AFFIDAVIT (Motion #003) - Sanford Affidavit in Support of Motion Seq. #003 July 27, 2021 (2024)

On June 04, 2018 aExhibit,Appendixwas filedinvolving a dispute betweenMichael Knopf,Norma Knopf,andMichael H. Sanford,Pursuit Holdings, Llc,for Commercial - Business Entityin the District Court of New York County.

 
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 FILED: NEW YORK COUNTY CLERK 07/27/2021 12:06 PM INDEX NO. 652743/2018NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 07/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________-------- ---------------------------X NORMA KNOPF and MICHAEL KNOPF, : : Index No. 652743/2018 Petitioners, : : Hon. Gerald Lebovits v. : : MICHAEL H. SANFORD and PURSUIT : HOLDINGS, LLC, : Oral Argument Requested : Respondents. : x STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) AFFIDAVIT OF MICHAEL HAYDEN SANFORD ATTACHING EXHIBITS IN SUPPORT OF MOTION TO QUASH I, Michael Hayden Sanford, being duly sworn, states under penalty of perjury that: ("Sanford" 1. I or "I") appear pro se in the above proceeding. I have personal knowledge of the facts and procedural history described herein. 2. Sanford moves, pursuant to CPLR §§ 2304, 3103 and the Court's inherent authority ("Motion to Quash"), for (i.) a protective Order and (ii.) an Order quashing, fixing conditions or modifying a non-judicial subpoena ("Subpoena") (Ex. A) issued by Eric W. Berry of Berry Law, PLLC ("Berry") upon AT&T Mobility Global Legal Demand Center ("AT&T GLDC"). ANNEXED EXHIBITS [ ] Ex. A 07-01-21 Subpoena for Sanford's phone records to enforce Judgment [ ] Ex. B 01-25-20 Executed Stipulation Vacating Knopf Judgment against Sanford [ ] Ex. C 11-01-19 Executed Agreement between the Knopfs, Berry and Sanford 1 of 3FILED: NEW YORK COUNTY CLERK 07/27/2021 12:06 PM INDEX NO. 652743/2018NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 07/27/2021 3. The Subpoena was issued on behalf of Norma and Michael Knopf, who is enforcement" in fact deceased, to obtain "information material and necessary to the of judgment" debtor." a "March 6, 2019 against "Michael H. Sanford, judgment (Ex. A) 5224(a)(2)," 4. The Subpoena, "pursuant to CPLR was certified by Eric W. Berry of Berry Law, PLLC on July 1, 2021 as complying with Rule 5224 of the New York State Civil Practice Law and Rules ("CPLR"). 5. The information sought in the Subpoena is overbroad, unnecessary and "$10,445,420.42" irrelevant for collection against a debt, Id., if such debt even existed. 6. The Subpoena seeks highly personal information that serves no purpose other than to harass me, my friends, family and those whom I have worked with and impermissibly intrudes into my personal affairs and the affairs of my companies. 7. The Subpoena could not be legitimately used as an enforcement tool concerning the so described judgment (the "Knopf Judgment") because the Knopfs, and their counsel Eric W. Berry ("Berry"), contractually stipulated on January 25, consent." 2021 that the Knopf Judgment is "hereby vacated on Ex. B. 8. The Knopfs and Berry further agreed on November 1, 2019 that (A) Immediately following the completion of Sanford's deposition on November 1, 2019, the Knopfs will terminate and forever cease all efforts to enforce the judgment entered against Sanford personally on March 6, 2019 in favor of the Knopfs in the veil-piercing action entitled Knopf v. Sanford, Judgment" New York County Index No. 652743/2018 ("the ). (Ex. C)(emphasis added) 9. The Subpoena - - years of Sanford's phone records - - should be seeking quashed in its entirety and a protective Order issued that protects his right to privacy. 2 of 3FILED: NEW YORK COUNTY CLERK 07/27/2021 12:06 PM INDEX NO. 652743/2018NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 07/27/2021 Dated: Montauk, New York July 13, 2021 Michael Hayden(Sanford Sworn to before me this JILL M. RAMUNDO day of July, 2021 NOTARY PUBLIC, STATE OF NEW YORK Registration No.01RA6123311 QUALIFIED IN SUFFOLK COUNTY , Commission Expires MARCH 07, 20_4 Notary Public 3 of 3