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SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al

Docket E2023005650, New York State, Monroe County, Supreme Court (May 31, 2023)
Daniel J Doyle, presiding
Case TypeCommercial Division
TagsCommercial Division, Commercial, Civil
Plaintiff - Petitioner SPECIALTY RX INC.
Plaintiff - Petitioner Joel Zupnick
Defendant - Respondent Gedaliah Wielgus
...
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DECISION + ORDER ON MOTION

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 23 (N.Y. Sup. Ct., Monroe County Sep. 6, 2023)
Date: 09/06/2023 Time: 2:23:57 PM Return To: Sue Lerkins 99 Exchange Blvd.
Rochester, NY 14614
Total Fees Paid: $0.00 Employee: CW State of New York
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EXHIBIT(S)

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 22 (N.Y. Sup. Ct., Monroe County Aug. 21, 2023)
At Part ____ of the Supreme Court of the State of New York, held in and for the County of Monroe, at the Courthouse located at 99 Exchange Blvd.
Hall of Justice 5th Floor Room 545, Rochester, New York, on the ______ day of _____________, 2023.
UPON SPECIALTY RX INC. and JOEL ZUPNICK’s (“Petitioners”) petition seeking an order (a) pursuant to CPLR §7510, confirming an award in the arbitration proceedings that granted Petitioners a judgment in the amount of $348,302.56 plus prejudgment interest from May 14, 2023; (b) directing a judgment in the amount of $348,302.56 plus prejudgment interest from May 14, 2023 less payments made to be entered in Petitioners favor pursuant to CPLR 7514; and (c) for such other further and different relief as this Court deems just and proper.
And upon all the supporting papers submitted by the Petitioner, including the final award dated May 14, 2023 and there being no opposition to the Petition; IT IS ADJUDGED that Petitioners SPECIALTY RX INC. and JOEL ZUPNICK having an
address at 2 Bergen Turnpike, Ridgefield Park, New Jersey, 07660, are awarded a monetary judgment against (a) AGA Operating LLC, having a last known address at 2150 St. Paul Street, Rochester, New York 14621, in the amount of $37,333.63 in favor of the Petitioners with prejudgment interest from May 14, 2023; (b) ILF Operating LLC, having a last known address at 2150 St. Paul Street, Rochester, New York 14621, in the amount of $176,101.38 in favor of the Petitioners with prejudgment interest from May 14, 2023; (c) LFG Operating LLC, having a last known address at 2150 St. Paul Street, Rochester, New York 14621, in the amount of $119,867.55 in favor of the Petitioners with prejudgment interest from May 14, 2023 and that Petitioners have execution therefor.
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AFFIDAVIT OR AFFIRMATION IN REPLY

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 21 (N.Y. Sup. Ct., Monroe County Aug. 21, 2023)
Rachel Wrubel, an attorney duly admitted to the practice of law in the Courts of the State of New York, affirms the truth of the following pursuant to CPLR 2106:
I am a member of the bar of this Court and an associate of the firm Jacobowitz Newman Tversky LLP, attorneys for petitioners SPECIALTY RX INC. and JOEL ZUPNICK (“Petitioners”).
I submit this affirmation in support of the Petitioner’s request for an Order (a) pursuant to CPLR §7510, confirming an award in the arbitration proceeding; (b) directing a judgment to be entered in favor of the Petitioners, pursuant to CPLR §7514, in the amounts of $42,333.63 against AGA Operating LLC, $181,101.38 against ILF Operating, and $124,867.55 against LFG Operating LLC plus prejudgment interest from May 14, 2023, less payments already made to Petitioners; and (c) for such other further and different relief as this Court deems just and proper.
On or about August 15, 2023, respondent Gedalia Wieglus (“Wieglus”) filed an Answer in a Special Proceeding (the “Answer”).
Consequently, the Petitioners request that the Proposed Judgement attached herein as Exhibit A be executed.
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ANSWER IN SPECIAL PROCEEDING

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 19 (N.Y. Sup. Ct., Monroe County Aug. 15, 2023)
Date: 08/15/2023 Time: 1:46:27 PM $0.00 Employee: State of New York
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20

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 20 (N.Y. Sup. Ct., Monroe County Aug. 15, 2023)

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7

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 7 (N.Y. Sup. Ct., Monroe County Jun. 5, 2023)

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4

Document SPECIALTY RX INC. et al v. GEDALIAH WIELGUS et al, E2023005650, 4 (N.Y. Sup. Ct., Monroe County May. 31, 2023)

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