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FILED: OSWEGO COUNTY CLERK 12/13/2023 11:13 AM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/13/2023
At a Term ofthe Supreme Court ofthe State
ofNew York, held in and for the County of
Oswego, at Oswego County Supreme Courl
25 East Oneida Street, Oswego, New York
on the /i day o1 December ,2023.
PRESENT: HONORABLE KAREN M. BRANDT BROWN
ruSTICE OF THE SI.'PREMECOURT
ST]PREME COURT
STATE OFNEW YORK COT]NTY OF OSWEGO
TBF FINANCIAL, LLC,
Plaintiff,
vs. ORDER AND JUDGMENT
PERT'ORMANCE HEATING AND COOLING, INC.,
SEAN P. BEARDSLEY, and Index No. : EF C-2023 -l 47 3
KENNETH C. SCOTT JR.
Defendants.
Plaintiff TBF Financial, LLC, by its attomeys, Boylan Code LLP, having moved
this Court, pursuant to CPLR 3215, for an order for default judgment against Defendants
Performance Heating and Cooling, Inc., Sean P. Beardsley, and Kenneth C. Scott Jr. (the
"Defendants"), upon the ground that Defendants have not answered the Verified Complaint
herein in a timely fashion, and this Court having read and considered ttre Afrrmation
in Support of Plaintiffs Application for Default Judgment of Robert J. Marks, Esq.,
affirmed on the llth day of December,2l2}, fid the exhibits annexed thereto, and it
appearing by said Affirmation that Defendants have not made payment of any amount
alleged in the Verified Complaint to be due, and this Court having had due deliberation
with respect to this motion;
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FILED: OSWEGO COUNTY CLERK 12/13/2023 11:13 AM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/13/2023
Now, on motion of Boylan Code LLP, Robert J. Marks, Esq., attomeys for Plaintiff'
it is
ORDERED that Plaintiffs Motion fot Default Judgment against Defendants
Performance Heating and Cooling, Inc., Sean P. Beardsley, and Kenneth C. Scott Jr. in the
amount of$2,680.03 due on Agreement #l and $30,084.74 due on Agreement #2 for a total
Default Judgment of $32,764.77 is hereby GRANTED; and it is further,
ORDERED that Plaintiffs request for a judgment against Defendants approving
Plaintilfs legal fees of$l,457.50 and disbunements in the amount of$595.00 incurred in
comection with this action, as expressly agreed to by Defendants in the Agreements, is
hereby GRANTED.; and it is further ir*
Signed al Oswego, New York, this l,l day of December .2023,
/1
'l
Honorable KAREN M. BRANDT BROWN
Supreme Court Justice
ENTERED
ORDERED, that Plaintlff shal1 have execution on the judgments granted herein upon
Plaintiffrs filing of its rrStatement for Judgmentrr with the 0swego County Clerk.
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FILED: OSWEGO COUNTY CLERK 12/13/2023 11:13 AM INDEX NO. EFC-2023-1473 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/13/2023 At a Term ofthe Supreme Court ofthe State ofNew York, held in and for the County of Oswego, at Oswego County Supreme Courl 25 East Oneida Street, Oswego, New York on the /i day o1 December ,2023. PRESENT: HONORABLE KAREN M. BRANDT BROWN ruSTICE OF THE SI.'PREMECOURT ST]PREME COURT STATE OFNEW YORK COT]NTY OF OSWEGO TBF FINANCIAL, LLC, Plaintiff, vs. ORDER AND JUDGMENT PERT'ORMANCE HEATING AND COOLING, INC., SEAN P. BEARDSLEY, and Index No. : EF C-2023 -l 47 3 KENNETH C. SCOTT JR. Defendants. Plaintiff TBF Financial, LLC, by its attomeys, Boylan Code LLP, having moved this Court, pursuant to CPLR 3215, for an order for default judgment against Defendants Performance Heating and Cooling, Inc., Sean P. Beardsley, and Kenneth C. Scott Jr. (the "Defendants"), upon the ground that Defendants have not answered the Verified Complaint herein in a timely fashion, and this Court having read and considered ttre Afrrmation in Support of Plaintiffs Application for Default Judgment of Robert J. Marks, Esq., affirmed on the llth day of December,2l2}, fid the exhibits annexed thereto, and it appearing by said Affirmation that Defendants have not made payment of any amount alleged in the Verified Complaint to be due, and this Court having had due deliberation with respect to this motion; 1 of 2 FILED: OSWEGO COUNTY CLERK 12/13/2023 11:13 AM INDEX NO. EFC-2023-1473 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/13/2023 Now, on motion of Boylan Code LLP, Robert J. Marks, Esq., attomeys for Plaintiff' it is ORDERED that Plaintiffs Motion fot Default Judgment against Defendants Performance Heating and Cooling, Inc., Sean P. Beardsley, and Kenneth C. Scott Jr. in the amount of$2,680.03 due on Agreement #l and $30,084.74 due on Agreement #2 for a total Default Judgment of $32,764.77 is hereby GRANTED; and it is further, ORDERED that Plaintiffs request for a judgment against Defendants approving Plaintilfs legal fees of$l,457.50 and disbunements in the amount of$595.00 incurred in comection with this action, as expressly agreed to by Defendants in the Agreements, is hereby GRANTED.; and it is further ir* Signed al Oswego, New York, this l,l day of December .2023, /1 'l Honorable KAREN M. BRANDT BROWN Supreme Court Justice ENTERED ORDERED, that Plaintlff shal1 have execution on the judgments granted herein upon Plaintiffrs filing of its rrStatement for Judgmentrr with the 0swego County Clerk. 2 2 of 2