Order: Americu Credit Union v. John J Polakiewicz

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                                FILED: OSWEGO COUNTY CLERK 02/11/2021 04:01 PM                                                       INDEX NO. EFC-2020-1216
NYSCEF DOC. NO. 27                                                                              RECEIVED NYSCEF: 02/11/2021




                                                                      At a Term of the Supreme Court helcl in and
                                                                      for the County of Oswego. at Chambers. at
                                                                      the Oswego County Courthouse. Oswego.
                                                                      New York on the llth Day' of Februarl . 202 I

            PRESENT: HON. SCOTTJ. DELCONTE
                          Justice Presiding

            STATE OF NEW YORK
            SUPREME COURT COUNTY OFOSWEGO

            A\{ERICLI CREDIT       t-   NION.

                                                   Plaintitf.                        ORDER AWARDING
                                                                                     SUMMARY JUDCMENT
                                                                                     AND ATTORNI.]YS' I.'EES
                                                                                     Index No. EFC-2020- I2 l6

            JOHN J. POLAKIEWICZ.
                                                   Dc'lendant.




                     PlaintitT having moved this Court for Summary Judgment in Lieu of Complaint pursuant

            to Civil Practice Law and Rules. Rule 3213. and the motion having been duly served upon

            Defendant: and

                     Det'endant having failed to file any opposition to the motioni and the nrotion having been

            heard at a term of this Coun held on January 21.2021:. on submissionl and there having been no

            opposition interposed by or on behalf of the Defendant;

                     NOW. THEREFORE. upon the Motion of the PlaintitT, supported by the Arrorney

            Atfirmation of Patrick G. Radel. dated the      8'h day   of October. 2020; the Atfidavit of Facts of

            William Orr. sworn to on the 8rl' day of October. 2020. together with the exhibits               annexed

            thereto: the Attjrmation of Non-Expiration of Statute of Limitations of Patrick G. Rudel, Esq.,




            {G1082664.1}



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FILED: OSWEGO COUNTY CLERK 02/11/2021 04:01 PM                                                              INDEX NO. EFC-2020-1216
NYSCEF DOC. NO. 27                                                                                      RECEIVED NYSCEF: 02/11/2021




              dated the 8th day          of october, 2020i the Alfidavit of Non-Military Service of Denise
                                                                                                           v.
              Rakowski, sworn to on the gth day of October, 2020;
                                                                  Memorandum of Law dated October g.
              2020; and rhe Supplemenral Affirmation of patrick
                                                                G. Radel, Esq., dated Janua                 ry   1g,2021;
                      NOW, THEREFORE, it is hereby

                      .RDERED' that the crerk of the Court shall enter a Judgment
                                                                                  in t'avor of praintiff.
              against Defendant as to the rerief sought in point
                                                                               I of the Attorney Affirmation of patrick       G.
              Radel. Esq., the First Cause of Action. in the amount
                                                                    of sixteen 'fhousand Five Hundred Eighty_
              one and    791100 (916,581.79), plus additionar inrerest on
                                                                          the principar barance                  of   $15.913.36
             from october 6' 2o20' at a per annum interest rate of 4.5%,
                                                                         to the date of entry of the judgment;

             antl it is further

                     ORDERED, that praintitf be alowed reasonable attorneys'
                                                                             f'ees against Defendant in the

             amount of   g   1.143.00         and   it is further

                     .RDERED. thar the crerk of this court add such                  f'ees   to the proposed Judgment in the
             space allotted and thereafier add the same
                                                        to the Judgment granted herein.

             DATED:     February I   I
                                                    2021



                                                                    ENTE




                                                                    Hon.   S   tt J. DelConte. J.S.C.




           {GL082664.r}




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