`NYSCEF DOC. NO. 26
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`INDEX NO. 127226-2020
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`RECEIVED NYSCEF: 11/24/2020
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`202011240578
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`Index # : 127226-2020
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`vs
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`Plaintiff,
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`Index No. 127226-2020
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`ORDER
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`STATE OF NEW YORK
`COUNTY OF ONTARIO
`SUPREME COURT
`_____________________________________________
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`ROUTE 96 PROPERTIES, LLC,
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`ADVENTURES IN MOVEMENT AND
`SENSATION, INC., AND MARK KLYCZEK,
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`Defendants.
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`______________________________________________
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`Plaintiff having moved for summary judgment by Notice of Motion dated October 12,
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`2020, having submitted in support of its motion the affidavit of Mark DiFelice sworn to
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`September 24, 2020 and the attorney affirmation of Michael J. Wegman dated October 12, 2020;
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`and
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`Defendant having submitted in opposition the attorney affidavit of Edward C. Kenyon
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`sworn to November 16, 2020; and
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`Plaintiff having submitted the Reply Affirmation of Michael J. Wegman dated November
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`20, 2020; and
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`The parties having appeared through their respective counsel for argument before the
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`Court on November 23, 2020, and the Court having had due deliberation thereon;
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`NOW it is HEREBY
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`ORDERED that Plaintiff’s motion for summary judgment on its first cause of action
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`against Defendant Adventures in Movement and Sensation, Inc. is granted in the amount of
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`$5,003.25, together with interest thereon at the rate of 12% per annum from March 1, 2020; and
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`it is further
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`202011240578
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`FILED: ONTARIO COUNTY CLERK 11/24/2020 10:34 AM
`NYSCEF DOC. NO. 26
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`INDEX NO. 127226-2020
`Index #: 127226-2020
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`RECEIVED NYSCEF: 11/24/2020
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`ORDERED that Plaintiff’s motion for summary judgment on its second cause of action
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`against Defendant Adventures in Movement and Sensation, Inc. is granted in the amount of
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`$50,000.00, together with interest thereon at the rate of 12% per annum from March 30, 2020;
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`and it is further
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`ORDERED that Plaintiff’s motion for summary judgment on its third cause of action
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`against Defendant Mark Klyczek is granted in the amount of $55,003.25, together with interest
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`thereon at the rate of 12% per annum from March 30, 2020; and it is further
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`ORDERED that Plaintiff’s application for attorneys’ fees is granted in the amount of
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`$3,242.00; and it is further
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`ORDERED that Plaintiff shall have costs and disbursements as taxed; and it is further
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`ORDERED and ADJUDGED that upon entry of judgment Plaintiff shall have
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`execution thereon.
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`Dated: November ____, 2020
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`ENTER.
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`________________________________
`Hon. Charles A. Schiano, Jr., J.S.C.
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`[055049-000015/4599906/1]
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