Yankovich, Esq. For plaintiff
Weinberg Gross & Pergament LLP For defendant
Victoria St. George, J.
following numbered papers were read upon this motion:
of Motion/Order to Show Cause 2-11
Papers 19-24; 26
the Court is a special proceeding to enforce judgments
previously entered against John Mensch, East End Bus Lines
Inc. d/b/a East End Bus Lines, Montauk Transport Service
Inc., Moriches Auto Services, Riverhead/Calverton Park &
Ride, Inc. and East End Bus Service, LLC (collectively
"Debtors"), against alleged Debtors'
successors, Orange County Transit, LLC, Orange County Transit
Service LLC (collectively "Respondents").
petitioner makes an application  to this Court for an
Order pursuant to CPLR §§ 5225, 6220, 7502(c) and
NY Dr & Cr §§ 273, 273-a, 276 and 276-a for the
following: 1) amending the judgment and adding Respondents;
2) a reverse veil-piercing to hold Respondents liable; 3)
enjoin Respondents from transferring or otherwise conveying
assets; 4) granting an attachment and turnover of Respondents
assets; 5) ordering Respondents to execute documents
necessary to effect payments to petitioner; 6) awarding
petitioner attorney's fees; and 7) awarding punitive
damages. The petitioner submits, inter alia, After
the filing of the petition Respondents filed a verified
answer and opposition  along with the Bankruptcy Court's
Interim Order  and the monthly operating report date.
For the reasons below petitioner's application is denied.
and formerly Debtors are bus companies for school districts
throughout New York State. In May of 2018 Debtors entered
into three separate receivables purchase agreements with
petitioner. Pursuant to the agreements Debtors transferred
all their rights, ownership and title to future receivables
to the petitioner. Petitioner secured an interest in the
Debtors assets and perfected its interest in the collateral
by filing a UCC-1 financing statement with the secretary of
state in September of 2018. Respondent Mensch guaranteed
performance by a personal guaranty. Debtors further confessed
judgment in favor of petitioner for the amounts of the
agreements plus attorneys' fees and disbursements.
September of 2018 Debtors breached the agreements with
petitioner by failing to remit payment to the Petitioner.
Petitioner converted the affidavits of confession of ...