`NYSCEF DOC. NO. 47
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 04/09/2021
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`PRESENT: HON. ______________________, J.S.C.
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`Justice Presiding
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`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ERIE
`________________________________________________
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`SAMUEL, SON & CO. (USA) INC.
`d/b/a ROLL FORM GROUP
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`4334 Walden Avenue
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`Lancaster, New York 14086
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`Plaintiff,
`v.
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`SIMPSON & BROWN, INC.
`119 North Avenue, W
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`Cranford, New Jersey 07016
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`Defendant.
`_______________________________________________
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`At Part __ of the Supreme Court, held in and
`for the County of Erie, at 50 Delaware
`Avenue, Buffalo, New York on ________
`__, 2021
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` ORDER AND JUDGMENT
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` Index No. 801838/2020
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` JUDGMENT AGAINST:
` SIMPSON & BROWN, INC.
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`Plaintiff Samuel, Son & Co. (USA) Inc. d/b/a Roll Form Group (“Plaintiff”), by and
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`through its attorneys, Duke Holzman Photiadis & Gresens LLP, having moved this Court for an
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`Order (a) granting judgment by default, pursuant to CPLR § 3215, against Defendant Simpson &
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`Brown, Inc. (“Simpson” or “Defendant”) and (b) awarding such other and further relief as the
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`Court deems just and proper,
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`NOW UPON consideration of the Affirmation of counsel for Plaintiff (Kristine N. Celeste,
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`Esq.), with exhibits, dated February 9, 2021, the failure of Defendants to answer or otherwise
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`appear in this action, and all the pleadings and proceedings heretofore;
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`1 of 2
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`3
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`---------------
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`92 Franklin
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`April 8
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`----------
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`Nugent Panepinto
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`FILED: ERIE COUNTY CLERK 04/09/2021 01:47 PM
`NYSCEF DOC. NO. 47
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`INDEX NO. 801838/2020
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`RECEIVED NYSCEF: 04/09/2021
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`2 of 2
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`AND UPON the appearance of Plaintiff’s counsel and the failure of Defendant, or counsel
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`on its behalf, to appear; it is hereby
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`ORDERED, that Plaintiff’s application for judgment of default against Defendant for
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`failure to appear, pursuant to CPLR § 3215, is GRANTED; it is further
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`ORDERED that SAMUEL, SON & CO. (USA) INC. d/b/a ROLL FORM GROUP,
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`address stated above, recover against Defendant SIMPSON & BROWN, INC., address stated
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`above, in the principal amount of $470,619.07, plus service charges in the amount of $217,490.67,
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`plus attorneys’ fees and costs in the amount of $8,771.70, for a combined total judgment in the
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`amount of $696,881.44 and that Plaintiff has execution therefor.
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`SO ORDERED.
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`ENTERED:
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`_______________________________
`HON.
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`- 2 -
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`April 8, 2021
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`Nugent Panepinto
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