 days after entry of judgment (see Index No. 500128/2023 Doc Nos. 18, 22). In Index No. 535310/2022, the information subpoena with restraining notice was issued on August 3, 2023 and served on August 4, 2023, the judgment having been entered on July 31, 2023; in other words, the information subpoena with restraining notice was issued three days after entry of judgment (see Index No. 535310/2022 Doc Nos. 20, 23). Motions to hold Petitioner in contempt for failing to comply with the information subpoenas were filed and served by the respective Respondents on September 8, 2023 (see Index No. 532051/2022 Doc No. 20; Index No. 500128/2023 Doc No. 20; Index No. 535310/2022 Doc No. 21). In each special proceeding, the contempt motion was designated Motion Seq. 3. Thereafter, Petitioner’s counsel issued letters to the Respondents’ counsel requesting that the latter withdraw the information subpoenas and the concomitant motions seeking to hold Petitioner in contempt. In Index Nos. 532051/2022 and 500128/2023, Petitioner’s counsel’s letters were issued on September 26, 2023 (see Index No. 532051/2022 Doc No. 24; Index No. 500128/2023 Doc No. 24). In Index No. 535310/2022, Petitioner’s counsel’s letter was issued on November 14, 2023 (see Index No. 535310/2022 Doc No. 26). The September 26, 2023 letters from Petitioner’s counsel to Respondents’ counsel, Roman Kravchenko, read as follows: Dear Mr. Kravchenko, Esq., Please allow this to serve as our request that you withdraw your Information Subpoena, pursuant to CPLR §2304, and the subsequent Motion for Contempt. As you should already be aware, the claims that form the basis of the underlying action have already been paid. See the cashed checks attached. As such, the information subpoena is not necessary to aid the judgment creditor in collecting on the judgment and is, therefore, moot. Please withdraw the information subpoena and motion to avoid burdening the Court with unnecessary motion practice. Sincerely, /s/ William Larkin (Index No. 532051/2022 Doc No. 24; Index No. 500128/2023 Doc No. 24.) The November 14, 2023 letter from Petitioner’s counsel to Respondents’ counsel, Roman Kravchenko, read as follows: Dear Mr. Kravchenko, Esq., Please allow this to serve as our request that you withdraw your Information Subpoena, pursuant to CPLR §2304, and the subsequent Motion for Contempt. Please also allow this to serve as our formal request to file a Satisfaction of Judgment with the clerk of the Court as required by CPLR §5020(a). As you should already be aware, the claims that form the basis of the underlying action have already been paid. See the cashed checks attached. As such, the information subpoena is not necessary to aid the judgment creditor in collecting on the judgment and is, therefore, moot. Your failure to acknowledge the payment and file the Satisfaction of Judgment with the clerk is prejudicial to my client. Please file the Satisfaction of Judgment and withdraw the information subpoena and motion to avoid burdening the Court with unnecessary motion practice. Sincerely, /s/ William Larkin (Index No. 535310/2022 Doc No. 26.) In response to Respondents’ motions filed on September 8, 2023 to hold Petitioner in contempt for failing to comply with the information subpoenas, Petitioner claiming that the judgments were paid and Respondents did not file even partial satisfactions of judgment, on November 21, 2023, Petitioner filed cross-motions in each of the three special proceedings “for a PROTECTIVE ORDER pursuant to CPLR §3103, or in the alternative, for an Order, pursuant to CPLR §2304, to QUASH the Information Subpoena served on Petitioner by Respondent and for such other and further relief as this Court may deem just and proper” (Index No. 532051/2022 Doc No. 27; Index No. 500128/2023 Doc No. 28; Index No. 535310/2022 Doc No. 29). In each special proceeding, Petitioner’s motion was designated Motion Seq. 4 (see id.). Petitioner’s motion papers included, in each instance, an affidavit of merit from Madanawelly Armogan, an employee in its claims department, who attested to Petitioner’s payments toward the respective judgment. Copies of cleared checks were attached. Counsel’s affirmations claimed that the judgments were fully paid, that Respondents did not provide a satisfaction of judgment or even a partial satisfaction of judgment, that Respondents insisted on enforcing the information subpoena, and, upon information and belief, that Respondents referred the matter to a marshal for collection. (See Index No. 532051/2022 Doc Nos. 28-30; Index No. 500128/2023 Doc Nos. 29-31; Index No. 535310/2022 Doc Nos. 30-32.) With respect to each of the three judgments, Petitioner’s counsel again wrote to Respondents’ counsel, seeking that he issue satisfactions of judgment. Dated November 28, 2023, the letters stated as follows: Dear Mr. Kravchenko, Esq., We previously served your office via NYSCEF with a demand to withdraw you[r] Information Subpoena and Contempt Motion and provide a Satisfaction of Judgment. We did not receive a response to that demand. We produced the cancelled checks with that prior demand. A second copy of the checks is attached hereto. Please note that CPLR §5020(a) requires you to file a Satisfaction of Judgment. The production of the Satisfaction of Judgment is not optional. It should be clear from the amount of the checks in comparison to the amount of the judgment that the judgment has been fully satisfied. Should you feel that any portion of the judgment is still owed, please note that CPLR §5020(a) requires you to file a Partial Satisfaction of Judgment in that circumstance. Your failure to produce the Satisfaction of Judgment, or Partial Satisfaction of Judgment, obviously prejudices my client. This is especially true considering your willingness to enforce information subpoenas, refer to the Marshal for collection, freeze bank accounts and utilize other enforcement tools to execute on judgments that have already been satisfied. I’ve discussed this issue with Mr. Tenenbaum in the past. He seems to think that it is okay to require Petitioner to file the necessary paperwork to stay the execution of the judgment and seek the satisfaction of judgment from the Court. He also seemed amused by the fact that the additional motion practice would create additional fees that he could claim pursuant to 11 NYCRR 65-4.10(j)(4). We urge you to consider that the obligation to file the Satisfaction of Judgment is an affirmative obligation required by CPLR §5020(a). It is not okay for you to intentionally fail to file this document while also attempting to collect on amounts that were already paid. We also urge you to consider your conduct in light of Rule 130-1.1. You have already been reprimanded by Judge Barry for similar conduct in American Transit [I]nsurance Company vs. YSC Trinity Acupuncture, PC a/a/o Shaba Hill, Index 502863/2022 and by Judge Sweeney in American Transit Insurance Company vs. Dr. Jong Won Yom, DC, LAC, RPH, MS a/a/o Mann Jouyng Chon, Index 532032/2022. It should be clear that the Court does not agree that this conduct is acceptable. Please file the Satisfaction of Judgment and withdraw the information subpoena and motion to avoid burdening the Court with unnecessary motion practice. Sincerely, /s/ William Larkin (Index No. 532051/2022 Doc No. 32; Index No. 500128/2023 Doc No. 33; Index No. 535310/2022 Doc No. 34.) The record on these motions includes email correspondence between Petitioner’s counsel and Respondents’ two counsels from November 28, 2023. The Court herewith reproduces same: From: William Larkin [email address omitted] Sent: Tuesday, November 28, 2023 11:05 AM To: [email address omitted]; Jason Tenenbaum [email address omitted] Cc: Roman Kravchenko [email address omitted] Subject: 2nd Demands for Satisfaction of Judgment Roman/Jason, See attached [presumably the letters dated November 28, 2023, seeking a satisfaction of judgment or a partial satisfaction of judgment]. I’m sending these as a courtesy. The Court has not been happy with contempt motions. I just wanted to make sure you are aware that the CPLR requires you to file the satisfaction of judgment. It’s an affirmative obligation. When I spoke to Jason on the phone a month or two ago he seemed to think it was optional and that he wasn’t doing anything wrong by making us file the papers. I strongly disagree with that position and I think it is clear now that the Court does as well. I hope you will file the necessary Satisfactions of Judgment and withdraw the contempt motions. I just received another 20 information subpoenas on judgments that, like these, were paid in full. Let me know if you will provide a satisfaction of judgment on those as well once I produce the checks. Sincerely, William R. Larkin, III Larkin Farrell LLC Attorneys at Law ———— From: Jason Tenenbaum [email address omitted] Sent: Tuesday, November 28, 2023 11:44 AM To: William Larkin [email address omitted]; [email address omitted] Cc: Roman Kravchenko [email address omitted] Subject: RE: 2nd Demands for Satisfaction of Judgment Bill, We are unable to oblige. When someone at ATIC [American Transit Insurance Company] wants to have a serious discussion about resolving my cases, we will gladly have a discussion that involves post-judgment enforcement, interest reductions, attorney fee stipulations and waiver of my Article 52 remedies. Until then, we will keep your staff busy for the holidays and for the better part of next year. I have settled all my Merani cases without this litigation. Perhaps someone should find out how that happened. Best, Jason ———— From: William Larkin [email address omitted] Sent: Tuesday, November 28, 2023 12:25 PM To: Jason Tenenbaum [email address omitted]; [email address omitted] Cc: Roman Kravchenko [email address omitted] Subject: RE: 2nd Demands for Satisfaction of Judgment Your settlement demands are unreasonable. The attorney fees you are requesting are highly inflated. We have discussed that. ATIC’s refusal to settle for the highly inflated numbers has nothing to do with your obligations on these cases. They paid the judgments and CPLR 5020(a) requires you to provide a satisfaction of judgment. You are abusing the post-judgment process. These tools are obviously designed to help judgment creditors collect. They are not supposed to be used to harass a judgment debtor because they won’t settle other cases with you. Your email below regarding the settlement of the unrelated cases begs another question; Do your “clients” know that you are holding their principal and interest payments hostage in an effort to strong arm ATIC to pay these inflated attorney fees? Based on your testimony and Roman’s testimony in Hempstead, they don’t even know that you represent them on these cases so I’m not sure how they could approve of these settlement demands. Roman testified that his lack of contact with the client is not a problem because he does not settle……and hear [sic] you are trying to settle. I wasn’t kidding when I said below that I am sending this email as a courtesy. You are crossing lines and don’t seem to be aware that you are doing it or just can’t seem to put the emotions aside and act logically. As stated above, the settlement demands on the other cases has nothing to do with the Satisfaction of Judgment on these cases. You owe us the Satisfaction of Judgment and your refusal to provide it and your insistence that we file the Motions to Quash and the Orders to Show Cause for the satisfaction of judgment are forcing me to put your conduct before the Court. I’m trying to avoid that. Sincerely, William R. Larkin, III Larkin Farrell LLC Attorneys at Law ———— From: Jason Tenenbaum [email address omitted] Sent: Tuesday, November 28, 2023 12:41 PM To: William Larkin [email address omitted]; [email address omitted] Cc: Roman Kravchenko [email address omitted] Subject: RE: 2nd Demands for Satisfaction of Judgment We are adults. Do as you may. But we will make one concession. We have done this in all of our papers: Provide me with proof of full payment with 2 percent post-judgment interest on the entered judgment within 14-days of ATIC’s receipt of the information subpoena. If you do that instead of copying and pasting demands, we will then be ethically obliged to give you the full satisfaction you want. You never make this calculation in any of your papers. Absent that, we do not think the relief you are seeking — a full satisfaction — is appropriate to these facts. It is not emotion — it is holding your client to the letter of the law. We are unsure how making ATIC pay every cent they owe and a reasonable attorney fee is crossing the line. Better minds than us may disagree. Thank you. We will not respond to any further emails on this subject. ———— From: William Larkin Sent: Tuesday, November 28, 2023 12:51 PM To: Jason Tenenbaum; [email address omitted] Cc: Roman Kravchenko Subject: RE: 2nd Demands for Satisfaction of Judgment Each of these judgments was paid in full. If you add up the checks you will see that the checks total more than the face value of the judgment. The payments include the post judgment interest. Even if it were true that it did not include the post judgment interest, you are still required to provide us with a partial satisfaction of judgment pursuant to CPLR 5020(a). If there was a legitimate claim to a few cents more then I would have that paid, but you are refusing to provide the satisfaction and refusing to tell us what you think is owed. Yesterday Roman argued $200 in one breath and then $500 in another breath on the same case. It is your obligation to provide the satisfaction. If it is paid in full, provide a full satisfaction. If you think it is partially paid provide a partial satisfaction and explain where you get the balance from. Sincerely, William R. Larkin, III Larkin Farrell LLC Attorneys at Law (Index No. 532051/2022 Doc No. 40; Index No. 500128/2023 Doc No. 41; Index No. 535310/2022 Doc No. 43.) As Petitioner’s counsel’s letters discussed above stated, attached were copies of cancelled checks. The following table compiled by the Court contains pertinent information concerning the judgments and the chronology of Respondent’s information subpoenas, Petitioner’s payments (all of which cleared), the amounts remaining to be paid (due to ongoing interest), the filing of Respondents’ contempt motions against Petitioner, and Petitioner’s letters concerning payments made and/or the need for Respondents to file satisfactions of judgment: Index No. & Judgment      Information Subpoena          Petitioner’s Payments           Remaining Unpaid                Contempt Motion       Petitioner’s Counsel’s Letters Index No. 532051/2022: $7,610.39, 7/18/23      8/3/23 (mailed 8/4/23)            $613.85, 8/30/23 (cleared 9/6/23*); $3,628.80, 8/31/23 (cleared 9/6/23*); $2,278.89, 8/31/23 (cleared 9/6/23*); $1, 221.53, 8/31/23 (cleared 9/6/23*) Total $7,743.07              $176.81 per Kravchenko aff (see Index No. 532051/2022 Doc No. 43 10); $84.98 per 1/17/24 oral argument (see Index No. 532051/ 2022 Doc No. 59 at 24); “probably about $10 or $15″ per Tenenbaum at 5/20/24 Hearing (Index No. 532051/ 2022 Doc No. 60 at 9); $16.92 as Recalculated below       9/8/23       9/26/23; 11/28/23 Index No. 500128/2023: $6,595.52, 7/18/23      8/3/23 (mailed 8/4/23)            $646.35, 8/21/23 (cleared 8/31/23); $3,452.31, 8/31/23 (cleared 9/6/23*); $1,574.25, 8/31/23 (cleared 9/6/23*); $1,045.31, 8/31/23 (cleared 9/6/23*) Total $6,718.22               $65.60 per Kravchenko aff (see Index No. 500128/2023 Doc No. 44 14); $200.87 per 1/17/24 oral argument (see Index No. 500128/ 2023 Doc No. 59 at 75); $10 or $15, or as much as $50 per Tenenbaum at 5/20/24 hearing (Index No. 500128/ 2022 Doc No. 60 at 26); $12.82 as recalculated below     9/8/23       9/26/23; 11/28/23 Index No. 535310/2022: $8,945.13, 7/31/23      8/3/23 (mailed 8/4/23)            $130.00, 7/14/23 (cleared date unknown); $4,716.48, 7/21/23 (cleared date unknown); $2,188.45, 7/21/23 (cleared date unknown); $1,400.00, 7/21/23 (cleared date unknown); $516.35, 9/28/23 (cleared date unknown) Total $8,951.28            $13.92 per Kravchenko aff (see Index No. 535310/2022 Doc No. 46 11); $13.92 per 1/17/24 oral argument (see Index No. 535310/ 2022 Doc No. 61 at 79); “Ballpark figure, between $10 and $20, most likely” per Tenenbaum at 5/20/24 hearing (Index No. 5535310/2022 Doc No. 62 at 33); $240.47 as recalculated below     9/8/23      11/14/23; 11/28/23 * Check endorsed by Roman Kravchenko, one of Respondents’ counsels. (See Index No. 532051/2022 Doc Nos. 19, 20, 22, 24, 29, 30, 32; Index No. 500128/2023 Doc Nos. 18, 20, 22, 24, 30, 31, 33; Index No. 535310/2022 Doc Nos. 20, 21, 23, 26, 31, 32, 34.) Contemporaneous with the dispute between counsel for Petitioner and counsel for Respondents concerning the non-provision of satisfactions of judgment, complete or partial, there was a dispute over Respondents’ counsel representing their clients in matters adverse to Petitioner. Attorney Jason Tenenbaum had previously represented Petitioner in hundreds of No-Fault insurance actions. In a No-Fault insurance action by an individual seeking to recover lost wage benefits, the Appellate Division affirmed the trial court’s disqualification of Attorney Tenenbaum. “Here, the defendant established that counsel for the plaintiff had a prior attorneyclient relationship with the defendant, that the issues involved in his prior representation of the defendant were substantially related to the issues involved in his firm’s current representation of the plaintiff, and that the interests of the plaintiff and the defendant were materially adverse (see Rules of Prof Conduct [22 NYCRR 1200.0] rule 1.9; Delaney v. Roman, 175 AD3d at 650)” (Sakandar v. American Tr. Ins. Co., 217 AD3d 1005, 1006-1007 [2d Dept 2023]). Petitioner wrote letters dated November 15, 2023, to Roman Kravchenko, asking that he withdraw from representing the various Respondents (see Index No. 532051/2022 Doc No. 25; Index No. 500128/2023 Doc No. 26; Index No. 535310/2022 Doc No. 27.) The last motion in the three special proceedings, designated Motion Seq. 5, was one made by Petitioner via order to show cause. The proposed orders to show cause were submitted to the Court on December 7 and 8, 2023, and signed December 13, 2023 (see 532051/2022 Doc Nos. 35, 45; Index No. 500128/2023 Doc Nos. 36, 45; Index No. 535310/2022 Doc Nos. 38, 47). This trio of motions sought: 1. STAY the execution of the judgment pursuant to CPLR §2201, and 2. For a SATISFACTION OF JUDGMENT pursuant to CPLR §5020(a) and CPLR 5021(a)(2), and 3. Costs pursuant to 22 NYCRR 130.1.1 [actually 130-1.1] for causing Petitioner to have to file this application, and 4. For such other relief that this Court deems just and proper. (Index No. 532051/2022 Doc No. 45; Index No. 500128/2023 Doc No. 45; Index No. 535310/2022 Doc No. 47.) As it did regarding Motion Seq. 4 in each special proceeding, Petitioner’s motion papers in support of Motion Seq. 5 included, in each instance, the affidavit of merit from Madanawelly Armogan, the employee in its claims department who attested to Petitioner’s payments toward the respective judgment. Copies of cleared checks were again attached. Counsel’s affirmations claimed that the judgments were fully paid, Respondents did not provide a satisfaction of judgment or even a partial satisfaction of judgment, Respondents insisted on enforcing the information subpoena, and, upon information and belief, Respondents referred the matter to a marshal for collection. (See Index No. 532051/2022 Doc Nos. 37-39; Index No. 500128/2023 Doc Nos. 38-40; Index No. 535310/2022 Doc Nos. 39-41.) On January 17, 2024, this Court heard oral arguments in various special proceedings where American Transit Insurance Company was the Petitioner and Roman Kravchenko represented the respective Respondents. These three special proceedings herein were included among them. Motion Seqs. 4 and 5, as well as Motion Seq. 3, in these special proceedings were argued. Initially, decision was reserved. Later on, on March 26, 2024, the Court recalled that marking and adjourned the motions (also the Motion Seq. 3s, which were Respondents’ motions for contempt) to May 20, 2024 due to there being an issue in common with other cases, to wit, the disqualification of Respondents’ counsel sought by Petitioner: “The Court recalls the dispositions of reserved decision and submitted with respect to the nine motions herein, as indicated above, and the Clerk shall replace such dispositions with ones which adjourn the motions to May 20, 2024, at 10:00 a.m., the date on which the issue of disqualification of Respondents’ counsels had already been scheduled to be considered in the hearing to be conducted then” (Index No. 532051/2022 Doc No. 50; Index No. 500128/2023 Doc No. 50; Index No. 535310/2022 Doc No. 52). Faced with an impending hearing on May 20, 2024, Attorneys Kravchenko and Tenenbaum attempted to withdraw their contempt motions in letters sent to the Court on May 7, 2024 (see Index No. 532051/2022 Doc No. 53; Index No. 500128/2023 Doc No. 53; Index No. 535310/2022 Doc No. 55). On May 20, 2024, Petitioner and the respective Respondents appeared before the Court. Respondents withdrew Motion Seq. 3 in each special proceeding — the one seeking contempt against Petitioner for not responding to the respective information subpoenas (Index No. 532051/2022 Doc No. 60 at 4, 24, 31; Index No. 500128/2023 Doc No. 60 at 4, 24, 31; Index No. 535310/2022 Doc No. 62 at 4, 24, 31). After oral argument on Motion Seqs. 4 (for a protective order and to quash an information subpoena), and Motion Seqs. 5 (to stay judgment execution, direct a satisfaction of judgment, and for 22 NYCRR 130-1.1 costs), decision was reserved. Later in the day, on May 20, 2024, the three Respondents filed complete satisfactions of judgment (see Index No. 532051/2022 Doc No. 58; Index No. 500128/2023 Doc No. 58; Index No. 535310/2022 Doc No. 60). Arguments in Motion Papers As discussed supra at 11, Petitioner’s counsel’s affirmations in the three Motion Seq. 4s claimed that the judgments were fully paid, Respondents did not provide a satisfaction of judgment or even a partial satisfaction of judgment, Respondents insisted on enforcing the information subpoena, and, upon information and belief, Respondents referred the matter to a marshal for collection (see Index No. 532051/2022 Doc No. 28; Index No. 500128/2023 Doc No. 29; Index No. 535310/2022 Doc No. 30.) In opposition, Respondents’ counsel, Roman Kravchenko, submitted affirmations disputing the claim that Petitioner was entitled to a complete satisfaction of judgment. Still owed to the respective Respondents as of August 30, 2023 were $176.81, $65.60, and $13.92 in postjudgment interest, Petitioner should be held in contempt, and Respondents should be awarded an attorney’s fee for post-judgment work performed on the file, he maintained. (See Index No. 532051/2022 Doc No. 43; Index No. 500128/2023 Doc No. 44; Index No. 535310/2022 Doc No. 46.) In the three Motion Seq. 5s, Petitioner again related allegations contained in its Motion Seq. 4s’ affirmations, as well as additional ones:⁶ 14. Petitioner requested Respondent provide a satisfaction of judgment. Rather than provide said satisfaction as required by CPLR §5020(a), or even credit the payments made and exchange a partial satisfaction of judgment, Respondent refused and instead sought to enforce the subpoena and, upon information and belief, as he has done in other cases, referred the judgment to the Marshal for collection. 15. CPLR §5020(a) provides: §5020. Satisfaction-piece. (a) Generally. When a person entitled to enforce a judgment receives satisfaction or partial satisfaction of the judgment, he shall execute and file with the proper clerk pursuant to subdivision (a) of section 5021, a satisfaction-piece or partial satisfaction-piece acknowledged in the form required to entitle a deed to be recorded, which shall set forth the book and page where the judgment is docketed. A copy of the satisfaction-piece or partial satisfaction-piece filed with the clerk shall be mailed to the judgment debtor by the person entitled to enforce the judgment within ten days after the date of filing. 16. CPLR §5021(a)(2) provides: §5021. Entry of satisfaction. (a) Entry upon satisfaction-piece, court order, deposit into court, discharge of compounding joint debtor. The clerk of the court in which the judgment was entered or, in the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, such county clerk, shall make an entry of the satisfaction or partial satisfaction on the docket of the judgment upon: 1. the filing of a satisfaction-piece or partial satisfaction-piece; or 2. the order of the court, made upon motion with such notice to other persons as the court may require, when the judgment has been wholly or partially satisfied but the judgment debtor cannot furnish the clerk with a satisfaction-piece or partial satisfaction-piece; or…. 17. The judgment was clearly paid. Petitioner provided the checks and requested the Satisfaction of Judgment on numerous occasions. (see NYSCEF Doc ID 24 and 32 and the email attached hereto as Exhibit B) 18. Respondent failed to comply with the requirements of CPLR §5020(a) by failing to file the Satisfaction of Judgment with the clerk and by failing to exchange the Satisfaction with Petitioner. 19. Respondent has refused to acknowledge the payment without explanation. 20. It is respectfully requested that the Court order the Clerk of the Court to enter a Satisfaction of Judgment pursuant to CPLR §5021(a)(2). 21. Petitioner also requests costs pursuant to 22 NYCRR 130.1.1 [should read 130-1.1], which provides: (a) The court, in its discretion, may award to any party or attorney in any civil action or proceeding before the court, except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney’s fees, resulting from frivolous conduct as defined in this Part. In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart. This Part shall not apply to town or village courts, to proceedings in a small claims part of any court, or to proceedings in the Family Court commenced under article 3, 7 or 8 of the Family Court Act. (b) The court, as appropriate, may make such award of costs or impose such financial sanctions against either an attorney or a party to the litigation or against both. Where the award or sanction is against an attorney, it may be against the attorney personally or upon a partnership, firm, corporation, government agency, prosecutor’s office, legal aid society or public defender’s office with which the attorney is associated and that has appeared as attorney of record. The award or sanctions may be imposed upon any attorney appearing in the action or upon a partnership, firm or corporation with which the attorney is associated. (c) For purposes of this Part, conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false. 22. Counsel for Respondent is clearly harassing Petitioner. 23. As discussed on numerous occasions, Mr. Kravchenko’s business “partner1″, Jason Tenenbaum, Esq. used to represent Petitioner. He has some sort of vendetta against the company. 24. He was removed as counsel in at least one case because the Court found that he was using information he gained in his representation against American Transit in the lawsuit as attorney for American Transit’s adversary. (see Supreme Court, Queens County Index 707562/2019) The Appellate Division, Second Department upheld the order removing him as counsel. (See Sakandar v. Am. Transit Ins. Co., 217 A.D.3d [1005] (2d Dep’t 2023) 25. Mr. Tenenbaum, through his former employee and now “partner” Roman Kravchenko, Esq., has already harassed Petitioner on approximately 100 de novo actions by filing warrantless motion after motion requesting documents that are not relevant to the prosecution or defense of the action. 26. He has intentionally driven up the attorney fees on these de novo actions at the Court’s expense. 27. The information subpoena is just another tactic to harass Petitioner, his former client, as revenge for their falling out. 28. The Court agreed with Petitioner in a similar case involving similar circumstances. (see American Transit Insurance Company vs. YSC Trinity Acupuncture PC a/a/o Shaba Hill, Supreme Kings Index 502863/2022) 29. This Court has already determined that Respondent’s intentions by serving the subpoena and attempting to execute on the judgment after it was paid were done to harass Petitioner. (see Supreme Kings Index 502863/2022) There is no other explanation for their refusal to provide a Satisfaction of Judgment as required by CPLR §5020(a). 30. It should be noted that this is not the only case where counsel has sought to harass Petitioner by filing judgment on amounts already paid and attempting to execute on judgments that have been fully satisfied. The undersigned has 13 similarly situated cases with Motions for Contempt pending and recently received notice of another 20 cases where an information subpoena was served. 31. Respondent’s intention to harass is clear from Mr. Tenenbaum’s response to my recent email requesting a Satisfaction of Judgment. I explained in the email that he has an affirmative obligation to provide a Satisfaction of Judgment. Mr. Tenenbaum’s response was he would consider it if we settled all of the cases we have with his office (Mr. Kravchenko’s office) and that if we don’t settle “we [his office] will keep your [my] staff busy for the holidays and for the better part of next year.” (see attached at Exhibit B) 32. Respondent’s conduct is clearly harassing, repetitive and intentionally designed to waste our time and resources without any regard for the fact that he is doing the same to the Court. 33. As such, costs are warranted pursuant to 22 NYCRR 130.1.1 [actually 130-1.1]. 1 We use the term “partner” loosely. Mr. Kravchenko and Mr. Tenenbaum have testified that they are “partners” with respect to the petitions and de novos they handle against American Transit Insurance Company but we believe that Mr. Kravchenko is really an employee of Mr. Tenenbaum and that the Cross-Petitions and Answers are only filed in Mr. Kravchenko’s name to hide a conflict that Mr. Tenenbaum [has] with American Transit Ins. Co. (Index No. 532051/2022 Doc No. 37; Index No. 500128/2023 Doc No. 38; see Index No. 535310/2022 Doc No. 40.) In opposition to Petitioner’s Motion Seq. 5s in the three special proceedings, Respondents’ counsel, Roman Kravchenko, did not address the additional allegations contained in the affirmations of William Larkin offered on behalf of Petitioner. Rather, Attorney Kravchenko merely wrote in Index Nos. 532051/2022 and 500128/2023 as follows: 1. I am a member of Ronan [sic] Kravchenko, counsel for Respondent, of counsel to Russell Friend Law Group, LLP⁷ and, as such, am fully familiar with the facts and circumstances of the within matter. 2. I make this affirmation in opposition to the order to show cause. 3. We are relying upon our previously filed opposition to the motion to compel a satisfaction and in Reply to our contempt motion in herein opposing this order to show cause. (Index No. 532051/2022 Doc No. 46; Index No. 500128/2023 Doc No. 46.) In the third special proceeding, Attorney Kravchenko’s affirmation contained basically the same response: 1. I am a member of Roman Kravchenko, of counsel for Respondent and as such, am fully familiar with the facts and circumstances of this matter. 2. I make this affirmation in opposition to the order to show cause. 3. Our basis for opposing the order to show cause is found in our amended affirmation in opposition to the cross-motion seeking to quash the subpoena and compel issuance of a complete satisfaction of judgment. (Index No. 535310/2022 Doc No. 50.) Arguments Before the Court (A) January 17, 2024 On January 17, 2024, when various special proceedings were before this Court, Petitioner, by its attorney, Joseph P. Farrell, argued: I think you will see that a lot of what these cases all have is the same similar fact pattern. They are paid. No requests — we’re making requests for satisfactions of judgments, we are being told to file an order to show cause. They then are going to the Marshall and asking for the full amount of the bill even after payments are made. We’re being required to file order to show causes. And if you look they are paid. What is going on here, your Honor, and we can look at each one you will see it is going to have the same pattern, we’re creating work just to bill work. And it is very obvious what is going on when you see what is going on here. (Index No. 532051/2022 Doc No. 59 at 7; Index No. 500128/2023 Doc No. 59 at 7; Index No. 535310/2022 Doc No. 59 at 7) Attorney Kravchenko argued that there was a fundamental difference between Petitioner and respective Respondents as to how interest is calculated on judgments in No-Fault insurance cases. He maintained that whereas Petitioner believed it is 9 percent annually the No-Fault Insurance Law, in §5106 (a), provided for interest at 2 percent per month, thus superseding the general CPLR provision for 9 percent annually. (Id. at 13.) In terms of Petitioner’s contempt in Index No. 532051/2022, Attorney Kravchenko argued that since Petitioner owed $84.98, it was in contempt of court, warranting a $50.00 penalty. “And while conceding, of course, that American Transit at the very least isn’t due a partial satisfaction of judgment for the amounts that they paid but they still owe the $84″ (id. at 31). Asked why a partial satisfaction was not filed — the basis for Petitioner’s seeking to impose a penalty against Respondent’s attorneys — Attorney Kravchenko answered, “We don’t agree that we have done anything that should be sanctionable” (id. at 32). He added as an explanation for why no satisfaction was filed by him, “Because of the ongoing disagreement as to how the percentage is applied” (id. at 32). Asked by the Court whether one needs to know the exact amount still owed in order to issue a satisfaction once a check is received, Attorney Kravchenko claimed confusion when multiple checks are issued, as was the situation here. However, if full payment were made, then he withdraws (the subpoena or contempt motion) and files a satisfaction (see id. at 32-33). With the Court focusing on the issue of filing a partial satisfaction of judgment following receipt of any partial payment (“So if you get a couple of checks each time another check is issued don’t you think you have to file [a] partial satisfaction-piece?), Attorney Kravchenko conceded that one is entitled to a partial satisfaction (id. at 34). After earlier claiming that a difference of opinion in how interest is calculated led to no satisfaction being filed, he now claimed that it was due to “Difficulties of practice. Not intentional but it is difficult to — ” (id. at 34). Attorney Kravchenko stated that he did not recall Petitioner seeking a partial satisfaction anywhere except in motion papers, but the Court called his attention to Petitioner’s November 28, 2023 letter seeking it if Respondent thought any further money was due (see id. at 36-37). Kravchenko maintained that as long as none was requested, a partial satisfaction of judgment did not have to be filed (see id. at 39-40). This was even though, as the Court pointed out, the CPLR required it (see id. at 40). Attorney Farrell emphasized that while he was arguing interest should be calculated at 9 percent annually, Respondent refused to file a satisfaction of judgment. He took issue with Respondent’s treatment of the issue of the remaining amount claimed to be owed — that Respondent did not send a letter to collect the money, and went straight to an information subpoena for an amount owed which is now conceded to be $84.00. In other cases, Respondents represented by Attorney Kravchenko called in the marshal on the full amount owed, even if partially paid. (Id. at 47-50.) Attorney Farrell took issue with the strategy of Attorneys Kravchenko and Tenenbaum whereby Petitioner was compelled to go to court to fight information subpoenas and contempt motions over relatively small amounts rather than them sending a letter to Petitioner with the amount they claim was still owed (see id. at 52-53). Attorney Kravchenko conceded that “[T]his is the legal strategy of the Respondent’s counsel” (id. at 51-52). Attorney Farrell argued in support of Petitioner’s motion to quash the information subpoena and issue a protective order (Mot. Seq. 4) (see id. at 57). As for the motion to stay judgment execution, direct a satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (Motion Seq. 5), Attorney Farrell argued that he was still seeking a satisfaction of judgment on behalf of Respondent as well as a stay of execution. He also was seeking costs pursuant to 22 NYCRR 130-1.1. His firm charges Petitioner $210.00 per hour and close to three to four hours were spent. (See id. at 57-59.) Further, he added, [Y]ou have to add up the checks, get the affidavit, you have to write up, give the breakdowns, the dates of the checks and the payments and the math on these I would wish these were templated work. Unfortunately, your Honor, they are very intricate. You have to be very specific on the dates, the amounts, the judgment amounts, the differentiation between the interest of the attorneys fees and the bill. I can honestly say this was the kind of work that we can only do department level at the firm because if you didn’t know no-fault well enough, you wouldn’t be able to grasp some of the concepts that we had to apply to the templates. You will see a lot of math and broken down work has to be done. (Id. at 59.) Attorney Farrell emphasized that it burdens the Court to have to deal with an order to show cause every time someone has a dispute over less than $100.00 or 5 percent of a bill. It is burdensome to have to go to Court instead of receiving a satisfaction of judgment. (See id. at 60.) “I don’t think [the Court] is to hear $84 is owed on a $7,000 bill that nothing was done to really collect” (id. at 61). The Respondents represented by Attorneys Kravchenko and Tenenbaum are the first to challenge the interest paid. “This is in essence where there’s two routes here, your Honor, one route is to be amicable, send a letter. The other route is — creates work, creates legal fees, creates — just the route we’re taking just mysteriously creates an attorney fee that he is asking for. The other route that is taken he is more effective but that doesn’t give him attorney fees.” (Id. at 61.) Attorney Kravchenko concluded with respect to Index No. 532051/2022: First of all, as far as all actions taken by myself and attorneys that work with me on these cases, I fully stand behind our conduct and actions as being meritorious, lawful and reasonable under the circumstances. American Transit is not an individual person who is unrepresented, they are a sophisticated party, taking sophisticated legal positions in order to achieve a goal which is to pay as little as possible of what they actually do owe. And at any rate we — our strategy in getting American Transit to pay what it does owe is meritorious, lawful and reasonable. (Id. at 63.) As for Index No. 500128/2023, the arguments were the same but Attorney Farrell still maintained that a partial satisfaction of judgment, if not a complete one, should have been issued and that 22 NYCRR costs should still be imposed (see Index No. 500128/2023 Doc No. 59 at 70-77). Finally, on January 17, 2024, the Court dealt with Index No. 535310/2022. Here, Attorney Farrell added: This case will show you exactly why a letter should have been mailed with the exact terms of what was owed. I’m sorry, but to tell my client you owe money, question mark. There’s not much more than a contentious relationship with Counsel of the other side. You can see by the amount of volume of paperwork that is before you today, that this not something where no-fault specifically says should not be adversarial. I can’t think anything more adversarial than to make someone spend legal fees, time and effort for $13. If a letter was sent to my client saying you owe $13 instead of an information subpoena, I think this would have taken a completely different route. In total we argued today over on Plaintiff saying he is owed about $300. You have seen 22 motions, you have seen three hours — (Index No. 535310/2022 Doc No. 61 at 80.) Further emphasizing what he described as wasting time, Attorney Farrell stated: Your Honor, we were still here on them. I had to still appear on them. You still had to be here and read them into the record. The whole morning was wasted on $300. It just behooves this kind of conduct for an attorney. Mr. Kravchenko not a rookie attorney, he has been doing this for a long time. I would think his experience level would be able to find a way to collect this money without taking this route. Mysteriously this route has led to him collecting attorney fees. A letter. All collection work begins with a letter 30 days notice. I don’t see why this collection didn’t take that route at all. (Id. at 81.) As for a satisfaction of judgment, Attorney Farrell requested that the branch of one of Petitioner’s motions seeking it (Motion Seq. 5) should be granted. Of Attorney Tenenbaum’s attitude, he said, Mr. Tannenbaum⁸ laughed at it. Mr. Tannenbaum the e-mail and letter said, you know, oh, okay, we pleaded for in his letter. We sent to them the consequences. He said he was fine with it. I don’t think the Court should condone this kind of behavior. A satisfaction of judgment is not optional. It should have been given as soon as it was asked for in recognition of the money that was paid. The applicant — you didn’t see it in this case, but in other cases in the past has gone to the Marshall with this. And the fear that my client had that he would go to the Marshall, must be understood by this Court. There’s no reason why he could — he could give this Court why a satisfaction wasn’t given except to say that, you know, it just wasn’t in his legal strategy. (Id. at 83.) On that subject, Mr. Farrell added later on: Mr. Tannenbaum, as told to you, Mr. Tannenbaum’s is hand-in-hand in this. Mr. Tannenbaum has been disqualified against American Transit. It seems to be a vendetta against American Transit. It seems to be this idea — that Mr. Tannenbaum has gone on social media and taken checks that he has received from American Transit and posted them. Hey, look what I got in cases. It has become quite interesting how Mr. Tannenbaum and Mr. Kravchenko — he said to you he is going to fight for every dollar that American Transit has. Well, that’s why he didn’t give the satisfaction of judgment. That’s why we have to worry that he is going to go to the Marshall. It is unconscionable to receive money and not credit that money as paid and to give an indication to the other side how much you are owed before going to the Court. My client received nothing that said that this payment is wrong. You owe us this much more. What they received was an information subpoena. What they received was a motion to be held in contempt. Okay, nothing was done — there was never a letter saying your calculation was this, my calculation was this, you owe this amount. (Id. at 89.) Attorney Kravchenko in turn criticized Petitioner for filing Article 75 proceedings to vacate arbitration awards: American Transit alleging that the situation should be non-adversarial is deeply sad for many respects given that they filed master arbitrations on all or a substantial majority or portion at any rate or the arbitrations that they filed that they then even on issues of medical necessity, which are clearly not going to be overturned by a Master, flood the Courts with hundreds, if not thousands, yearly petitions, trial de nova’s as a transparent attempt to not pay arbitrations which would never be reversed under any situation, only the — the only strategy for doing so is to bully under-supplied no-fault arbitration attorneys who have no recourse really other than to either settle for pennies on the dollar or else to retain me to represent their interest because I am the only person that is going to hold American Transit to account for every penny that they owe. And the Court can see transparently that American Transit knowing that their position is completely ludicrous, will just send a — short change you by a couple of bucks and say you just have to eat it, so it is entirely reasonable for myself and for the people that work with me to hold American Transit to account in the way that we have. (Id. at 84.) The Court asked of Attorney Kravchenko a question which gets to the heart of the dispute between Petitioner and Respondents represented by Attorneys Kravchenko and Tenenbaum: Is it your position, Mr. Kravchenko, that — you see, it is you, I can’t say your client, you are being criticized for pursuing this line of legal strategy for relatively small dollar amounts, is it your position that that strategy is justified in light of American Transit’s issuance of repeated denials — denials of claims and then after losing an arbitration pursuing — pursuing Master Arbitration and Article 75′s? (Id. at 86.) Attorney Kravchenko responded: “Your Honor, yes, and not only is it justified in theory, but it is proven in result. Mr. Farrell’s firm no longer files trial de novo’s because I move to defend them” (id. at 86). He answered the Court’s hypothetical question whether an information subpoena was justified for a debt of five cents with a “Yes” (id. at 90). (B) May 20, 2024 The three subject special proceedings appeared again on the Court’s calendar of May 20, 2024, to deal with the three motions within them (Motion Seqs. 3, 4, and 5) along with other cases where Petitioner and Respondents-clients of Attorneys Kravchenko and Tenenbaum disputed matters. Insofar as the three subject special proceedings are concerned, the respective Respondents withdrew Motion Seq. 3, which sought a contempt finding against Petitioner (see Index No. 532051/2022 Doc No. 60 at 4, 24, 31; Index No. 500128/2023 Doc No. 60 at 4, 24, 31; Index No. 535310/2022 Doc No. 62 at 4, 24, 31. Remaining were Petitioner’s motions for a protective order and to quash an information subpoena (Motion Seq. 4 in each one), and to stay judgment execution, direct a satisfaction of judgment, and for 22 NYCRR 130-1.1 costs (Motion Seq. 5 in each one). In Index No. 532051/2022, Attorney Jason Tenenbaum stated: “[The judgment] was paid. There was an issue as to post-judgment interest, that two percent per month versus nine percent per year. But we are withdrawing the application and, on the record, stating that the judgment, for purposes of today, has been paid, and there’s no other action left on this case.” (Id. at 5.) He withdrew the information subpoena “if it is indeed, outstanding” (id. at 5-6). Counsel for Petitioner objected to Respondent’s withdrawing the subpoena in Index No. 532051/2022 because Attorney Tenenbaum had not yet issued a satisfaction of judgment, and she still wanted attorney’s fees (see id. at 6). The Court noted that “costs” as defined in 22 NYCRR 130-1.1 included sanctions in addition to attorney’s fees (id. at 7, 27). Attorney Tenenbaum responded that his client’s motion “has merit, and, if it were to be decided, would likely prevail, so it was not frivolous” (id. at 8). He claimed that “probably about $10 or $15 was owed,” and that he pursued this to make sure that the two-percent interest is faithfully paid, Judge. That’s something that the insurance company should be doing when they’re paying judgments and paying overdue benefits. And in fact, Judge, we’ve succeeded, because based upon the recent checks we’ve received, American Transit does pay the two percent. So these applications have, at least from a company policy, of succeeding, ensuring that American Transit’s in compliance with the regulation and the Appellate Division and Appellate Term Second Department case law. (Id. at 9.) Petitioner’s counsel countered that “So for him, today, still not having filed a satisfaction of judgment, to come before the Court today to say it’s because of interest — I find that to be frivolous, in fact” (id. at 11). Attorney Tenenbaum agreed that a CPLR 5020 satisfaction of judgment has to be provided when there is either a partial payment or full payment of a judgment (see id. at 12). Attorney Tenenbaum disagreed that 22 NYCRR 130-1.1 costs should be imposed for not having filed a satisfaction — not even a partial satisfaction. “But the response to the order to show cause agreed there’s contentions. To the extent that a partial satisfaction was not issued, that was an oversight, Judge. But we clearly, upon receipt of the papers, agreed with the contention that payment was received, Judge.” (Id. at 12.) It was even after January 17, 2024, when the Court went through the math with the parties in terms of what was still owed, and still, as of May 20, 2024, that there was no partial satisfaction filed “for the amount that they paid, even after this was an issue that was discussed on January 17″ (id. at 13). “Well, Judge, that issue was not raised to me,” replied Attorney Tenenbaum. “We have issued scores of satisfaction for American Transit cases which we are handling. So this would be an outlier, Judge. But the majority of them — almost all of the payments have been made at this juncture, satisfactions have been made. And like I said, we would do it by the end of business today, Judge.” (Id. at 13.) There ensued the following colloquy: THE COURT: They were entitled for four months to have a satisfaction filed. MR. TENENBAUM: I understand, Judge. But there wouldn’t be any prejudice to the extent that any judgment that was issued was stayed. THE COURT: But they had to come here today to pursue this to get a satisfaction. MR. TENENBAUM: Judge, again, what I’m indicating to you is that it will be issued today. And we were here on a whole litany of issues, also, Judge. (Id. at 13-14.) Petitioner’s counsel emphasized that in all three cases the situation was the same: So I would like to raise the fact that this isn’t just a slight oversight, the fact that Counsel was given a letter requesting that he withdraw, given the copy of the checks in this case, was told that, you know, they had, in fact, been paid, and still today no judgment. We even asked that they file partial satisfaction of judgment for the amounts paid and those were, in fact, not even entered. (Id. at 15.) Attorney Tenenbaum charged anywhere from $350.00 an hour to $500.00, depending on the type of work (see id. at 15). Attorney Joseph Farrell said he charged Petitioner $210.00 an hour (see id. at 20). Attorney Farrell stated that the work involved here would require an affidavit. An affidavit would require that to be drafted and then sent to the client to be proofread and then executed. That alone could take, possibly, two to three hours. It has to be drafted from scratch. And if you look at these particular ones, the affidavits were very, very particular as to check numbers, check times, check dates. These were not just templated. These all had to be drafted from scratch. Further than the affidavit, that motion would be done in order to show cause. The order to show cause would have to be filed with the court, a copy would then have to be taken and served, and there would be costs incurred. I would say that a minimum of eight to ten hours would be a minimum of what these would entail as far as between the service, between the drafting, and, you know, the e-mails going back and forth as far the, you know, the particularities, the checks that have to be acquired, the foundations that have to be laid for the checks. This was not simple work by any means. And at the end of it all, at every motion, we requested just to get a satisfaction of judgment. We asked for that before we underwent any of this work. And it all could have not been performed if we got that satisfaction of judgment at that time. (Id. at 16-17.) When the Court raised an issue of repetitiveness in the papers submitted, Attorney Farrell responded: Your Honor, for most of no fault, I would agree with you. The only reason I would disagree with you is these have specific check numbers and dates and payments. These were not something that is — all of them were different. The math that had to be done — you had to sit down in the same way we did it on those days and we had to work out the math, and that had to be done on these. These were not templated work. These were done with particularity. Because, again, the burden was on us to establish the dates that these payments were made, how much they were made, and how it was broken up. That did not lend itself to templated work, your Honor. (Id. at 17-18.) Pressed by the Court, Attorney Farrell said that six to eight hours would have been spent on Motion Seqs. 4 and 5 (see id. at 19). Attorney Tenenbaum claimed that one hour would be more accurate (see id. at 20). Then he conceded, “Maybe three hours, Judge” (id. at 21). Again, with regard to not having any satisfaction of judgment, “Final words, Mr. Tenenbaum, on not having filed a satisfaction after payments were made in August of 2023 up to today, May 20, 2024, and four months past the hearing that we had on the motions in January? Any final words as to why the satisfaction — a partial satisfaction was not filed?” Attorney Tenenbaum answered, “All I can indicate, Judge, is we’ll file it by the end of business today. And there’s been no objection to that. That’s my final word.” (Id. at 21.) The next case that was dealt with was Index No. 500128/2023. MR. TENENBAUM: Your Honor, it was the same issue as the prior case where it’s two-percent post-judgment interest that runs on the judgment. And, again, up until recently, American Transit only paid judgment rate interest at best. So I do not believe that our application is frivolous in that we were underpaid a sum of money that would be set forth in the motion papers that were previously argued by Mr. Kravchenko on January — the date that was earlier this year. To the extent — (Id. at 25.) Attorney Tenenbaum estimated that $10.00 or $15.00 was owed, but that it could be as much as $50.00 (see id. at 26): I would estimate that would be the sum. Because my recollection is that was — with the exception of only one case that’s not before this Court, that was roughly the sums of money were underpaid. It could be as much as $50. But the majority were $10 to $15. (Id. at 26.) Petitioner’s counsel emphasized again, as in the prior case, that I just want to, again, reiterate to the Court that on September 26th, 2023, well after these payments were issued, a letter was issued, again, to Mr. Tenenbaum and Mr. Kravchenko, requesting that they withdraw their contempt motion and that was not done. To this day, no satisfaction of judgment was done. At that time when the letter was issued, the checks were provided to Counsel, and they were fully aware that this judgment was more than satisfied. (Id. at 27.) Attorney Farrell estimated time spent as six hours (see id. at 27): And, your Honor, that would entail — because the affidavit would have to be done on top of the fact that you have to get the math and all that kind of stuff. Affidavits have to go back and forth, they have to be proofread, they have to be drafted from scratch, a lot of it with the math. And further, with the service, that kind of adds a little bit more to just the drafting of the papers. This entailed more than just drafting. You have to serve and you have to serve different entities. There’s just a little more to it than just the affidavits being sent back and forth. (Id. at 27-28.) Attorney Tenenbaum maintained with respect to this case, Again, your Honor, in light of the fact that there was outstanding interest that was outstanding, I do believe that our application had merit. I don’t believe that anything that our firm did lacked merit or was frivolous. The issue we’re having here was the lack of filing a partial satisfaction. But in terms of the application before this Court, nothing we did was frivolous. And, again, we did the math and came to a total in our papers. (Id. at 28-29.) Asking for a response to an information subpoena for $50.00 was appropriate, claimed Attorney Tenenbaum (see id. at 29). Petitioner replied that Attorney Tenenbaum was at fault for not sending a letter asking for the $50.00 before issuing the information subpoena (see id. at 29). Finally, the Court dealt with Index No. 535310/2022. Petitioner’s counsel argued: Well, I would like to say, as in the prior two matters, once again, counsel — Mr. Tenenbaum was well aware that the checks had, in fact, been issued. He, in fact, negotiated those checks. He also received a letter asking him to withdraw his motion and he failed to do so. He also failed to file either a satisfaction of judgment in full or partial. You know, the definition of frivolous here is the intent to harass, and we believe that his filing of his motions with the information on the subpoenas was nothing more than to harass his prior client. And we’d like to bring that to the Court’s attention, especially since they have not filed a satisfaction of judgment through today’s date after being told by the Court back in January that that was, in fact, something they should do, and, in fact, that they should have filed them when they received a letter from Counsel without having Counsel pursue these motions. (Id. at 32.) According to Attorney Tenenbaum, “Ballpark figure, between $10 and $20, most likely” was owed. “Could be more. Probably wasn’t less.” (Id. at 33.) Attorney Joseph Farrell estimated time spent as five hours at $210.00 an hour (see id. at 33). Attorney Tenenbaum thought three hours was more appropriate (see id. at 34). Discussion In each of the three special proceedings, Motion Seq. 4, filed by Petitioner, sought a protective order regarding the respective information subpoena pursuant to CPLR 3103 or to quash it pursuant to CPLR 2304 (see Index No. 532051/2022 Doc No. 27; Index No. 500128/2023 Doc No. 28; Index No. 535310/2022 Doc No. 29). Attorney Tenenbaum represented to the Court on May 20, 2024 that the information subpoena in Index No. 532051/2022 was being withdrawn “if it is indeed, outstanding” (Index No. 532051/2022 Doc No. 60 at 5-6; Index No. 500128/2023 Doc No. 60 at 5-6; Index No. 535310/2022 Doc No. 62 at 5-6), as related supra at 29. He did not make the same representation with respect to Index Nos. 500128/2023 and 535310/2022. Perhaps he forgot to do so or assumed that his statement applied to all three information subpoenas. In any event, the Court views the issue as academic inasmuch as complete satisfactions were filed by the respective Respondents in all three cases. Counsel for Petitioner objected to Respondent’s withdrawing the subpoena in Index No. 532051/2022 because Attorney Tenenbaum had not yet issued a satisfaction of judgment, and she still wanted costs (see supra at 29). However, by now the satisfactions have been filed (see Index No. 532051/2022 Doc No. 58; Index No. 500128/2023 Doc No. 58; Index No. 535310/2022 Doc No. 60). The issue of costs still remains regardless of whether the information subpoenas were withdrawn or not. “Typically, the doctrine of mootness is invoked where a change in circumstances prevents a court from rendering a decision that would effectively determine an actual controversy (see Karger, Powers of the New York Court of Appeals §71[a], at 426-429 [3d ed.])” (Dreikausen v. Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]). Since Respondents have acknowledged that the judgments were satisfied, there is no need to issue a protective order to Petitioner concerning the information subpoenas, and nothing would be accomplished by quashing the now-academic subpoenas. In each proceeding, Motion Seq. 4 is denied. In each of the three special proceedings, Motion Seq. 5 sought in part to stay execution of the respective judgment pursuant to CPLR 2201 and to direct Respondent to file a satisfaction of judgment pursuant to CPLR 5020 (a) and 5021 (a) (2) (see Index No. 532051/2022 Doc No. 45; Index No. 500128/2023 Doc No. 45; Index No. 535310/2022 Doc No. 47). These requests too are academic as satisfactions of judgment were filed by Respondents. Those branches of Motion Seq. 5 seeking such relief are denied. Remaining for disposition are those branches of Petitioner’s motions (Motion Seq. 5, brought on by order to show cause, in each special proceeding), for the imposition of “Costs pursuant to 22 NYCRR 130.1.1 [actually 130-1.1] for causing Petitioner to have to file this application” (id. at 1). Said provision of the Rules of the Chief Administrator of the Courts provides in pertinent part as follows: Section 130-1.1. Costs; sanctions (a) The court, in its discretion, may award to any party or attorney in any civil action or proceeding before the court, except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney’s fees, resulting from frivolous conduct as defined in this Part. In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart. This Part shall not apply to town or village courts, to proceedings in a small claims part of any court, or to proceedings in the Family Court commenced under article 3, 7 or 8 of the Family Court Act. (b) The court, as appropriate, may make such award of costs or impose such financial sanctions against either an attorney or a party to the litigation or against both. Where the award or sanction is against an attorney, it may be against the attorney personally or upon a partnership, firm, corporation, government agency, prosecutor’s office, legal aid society or public defender’s office with which the attorney is associated and that has appeared as attorney of record. The award or sanctions may be imposed upon any attorney appearing in the action or upon a partnership, firm or corporation with which the attorney is associated. (c) For purposes of this Part, conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false. Frivolous conduct shall include the making of a frivolous motion for costs or sanctions under this section. In determining whether the conduct undertaken was frivolous, the court shall consider, among other issues the circumstances under which the conduct took place, including the time available for investigating the legal or factual basis of the conduct, and whether or not the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party. (d) An award of costs or the imposition of sanctions may be made either upon motion in compliance with CPLR 2214 or 2215 or upon the court’s own initiative, after a reasonable opportunity to be heard. The form of the hearing shall depend upon the nature of the conduct and the circumstances of the case. (Rules of Chief Admr of Cts [22 NYCRR] §130-1.1.) Further relevant are the provisions of the following sections of 22 NYCRR Subpart Part 130-1: Section 130-1.2. Order awarding costs or imposing sanctions The court may award costs or impose sanctions or both only upon a written decision setting forth the conduct on which the award or imposition is based, the reasons why the court found the conduct to be frivolous, and the reasons why the court found the amount awarded or imposed to be appropriate. An award of costs or the imposition of sanctions or both shall be entered as a judgment of the court. In no event shall the amount of sanctions imposed exceed $10,000 for any single occurrence of frivolous conduct. Section 130-1.3. Payment of sanctions Payments of sanctions by an attorney shall be deposited with the Lawyers’ Fund for Client Protection established pursuant to section 97-t of the State Finance Law. Payments of sanctions by a party who is not an attorney shall be deposited with the clerk of the court for transmittal to the Commissioner of Taxation and Finance. The court shall give notice to the Lawyers’ Fund of awards of sanctions payable to the fund by sending a copy of the order awarding sanctions, or by sending other appropriate notice, to the Lawyers’ Fund for Client Protection, 119 Washington Avenue, Albany, NY 12210. (Id. §§130-1.2; 130-1.3.) In reviewing appellate case law, this Court endeavored to locate precedent on the issue of whether §130-1.1. costs should be imposed as a consequence of failing to issue satisfactions of judgment. In Solow v. Bethlehem Steel Corp. (204 AD2d 227 [1st Dept 1994]), the Court held, “Nor do we find that an award of attorney’s fees was warranted by appellant’s refusal to issue an immediate Satisfaction of Judgment in exchange for uncertified checks. Indeed, the acceptance by an attorney of uncertified checks would, under the circumstances of this case, have been most surprising, particularly in light of respondent’s failure to offer any explanation for its failure to have the checks certified.” Unlike in Solow, where the judgment creditor delayed filing a satisfactory judgment until the judgment debtor’s uncertified checks had cleared, here Respondents’ counsel never issued partial satisfactions of judgment after the checks cleared and, complete satisfactions of judgment were not issued until after the second court hearing was held eight months after the last payment. Thus, in the absence of guidance from appellate authority directly on point with respect to §130-1.1 costs, this Court must determine whether, the failure of Respondents’ counsel to issue partial satisfactions of judgment constituted frivolous conduct, within the meaning of §130-1.1. In doing so, this Court notes that issuing a partial satisfaction of judgment is not discretionary. As CPLR 5020 (a) provides: “When a person entitled to enforce a judgment receives satisfaction or partial satisfaction of the judgment, he shall execute and file with the proper clerk pursuant to subdivision (a) of section 5021, a satisfaction-piece or partial satisfaction-piece acknowledged in the form required to entitle a deed to be recorded, which shall set forth the book and page where the judgment is docketed. A copy of the satisfaction-piece or partial satisfaction-piece filed with the clerk shall be mailed to the judgment debtor by the person entitled to enforce the judgment within ten days after the date of filing.” “Since it is undisputed that the bank has successfully collected an amount of money toward the judgment, the appellants are entitled to a partial satisfaction-piece in that amount (see generally, 5 Weinstein-Korn-Miller, NY Civ Prac