EXHIBIT “1”
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
FILED : KINGS COUNTY CLERK 07/13/2018| INDEX NO. 502363/2018
NYSCEF DOC. NO. 20 RECEIVED NYS EF: 07/18/2018
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
_ _. .---X
QUICKSILVER CAPTIAL LLC,
Plaintiff, Index No. 502363/2018
- against - NOTICE OF SETTLEMENT
DIXON FINANCIAL SERVICES LLC and DR.
MICHAEL C. GRAYSON
Defendants.
---- ---x
PLEASE TAKE NOTICE that pursuant to the order of this Court dated the 16th of May, 2018 granting Plaintiff's motion for default judgment, the accompanying proposed order will be
submitted to Justice Sylvia G. Ash, at the Kings County Supreme Court, 360 Adams Street,
Brooklyn, New York, on June 27, 2018 at 9:30 AM, or thereafter. No appearance by counsel is
requested or required.
If you have any objections to the form or substance of the proposed Order, you should
notify the undersigned and the Court of your objections, in writing, in advance of the date and time stated above, and provide to the undersigned and to the Court an alternative proposed Order.
Dated: Cedarhurst, New York June 5, 2018
JACBOWITZ NEWMAN TVERSKY LLP Attorneys for Plaintiff
By: /s Abraham S. Beinhom Abraham Beinhorn Evan Newman
377 Pearsall Avenue, Suite C Cedarhurst, New York I 1516 (516) 545-0343
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
INDEX NO. 502363/2018NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
FILED: KINGS COUNTY CLERK 07/13/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/18/2018
At Comm. Part of the
Supreme Court of the State of New York, held in and for the
County of Kings, at the
Courthouse, at 360 Adams
Street, rooklyn New York, on
the -day of \ , 2018
PRESENT: HON. SYLVIA G. ASH
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
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QUICKSILVER CAPTIAL LLC,
Plaintiff, Index No. 502363/2018
- against -
DIXON FINANCIAL SERVICES LLC and DR.
MICHAEL C. GRAYSON
Defendants.
--- ----x
UPON review of the Notice of Motion dated March 23, 2018, the Summons and the
Verified Complaint, filed on this action on February 6, 2018 and annexed thereto, and upon the Motion for Default Judgment, and the Affirmation of Merit and in Support of Default Judgment
of Anthony Porrata sworn to on March 23, 2018 and the Affirmation of Abraham S. Beinhorn, Esq. of Jacobowitz Newman Tversky LLP, counsel to Plaintiff, dated March 23, 2018 thereto,
whereby Plaintiff has set forth claims against defendant Dixon Financial Services LLC for
Breach of Contract, Breach of Express Warranty, and Unjust Enrichment, and a claim of fraud against both defendants; and defendants having both been properly served in this action and
failing to appear and upon this Court's Order dated May 16, 2018 in which the Court granted
Plaintiff's Motion without opposition;
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
FILED : KINGS COUNTY CLERK 07/13/2018| INDEX NO. 502363/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/18/2018
NOW, on the Motion of Jacobowitz Newman Tversky LLP, attorneys of record for
Plaintiff, it is
ORDERED, that the motion is granted; and it is further
ORDERED, that Plaintiff is entitled to a judgment against DefendantDixon Financial
Services LLC, on the claim for breach of contract, in the amount of $16,800.00 plus contractual interest at a rate of 15% per annum from October 25, 2017 through May 16, 2018 in the amount
of $1,401.53 for a total sum of $18,201.53, as well as interest therefrom at 9% per annum plus
fees; and it is further
ORDERED that an inquest should be held on
to ascertain and compute the additional amount owed by each to
defendant to Plaintiff for the remaining claims herein; and it is further
ORDERED that a copy of this Order with Notice of Entry shall be served upon the defendants within (30) days of entry.
ENTER FORT WITH.
HON VIA G ASH, JSC
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
INDEX NO. 502363/2018NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
FILED: KINGS COUNTY CLERK 07/13/2018|
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/18/2018
EXHIBIT "A"
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
IFILED: KINGS COUNTY CLERK 07 / 13 / 2 018| INDEX NO. 502363/2018
YSCE F DOC . NO. 20 RECEIVED NYSCEF: 07/18/2018
At an I.A.S.Trial Term, Part of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of frooldyn. 'ity and State
of New York, on the Alay of 20
P R E N T :
Hon.
Justice
Cal. No
Plaintiff(s) Index No.
- against -
o, Defendant(s)
The fe!!e='!na papers numbered 1 to read on this motion Papers Numbered
Notice of Motion - Order to Shaw Cause and Affidavits (Affirmations) Annexed Answering Affidavit (Af½2tion)
Reply Affidavit (ALiiatiard _..
Affidavit (Affirmation) Pleadings - Frhibits
Stipulations - Minutes ..
Filed Papers_
For Clerks use only
MG MD
Motio2eq. #
E N T E R
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
INDEX NO. 502363/2018NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018
FILED: KINGS COUNTY CLERK 07/13/2018
NY . COMY CLERK 06/05/2018 04:50 PH RECEIME E)NY8]CEB020 82f2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 0^6/05/2018
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
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QUICKSILVER CAPTIAL LLC,
Plaintiff, Index No. 502363/2018
- against - AFFIRMATION OF SERVICE
D1XON FINANCIAL SERVICES LLC and DR.
MICHAEL C. GRAYSON
Defendants.
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Abraham S. Beinhorn, an attorney duly admitted to practice before the Courts of this State, affirms the following under the penalty of perjury: I am over the age of eighteen and not a party to this action. On June 5, 2018, I caused a copy of the Notice of Settlement and Proposed Order, along with the Exhibit there, to be serviced in a post-paid wrapped under the exclusive care and custody ofthe United States Post Office by regular first-class mail on:
DIXON FINANCIAL SERVICES 103-45 Lefferts Blvd Richmond Hill, New York 11419
-and
Michael C. Grayson 138 Covert Avenue, #K2 Garden City, New York 11530
Dated: Cedarhurst, New York June 5, 2018
JACBOWITZ NEWMAN TVERSKY LLP Attorneys for Plaintiff
By: /s Abraham S. Beinhorn Abraham Beinhorn Evan Newman
377 Pearsall Avenue, Suite C Cedarhurst, New York 11516 (516) 545-0343
FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018