Preview
FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF
Filing
DOC.
# NO.
14403953546 E-Filed 02/16/2022 01:37:16 PM RECEIVED NYSCEF: 06/24/2022
15"
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
BEN-ZION ALCALAY
Plaintiff, Case No. 502020CA012935
vs.
ATLAS CYBERSECURITY, LLC,
a New York Limited Liability Company,
DACS CYBERSECURITY HOLDINGS, LLC,
a New York Limited Liability Company,
BARRY DYNKIN, and BENJAMIN DYNKIN,
Defendants.
AMENDED ORDER ON PLAINTIFF'S MOTION FOR FINAL JUDGMENT
THIS CAUSE came before the Court on August 24, 2021 on Plaintiff Ben-Zion Alcalay's
motion for final judgment against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and
Barry Dynkin, and the Court having reviewed and considered the Motion that included the sworn
statement of Ben-Zion Alcalay, heard argument from counsel for allparties, and being otherwise
fully advised in the premises, itis hereby:
ORDERED AND ADJUDGED as follows:
1. Plaintiff's motion for final judgment is GRANTED; and
2. Plaintiff is entitled to an entry of Final Judgment against the Defendants Atlas
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and the recovery of damages resulting
from their breach of contract, fraud, fraudulent inducement, and other causes of action detailed in
the amended Complaint; and
3. Judgment shall be entered against Defendants Atlas Cybersecurity, LLC, Benjamin
Dynkin and Barry Dynkin in the amount of $293,291.40 plus statutory interest at the rate of 5.37%
from November 23, 2020 to January 1, 2021 ($1769.14); 4.81% from January 1, 2021 to April 1,
2021 ($3517.16); 4.25% from July 1, 2021 to January 14, 2022 ($9869.45); and the prevailing rate
thereafter to be calculated at a late time. The final judgment due entered against Atlas
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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 02/16/2022 01:37:16 PM
FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, jointly and severally, shall be
$308,447.15.
4. Further, this Court hereby orders Defendant Atlas Cybersecurity, LLC to complete
"A"
the fact information sheet entitled Form 1.977 for business entities attached hereto as Exhibit
and Defendant Barry Dynkin shall complete the fact information sheets entitled, Form 1.977 for
individuals attached hereto as Exhibit "B", within 45 days of entry of this Final Judgment,
45th
submit the completed forms to Jonathan Davidoff, Esq., Davidoff Law Firm, PLLC, 228 East
Street, Suite 1110, New York, NY 10017.
5. This Court retains jurisdiction of this matter to enter any further Orders that may
attorneys'
be necessary, including, but not limited to, an award of fees and costs for which
the DAVIDOFF LAW FIRM, PLLC is entitled.
6. For purposes of recording this final judgment, the Plaintiff, BEN-ZION
ALCALAY, address is as follows:
BEN-ZION ALCALAY
500 South Ocean Blvd
Apt 508
Boca Raton, FL 33432
DONE and ORDERED in Chambers at Palm Beach County, Florida.
cottKerner Cjrcuit
Judge
ISTftATIVEOFF CE O THE COUltT
502020CA012935XXXXhfB 02/16/2022
Scott Kerner
Circuit
Judge
cc: All counsel of record via electronic mail.
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
FINAL DISPOSITION FORM
(Fla.R.Civ.P.Form 1.998)
THE CLERK IS DIRECTED TO CLOSE THIS
FILE MEANS OF FINAL DISPOSITION
Dismissed After Hearing
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
"A"
Exhibit
FACT INFORMATION SHEET - BUSINESS ENTITY
Name of entity:
Name and title of person filling out this form:
Telephone number:
Place of business:
Mailing address (if different):
Gross/taxable income reported for federal income tax purposes last three years:
$ $
$Taxpayer Identification
number:
Is this entity an S corporation for federal income tax purposes? Yes No
Average number of employees per month
Name of each shareholder, member, or partner owning 5% or more of the entity's
common stock,preferred stock, or other equity interest:
Names of officers, directors, members, or partners:
Checking Account at: Account #
Savings Account at: Account #
Does the entity own any vehicles? Yes No
For each vehicle please state:
Year/Make/Model: Color:
Vehicle ID No: Tag No.:
Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $ Monthly Payment: $
Does the entity own any real property? Yes
NoIf yes, please state
the address(es):
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
Please check if the entity owns the
following:Boat
Camper
Stocks/bonds
Other real
property
Other personal
property Please attach copies of
the following:
1. Copies of state and federal income tax returns for the past 3 years.
2. All bank, savings and loan, and other account books and statements for accounts in
institutions inwhich the entity had any legal or equitable interest for the past 3 years.
3. All canceled checks for the 12 months immediately preceding the service date of
this FactInformation Sheet for accounts in which the entity held any legal or
equitable interest.
4. All deeds, leases, mortgages, or other written instruments evidencing any interest in
or ownership of real property at any time within the 12 months immediately preceding
the date this
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
lawsuit was filed.
5. Bills of sale or other written evidence of the gift,sale, purchase, or other transfer of any
personal or real property to or from the entity within the 12 months immediately preceding
the datethis lawsuit was filed.
6. Motor vehicle or vessel documents, including titles and registrations relating to
any motorvehicles or vessels owned by the entity alone or with others.
7. Financial statements as to the entity's assets, liabilities, and owner's equity prepared
within the12 months immediately preceding the service date of this Fact Information
Sheet.
8. Minutes of allmeetings of the entity's members, partners, shareholders, or board of
directorsheld within 2 years of the service date of this Fact Information Sheet.
9. Resolutions of the entity's members, partners, shareholders, or board of directors
passed within2 years of the service date of this Fact Information Sheet.
UNDER PENALTY OF PERJURY, ISWEAR OF AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor's
Designated
Representative/Title
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me this day of ,
20 ,by .
(name of person making statement)
Notary Public State of Florida
My Commission expires:
Personally known OR Produced
identification Type of identification produced
YOU MUST MAIL OR DELIVER THIS COMPLETED WITH ALL ATTACH-
FORM,
MENTS, TO THE PLAINTIFF JUDGMENT CREDITOR OR THE PLAINTIFF'S
JUDGMENT CREDITOR'S ATTORNEY, BUT DO NOT FILE THIS FORM WITH
THE CLERK OF THE COURT.
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
"B"
Exhibit
FACT INFORMATION SHEET - INDIVIDUAL
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address (if different):
Telephone Numbers: (Home)
(Busi
ness)Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per Average Paycheck: $ per
Average Commissions or Bonuses: $ per Commissions or bonuses
are basedon:
Other Personal Income: $ from
(Explain details on the back of this sheet or an additional sheet if
necessary.)Social Security Number:
Birthdate: Driver's License Number:
Marital Status: Spouse's Name:
* * * * * * * *
Spouse Related
Portion
Spouse's Address (if different):
Spouse's Social Security Number: Birthdate:
Spouse's Employer:
Spouse's Average Paycheck or Income: $
perOther Family Income: $ per
(Explain details on back of this sheet or an additional sheet if necessary.) Describe all other
accounts or investments you may have, including stocks, mutual funds, savings bonds, or
annuities, on the back of thissheet or an additional sheet if necessary.
* * * * * * * *
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
perNames of Others You Live With:
Who is Head of Your Household? You Spouse Other PersonChecking
Acount at: Account #
Savings Account at:
Acco
unt #For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
$ Monthly
Payment: $
(Attach a copy of the deed or mortgage, or list the legal description of the property on the
back of this sheetor an additional sheet if necessary. Also, provide the same information on
any other property you own or are buying.)
For All Motor Vehicles You Own or Are Buying:
Year/Make/Model: Color:
Vehicle ID No.: Tag No.:
Mil
eage:Names on Title:
Present Value: $ Loan Owed to:
Balance on Loan: $ Monthly Payment: $
(List allother automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or
aircraft, on theback of this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100
to any person in the last year? If you answer is "yes", describe the property, market value, and
sale price, and givethe name and address of the person who received the property
Does anyone owe you money? Amount
Owed: $Name and Address of Person Owing Money:
Reason money is owed:
Please attach copies of the following:
a. Your last pay stub.
b. Your last 3 statements for each bank, savings, credit union, or other financial account.
c. Your motor vehicle registrations and titles.
d. Any deeds or titles to any real or personal property you own or are buying,
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FILED: NASSAU COUNTY CLERK 06/24/2022 09:15 AM INDEX NO. 602826/2022
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/24/2022
Alcalay v.Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion for Judicial Default
or leases toproperty you are renting.
e. Your financial statements, loan applications, or lists of assets and liabilities
submitted to anyperson or entity within the last 3 years.
f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, ISWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me this day of , 20 ,
by
.(name of person making statement)
Notary Public State of Florida
My Commission expires:
Personally known OR Produced Identification
Type of identification produced
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACH
MENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S
ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT
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