Preview
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF
Filing
DOC.
# NO.
12981445386 E-Filed 06/30/2021 01:14:31 PM RECEIVED NYSCEF: 11/09/2022
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.
ORDER ON PLAINTIFF'S MOTION FOR DEFAULT
THIS CAUSE came before the Court on June 23, 2021, on Plaintiff BEN-ZION
ALCALAY's Renewed Motion for an Order of Judicial Default as to Defendants Atlas
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, and the Court having reviewed and
considered the Motion, heard argument from counsel for all parties, and being otherwise fully
advised in the premises, itis hereby:
ORDERED AND ADJUDGED as follows:
ORDERED AND ADJUDGED
1. Plaintiff Ben-Zion Alcalay's Motion for Judicial Default is GRANTED.
2. The Court finds that ithas personal jurisdiction over Defendants Atlas Cybersecurity,
LLC, Benjamin Dynkin and Barry Dynkin for the reasons set forth herein.
3. On November 23, 2020, Plaintiff Ben-Zion Alcalay (the "Plaintiff") filed his Complaint
("Complaint') against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin
(collectively, "Defendants").
4. Summons in thismatter were issued by the Clerk of the Court for Defendants Atlas
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin.
5. Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin were served
with the Summons and Complaint in this action on January 5, 2021, when John Savage of Inter
County Judicial Services, LLC, a duly licensed process server in the State of New York,
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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/30/2021 01:14:31 PM
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/09/2022
Case No. 50-2020-CA-012935-XXXX-MB
personally delivered three copies of the Summons and Complaint to Benjamin Dynkin for: (1)
himself; (2) himself, as the Manager of Atlas Cybersecurity, LLC, and (3) as substitute service
for Barry Dynkin, at 130 Cooper Drive, Great Neck, NY 11023 (the "Residence").
6. Barry Dynkin and Benjamin Dynkin reside in the Residence.
7. The Residence is also the principal place of business of Atlas Cybersecurity, LLC
since the outset of the Covidl9 pandemic.
8. Benjamin Dynkin is the manager of Atlas Cybersecurity, LLC, who is authorized to
accept service on the company's behalf.
9. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, were
properly served pursuant to the rules of this Court.
10. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, time to
answer or otherwise respond to the Complaint expired on February 4, 2021.
11. On February 4, 2021, Plaintiff Ben-Zion Alcalay amended the Complaint and served
the Amended Complaint on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry
Dynkin by mailing a copy to them at the Residence.
12. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, time to
answer or otherwise respond to the Amended Complaint expired on February 25, 2021.
13. Despite being served with the Amended Complaint, in compliance with the rules of
this Court, Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin failed to
answer or otherwise fileany papers directed towards the Amended Complaint.
14. On May 5, 2021, Plaintiff Ben-Zion Alcalay filed a motion for judicial default, which
was served on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin in
compliance with the rules of this Court.
15. On May 20, 2021, this Court conducted a hearing on Plaintiff Ben-Zion Alcalay's
motion for judicial default at which time Gary Rosen, Esq. appeared for Defendants Atlas
Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. This Court denied without prejudice the
motion because the affidavits of service did not appear on the Court's docket.
16. At no time did Gary Rosen, Esq. or any other individual appear in thisaction on behalf
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NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/09/2022
Case No. 50-2020-CA-012935-XXXX-MB
of any of the Defendants, nor did the Defendants otherwise appear in this action or file an
answer or response to the Complaint or Amended Complaint.
17. On May 20, 2021, Plaintiff Ben-Zion Alcalay re-filed the affidavits of service that
evidences service on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin.
18. On May 20, 2021, Plaintiff Ben-Zion Alcalay filed a renewed motion for judicial
default as to Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and
noticed the motion for hearing for June 23, 2021, with service effectuated in compliance with
the rules of this Court.
19. On June 23, 2021, this Court conducted a hearing on Plaintiff Ben-Zion Alcalay's
renewed motion for judicial default as to Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin
and Barry Dynkin and neither the Defendants nor counsel on their behalf appeared for the
hearing.
20. Plaintiff Ben-Zion Alcalay properly filed affidavits of service for the service of the
Summons and Complaint in this action on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin
and Barry Dynkin.
21. No answer, motion to quash service, motion dismiss the action or any claims in the
Complaint or Amended Complaint, or other motion with respect to the jurisdiction of this Court
or claims in this action was filed by Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin
and/or Barry Dynkin.
22. Therefore, based on such, the Court hereby enters a judicial default against
Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin.
DONE and ORDERED in Chambers at Palm Beach County, Florida
50-2020-CA-012935?XXXX-MB 06/23/202
50-2020-CA-012935-XXXX-MB 06/23/2021
Howard K. Coates,Jr
CircuitJudge
cc: All counsel of record via
Atlas Cybersecurity, LLC, Benjamin Dynkin, and Barry Dynkin via USPS to l30 Cooper Drive,
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Case No. 50-2020-CA-012935-XXXX-MB
Great Neck, NY 11023
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Preview
FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF Filing DOC. # NO. 12981445386 E-Filed 06/30/2021 01:14:31 PM RECEIVED NYSCEF: 11/09/2022 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. ORDER ON PLAINTIFF'S MOTION FOR DEFAULT THIS CAUSE came before the Court on June 23, 2021, on Plaintiff BEN-ZION ALCALAY's Renewed Motion for an Order of Judicial Default as to Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, and the Court having reviewed and considered the Motion, heard argument from counsel for all parties, and being otherwise fully advised in the premises, itis hereby: ORDERED AND ADJUDGED as follows: ORDERED AND ADJUDGED 1. Plaintiff Ben-Zion Alcalay's Motion for Judicial Default is GRANTED. 2. The Court finds that ithas personal jurisdiction over Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin for the reasons set forth herein. 3. On November 23, 2020, Plaintiff Ben-Zion Alcalay (the "Plaintiff") filed his Complaint ("Complaint') against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin (collectively, "Defendants"). 4. Summons in thismatter were issued by the Clerk of the Court for Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. 5. Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin were served with the Summons and Complaint in this action on January 5, 2021, when John Savage of Inter County Judicial Services, LLC, a duly licensed process server in the State of New York, Page 1 of 4 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/30/2021 01:14:31 PM FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/09/2022 Case No. 50-2020-CA-012935-XXXX-MB personally delivered three copies of the Summons and Complaint to Benjamin Dynkin for: (1) himself; (2) himself, as the Manager of Atlas Cybersecurity, LLC, and (3) as substitute service for Barry Dynkin, at 130 Cooper Drive, Great Neck, NY 11023 (the "Residence"). 6. Barry Dynkin and Benjamin Dynkin reside in the Residence. 7. The Residence is also the principal place of business of Atlas Cybersecurity, LLC since the outset of the Covidl9 pandemic. 8. Benjamin Dynkin is the manager of Atlas Cybersecurity, LLC, who is authorized to accept service on the company's behalf. 9. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, were properly served pursuant to the rules of this Court. 10. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, time to answer or otherwise respond to the Complaint expired on February 4, 2021. 11. On February 4, 2021, Plaintiff Ben-Zion Alcalay amended the Complaint and served the Amended Complaint on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin by mailing a copy to them at the Residence. 12. Defendants, Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin, time to answer or otherwise respond to the Amended Complaint expired on February 25, 2021. 13. Despite being served with the Amended Complaint, in compliance with the rules of this Court, Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin failed to answer or otherwise fileany papers directed towards the Amended Complaint. 14. On May 5, 2021, Plaintiff Ben-Zion Alcalay filed a motion for judicial default, which was served on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin in compliance with the rules of this Court. 15. On May 20, 2021, this Court conducted a hearing on Plaintiff Ben-Zion Alcalay's motion for judicial default at which time Gary Rosen, Esq. appeared for Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. This Court denied without prejudice the motion because the affidavits of service did not appear on the Court's docket. 16. At no time did Gary Rosen, Esq. or any other individual appear in thisaction on behalf Page 2 of 4 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/09/2022 Case No. 50-2020-CA-012935-XXXX-MB of any of the Defendants, nor did the Defendants otherwise appear in this action or file an answer or response to the Complaint or Amended Complaint. 17. On May 20, 2021, Plaintiff Ben-Zion Alcalay re-filed the affidavits of service that evidences service on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. 18. On May 20, 2021, Plaintiff Ben-Zion Alcalay filed a renewed motion for judicial default as to Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and noticed the motion for hearing for June 23, 2021, with service effectuated in compliance with the rules of this Court. 19. On June 23, 2021, this Court conducted a hearing on Plaintiff Ben-Zion Alcalay's renewed motion for judicial default as to Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin and neither the Defendants nor counsel on their behalf appeared for the hearing. 20. Plaintiff Ben-Zion Alcalay properly filed affidavits of service for the service of the Summons and Complaint in this action on Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. 21. No answer, motion to quash service, motion dismiss the action or any claims in the Complaint or Amended Complaint, or other motion with respect to the jurisdiction of this Court or claims in this action was filed by Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and/or Barry Dynkin. 22. Therefore, based on such, the Court hereby enters a judicial default against Defendants Atlas Cybersecurity, LLC, Benjamin Dynkin and Barry Dynkin. DONE and ORDERED in Chambers at Palm Beach County, Florida 50-2020-CA-012935?XXXX-MB 06/23/202 50-2020-CA-012935-XXXX-MB 06/23/2021 Howard K. Coates,Jr CircuitJudge cc: All counsel of record via Atlas Cybersecurity, LLC, Benjamin Dynkin, and Barry Dynkin via USPS to l30 Cooper Drive, Page 3 of 4 FILED: NASSAU COUNTY CLERK 11/09/2022 05:02 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/09/2022 Case No. 50-2020-CA-012935-XXXX-MB Great Neck, NY 11023 Page 4 of 4