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  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
  • Daniel Peckman, Guisela Peckman v. Ted Mozes, PllcCommercial - Other (Domestication of Judgment) document preview
						
                                

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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/08/2023 STATE OF FLORIDA ) couNTY oF BROWARD ) I HEREBY CERTIFY that the above and foregoing is a true and correct copy of CACE 22-I I305-14 DANIEL PECKMAN ET AL VS TED MOZES, PLLC CERTIFIED COPY OF FINAL DEFAULT JUDGMENT AND CLOSING FILE. AS FILED IN MY OFFICE, WITNESS my hand and Oficial Seal in the city of Fort Lauderdale, Florida, this on this the I3th day of October, 2023. D of the Deputy C, STATE OF FLORIDA ) couNTY oF BROWARD ) I, RLOS AUGUSTO Judge of the Circuit Court o.f the Seventeenth Judicial Circuit, in and for Broward County, Florida, DO CERTIFY that CLORA B PERY whose name is subscribed to tlte aforegoing certificate and attestation is the duly appointed Deputy Clerk of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, and the seal thereto affixed is the genuine seal of the said Court, and that the said certificate and attestation are in due.form and made by the proper officer, and that full faith and credit are due and ought to be given to all of the fficial acts of said Clerk, as well in courts of judicature as elsewhere. IN TESTIMOIW WHEREOF, I have hereunto set my at Fort Lauderdale, Broward County, Florida, this l* day of &,t.,|o*ot A.D., OF THE COTJRT of the Scventeenth Circuit o.f Florida in and for Broward County FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/08/2023 STATE OF FLORIDA ) couNTY oF BROWARD ) I, CLORA B PERRY Deputy Clerk of the Circuit Court in andfor the County of Broward, State of Florida, DO HEREBY CERTIFY this the Honorable CARLOS AUGUSTO RODRIGUEZ. Judge of the Circuit Court of the Seventeenth Judicial Circuit in and .for Broward County, Florida, duly commissioned, qualified and acting and that the signature to the foregoing, certificate and attestation is genuine and in his or her own proper handwriting and that full faith and credit are due and ought to be given to all of his or her fficial acts as well in courts ofjudicature as elsewhere. IN TESTIMOIW WHEREOF, I have unto set my hand and the seal of Said Court at Fort Lauderdale Ftorida, tni, iffiy rf C(bhz\ A.D.,20 Q3 U L Deputy Clerk o.f the Circuit Court In and for Broward County, FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 Instr# L|846O24O NYSCEF DOC. NO. 12 , Page l of 4, Recorded Lo/L7/2022 at 09:24 I*"1 RECEIVED NYSCEF: 12/08/2023 Brovrard County Commission Filing # 159216036 E-Filed 1011312022 07:04:40 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE22011305 DIVISION: 14 JUDGE: Rodriguez. Carlos Augusto (14) Daniel Peckman, et al Plaintiff(s) / Petitioner(s) Ted Mozes, PLLC Defendant(s) / Respondent(s) FINAL DEFAULT JUDGMENT AND CLOSING FILE THIS CAUSE came before the Court on a duly noticed hearing on October 12, 2022, on Plaintiffs, DANIEL PECKMAN and GUISELA PECKMAN (the "Plaintiffs" or "Seller"), Motion for Default Final Judgment (the "Motion"), and the Court having reviewed the Motion, the case file, the record and being otherwise fully advised in the premises, hereby makes the following findings: I. This Court has jurisdiction of the subject matter hereof and the parties hereto. 2. On August l, 2022, Plaintiffs filed a one-count complaint for specific performance against Defendant, TED MOZES, PLLC, ("Defendant"), stemming from Mozes' failure to abide by the terms of that certain Commercial Contract (the "Contract") for the sale and purchase of real property located at 908 NE l5lh Avenue, Ft. Lauderdale, Florida 33304 (the 'ProperQ/"), entered into by Plaintiffs and NADA ASSOCIATES, LLC ("Buyer"), and the Final Judgment entered in the case in Broward County Circuit Court styled Daniel Peclqnan, el. al. v. NADA Assoc'iates, Inc'., Case No. CACE-21- 0l7015 (l8) (the "Lawsuit"). 3. Defendant was served with the Summons and the Complaint in the instant action on August 4, 2022, as per the Affidavit of Service attached to the Notice of Filing Affidavit of Service that was filed in the instant action on August 8,2022 (ECF # 154840458). Page 1 of 4 *++ FILED. BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK IOIIf 12022IJ1:04..40 PM.**** FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 Instr# NYSCEF DOC. LL846O24O NO. 12 , Page 2 of 4 RECEIVED NYSCEF: 12/08/2023 Case Number: CACE2201 1305 4. On April 19,2021, Plaintiffs, as sellers, and Buyer entered into the Contract for the sale and purchaseof the Properry for $1,450,000.00. Buyer posted deposits pursuant to the Contract totaling $145,000.00 (the "Deposit") in escrow with Defendant, who served as the escrow agent pursuant to the Contract. 5. Section l0 of the Contract binds the Defendant. 6. Pursuant to Section l4(b) of the Contract, the Deposit was an agreed upon liquidated damages amount in the event of a default or failure on the part of Buyer to comply wittr its obligations pursuant to the Contract. Moreover, pursuant to Section l0 of the Contract, Defendant was obligated to release the Deposit once a court determines the rights of the parties. 7. On September 8, 2021, Plaintiffs instituted the Lawsuit against the Buyer for breach of contract to recover the agreed upon liquidated damages - i.e., the Deposit. 8. On June 23,2022,the Honorable Fabienne Fahnestock, entered a Final Default Judgment (the "Judgment") in the Lawsuit. 9. Pursuant to the Judgment it was ordered: i. Final Judgment is hereby entered in favor of Plaintiffs, DANIEL PECKMAN and GUISELA PECKMAN, whose address is 3ll N 52nd Ave., Hollywood, FL 33021, and judgment is hereby entered against Defendant, NADA ASSOCIATES, LLC, whose last known address is I Cape May St., Harrison, NJ, 07029, for liquidated damages in the amount of $145,000,00 on Plaintiffs' claim for breach of contract (Count I) of Plaintiffs' Complaint, for which sum let execution issue forthwith. ii. Pursuant to the Contract, as the prevailing party, Plaintiffs are entitled to recover their reasonable attorney's fees, costs and expenses. iii, The Court also directs the Escrow Agent, Ted Mozes, PLLC, to release the entire $145,000.00 deposit to Plaintiffs or Plaintiffs' counsel, in compliance with this Judgment. Either party to this action shall instruct the Escrow Agent to release the full Deposit to Plaintiffor PlaintifPs counsel, or, alternatively, in the event that the Defendant refuses to, or is unable to, for whatever reason, to instruct the Escrow Agent to release the $145,000.00 to Plaintiffs, then this Final Judgment shall serye as notice and order to Escrow Agent to release the $145,000 to Plaintiffs or Plaintiffs' counsel, as per Section l0 of the Contract- 10. Pursuant to Section l7 of the Contract, Plaintiffs are entitled to recover their reasonable attorneys' fees, costs, and expenses. ll. Due to Defendant's failure to file an answer or other responsive pleading or otherwise defend this action, on August 31,2022, the Clerk entered a Clerk's Default against Defendant. Page2ot 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 Instr# NYSCEF DOC. LL846O24O NO. 12 , Page 3 of 4 RECEIVED NYSCEF: 12/08/2023 Case Number: CACE2201 1 305 12. All of Plaintiffs'well-pleaded factual allegations in the Complaint are deemed admitted by virtue of Defendant's default. See, Phadael v. I)eulsche Bank 'frust Co. Ams., 83 So.3d 893, 895 (Fla,4th DCA 2012). 13. On August 31,2022, Plaintiffs filed their Motion for Default Final Judgment. 14. On August 31, zozL,counsel for Plaintiffs noticed Plaintiffs' Motion for Default Final Judgment for hearing to be held on October 12,2022. l5- There are no other pending claims in this matter- IT IS TIIEREFORE ORDERED AND ADJUDGED thAt: Plaintiffs' Motion for Default Final Judgment is hereby GRANTED and Final Judgment is hereby entered in favor of Plaintiffs, DANIEL PECKMAN and GUISELA PECKMAN, with an address of 3l I I N 52nd Ave., Hollywood, FL 33021, and Final Judgment is hereby entered against Defendant, TED MOZES, PLLC, with an address of l6 Gladwyne Ct., Spring Valley, NY 10977, as follows: i. The Court orders and directs Ted Mozes, PLLC to release the entire $145,000.00 deposit held by Defendant pursuant to the Contract to Plaintiffs or Plaintiffs' counsel. The Court takes judicial notice of the judgment before the Honorable Fabienne Fahnestock, Final Judgment entered in the case in Broward County Circuit Court styled Daniel Pec'lcrnan, et. al. v. NADA Assoc'iales, Inc.,Case No. CACE-21-017015 (l 8); ii. Pursuant to the Contract, as the prevailing party, Plaintiffs are entitled to recover their reasonable attorney's fees, costs and expenses from Defendant; iii. Defendant shall take nothing from this action, except that the Court reserves jurisdiction to determine the amount of Plaintiffs' reasonable attomeys' fees, costs, and expenses and to enter further judgments and such other further orders as the Court deems just and proper; and iv. Execution shall immediately issue forthwith and Defendant shall take nothing from Page 3 of 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 fnstr# NYSCEF DOC. 1L846O24O NO. 12 , Page 4 of 4, End of Document RECEIVED NYSCEF: 12/08/2023 Case Number: CACE2201 1305 this action DONE AND ORDERED in Chambers at Broward County, Florida on l3th day of October.2022. < : (Q',- z4; 2' (?u-tu - r,,*"r''' -- C ACE220 I t 30 5 |0 - -- | -2022 4:44 PM 3 Hon. Carlos A Rodriguez CIRCUIT COURT JUDGE Electronically Signed by Carlos A Rodriguez Copies Furnished To: Marko Cerenko , E-mail : gpardo@klugerkaplan.com Marko Cerenko, E-mail : mcerenko@klugerkaplan.com STATE OF FLORIDA COUNry CERTIFY the true the records on Clerk of 204' my hand and aL trl (f 7 cl ! o I C C) o t -r t- I Un Page 4 of 4 FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/08/2023 INVOICE lnvoice #DLE-2023053'1 0B 10t18t2023 c a ililililililillillillillllllllllllllrilllrillililililililililllllllll LEGAL Send Payments To: mFIJrtprTrqfirtlorrros$ DLE Process Servers, lnc 936 Sw 1st Avenue #261 Miami, FL 33130 CRICINAT Phone: (786) 220-9705 Fax: (786) 363-8808 Tax lD 300501491 Kluger, Kaplan, Silverman, Katzen & Levin 201 S Biscayne Boulevard 27th Floor Miami. FL 33131 CRICII\/AT BROWARD COUNry CLERK OF COURTS TRIPLE EXEMPLIFIED JUDGMENT - BILLING NUMBER 8933.0001 REQUESTED BY JANET BETANCOURT DOCUNIENT PICKED UP 1011812023 AND DELIVERED TO KLUGER KAPLAN ON 1O/19/2023 ITEMIZED LISTING Line ltem Quantity Price Amount Courier Fee - PICK UP BROWARD COUNTY CLERK OF COURTS 1.00 95.00 95.00 TOTAL CHARGED $95.00 BALANCE DUE $95.00 Please include the invoice number on your check. Paymenl is due 30 days afler invoiced. A late fee of $5 00 will apply to each unpaid invoice afler 60 days. Any invoice over 120 days past due may be subject to colleclion. Attorney/Clienl is responsible for all costs to include altorney's fees for invoices sent to colleclions. Copy.rght O 1992-2023 DreamBurll Soflware lnc ' Process Servers Toolbox V8 2t Page 1 /'1