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EXHIBIT “1”

FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM

NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018

(2)

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

[email protected]

FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM

INDEX NO. 502363/2018

NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018

(3)

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

---x

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

(4)

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. 502363/2018

NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018

(5)

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

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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. 502363/2018

NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018

(7)

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

---x

QUICKSILVER CAPTIAL LLC,

Plaintiff, Index No. 502363/2018

- against - AFFIRMATION OF SERVICE

D1XON FINANCIAL SERVICES LLC and DR.

MICHAEL C. GRAYSON

Defendants.

--- ---x

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

[email protected]

FILED: KINGS COUNTY CLERK 12/24/2018 12:50 PM

NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/24/2018

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