Preview
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022
At an IAS Part of the Supreme
Court of the State of New York, held
in and for the County of Rockland
at the Courthouse thereof, One South
Main Slreet, New City, NY
on the f
- day of May, 2022
PRESENT: Honorable Robert J. Berliner
JUSTICE OF THE SUPREME COURT
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF ROCKLAND
X
HOWARD FOX Index No: 03433712021
Plaintiff,
- against - ORDER ANI) JUDGMENT
IIVOMED IMAGING LLC dlbla EVOI PRODUCTIONS.
EVO MED IMAGING PRODUCTIONS LLC AIWA
EVOI PRODLJCTIONS, MIC]HELLE WONG.
INDIVIDUALLY. NUNNA SRTNIVAS, INDIVIDUALLY.
JASON RODRIGIJEZ, INDIVIDUALLY, ANd
JOHN DOE AND JANE DOE #l through #10,
INDIVIDUALLY, REPRESENTING THE TOP 10 MEMBERS
OF EVOMED IMAGING LLC and/or EVO MED IMAGING
PRODI.JCTIONS LLC,
Defendants.
X
The Plaintiff, HOWARD FOX, filed a Summons and Verified Complaint against the
Defendants on July 22,2021, and the Defendants, EVOMED IMAGING LLC dll'tla EVOI
.A]KIA EVOI
PRODLJCTIONS. EVO MED IMACINC PRODI.JCTIONS LLC
PRODI.JCTIONS" NI"INNA SRINIVAS, and JASON RODzuGUEZ,, failed to timely appear
and/or respond to the Complaint. A Motion for a Default Judgment was filed on November l,
Z02l and was effectively unopposed. By Decision and Order dated March 24,2022 and served
with Notice of Entry on March 25,2022, the portion of Plaintiff s Motion seeking a default
judgment against EVOMED IMAGINC LLC dlbla EVOI PRODI.JCTIONS, EVC) MEI)
1 of 3
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022
IMACiING PRODUCI'IONS LLC a/k/a IIVO| PRODLJCI'IONS for breach of the Plaintiff s
Employment Agreement and for violations of Article 6 of the Labor Law was granted and it was
further ordered that the issue of damages be determined by Inquest.
UPON this matter having come before this Court for an Inquest on the 3'd day of May,
2022,and after due deliberation of the testimony of the Plaintifl HOWARD FOX, and all of the
pleadings, affidavits of service, affirmations of attorneys' fees, bill of costs, and exhibits
submitted herewith, and with no adverse interest being represented; and it further appearing that
due and sufficient notice hereof has been given; it is hereby
ORDERED, ADJUDGED and DECREED, that the Clerk enter a Judgment in favor of
the plaintifl HOWARD FOX, with a principal place of residence at 8l Lackawanna Trai[,
Suffern, NY 10901, as against the Defendants, EVOMED IMAGING LLC dlbla EVOI
pRODUCTIONS ancl trVO MED IMAGING PRODUCTIONS LLC' alWa EVOI
pRODLICITIONS, jointly ancl severally, bc-rth with a principal place of business and address for
service of process c/o Michette Wong, CEO, 303 Pulaski Avenue, Staten [sland, NY 10303, on
the First Cause of Action for Breach of Contractand on the Fourth Cause of Action for
violations of Article 6 of the Labor Law, as follows:
i. $94,5 lg.Z3 in salary/wages due and owing pursuant io Part VI of the Employment
Contract; and
ii. $5,000 in commissions due and owing pursuant to Part VI(a) of the Employment
Contract; and
iii. $6,400 in paid time off due and owing pursuant to Parts IX and X of the
Employment Contract; and
iv. $95,000 in severance pay due and owing pursuant to Part III of the Employment
Contract; and
2
2 of 3
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022
V $22,608.00 in reasonable attorneys' fees as provided for pursuant to Article 6,
Section 198 of the Labor Law; and
vl. $2,335.60 in costs and expenses as provided for pursuant to Article 6, Section 198 of
the Labor Law; and
vll
t.rquest and reasonabty ant'eipated as necessf,'Y to cot eluds tllis IIatte'i and
vlll. $q"r,S\1. J3 in liquidated damages pursuant to Article 6, Section
198 of the Labor Law; and
lx.
t
Ui"ejudgmentinterestatthecurrentstatutoryratefromJu|y22,
2021 to the date of this Order in the amount of $ g S\
All amounting to a final Judgment in the amount of S3\3r31O .S1fl- ; plus continuing
interest at the legal rate in effect on the date of this Judgment; and that the Plaintiff, Howard Fox,
have execution therefor.
Dated: Ptn r ol , 2022
J
ENTER:
il/e*
Hon. Robert M. Berliner
3
S.d\\^ Ns. o3\j3?/asut 3 of 3
Preview
FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022 At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Rockland at the Courthouse thereof, One South Main Slreet, New City, NY on the f - day of May, 2022 PRESENT: Honorable Robert J. Berliner JUSTICE OF THE SUPREME COURT SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF ROCKLAND X HOWARD FOX Index No: 03433712021 Plaintiff, - against - ORDER ANI) JUDGMENT IIVOMED IMAGING LLC dlbla EVOI PRODUCTIONS. EVO MED IMAGING PRODUCTIONS LLC AIWA EVOI PRODLJCTIONS, MIC]HELLE WONG. INDIVIDUALLY. NUNNA SRTNIVAS, INDIVIDUALLY. JASON RODRIGIJEZ, INDIVIDUALLY, ANd JOHN DOE AND JANE DOE #l through #10, INDIVIDUALLY, REPRESENTING THE TOP 10 MEMBERS OF EVOMED IMAGING LLC and/or EVO MED IMAGING PRODI.JCTIONS LLC, Defendants. X The Plaintiff, HOWARD FOX, filed a Summons and Verified Complaint against the Defendants on July 22,2021, and the Defendants, EVOMED IMAGING LLC dll'tla EVOI .A]KIA EVOI PRODLJCTIONS. EVO MED IMACINC PRODI.JCTIONS LLC PRODI.JCTIONS" NI"INNA SRINIVAS, and JASON RODzuGUEZ,, failed to timely appear and/or respond to the Complaint. A Motion for a Default Judgment was filed on November l, Z02l and was effectively unopposed. By Decision and Order dated March 24,2022 and served with Notice of Entry on March 25,2022, the portion of Plaintiff s Motion seeking a default judgment against EVOMED IMAGINC LLC dlbla EVOI PRODI.JCTIONS, EVC) MEI) 1 of 3 FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022 IMACiING PRODUCI'IONS LLC a/k/a IIVO| PRODLJCI'IONS for breach of the Plaintiff s Employment Agreement and for violations of Article 6 of the Labor Law was granted and it was further ordered that the issue of damages be determined by Inquest. UPON this matter having come before this Court for an Inquest on the 3'd day of May, 2022,and after due deliberation of the testimony of the Plaintifl HOWARD FOX, and all of the pleadings, affidavits of service, affirmations of attorneys' fees, bill of costs, and exhibits submitted herewith, and with no adverse interest being represented; and it further appearing that due and sufficient notice hereof has been given; it is hereby ORDERED, ADJUDGED and DECREED, that the Clerk enter a Judgment in favor of the plaintifl HOWARD FOX, with a principal place of residence at 8l Lackawanna Trai[, Suffern, NY 10901, as against the Defendants, EVOMED IMAGING LLC dlbla EVOI pRODUCTIONS ancl trVO MED IMAGING PRODUCTIONS LLC' alWa EVOI pRODLICITIONS, jointly ancl severally, bc-rth with a principal place of business and address for service of process c/o Michette Wong, CEO, 303 Pulaski Avenue, Staten [sland, NY 10303, on the First Cause of Action for Breach of Contractand on the Fourth Cause of Action for violations of Article 6 of the Labor Law, as follows: i. $94,5 lg.Z3 in salary/wages due and owing pursuant io Part VI of the Employment Contract; and ii. $5,000 in commissions due and owing pursuant to Part VI(a) of the Employment Contract; and iii. $6,400 in paid time off due and owing pursuant to Parts IX and X of the Employment Contract; and iv. $95,000 in severance pay due and owing pursuant to Part III of the Employment Contract; and 2 2 of 3 FILED: ROCKLAND COUNTY CLERK 05/09/2022 09:00 AM INDEX NO. 034337/2021 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/10/2022 V $22,608.00 in reasonable attorneys' fees as provided for pursuant to Article 6, Section 198 of the Labor Law; and vl. $2,335.60 in costs and expenses as provided for pursuant to Article 6, Section 198 of the Labor Law; and vll t.rquest and reasonabty ant'eipated as necessf,'Y to cot eluds tllis IIatte'i and vlll. $q"r,S\1. J3 in liquidated damages pursuant to Article 6, Section 198 of the Labor Law; and lx. t Ui"ejudgmentinterestatthecurrentstatutoryratefromJu|y22, 2021 to the date of this Order in the amount of $ g S\ All amounting to a final Judgment in the amount of S3\3r31O .S1fl- ; plus continuing interest at the legal rate in effect on the date of this Judgment; and that the Plaintiff, Howard Fox, have execution therefor. Dated: Ptn r ol , 2022 J ENTER: il/e* Hon. Robert M. Berliner 3 S.d\\^ Ns. o3\j3?/asut 3 of 3