`NYSCEF DOC. NO. 57
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/15/2021
`
`At Part 3 of the Supreme Court of the
`State of New York, held in and for the
`County of Erie, at 92 Franklin Street,
`Buffalo, New York on the ____ day of July,
`2021
`
`Index No.: 801838/2020
`
`ORDER TO SHOW CAUSE WITH
`TEMPORARY STAY OF ENFORCEMENT OR
`EXECUTION ON DEFAULT JUDGMENT
`
`P R E S E N T:
`Honorable Catherine Nugent Panepinto
`Justice Presiding
`
`x : : : : :x
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ERIE
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`SAMUEL, SON & CO. (USA) INC.
`d/b/a ROLL FORM GROUP,
`
`Plaintiff,
`
`- against -
`
`SIMPSON & BROWN, INC.,
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`Upon reading and filing the Affidavit of Ronald Vigliotti, a shareholder and Project
`
`Manager for the defendant Simpson & Brown, Inc. (“S&B”), sworn to July 14, 2021, the
`
`Emergency Affirmation of John Greco, dated July 15, 2021, the Memorandum of Law in
`
`Support of this Motion and Order to Show Cause, dated July 15, 2021, and all of the
`
`exhibits attached thereto, it is hereby:
`
`ORDERED, that plaintiff, Samuel, Son & Co. (USA), Inc. (“Samuel”) show
`
`cause before the Honorable Catherine Nugent Panepinto, J.S.C. at Part 3 of this Court,
`
`rd
`located at 92 Franklin Street - 3 Floor, Buffalo, New York on ____________________,
`
`1 of 3
`
`15th
`
` Thursday July 29
`
`
`
`FILED: ERIE COUNTY CLERK 07/15/2021 04:48 PM
`NYSCEF DOC. NO. 57
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/15/2021
`
`2021, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an order should
`
`not be entered:
`
`(1)
`
`(2)
`
`(3)
`
`pursuant to CPLR R 3211(a) 8. and R 5015(a)(4), dismissing the
`entire case and vacating the Order and Judgment of this Court
`against S&B, entered April 8, 2021 (the “Default Order”) and
`the Judgment signed and filed by the Clerk of the Court on
`April 9, 2021 (the “Judgment”) on the grounds that the Court
`lacks jurisdiction over S&B due to the Plaintiff’s failure to
`properly serve process on S&B, or, in the alternative;
`
`pursuant to CPLR R 2221 and R 5015(a)(1), vacating the
`Default Order and the Judgment; and
`
`pursuant to CPLR §§ 2201 and 6313, staying any person or
`entity from enforcing, executing or attempting to enforce or
`execute upon the Judgment; and it is further
`
`ORDERED, that, pursuant to CPLR §§ 2201 and 6313, pending the hearing
`
`and determination of the instant motion and the entry of an order in response to such
`
`motion, this Court temporarily enjoins and restrains any person or entity having notice of
`
`this Order from executing or attempting to execute on the Judgment; and it is further
`
`ORDERED, that service of a copy of this Order, along with the papers upon
`
`which it is based, upon Duke Holzman Photiadis & Gresens LLP, attorneys for Plaintiff, by
`
`hand or overnight courier so as to be delivered at their offices located at 701 Seneca
`
`Street, Suite 750, Buffalo, New York 14210, on or before July ____, 2021, shall be
`
`deemed good and sufficient service upon Plaintiff; and it is further
`
`ORDERED, that all answering papers, if any, be filed and be served by hand
`
`or overnight courier so as to be received before the close of business hours, at least
`
`seven (7) days before the return date of this motion, on Betancourt, Van Hemmen, Greco
`
`2
`
`2 of 3
`
` 19
`
`
`
`FILED: ERIE COUNTY CLERK 07/15/2021 04:48 PM
`NYSCEF DOC. NO. 57
`
`INDEX NO. 801838/2020
`
`RECEIVED NYSCEF: 07/15/2021
`
`3 of 3
`
`& Kenyon LLC, Attn: John Greco, Esq. at 75 South Broadway - 4th Floor, White Plains,
`
`New York 10601, as the attorneys for defendant Simpson & Brown, Inc.; and it is further
`
`ORDERED, that all reply papers, if any, be filed and be served by hand or
`
`overnight courier so as to be received before the close of business hours, at least three
`
`(3) days before the return date of this motion, on Duke Holzman Photiadis & Gresens
`
`LLP, attorneys for Plaintiff.
`
`ENTER:
`
`____________________________________
` J.S.C.
`
`3
`
`July 15, 2021
`
`Nugent Panepinto
`
`
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