Plaintifl against- To commence the statutory time period for appeals as of right (CPLR 5513[a]), you are advised to serve a copy of this order, with notice ofentry, upon all parties.

Plaintiff opposes the motion and separately moves for an order, pursuant to CPLR 3215, granting leave to enter a default judgment against defendants based upon their failure to answer the complaint.

Motion bv Plaintiff for Sequence No. 4 Leave to Enter a Default Judement Given the strong public policy of determining cases on their merits and the lack of intent to abandon their defense of this action as demonstrated by the promptness in moving to reargue their prior motion, the court excuses the delay by defendants in interposing an answer to the complaint and extends defendants time to answer as provided herein.

All other arguments raised on the motions and evidence submitted by the parties in connection therewith have been considered by the court, notwithstanding the specific absence of reference thereto.

That on 25th day of February 2025, deponent served the within DECISION AND ORDER WITH NOTICE OF ENTRY upon the attorneys and parties listed below via email and via efiling with the Court.

Plaintifl against- To commence the statutory time period for appeals as of right (CPLR 5513[a]), you are advised to serve a copy of this order, with notice ofentry, upon all parties.

The following electronically filed papers (NYSCEF Doc Nos. 37-42;48-67;69-74) were read on: (l) the motion by the defendants, Imperial Yacht Sales, LLC, John A. Giacobbe, Esq. and Captain John A. Giacobbe, for an order, pursuant to CPLR 2221 (d), granting leave to reargue their prior motion to dismiss (sequence no. l) and, upon such leave, for a further order dismissing so much of the complaint that asserts a cause of action against them (sequence no. 3); and (2) the motion by the plaintiff for an order, pursuant to CPLR 3215, granting leave to enter a default judgment against defendants (sequence no. 4).

Plaintiff opposes the motion and separately moves for an order, pursuant to CPLR 3215, granting leave to enter a default judgment against defendants based upon their failure to answer the complaint.

Motion bv Plaintiff for Sequence No. 4 to Enter a Default Judement Given the strong public policy of determining cases on their merits and the lack of intent to abandon their defense of this action as demonstrated by the promptness in moving to reargue their prior motion, the court excuses the delay by defendants in interposing an answer to the complaint and extends defendants time to answer as provided herein.

All other arguments raised on the motions and evidence submitted by the parties in connection therewith have been considered by the court, notwithstanding the specific absence of reference thereto.

On or before January 2l,2l25,all parties shall exchange narnes and addresses of all witnesses, and shall exchange statemints of opposing parties and photographs, or if none, shall ;:iif#r:Jttilii.,..n"rge information retating to exp€rt ...