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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).
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
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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.
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
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NYSCEF DOC. LL846O24O
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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
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FILED: ROCKLAND COUNTY CLERK 12/08/2023 01:53 PM INDEX NO. 036350/2023
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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.
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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
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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
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