Preview
FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
BEN-ZION ALCALAY, : Index No. 602826/2022
Plaintiff, :
:
-against- : Notice of Appeal
ATLAS CYBERSECURITY, LLC, a New York :
Limited Liability Company and BARRY
DYNKIN,
Defendant(s). :
X
PLEASE TAKE NOTICE that Defendants hereby appeal to the Appellate Division of the
Supreme Court of the State of New York, Second Judicial Department from a Decision issued by
the Honorable Randy Sue Marber of the Supreme Court of the State of New York, County of
Nassau dated April 24, 2023, and entered by the Nassau County Clerk on April 25, 2023.
Dated: May 24, 2023
Great Neck, New York
_________________________
Barry Dynkin
Attorney for Defendants
130 Cooper Drive
Great Neck, New York 11023
barry@dynkinlaw.com
516-238-7207
1
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Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
Date Notice of Appeal Filed
- against -
For Appellate Division
Case Type Filing Type
Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding
CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78
Action Commenced under CPLR 214-g CPLR Article 78 Executive Law § 298
Habeas Corpus Proceeding
Eminent Domain CPLR 5704 Review
Labor Law 220 or 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
Nature of Suit: Check up to of the following categories which best reflect the nature of the case.
Administrative Review Business Relationships Commercial Contracts
Declaratory Judgment Domestic Relations Election Law Estate Matters
Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole
Real Property Statutory Taxation Torts
(other than foreclosure)
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
Amended Decree Determination Order Resettled Order
Amended Judgement Finding Order & Judgment Ruling
Amended Order Interlocutory Decree Partial Decree Other (specify):
Decision Interlocutory Judgment Resettled Decree
Decree Judgment Resettled Judgment
Court: County:
Dated: Entered:
Judge (name in full): Index No.:
Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury
Prior Unperfected Appeal Information
Are any appeals arising in the same action or proceeding currently pending in the court? Yes No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: County:
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: County:
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represente (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
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FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
______________________________________________
BEN-
Plaintiff,
NOTICE OF ENTRY
Defendants
NOTICE OF INTENT
PLEASE TAKE NOTICE that
a 123 24th , as to
002 ’ ,
Nassau
________/JMD/____________________
Attorneys for Plaintiff
228 East 45th Street
Suite 1
New York, New York 10017
-5971
-9852
DAVIDOFF LAW FIRM, PLLC
228 East 45th - -9852
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
SHORT FORM ORDER
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Present: HON. RANDY SUE MARBER
JUSTICE TRIAL/IAS PART 2
______________________________________________X
BEN-ZION ALCALAY,
Plaintiff, Index No.: 602826/22
2
-against- 12/09/22
XXX
ATLAS CYBERSECURITY, LLC, a New York Limited
Liability Company and BARRY DYNKIN,
Defendants.
______________________________________________X
Papers Submitted:
Notice of .x
Memo of Law in Support .x
Affidavit in Opposition x
Affirmation in Opposition x
Affirmation in Reply .x
Memo of Law in Reply .x
Upon the foregoing papers, the motion by the Plaintiff, BEN ZION-
ALCALAY, seeking an Order, pursuant to CPLR §3213, for summary judgment in lieu of
a complaint, is determined as set forth hereinafter.
By Summons with Notice of Motion dated March 4, 2022, the Plaintiff
commenced this action to domesticate and enforce a final judgment ( Judgment ) entered
by the Circuit Court of the 15th Judicial Circuit in and Palm Beach County, Florida (the
, plus statutory interest accruing from
November 23, 2020 (See
1
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A ). This Judgment, rendered on December 7,
2021, followed proceedings in the Florida Court based on a complaint filed by the Plaintiff
in that jurisdiction.
That complaint, styled as Ben-Zion Alcalay v Atlas CyberSecurity LLC and
Barry Dynkin (Case No. 502020CA12935)
Defendants alleged breach of (1) a lease agreement; (2) a guaranty agreement; and (3) a
business agreement, all of which involved the Plaintiff and the Defendant herein (See,
The Defendants defaulted in the Florida Action, and on June 23,
2021, the Florida Court granted a default judgment in Plaintiff s favor.
On August 23, 2021, the Defendants filed a motion to vacate their default in
the Florida Action. In seeking to vacate the default, the Defendants alleged, inter alia, that
the Plaintiff failed to properly serve the Defendants with the complaint and amended
complaint in that matter, and that the
the result of excusable neglect; that Defendants had a meritorious defense; and that
Defendants acted with diligence in seeking to vacate their default.
Motion to Vacate the Default (Plain M ) finding that (1) Defendants
had been properly served and that therefore the Florida Court had proper jurisdiction over
Defendants, and that (2) Defendants had failed to show a reasonable excuse for the default.
In so doing, it is wo
contention concerning the alleged lack of proper service in the Florida Action lacked merit
and that the testimony proffered in support thereof was not credible (Ex. M , ¶57, p. 15).
2
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Following the entry of the final Judgment noted above, the Plaintiff
commenced the instant action to enforce the Judgment in the State of New York,
specifically, Nassau County, where Defendants reside, to enforce the Florida Judgment.
The Court notes that both parties the Plaintiff anticipatorily and the Defendant in
opposition attempt to raise again the issue of whether personal jurisdiction was properly
obtained in the Florida Action. That issue is, at best, a red herring.
The Defendants cannot now be heard to collaterally attack the Florida
Judgment in this action on the basis of whether the default judgment in the Florida Court
was proper and/or whether the Florida Court had jurisdiction over them in the first instance
(See, e.g., Westland Garden State Plaza, L.P. v Ezat, Inc., 25 AD3d 516 [1st Dept 2006]);
see also, CIBC Mellon Tr. Co. v Mora Hotel Corp., 261 AD2d 81, 91 [1st Dept 2002]
[where defendant makes special appearance to challenge jurisdiction of the sister S
court and whose arguments were duly considered and rejected by the court, defendant may
not be heard to raise the jurisdictional challenge anew when plaintiff seeks to enforce the
judgment in a sister State).
In consideration of the parties respective submissions, the Court finds that
the Florida Judgment was properly entered, and such Judgment is entitled to full faith and
credit in the State of New York (See, e.g., Balboa Capital Corp. v Plaza Auto Care, Inc.,
178 AD3d 646, 647-648 [2d Dept 2019]). Due to the continually accruing interest,
however, the Plaintiff is directed to settle the Judgment on notice to Defendants.
Accordingly, it is hereby
3
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
ORDERED, that the Plaintiff s motion for summary judgment in lieu of
complaint, is GRANTED, consistent with the terms of this Order.
Settle Judgment on Notice.
This constitutes the decision and order of this Court.
DATED: Mineola, New York
April 24, 2023
____________________________
Hon. Randy Sue Marber, J.S.C.
XXX
4
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FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
BEN-ZION ALCALAY, : Index No. 602826/2022
Plaintiff, :
:
-against- : Affirmation of Service
ATLAS CYBERSECURITY, LLC, a New York :
Limited Liability Company and BARRY
DYNKIN,
Defendant(s). :
X
I am an attorney duly licensed to practice law in the state of New York.
On ay 24, 2023, I served a true copy of the annexed Notice of Appeal with all
accompanying papers on all parties to this action via NYSCEF.
Dated: May 24, 2023
Great Neck, New York
_________________________
Barry Dynkin
Attorney for Defendants
130 Cooper Drive
Great Neck, New York 11023
barry@dynkinlaw.com
516-238-7207
1
11 of 11
Preview
FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X BEN-ZION ALCALAY, : Index No. 602826/2022 Plaintiff, : : -against- : Notice of Appeal ATLAS CYBERSECURITY, LLC, a New York : Limited Liability Company and BARRY DYNKIN, Defendant(s). : X PLEASE TAKE NOTICE that Defendants hereby appeal to the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department from a Decision issued by the Honorable Randy Sue Marber of the Supreme Court of the State of New York, County of Nassau dated April 24, 2023, and entered by the Nassau County Clerk on April 25, 2023. Dated: May 24, 2023 Great Neck, New York _________________________ Barry Dynkin Attorney for Defendants 130 Cooper Drive Great Neck, New York 11023 barry@dynkinlaw.com 516-238-7207 1 1 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. Date Notice of Appeal Filed - against - For Appellate Division Case Type Filing Type Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78 Action Commenced under CPLR 214-g CPLR Article 78 Executive Law § 298 Habeas Corpus Proceeding Eminent Domain CPLR 5704 Review Labor Law 220 or 220-b Public Officers Law § 36 Real Property Tax Law § 1278 Nature of Suit: Check up to of the following categories which best reflect the nature of the case. Administrative Review Business Relationships Commercial Contracts Declaratory Judgment Domestic Relations Election Law Estate Matters Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole Real Property Statutory Taxation Torts (other than foreclosure) 2 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. Amended Decree Determination Order Resettled Order Amended Judgement Finding Order & Judgment Ruling Amended Order Interlocutory Decree Partial Decree Other (specify): Decision Interlocutory Judgment Resettled Decree Decree Judgment Resettled Judgment Court: County: Dated: Entered: Judge (name in full): Index No.: Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury Prior Unperfected Appeal Information Are any appeals arising in the same action or proceeding currently pending in the court? Yes No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: County: Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: County: Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. 3 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represente (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : 5 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 ______________________________________________ BEN- Plaintiff, NOTICE OF ENTRY Defendants NOTICE OF INTENT PLEASE TAKE NOTICE that a 123 24th , as to 002 ’ , Nassau ________/JMD/____________________ Attorneys for Plaintiff 228 East 45th Street Suite 1 New York, New York 10017 -5971 -9852 DAVIDOFF LAW FIRM, PLLC 228 East 45th - -9852 6 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 SHORT FORM ORDER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Present: HON. RANDY SUE MARBER JUSTICE TRIAL/IAS PART 2 ______________________________________________X BEN-ZION ALCALAY, Plaintiff, Index No.: 602826/22 2 -against- 12/09/22 XXX ATLAS CYBERSECURITY, LLC, a New York Limited Liability Company and BARRY DYNKIN, Defendants. ______________________________________________X Papers Submitted: Notice of .x Memo of Law in Support .x Affidavit in Opposition x Affirmation in Opposition x Affirmation in Reply .x Memo of Law in Reply .x Upon the foregoing papers, the motion by the Plaintiff, BEN ZION- ALCALAY, seeking an Order, pursuant to CPLR §3213, for summary judgment in lieu of a complaint, is determined as set forth hereinafter. By Summons with Notice of Motion dated March 4, 2022, the Plaintiff commenced this action to domesticate and enforce a final judgment ( Judgment ) entered by the Circuit Court of the 15th Judicial Circuit in and Palm Beach County, Florida (the , plus statutory interest accruing from November 23, 2020 (See 1 7 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 A ). This Judgment, rendered on December 7, 2021, followed proceedings in the Florida Court based on a complaint filed by the Plaintiff in that jurisdiction. That complaint, styled as Ben-Zion Alcalay v Atlas CyberSecurity LLC and Barry Dynkin (Case No. 502020CA12935) Defendants alleged breach of (1) a lease agreement; (2) a guaranty agreement; and (3) a business agreement, all of which involved the Plaintiff and the Defendant herein (See, The Defendants defaulted in the Florida Action, and on June 23, 2021, the Florida Court granted a default judgment in Plaintiff s favor. On August 23, 2021, the Defendants filed a motion to vacate their default in the Florida Action. In seeking to vacate the default, the Defendants alleged, inter alia, that the Plaintiff failed to properly serve the Defendants with the complaint and amended complaint in that matter, and that the the result of excusable neglect; that Defendants had a meritorious defense; and that Defendants acted with diligence in seeking to vacate their default. Motion to Vacate the Default (Plain M ) finding that (1) Defendants had been properly served and that therefore the Florida Court had proper jurisdiction over Defendants, and that (2) Defendants had failed to show a reasonable excuse for the default. In so doing, it is wo contention concerning the alleged lack of proper service in the Florida Action lacked merit and that the testimony proffered in support thereof was not credible (Ex. M , ¶57, p. 15). 2 8 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 Following the entry of the final Judgment noted above, the Plaintiff commenced the instant action to enforce the Judgment in the State of New York, specifically, Nassau County, where Defendants reside, to enforce the Florida Judgment. The Court notes that both parties the Plaintiff anticipatorily and the Defendant in opposition attempt to raise again the issue of whether personal jurisdiction was properly obtained in the Florida Action. That issue is, at best, a red herring. The Defendants cannot now be heard to collaterally attack the Florida Judgment in this action on the basis of whether the default judgment in the Florida Court was proper and/or whether the Florida Court had jurisdiction over them in the first instance (See, e.g., Westland Garden State Plaza, L.P. v Ezat, Inc., 25 AD3d 516 [1st Dept 2006]); see also, CIBC Mellon Tr. Co. v Mora Hotel Corp., 261 AD2d 81, 91 [1st Dept 2002] [where defendant makes special appearance to challenge jurisdiction of the sister S court and whose arguments were duly considered and rejected by the court, defendant may not be heard to raise the jurisdictional challenge anew when plaintiff seeks to enforce the judgment in a sister State). In consideration of the parties respective submissions, the Court finds that the Florida Judgment was properly entered, and such Judgment is entitled to full faith and credit in the State of New York (See, e.g., Balboa Capital Corp. v Plaza Auto Care, Inc., 178 AD3d 646, 647-648 [2d Dept 2019]). Due to the continually accruing interest, however, the Plaintiff is directed to settle the Judgment on notice to Defendants. Accordingly, it is hereby 3 9 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 ORDERED, that the Plaintiff s motion for summary judgment in lieu of complaint, is GRANTED, consistent with the terms of this Order. Settle Judgment on Notice. This constitutes the decision and order of this Court. DATED: Mineola, New York April 24, 2023 ____________________________ Hon. Randy Sue Marber, J.S.C. XXX 4 10 of 11 FILED: NASSAU COUNTY CLERK 05/24/2023 04:18 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 05/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X BEN-ZION ALCALAY, : Index No. 602826/2022 Plaintiff, : : -against- : Affirmation of Service ATLAS CYBERSECURITY, LLC, a New York : Limited Liability Company and BARRY DYNKIN, Defendant(s). : X I am an attorney duly licensed to practice law in the state of New York. On ay 24, 2023, I served a true copy of the annexed Notice of Appeal with all accompanying papers on all parties to this action via NYSCEF. Dated: May 24, 2023 Great Neck, New York _________________________ Barry Dynkin Attorney for Defendants 130 Cooper Drive Great Neck, New York 11023 barry@dynkinlaw.com 516-238-7207 1 11 of 11