### Matter of Supplementary Proceedings Michael Page Intl., Inc. v Amazon.com Sales, Inc. 2024 NY Slip Op 31246(U) April 9, 2024 Supreme Court, New York County Docket Number: Index No. 654656/2023 Judge: Judy H. Kim Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York State and local government sources, including the New

York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.NYSCEF DOC. NO. 23 INDEX NO. 654656/2023 RECEIVED NYSCEF: 04/09/2024 

### SUPREME COURT OF THE STATE OF NEWYORK NEWYORK COUNTY PRESENT: HON. JUDY H. KIM Justice ,---X IN THE MATTER OF SUPPLEMENTARY PROCEEDINGS MICHAEL PAGE INTERNATIONAL, INC., Petitioner,

- V - AMAZON.COM SALES, INC., DEEJAYZOO, LLC d/b/a SHHHOWERCAP, Respondent. --------------------------------------------X PART
INDEX NO. 654656/2023 MOTION DATE 09/25/2023 MOTION SEQ. NO. 001
DECISION + ORDER ON MOTION 04

The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 were read on this motion for TURNOVER PROCEEDING
Upon the foregoing documents, the petition is denied and dismissed for the reasons set forth below. On July 19, 2022, petitioner obtained a moneyjudgment in the sum of$15,895.74 against Deejayzoo LLC d/b/a SHHHOWERCAP ("Deejayzoo") inNewYorkCity Civil Court,NewYork County (the "Judgment") (NYSCEF Doc. No. 4). Petitioner subsequently served an information subpoena and restraining notice upon "Amazon" at 450 W 33 rd Street, New York, New York (NYSCEF Doc. No. 17) to which Amazon.com, Inc. responded onJuly 20, 2023. In thatresponse, Amazon objected to the subpoena on various grounds, including that it was "issued to and purportedly served on 'Amazon' whichis not currently an active legal entity" but statedthat ithad "searched its records with the information provided and located one seller account containing $2,653.46 (subject to change based on fees, returns, refunds, chargebacks, and other contractual obligations)" (NYSCEF Doc. No. 18).

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### [* 1]NYSCEF DOC. NO. 23 INDEX NO. 654656/2023 RECEIVED NYSCEF: 04/09/2024

On September 22, 2023, petitioner commenced this special proceeding, nammg "Amazon.com Sales Inc." as respondent and Deejayzoo as respondent/judgment debtor and seeking an order directing the turnover offunds referenced in Amazon.com, Inc.'s response to its information subpoena(NYSCEF Doc. No. 1 ). Petitioner servedthe PetitiononAmazon.com Sales Inc. on October 4, 2023, by personal service on its authorized agent (NYSCEF Doc. No. 10). Then, on November 8, 2023, petitioner filed, without leave ofthe Court, an Amended Notice ofPetition and AmendedPetition seeking the same reliefas its initialpetitionbutreplacing Amazon.com Sales, Inc. with "AmazonPayments, Inc." (NYSCEF Doc. No. 13). Petitionerserved this Amended Petition and Amended Notice ofPetition on Amazon Payments, Inc. by personal service on an authorized agent and served Deejayzoo at its last known address by certified mail, returnreceiptrequested (NYSCEF Doc. Nos. 19, 22). DISCUSSION CPLR §5227 provides that Upon a special proceeding commenced by the judgment creditor, against any personwho it is shownis orwill become indebted to the judgment debtor, the court may require suchpersonto pay to thejudgment creditorthe debt uponmaturity, or so much ofit as is sufficientto satisfy thejudgment, and to execute and deliver any document necessary to effect payment; or it may direct that ajudgmentbe entered against suchperson infavor ofthejudgmentcreditor
... (CPLR §5227 [emphasis added]) Petitioner has not established that the named respondent, Amazon.com Sales, Inc. "is in possession ofmoney or otherproperty which thejudgmentdebtor has an interestto" (See Scarola Malone & Zubatov LLP v Digital Social Retail, Inc. [Sup Ct, NY County 2019]; see also BNB Bank v Main St. Merchant Services, Inc., 74 Misc 3d 1223(A) [Sup Ct, Suffolk 2022]). The sole evidence it relies on to establish respondent's possession of the judgment debtor's funds is Amazon.com, Inc.'s response to information subpoena, yet that response states only that

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### [* 2]NYSCEF DOC. NO. 23 INDEX NO. 654656/2023 RECEIVED NYSCEF: 04/09/2024

Amazon.com, Inc. controls this account. There is nothing in the record to establish Amazon.com Sales, Inc.'s relation to Amazon.com Inc., or that the Amazon.com Sales, Inc. controls the judgmentdebtor's funds at issue here 1(Cf. Uni-Rty Corp. v NewYork Guangdong Fin., Inc., 117 AD3d 427, 429 [1st Dept 2014] ["petitioners supported this turnover petition brought pursuantto CPLR 5225 and 5227 with competent evidence that the Banks hold assets ofthejudgment debtor in China"]). Finally, a separate and independent bar to the reliefsought is the absence ofany proofin the record thatthejudgmentdebtor was notified ofthe restraining notice served on "Amazon," as required by CPLR §5222 (See Lincoln Sq. Synagogue, Inc vLexington Strategies, LLC, 2020 NY Slip Op 32793[U], 2-3 [Sup Ct, NY County 2020] ["[w]hen a restraining notice is served on a third-party garnishee, as here, the turnover proceeding may not be maintained ifthe judgment creditor fails to comply with CPLR 5222 (d) and (e) governing notice to the judgment debtor regarding that restraining notice"]). Accordingly, it is ORDERED and ADJUDGED that the petition is denied and this proceeding dismissed, withoutprejudice; and it is further, ORDERED that petitioner shall serve a copy of this order, with notice of entry, on respondents as well as onthe Clerk ofthe Court (60 Centre St., Room 141B) and the Clerk ofthe General Clerk's Office (60 Centre St., Room 119) withinten days from entry; and it is further ORDERED thatthe Clerk ofthe Court is directed to enterjudgmentaccordingly; and it is further

1 Petitioner's attempt to amend the petition to name Amazon Payments, Inc. as respondent is ofno effect, as filed in contravention ofCPLR §3025. However, even ifthis were not the case, the record is devoid ofany evidence showing that Amazon Payments, Inc. is indebted to thejudgmentdebtor.

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### [* 3]NYSCEF DOC. NO. 23 INDEX NO. 654656/2023 RECEIVED NYSCEF: 04/09/2024

ORDERED that such service upon the Clerk ofthe General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing"page on the court's website atthe address www.nycourts.gov/supctmanh). This constitutes the decision, order, andjudgmentofthe court.

4/9/2024

DATE CHECK ONE:
APPLICATION: CHECK IF APPROPRIATE: CASE DISPOSED GRANTED 

# 0 DENIED SETTLE ORDER INCLUDES TRANSFER/REASSIGN

# ~ NON-Fl~AL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT

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