Order | Filed: July 07, 2026
| Entered: July 07, 2026
Khotovitskaya v. Shimunov et al
Negotiable Instrument | New York Eastern
Order on Motion for Leave to File
ORDER: The Court is in receipt of Plaintiff/Judgment Creditor Elena Khotovitskaya's motion for leave to file documents 78 , requesting "a prompt post-judgment discovery conference and/or an Order authorizing motion practice and setting a briefing schedule to compel compliance by five non-party recipients of CPLR 5224 Information Subpoenas issued in aid of execution under Fed. R. Civ. P. 69(a)(2)." Mot., ECF 78 , at 1.
Federal Rule of Civil Procedure 69 "allows for enforcement of a money judgment, by writ of execution, in accordance with the procedure of the state where the court is located." Giuliano v. N.B. Marble Granite, No. 11-MD-0753 (JG) (VMS), 2014 WL 2805100, at *3 (E.D.N.Y. June 20, 2014). In New York State, N.Y. C.P.L.R. § 5223 allows a judgment creditor to "'compel disclosure of all matter relevant to the satisfaction of the judgment, by serving upon any person a subpoena'" without a court order; failure to comply with a subpoena issued by an attorney "may be deemed a contempt of court punishable by monetary sanctions." Jacobson v. Moller & Moller, Inc., No. 02-CV-6316 (ERK) (MDG), 2007 WL 1989260, at *1 (E.D.N.Y. July 5, 2007) (quoting N.Y. C.P.L.R. § 5223); see N.Y. C.P.L.R. §§ 5223, 5224 (permitting the issuance of an information subpoena on third parties who may have information relevant to enforcement of the judgment), 2302(a) (allowing attorneys to issue such subpoenas); 2308 (discussing enforcement of such subpoenas); see also Giuliano, 2014 WL 2805100, at *5 (observing that "[a]though New York State law guides the enforcement of the information subpoena, federal standards govern the determination of contempt").
State law provides that an information subpoena must be "accompanied by a copy and original of written questions and a prepaid, addressed return envelope" and may be served "by registered or certified mail, return receipt requested." N.Y. C.P.L.R. § 5224(a)(3). An individual other than the judgment debtor may be served with an information subpoena "only if the judgment creditor or the judgment creditor's attorney has a reasonable belief that the party receiving the subpoena has in their possession information about the debtor that will assist the creditor in collecting his or her judgment." Id. § 5224(a)(3)(i); see also Wagner v. Chiari & Ilecki, LLP , 973 F.3d 154, 157 (2d Cir. 2020). Any subpoena served upon an individual other than the judgment debtor must include a certification of compliance with both the Civil Practice Law and Rules and the General Business Law. N.Y. C.P.L.R. § 5224(a)(3)(i); Giuliano, 2014 WL 2805100, at *4. "If the recipient of an information subpoena fails to respond within seven days, N.Y. C.P.L.R. § 2308(b)(1) allows a court to order compliance." Fed. Ins. Co. v. CAC of NY, Inc., No. 14-CV-4132 (DRH) (SIL), 2015 WL 5190850, at *2 (E.D.N.Y. Sept. 4, 2015).
Importantly, "[a]ctual receipt of the subpoena is necessary, not only for compliance, but as a predicate for a contempt if non-compliance is alleged." Metro. Life Ins. Co. v. Young , 596 N.Y.S.2d 653, 654 (N.Y. City Civ. Ct. 1993); see Cadlerock Joint Venture, L.P. v. Adon Fruits & Vegetables Inc., No. 09-CV-2507 (RRM) (RER), 2010 WL 2346283, at *2 (E.D.N.Y. Apr. 21, 2010) (observing that "if a subpoena has not been properly served upon a person, he cannot be held in contempt for failure to comply with such subpoena"), report and recommendation adopted, 2010 WL 2346276 (E.D.N.Y. June 8, 2010).
Here, Plaintiff's information subpoenas are directed to (1) Jacobs PC; (2) New YorkPresbyterian Queens; (3) All Care Family Medicine, P.C.; (4) Gangnadeep Singh; and (5) Ahmad Masoud / IRCM, Inc. (the "Non-Party Recipients"). See Mot., ECF 78, at 1. Plaintiff has provided an affirmation of service and declaration of mailing, attesting that the information subpoenas and the firm's final demand for compliance and a copy of the information subpoenas were mailed to the Non-Party Recipients via Certified Mail with certain tracking numbers; the affidavits are silent as to whether the subpoenas were sent return receipt requested or whether the mailings otherwise complied with the specific requirements of N.Y. C.P.L.R. § 5224(a)(3) detailed above. SeeAff. of Service, ECF 78-1, at ECF pp. 1-3; Decl. of Mailing, ECF 78-2, at ECF pp. 1-3. In that same vein, Plaintiff has not provided evidence that any USPS return receipts were requested or have been received, as is required by the C.P.L.R. Moreover, the Court's own investigation of the associ... (truncated)