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(FILED: ERIE COUNTY CLERK 1172872023 12:52 PM INDEX NO. 809538/2017
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
MONEY INVESTIGATIONS, INC. a/k/a
MONEY INVESTIGATION, INC. STIPULATED ORDER
Plaintiff,
Â¥S. Index No. 809538/2017
BLUE BRIDGE FINANCIAL, LLC a/k/a
BLUE BRIDGE, LLC
Defendant.
Plaintiff MONEY INVESTIGATIONS, INC. a/k/a MONEY INVESTIGATION, INC.
having brought the above-captioned matter against Defendant BLUE BRIDGE FINANCIAL, LLC
a/k/a BLUE BRIDGE, LLC for breach of contract and/or an accounting in connection with certain
collection services allegedly performed by Plaintiffon behalf of Defendant; and
WHEREAS, this matter having come before the Court, Hon. Henry J. Nowak, J.S.C.,
presiding for a bench trial, with Plaintiffs proof having been put on June 21-23 and July 16, 2021;
and
WHEREAS, following Plaintiff resting, Defendant filed a motion for a directed verdict,
see Dkt. Nos. 101 - 105; and
WHEREAS, Plaintiff filed papers in opposition to Defendant’s motion for a directed
verdict, see Dkt. Nos. 106 - 112; and
WHEREAS, the Court then issued a Decision denying Defendant’s motion for a directed
verdict as to the Guillermo Gallegos Paving/Backhoe Services, Inc. account only and otherwise
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INDEX NO. 809538/2017
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023
granting said motion as to all other accounts referenced in Plaintiff’s Complaint, see Dkt. No. 114;
and
WHEREAS, the Court’s Decision was set forth in an Order entered by the Court on July
26, 2022, see Dkt. No. 123; and
WHEREAS, following issuance of the aforementioned Decision and entry of the
aforementioned Order, the parties procceded with the bench trial before the Hon. Henry J. Nowak,
J.S.C., concerning the Guillermo Gallegos Paving/Backhoe Services, Inc. account; and
WHEREAS, Defendant submitted their proof in defense and rested on October 2, 20: 3
and
WHEREAS, Plaintiff
has waived their right to submit rebuttal evidence or testimony; and
WHEREFAS, this matter having been transferred to the Hon. Emilio Colaiacovo, J.S.C.;
and
UPON, this matter having come before the Court for a Court Conference on August 3,
2023, and the Court and the parties having conferred as to the status of this matter and disposition
of same;stipu
NOW THEREFORE, upon the express consent and stipulation of the parties, it is hereby
stipulated and ordered as follows:
ORDERED, that this Court shall have authority to make a determination as to Plaintiff's
entitlement on the remaining account at issue in this matter, that of Guillermo Gallegos
Paving/Backhoe Services, Inc. account; and it is further
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(FILED: ERIE COUNTY CLERK 1172872023 12:52 PM INDEX NO. 809538/2017
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023
ORDERED, that this Court shall have authority to review the prior proceedings had before
the Hon. Henry J. Nowak, J.S.C., via the trial transcripts and those trial exhibits admitted into
evidence; and it is further
ORDERED, that the parties shall have the opportunity to submit legal briefs addressing
pertinent issues as to law or fact concerning the Guillermo Gallegos Paving/Backhoe Services,
Inc. account at issue by November 3, 2023 for the Court’s consideration; and it is further
ORDERED, that the parties shall have the right to seek specific enforcement of the terms
of this Order and to otherwise enforce such terms by whatever means provided by the law.
Vhewbt ZB hoveu ber Ze
Dated: August, 2023 Dated: Ay@fist __, 2023
ZS LGN \ by
ph & Makowski
sel iy Plaintiff
8 Delaware Avenue
Sq. Jeffrey B. Ko
Counsel for Demh Esq.
dant
5350 Main Street, Suite 200
Buffalo, NY 14202 Williamsville, NY 14221
SO ORDERED:
Hon. Emilio Colaiacovo,
GRANTED: November AB, 202 z
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(FILED: ERIE COUNTY CLERK 1172872023 12:52 PM INDEX NO. 809538/2017 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE MONEY INVESTIGATIONS, INC. a/k/a MONEY INVESTIGATION, INC. STIPULATED ORDER Plaintiff, ¥S. Index No. 809538/2017 BLUE BRIDGE FINANCIAL, LLC a/k/a BLUE BRIDGE, LLC Defendant. Plaintiff MONEY INVESTIGATIONS, INC. a/k/a MONEY INVESTIGATION, INC. having brought the above-captioned matter against Defendant BLUE BRIDGE FINANCIAL, LLC a/k/a BLUE BRIDGE, LLC for breach of contract and/or an accounting in connection with certain collection services allegedly performed by Plaintiffon behalf of Defendant; and WHEREAS, this matter having come before the Court, Hon. Henry J. Nowak, J.S.C., presiding for a bench trial, with Plaintiffs proof having been put on June 21-23 and July 16, 2021; and WHEREAS, following Plaintiff resting, Defendant filed a motion for a directed verdict, see Dkt. Nos. 101 - 105; and WHEREAS, Plaintiff filed papers in opposition to Defendant’s motion for a directed verdict, see Dkt. Nos. 106 - 112; and WHEREAS, the Court then issued a Decision denying Defendant’s motion for a directed verdict as to the Guillermo Gallegos Paving/Backhoe Services, Inc. account only and otherwise 1 of 3 INDEX NO. 809538/2017 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023 granting said motion as to all other accounts referenced in Plaintiff’s Complaint, see Dkt. No. 114; and WHEREAS, the Court’s Decision was set forth in an Order entered by the Court on July 26, 2022, see Dkt. No. 123; and WHEREAS, following issuance of the aforementioned Decision and entry of the aforementioned Order, the parties procceded with the bench trial before the Hon. Henry J. Nowak, J.S.C., concerning the Guillermo Gallegos Paving/Backhoe Services, Inc. account; and WHEREAS, Defendant submitted their proof in defense and rested on October 2, 20: 3 and WHEREAS, Plaintiff has waived their right to submit rebuttal evidence or testimony; and WHEREFAS, this matter having been transferred to the Hon. Emilio Colaiacovo, J.S.C.; and UPON, this matter having come before the Court for a Court Conference on August 3, 2023, and the Court and the parties having conferred as to the status of this matter and disposition of same;stipu NOW THEREFORE, upon the express consent and stipulation of the parties, it is hereby stipulated and ordered as follows: ORDERED, that this Court shall have authority to make a determination as to Plaintiff's entitlement on the remaining account at issue in this matter, that of Guillermo Gallegos Paving/Backhoe Services, Inc. account; and it is further 2 of 3 (FILED: ERIE COUNTY CLERK 1172872023 12:52 PM INDEX NO. 809538/2017 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 11/28/2023 ORDERED, that this Court shall have authority to review the prior proceedings had before the Hon. Henry J. Nowak, J.S.C., via the trial transcripts and those trial exhibits admitted into evidence; and it is further ORDERED, that the parties shall have the opportunity to submit legal briefs addressing pertinent issues as to law or fact concerning the Guillermo Gallegos Paving/Backhoe Services, Inc. account at issue by November 3, 2023 for the Court’s consideration; and it is further ORDERED, that the parties shall have the right to seek specific enforcement of the terms of this Order and to otherwise enforce such terms by whatever means provided by the law. Vhewbt ZB hoveu ber Ze Dated: August, 2023 Dated: Ay@fist __, 2023 ZS LGN \ by ph & Makowski sel iy Plaintiff 8 Delaware Avenue Sq. Jeffrey B. Ko Counsel for Demh Esq. dant 5350 Main Street, Suite 200 Buffalo, NY 14202 Williamsville, NY 14221 SO ORDERED: Hon. Emilio Colaiacovo, GRANTED: November AB, 202 z 3 of 3