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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------)(
NEWTEK SMALL BUSINESS FINANCE, LLC,
Plaintiff, Index No. 606560/2020
-against- NOTICE OF SETTLEMENT
OF JUDGMENT
MICHAEL J. LIBERMAN,
Defendant.
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PLEASE TAKE NOTICE that a Judgment, of which the within is a true copy, will be
presented to the Honorable Jerome C. Murphy, J.S.C., along with the Affidavit of Peter
Persichette, Vice President, Special Servicing Manager for Newtek, sworn to on the 14th day of
December, 2020, located at 100 Supreme Court Drive, Mineola, New York, at 9:30 a.m. on the
5th day of January, 2021.
Dated: Uniondale, New York
December 18, 2020
Yours, etc.,
RIVKIN RADLER LLP
Attorneys for Plaintiff
NEWTEK SMALL BUSINESS FINANCE, LLC
By: J' .Naia £. 9Joy4
J'Naia L. Boyd, Esq.
926 R)(R Plaza
Uniondale, New York 11556-0926
(516) 357-3000
To: Michael J. Liberman, Pro Se
2655 Rachel Street
Bellmore, New York 11710
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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NEWTEK SMALL BUSINESS FINANCE, LLC,
Plaintiff, Index No. 606560/2020
-against- JUDGMENT
MICHAEL J. LIBERMAN,
Defendant.
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Plaintiff, Newtek Small Business Finance, LLC ("Newtek" or "Plaintiff') by its attorneys,
Rivkin Radler LLP, having moved before this court by the filing of a Notice of Motion for
Summary Judgment in Lieu of Complaint pursuant to N.Y. C.P.L.R. § 3213, dated June 30,
2020, and the Affidavit of Peter Persichette, Vice President, Special Servicing Manager for
Newtek, sworn to on the 29th day of June, 2020, with exhibits annexed thereto, on the grounds
'
.
. that this action is based on instruments for the payment of money only, which monies are
!
presently past due and owing to Newtek, and for such other and further relief as deemed just and
proper;
AND said Motion having come to be fully submitted to this Court, with no opposition, on
August 28, 2020;
AND, upon the Order of the Honorable Jerome C. Murphy, dated October 23, 2020,
granting Newtek's motion in its entirety, filed with the County Clerk on October 26, 2020, and
awarding judgment against defendant Michael J. Liberman;
NOW, upon the motion of Rivkin Radler LLP, attorneys for plaintiff, Newtek, it is
hereby
2
ADJUDGED, that Plaintiff, Newtek Small Business Finance, LLC, having its principal
place of business at 1981 Marcus Avenue, Suite 130, Lake Success, New York 11042, has
judgment against Defendant Michael J. Liberman, having a last known address of 2655 Rachel
Street, Bellmore, New York 11710, and
(1) does recover from Michael J. Liberman the sum of Three Hundred Three Thousand,
One Hundred Nine Dollars and Thirty-Seven Cents ($303,109.37), plus late fees
incurred in the amount of Three Thousand, One Hundred Fifty-Eight Dollars and
Forty Cents ($3,158.40), plus accrued interest from March 15, 2019 through October
23, 2020 in the amount of Forty Thousand, One Hundred Forty-Nine Dollars and
Thirty-Six Cents ($40,149.36), plus interest thereafter at the statutory rate, as
calculated by the Clerk, in the amount of _ _ _ _ _ _ _ _ _ _ , for a total
amount of
--------------
JUDGMENT signed and entered this _ _ day of January, 2021.
ENTER:
HON. JEROME C. MURPHY, J.S.C.
3
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----...----..-------..------..----.---..-------X
NEWTEK SMALL BUSINESS FINANCE, LLC, Index No. 606569/2020
Plaintiff,
-against- .
AFFIDAVIT OF
MICHAEL J. LIBERMAN, PETER PERSICTIETTE
Defendant.
--....------....--..-...--....---..--------X
STATE OF NEW YORK )
) as.:
COUNTY OF NASSAU )
PETER PERSICHETTE, being duly sworn, deposes and says:
1. I am Vice President, Special Servicing Mañager for Ncwtak Small Busiñcsa
Finance, LLC (hereiñãfter "Newtek"). I submit this atlidavit in support of Newtek's notice of
settlement of judgment against Michael J. Liberman ("Liberman").
2. As Newtok's Vice Presidcñt, Special Servicing Manager, I am personally familiar
with the business records kept and mentained by Newtek in the regular course of its business,
which records are kept and maint:iñêd by empicyces who have a duty to keep and =÷='n
&ccurate and contemporaneous records with the events they purport to record.
3. This affidavit is based upon my review of Newick's business records as relevant to
this action, including the record of interest calculated on the subject Note as described below.
4. The Note, which Liberman unconditionally guarâñteed payment of all amounts
owing thereunder, provides for an interest rate of 6.75% and such interest rate was to be adjusted
every quarter to reflect aa interest rate of 2.75% above the Prime Rate as publi d in the Wall
Street Journal jieqeDkt No. 5, Note. From March 15, 2019 through ontaker 23, 2020, the amount
owed under the Note accrácd interest at a rate of 8.25%. Therefore, the amount that is currently
due and owning from Liberman to Newtek under the Note includes, inter alia, accrued interest
from March 15, 2019 through October 23, 2020 in the amount of Forty Thousand, One Hundred
Forty-Nine Dollars and Thirty-Six Cents ($40,149.36),
5. Newtek requesta a judgment agaiñst Liberman in the full
Accordingly, respectfully
amount of the indebtedness of Note, including but not limited to ~*=+==d'=g principal, interest,
attorneys'
late fees, expenses, fees, and costs.
[1NTENTIONALLY LEFT BLANK]
WHEREFORE, Plaintiff Newtek Small Business Finance, LLC respectfully requests that
this Honorable Court enter judg:nent in favor of Newtck.
Peter Persichette
MARYANN SARRUCCO
Sworn to before me this
.. NotaryPublic,Stateof New York
r 2020 No. 01BA6266611
Qualified
In Nassau Coun .
7cmmlasion Expires8/6/
Notapf Public
5065624.v1
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, CANDICE CHADEESINGH, being sworn, say:
I am not a party to the action, am over 18 years of age and reside in Queens County, New
York.
On December 18, 2020, I served the within NOTICE OF SETTLEMENT OF
JUDGMENT, PROPOSED JUDGMENT, AND AFFIDAVIT OF PETER PERSICHETTE,
SWORN TO ON DECEMBER 14, 2020, by depositing a true copy thereof enclosed in a post-
paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal
Service within New York State, addressed to each of the following persons at the last known
address set forth after each name:
Michael J. Liberman, Pro Se
265 5 Rachel Street
Bellmore, New York 11710
1:
I
PATRICIA A. WILCOX
Nota•y Public, State of New York
No. OlWI-4758506
Qualified in Nassau County
Commission Expires on December 31, 2022
5059672 vl
5059672.vl 4
Preview
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------)( NEWTEK SMALL BUSINESS FINANCE, LLC, Plaintiff, Index No. 606560/2020 -against- NOTICE OF SETTLEMENT OF JUDGMENT MICHAEL J. LIBERMAN, Defendant. -------------------------------------------------------------------)( PLEASE TAKE NOTICE that a Judgment, of which the within is a true copy, will be presented to the Honorable Jerome C. Murphy, J.S.C., along with the Affidavit of Peter Persichette, Vice President, Special Servicing Manager for Newtek, sworn to on the 14th day of December, 2020, located at 100 Supreme Court Drive, Mineola, New York, at 9:30 a.m. on the 5th day of January, 2021. Dated: Uniondale, New York December 18, 2020 Yours, etc., RIVKIN RADLER LLP Attorneys for Plaintiff NEWTEK SMALL BUSINESS FINANCE, LLC By: J' .Naia £. 9Joy4 J'Naia L. Boyd, Esq. 926 R)(R Plaza Uniondale, New York 11556-0926 (516) 357-3000 To: Michael J. Liberman, Pro Se 2655 Rachel Street Bellmore, New York 11710 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------)( NEWTEK SMALL BUSINESS FINANCE, LLC, Plaintiff, Index No. 606560/2020 -against- JUDGMENT MICHAEL J. LIBERMAN, Defendant. -------------------------------------------------------------------)( Plaintiff, Newtek Small Business Finance, LLC ("Newtek" or "Plaintiff') by its attorneys, Rivkin Radler LLP, having moved before this court by the filing of a Notice of Motion for Summary Judgment in Lieu of Complaint pursuant to N.Y. C.P.L.R. § 3213, dated June 30, 2020, and the Affidavit of Peter Persichette, Vice President, Special Servicing Manager for Newtek, sworn to on the 29th day of June, 2020, with exhibits annexed thereto, on the grounds ' . . that this action is based on instruments for the payment of money only, which monies are ! presently past due and owing to Newtek, and for such other and further relief as deemed just and proper; AND said Motion having come to be fully submitted to this Court, with no opposition, on August 28, 2020; AND, upon the Order of the Honorable Jerome C. Murphy, dated October 23, 2020, granting Newtek's motion in its entirety, filed with the County Clerk on October 26, 2020, and awarding judgment against defendant Michael J. Liberman; NOW, upon the motion of Rivkin Radler LLP, attorneys for plaintiff, Newtek, it is hereby 2 ADJUDGED, that Plaintiff, Newtek Small Business Finance, LLC, having its principal place of business at 1981 Marcus Avenue, Suite 130, Lake Success, New York 11042, has judgment against Defendant Michael J. Liberman, having a last known address of 2655 Rachel Street, Bellmore, New York 11710, and (1) does recover from Michael J. Liberman the sum of Three Hundred Three Thousand, One Hundred Nine Dollars and Thirty-Seven Cents ($303,109.37), plus late fees incurred in the amount of Three Thousand, One Hundred Fifty-Eight Dollars and Forty Cents ($3,158.40), plus accrued interest from March 15, 2019 through October 23, 2020 in the amount of Forty Thousand, One Hundred Forty-Nine Dollars and Thirty-Six Cents ($40,149.36), plus interest thereafter at the statutory rate, as calculated by the Clerk, in the amount of _ _ _ _ _ _ _ _ _ _ , for a total amount of -------------- JUDGMENT signed and entered this _ _ day of January, 2021. ENTER: HON. JEROME C. MURPHY, J.S.C. 3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----...----..-------..------..----.---..-------X NEWTEK SMALL BUSINESS FINANCE, LLC, Index No. 606569/2020 Plaintiff, -against- . AFFIDAVIT OF MICHAEL J. LIBERMAN, PETER PERSICTIETTE Defendant. --....------....--..-...--....---..--------X STATE OF NEW YORK ) ) as.: COUNTY OF NASSAU ) PETER PERSICHETTE, being duly sworn, deposes and says: 1. I am Vice President, Special Servicing Mañager for Ncwtak Small Busiñcsa Finance, LLC (hereiñãfter "Newtek"). I submit this atlidavit in support of Newtek's notice of settlement of judgment against Michael J. Liberman ("Liberman"). 2. As Newtok's Vice Presidcñt, Special Servicing Manager, I am personally familiar with the business records kept and mentained by Newtek in the regular course of its business, which records are kept and maint:iñêd by empicyces who have a duty to keep and =÷='n &ccurate and contemporaneous records with the events they purport to record. 3. This affidavit is based upon my review of Newick's business records as relevant to this action, including the record of interest calculated on the subject Note as described below. 4. The Note, which Liberman unconditionally guarâñteed payment of all amounts owing thereunder, provides for an interest rate of 6.75% and such interest rate was to be adjusted every quarter to reflect aa interest rate of 2.75% above the Prime Rate as publi d in the Wall Street Journal jieqeDkt No. 5, Note. From March 15, 2019 through ontaker 23, 2020, the amount owed under the Note accrácd interest at a rate of 8.25%. Therefore, the amount that is currently due and owning from Liberman to Newtek under the Note includes, inter alia, accrued interest from March 15, 2019 through October 23, 2020 in the amount of Forty Thousand, One Hundred Forty-Nine Dollars and Thirty-Six Cents ($40,149.36), 5. Newtek requesta a judgment agaiñst Liberman in the full Accordingly, respectfully amount of the indebtedness of Note, including but not limited to ~*=+==d'=g principal, interest, attorneys' late fees, expenses, fees, and costs. [1NTENTIONALLY LEFT BLANK] WHEREFORE, Plaintiff Newtek Small Business Finance, LLC respectfully requests that this Honorable Court enter judg:nent in favor of Newtck. Peter Persichette MARYANN SARRUCCO Sworn to before me this .. NotaryPublic,Stateof New York r 2020 No. 01BA6266611 Qualified In Nassau Coun . 7cmmlasion Expires8/6/ Notapf Public 5065624.v1 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, CANDICE CHADEESINGH, being sworn, say: I am not a party to the action, am over 18 years of age and reside in Queens County, New York. On December 18, 2020, I served the within NOTICE OF SETTLEMENT OF JUDGMENT, PROPOSED JUDGMENT, AND AFFIDAVIT OF PETER PERSICHETTE, SWORN TO ON DECEMBER 14, 2020, by depositing a true copy thereof enclosed in a post- paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: Michael J. Liberman, Pro Se 265 5 Rachel Street Bellmore, New York 11710 1: I PATRICIA A. WILCOX Nota•y Public, State of New York No. OlWI-4758506 Qualified in Nassau County Commission Expires on December 31, 2022 5059672 vl 5059672.vl 4