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 NEW YORK 

NEW YORK 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 money judgment in the sum of $15,895.74 against 

Deejayzoo LLC d/b/a SHHHOWERCAP ("Deejayzoo") in New York City Civil Court, New York 

County (the "Judgment") (NYSCEF Doc. No. 4). Petitioner subsequently served an information 

subpoena and restraining notice upon "Amazon" at 450 W 33rd Street, New York, New York 

(NYSCEF Doc. No. 17) to which Amazon.com, Inc. responded on July 20, 2023. In that response, 

Amazon objected to the subpoena on various grounds, including that it was "issued to and 

purportedly served on 'Amazon' which is not currently an active legal entity" but stated that it had 

"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). 

654656/2023 IN THE MATTER OF SUPPLEMENTARY PROCEEDINGS MICHAEL PAGE 

INTERNATIONAL, INC. vs. AMAZON.COM SALES, INC. ET AL 

Motion No. 001 

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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 of funds referenced in Amazon.com, Inc.'s response to its 

information subpoena (NYSCEF Doc. No. 1 ). Petitioner served the Petition on Amazon.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 of the Court, an Amended 

Notice of Petition and Amended Petition seeking the same relief as its initial petition but replacing 

Amazon.com Sales, Inc. with "Amazon Payments, Inc." (NYSCEF Doc. No. 13). Petitioner served 

this Amended Petition and Amended Notice of Petition on Amazon Payments, Inc. by personal 

service on an authorized agent and served Deejayzoo at its last known address by certified mail, 

return receipt requested (NYSCEF Doc. Nos. 19, 22). 

DISCUSSION 

CPLR §5227 provides that 

Upon a special proceeding commenced by the judgment creditor, against any 

person who it is shown is or will become indebted to the judgment debtor, the court 

may require such person to pay to the judgment creditor the debt upon maturity, or 

so much of it as is sufficient to satisfy the judgment, and to execute and deliver any 

document necessary to effect payment; or it may direct that a judgment be entered 

against such person in favor of the judgment creditor ... 

(CPLR §5227 [emphasis added]) 

Petitioner has not established that the named respondent, Amazon.com Sales, Inc. "is in 

possession of money or other property which the judgment debtor has an interest to" (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 

654656/2023 IN THE MATTER OF SUPPLEMENTARY PROCEEDINGS MICHAEL PAGE 

INTERNATIONAL, INC. vs. AMAZON.COM SALES, INC. ET AL 

Motion No. 001 

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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 

judgment debtor's funds at issue here 1 (Cf. Uni-Rty Corp. v New York Guangdong Fin., Inc., 117 

AD3d 427, 429 [1st Dept 2014] ["petitioners supported this turnover petition brought pursuant to 

CPLR 5225 and 5227 with competent evidence that the Banks hold assets of the judgment debtor 

in China"]). 

Finally, a separate and independent bar to the relief sought is the absence of any proof in 

the record that the judgment debtor was notified of the restraining notice served on "Amazon," as 

required by CPLR §5222 (See Lincoln Sq. Synagogue, Inc v Lexington 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 if the 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, 

without prejudice; and it is further, 

ORDERED that petitioner shall serve a copy of this order, with notice of entry, on 

respondents as well as on the Clerk of the Court (60 Centre St., Room 141B) and the Clerk of the 

General Clerk's Office (60 Centre St., Room 119) within ten days from entry; and it is further 

ORDERED that the Clerk of the Court is directed to enter judgment accordingly; and it is 

further 

1 Petitioner's attempt to amend the petition to name Amazon Payments, Inc. as respondent is of no effect, as filed in 

contravention of CPLR §3025. However, even if this were not the case, the record is devoid of any evidence showing 

that Amazon Payments, Inc. is indebted to the judgment debtor. 

654656/2023 IN THE MATTER OF SUPPLEMENTARY PROCEEDINGS MICHAEL PAGE 

INTERNATIONAL, INC. vs. AMAZON.COM SALES, INC. ET AL 

Motion No. 001 

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NYSCEF DOC. NO. 23 

INDEX NO. 654656/2023 

RECEIVED NYSCEF: 04/09/2024 

ORDERED that such service upon the Clerk of the 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 

at the address www.nycourts.gov/supctmanh). 

This constitutes the decision, order, and judgment of the 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 

654656/2023 IN THE MATTER OF SUPPLEMENTARY PROCEEDINGS MICHAEL PAGE 

INTERNATIONAL, INC. vs. AMAZON.COM SALES, INC. ET AL 

Motion No. 001 

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□ OTHER 

□ REFERENCE 

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