INDEX NO. 654868/2018
`INDEX NO. 654868/2018
`FILED: NEW YORK COUNTY CLERK 08/01/2019 03:17 PM
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`FILED: NEW YORK COUNTY CLERK 08m2019 03:17 P
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`NYSCEF: 08/01/2019
`RECEIVED NYSCEF: 08/01/2019
`NYSCEF DOC. NO. 24
`. SUPREME COURT OF THE STATE OF NEWYORK
`NEW YORK COUNTY
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`Sgt/271,3?“
`PRESENT:
`Index Number : 654868/2018
`ROOFTOP2 ENTERTAINMENT, LLC
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`Q 2H0
`——-—-
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`W
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`vs.
`SOLOMON, JERRY
`SEQUENCE NUMBER : 002
`HEAR AND DETERMINE
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`E-F L E.
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`PARTfiK
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`musx NoWad},
`MOTION DATE
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`monon SEQ No
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`The following papers, numbered 1 to
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`. were read on this motion tolfor
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`Notice of Motion/Order to Show Cause — Affidavits —— Exhibits
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`Answering Affidavits — Exhibits
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`Replying Affidavits
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`I NOISI-
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`INNS)-
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`I No(s).
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`Upon the foregoing papers, it'Is ordered that this motion is
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`MOTION/CASEISRESPECTFULLYREFERREDTOJUSTICEFORTHEFOLLOWINGREASONS):
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`1. CHECK ONE: ..................................................................... {3 CASE DI POSED
`2. CHECK AS APPROPRIATE: ...........................MOTION IS: CI GRANTED
`D DENIED
`3. CHECK lF APPROPRIATE: ................................................ D SETTLE ORDER
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`CI NON-FINAL DISPOSITION
`El GRANTED IN PART
`B OTHER
`I] SUBMIT ORDER
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`CI DO NOT POST
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`D FIDUCIARY APPOINTMENT
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`D REFERENCE
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`FILED: NEW YORK COUNTY CLERK 08/01/2019 03:17 PM
`FILED: NEW YORK COUNTY CLERK 08m2019 03:17 P
`NYSC
`3F DOC. NO. 24
`NYSCEF DOC. NO. 24
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`INDEX NO. 654868/2018
`INDEX NO- 654868/2018
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`RfiCfiIVfiD VYSCEF:
`08/01/2019
`RECEIVED NYSCEF: 08/01/2019
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`Supreme Court of the State of New York
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`E'FH—E
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`County of New York
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`Rooftop2 Entertainment, LLC
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`Index # 654868/2018
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`_\,_
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`Plaintiffs
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`Jerry Solomon
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`JHO Hear & Determine
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`Defendants
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`PHILIP S. STRANIERE, JUDICIAL HEARING OFFICER
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`PART 99
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`Plaintiff, Rooftopz Entertainment, LLC, commenced this ’civil action against the defendant, Jerry
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`Solomon, seeking to enforce the terms of a personal guarantee of a written loan-agreement entered
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`into between plaintiff and the defendant as guarantor of a Redemption Agreement between plaintiff
`and PS StarGames, LLC.
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`By a decision and order of Justice James dated January 15, 2019, plaintiff’s motion for summary
`judgment in lieu of complaint was granted. The court determined that the debt was a promissory note
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`in favor of plaintiff in the amount of $364,500.00 with interest at the statutory rate. The debt was
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`guaranteed by defendant. The issue as to what legal fees, if any, was referred to a Judicial Hearing
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`Officer/Special Referee to hear and determine.
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`A hearing was held on June 17, 2019. Plaintiff’s counsel appeared to testify as to the legal services
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`rendered. The defendant failed to appear.
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`THE HEARING:
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`Counsel for plaintiff testified and produced invoices setting forth the date legal services were
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`rendered, by whom, briefly describing the nature of the services, the time spent and the hourly
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`charge. The retainer agreement was also produced.
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`He testified as to the legal services rendered in pursuing the debtor PS StarGames, LLC, and that the
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`defendant in this action guaranteed all monetary obligations of that entity. The witness established
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`that there was a settlement agreement between the parties and that the defendant defaulted on the
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`terms of that agreement.
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`Plaintiff is seeking $39,360.00 in legal fees and disbursements.
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`THE DETERMINATION:
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`Based on the testimony of counsel, and a review of the exhibits, it is concluded that the services
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`rendered by counsel to plaintiff were customary and necessary to represent a client in a similar
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`matter in New York County and that the legal fees charged were usual and reasonable for similar
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`services in New York County.
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`Plaintiff is entitled to a judgment for legal fees and disbursements in the amount of $39,360.00
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`together with statutory interest at 9% per year from January 15, 2019, the date of the liability decision
`in favor of plaintiff, in the amount of $2,066.40 (7 months at $295.20 a month).
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`FILED: NEW YORK COUNTY CLERK 08/01/2019 03:17 PM
`FILED: NEW YORK COUNTY CLERK cam-12019 03:17 P
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`NYSCEF DOC. NO. 24
`NYSCEF DOC. NO. 24
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`INDEX NO. 654868/2018
`INDEX NO- 654868/2018
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`R«C«IV«D VYSCEF: 08/01/2019
`RECEIVED NYSCEF: 08/01/2019
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`It Is Ordered that:
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`The clerk is directed to enter a judgment:
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`In favor of the plaintiff, RooftopZ Entertainment, LLC against the defendant, Jerry Solomon, as
`guarantor, in the amount of $41,426.40 (representing legal fees and disbursements of $39,360.00 plus
`interest of $2,066.40 to August 15, 2019) together with statutory interest at 9% per year, costs and
`disbursements.
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`NOTICE:
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`This constitutes the determination of the Judicial Hearing Officer.
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`AuguSt 1, 2019
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`ENTER:
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`ere
`PW. Str
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`FILED: NEW YORK COUNTY CLERK 08/01/2019 03:17 PM
`FILED: NEW YORK COUNTY CLERK 08m2019 03:17 P
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`NYSCEF DOC. NO. 24
`NYSCEF DOC. NO. 24
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`INDEX NO. 654868/2018
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`INDEX NO- 654868/2018
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`RECEIVED NYSCEF: 08/01/2019
`R«C«IV«D VYSCEF: 08/01/2019
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`NEW YORK COUNTY SUPREME COURT - SPECIAL REFEREE CALENDAR (PART SRP)
`INFORMATION SHEET
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`Title of Action: ROOFTOP2 ENTERTAINMENT. LLC V. JERRY SOLOMON
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`Index No.: 654868/18
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`Issues Referred: Attornev Fees
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`IMPORTANT: IN ORDER THAT THIS MATTER MAYBE ASSIGNED EFFICIENTLY TO A JUDICIAL
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`HEARING OFFICER/SPECIAL REFEREE ALL COUNSEL MUST CONSULT ONE ANOTHER AND
`PROVIDE THE FOLLOWING ESSENTIAL INFORMA TION AS ACCURA TELY AS POSSIBLE:
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`Estimated Time Needed for Entire Hearing:
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`1 hour
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`Number of Witnesses to be Called by All Counsel: None. Attornev for Plaintiff to assert attorney fees claim.
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`Is an interpreter of a language other than Spanish required ? _s/_ No _ Yes (Language
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`1
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`If a matrimonial case, has custody been resolved? :
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`Yes
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`No l Not Applicable
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`If a matrimonial case, has there ever been, or is there now, an order of protection in effect ? :
`Yes _ No i Not Applicable
`If yes, date of expiration:
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`Attorney for Plaintiff/Petitioner: Andrew L- Lee
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`Address: 8 West 126th Street
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`New York
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`Citv
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`NY
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`State
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`10027
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`Zi
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`Phone:% E—Mail: alee@all—counsel.com
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`Fax:
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`(646) 701-5830
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`Attorney for Defendant/Respondent N/A
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`Address:
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`PAPERS RECEIVED
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`ORDER SECTION - RM 119A
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`State N/A
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`Phone:
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`Fax:
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`E-VIail: N/A
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`Please submit this form (with additional pages if needed to identify other counsel), with a copy of the Order of Reference, as soon as
`possible after issuance of that Order and in any event within 15 days of the date thereof, to the Special Referee Clerk by fax ((212) 401-
`9186) or e-mail (spref@nycourts. gov). You will be notified of the date and time of the hearing or, if the court has ordered such, the
`prehearing conference.
`Cases are assigned to a Judicial Hearing Officer/Special Referee on the original appearance date in Part SRP and the hearing or,
`if the Order of Reference directs a prehearing conference, the conference will commence on that date. Except where a prehearing
`conference is directed, counsel must appear with witnesses and evidence, and be prepared to proceed with the hearing, on the
`original date. If a conference is ordered, the hearing date will be fixed at the conference. See the Rules of the Special Referees
`Part for information about adjournments (which are limited) and other relevant matters. See also the Uniform Rules of the
`Judicial Hearing Officers and Special Referees. Please direct all inquiries to the Special Referee Clerk by phone (646-386-3028) or e-
`mail (address above).
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