Preview
INDEX NO. 12016007394
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt# 3752532
Book Page CIVIL
Return To: No. Pages: 29
MARK H. STEIN
600 Bausch & Lomb Place Instrument: EXHIBIT(S)
Rochester, NY 14692
Control #: 202402211910
Index #: 12016007394
Date: 02/21/2024
LOFTWORKS 181 LLC Time: 4:14:17 PM
BURGO, GARY
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
INT
eD MONRO OUN Kk U4: Dv INDEEXNE: I2TLROOBEBY 394
NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 02/21/2024
EXHIBIT C
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LACY KATZEN LLP Attorneys at Law
130 East Main Street, PO Box 22878, Rochester, NY 14692-2878
Telephone: (585) 454-5650 (866) 250-2112
Fax: (585) 269-3077
September 12, 2016
Monroe County Clerk
39 West Main Street
Rochester NY 14614
Re: Loftworks 181 LLC
Vs. Gary Burgo
Index No. 16/7394
Our File No. 201600366.001
Dear Sir/Madam:
Enclosed please find an original and three copies of the RJI, an original Order, and our
firm checks totaling $140.00. Please file the RJI and attach the filed copy to the Order, and
forward this matter to the appropriate Justice for signature. Once it has been signed, please
return the original to our office in the envelope provided. Thank you.
Very truly yours,
LACY KATZEN LLP
LaTonya R. McGowan
Judgment Clerk
PUNCTTINI
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024
REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only:
UCS-840 (7/2012) IAS Entry Date
SUPREME COURT, COUNTY OF Monroe
Index No.: 16/7394 Judge Assigned
Date Index Issued: 07/05/2016
CAPTION: Enter the complete case caption. Do not use et al or et ano. If more space is required, RJi Date ee
attach a caption rider sheet.
Loftworks 181 LLC
Plaintiff(s)/Petitioner(s)
-against
Gary Burgo
ALON Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.
MATRIMONIAL COMMERCIAL
OD Contested oe isiness Entity (including corporations, partnerships, LLCs, etc.)
NOTE: For all Matrimonial actions where the parties have children under ontract
the age of 18, complete and attach the MATRIMONIAL RJl Addendum.
For Uncontested Matrimonial actions, use RJ! form UD-13 Ci insurance (where insurer is a party, except arbitration)
TORTS CUCCc (including sales, negotiable instruments)
D Other Commercial:
DAsbestos (specify)
Ci Breast Implant
O Environmental: NOTE: For Commercial Division assignment requests [22 NYCRR §
ee 202.70(d)}, complete and attach the COMMERCIAL DIV RJI Addendum.
(specify)
REAL PROPERTY: How many properties does the application include?
O1 Medical, Dental, or Podiatric Malpractice
(Condemnation
(1 Motor Vehicle
Mortgage Foreclosure (specify): O Residential C1 Commercial
Products Liability:
(specify) Property Address:
NOTE: For Foreclosure actions involving a one- to four-family, owner-
1 Other Negligence:
occupied, residential property, or an owner-occupied condominium,
(specify) complete and attach the FORECLOSURE Rul Addendum.
CO Other Professional Malpractice: Tax Certiorari — Section: Block: Lot:
(specify) Tax Foreclosure
0 Other Tort: other Real Property:
(specify (specify)
OTHER MATTERS. SPECIAL PROCEEDINGS
U Certificate of incorporation/Dissolution [see NOTE under Commercial] CICPLR Article 75 (Arbitration) [see NOTE under Commercial]
O Emergency Medical Treatment COCPLR Article 78 (Body or Officer)
O Habeas Corpus Election Law
CO Local Court Appeal COMHL Article 9.60 (Kendra's Law)
CO Mechanic's Lien (MHL Article 10 (Sex Offender Confinement-Initial)
(Name Change [OMHL Article 10 (Sex Offender Confinement-Review)
O Pistol Permit Revocation Hearing (MHL Article 81 (Guardianship)
Sale or Finance of Religious/Not-for-Profit Property Other Mental Hygiene:
O Other: (specify)
(specify) (Other Special Proceeding:
(specify)
STATUS OF ACTION OR PROCEEDING: Answer YES or.NO for EVERY question AND enter additional information where indicated.
YES NO
Bo
Has a summons and complaint or summons w/notice been filed? If yes, date filed: 07/05/2016
Has a summons and complaint or summons w/notice been served? If yes, date served: 07/05/2016
Is this action/proceeding being filed post-judgment? Oo. Qa Ifyes, judgment date:
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[NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated.
oO Infant's Compromise
o Note of Issue and/or Certificate of Readiness
Q Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined: L
Q Notice of Motion Relief Sought: Retum Date: L L
Qo Notice of Petition Relief Sought: Return Date: L L
a7 Order to Show Cause
Other Ex Parte Application
Relief Sought:
Relief Sought:
Return Date: L
ATTORNEY FEES/ DEFAULT JUDGMENT
L
Poor Person Application
Q Request for Preliminary Conference
Qo Residential Mortgage Foreclosure Settlement Conference
oO Writ of Habeas Corpus
Oo Other (specify
RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Family Court cases.
\f additional space is required, complete and attach the RJl Addendum. If none, leave blank.
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case
PARTIES: For parties without an attorney, check “Un-Rep” box AND enter party address, phone number and e-mail address in space provided.
If additional space is required, complete and attach the RUl Addendum.
Parties ‘Attorneys and/or Unrepresented Litigants:
List parties in caption order and Provide attomey name, firm name, business address, phone number Issue
Insurance
Un- and e-mail addressof all attomeys that have appeared in the case. For
Rep Indicate party role(s) (e.g. defendant; Joined Karriers(s):
3rd-party plaintiff). unrepresented litigants, provide address, phone number and e-mail (YIN):
address.
Name: Loftworks 181 LLC Mark H. Stein, Esq./Michael J. Wegman, Esq.
Attorney for Plaintiff O yes
Role(s): Plaintiff Lacy Katzen LLP
130 East Main Street
P.O. Box 22878
Rochester, NY 14692-2878 Ono
(585) 454-5650
Name: Gary Burgo 1433 Stowell Drive, Apt. #1
Rochester NY 14616 O Yes
oY) Role(s): Defendant
Ono
O yes
ONo
Name:
O yes
Role(s): Attorney for Defendant
Ono
Name:
O yes
oO Role(s):
Ono
| AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE
ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
Dn.
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING
Date: 09/01/2016
SIGNATURE
2231959 Mark H. Stein, Esq-/Michael
J. Wegman, Esq.
ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME
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AT AN EX PARTE TERM OF THIS COURT
PRESENT: HON,
Justice of the Supreme Court
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
Loftworks 181 LLC
Plaintiff,
ORDER AWARDING
-vs- ATTORNEYS FEES AND
AUTHORIZING ENTRY OF
DEFAULT JUDGMENT
INDEX NO. 16/7394
Gary Burgo
Defendant.
Plaintiff, having moved this Court for an award of attorneys’ fees against Defendant, on its
second cause of action for attorneys’ fees, as alleged in the Complaint,
NOW, on reading and filing the Affirmation of Mark H. Stein, dated September 1, 2016, the
Summons, Complaint, and all other papers and proceedings, and upon due deliberation, it is
ORDERED, that the Plaintiff is awarded $ as its attorneys’ fees and shall have
judgment against Defendant, and it is further
| il UO NUTAN
* FO 20
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ORDERED, that upon presentation to the Clerk of a copy of this Order and supporting
papers, the Clerk of this Court shall enter a default Judgment against Defendant, in favor of Plaintiff
in the amount demanded in the Complaint for $8637.16 together with costs to be taxed by the Clerk
plus the attorneys’ fees awarded by virtue of this Order of Plaintiff's cause of action for attorneys' fees
and to give credit on the entry of Judgment for $0.00 paid through September 1, 2016, or what
further payment made by Defendant prior to the entry of Judgment as directed by Lacy Katzen LLP.
ENTER:
DATED:
Justice of the Supreme Court
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024
STATE OF NEW YORK.
SUPREME COURT COUNTY OF MONROE
Loftworks 181 LLC
Plaintiff,
-VS- AFFIRMATION
Gary Burgo
Defendant.
Mark H. Stein, Esq., an attorney duly admitted to practice in New York State, states the
following under penalty of perjury:
1, Tam a member of Lacy Katzen LLP, attorneys for Plaintiff who are not salaried employees of
Plaintiff, and make this affirmation in support of Plaintiff's request for attorneys’ fees in the amount of
$1800.00, or in such amount as the Court deems reasonable, pursuant to Plaintiff's cause of action for
attorneys’ fees. A copy of Plaintiff's Complaint is attached to this affidavit. I am a partner practicing in
the Collection Department and am familiar with services rendered in the action.
2. As alleged in the Complaint, Defendant agreed to pay reasonable attorneys’ fees in the event
the account is referred to an attorney for collection.
3 The time for the Defendant to appear or answer herein has expired and that the said
Defendant has/have not appeared or answered herein. An investigation was made via an internet search
with the Defense Manpower Data Center after the date of default and Defendant is/are not in the military
service.
4. Since referral to Lacy Katzen LLP, for collection, legal and non-legal personnel under an
attomey’s supervision have furnished the following services on this matter.
(a) Receiving and reviewing file;
(b) Setting up various collection and other control cards;
(c) Drafting and dictating demand letter;
(d) Verifying Defendant address and place of employment;
(e) Depositing and posting of advances for disbursements;
(f) Drafting and dictation of Summons and Complaint;
(g) Arranging for service of Summons and Complaint;
(h) Preparing and sending to Defendant Gary Burgo additional notice of suit, pursuant
to CPLR Section 3215 (f) (3);
(i) Preparing Affidavit of Service of additional notice under CPLR Section (f) (3);
G) Issuing checks to process server and Court Clerks;
(k) Drafting and dictating proposed default judgment;
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(1) Drafting and dictating of this Affidavit and proposed Order.
The total time expended on these matters consists of 4.0 hour of attorney's time and 4.0 hours of
paralegal's time. The attorney's time is customarily billed at $275.00 per hour, while the paralegal time
is customarily billed at $160.00 per hour.
5. Additional substantial time will be spent in endeavoring to collect the judgment. Typical
experience with files of this nature shows that the following services will be performed in the customary
case:
(a) Entry of judgment in Court;
(b) Ordering and docketing in the County Clerk's Office a transcript of judgment;
(c) Drafting, reviewing and serving restraining notices on Defendant, pursuant to CPLR
Section 5224;
(d) Drafting, reviewing and serving information subpoenas (CPLR Section 5224) and
restraining notices on various banks;
(e) Drafting and forwarding to City Marshal and/or Sheriff execution on bank accounts
or other property found;
(f) Drafting, reviewing and serving employer information subpoena (CPLR Section
5224);
(g) Drafting, reviewing and serving income execution (CPLR Section 5231);
(h) Telephone conversations with judgment debtor, and/or opposing counsel and
Marshals and/or Sheriff;
@ Negotiating payment arrangements and/or settlements;
(j) Remitting payments to client; and
(k) Satisfying judgment and closing out file.
The average time spent on these and other services in attempting to enforce a judgment consists of 4.0
hours of attorney's time and 4.0 hours of paralegal's time.
6. I have worked as an attorney in the commercial area for over fifteen years. I have
spent substantial time working on consumer collections, representing various creditors. I believe that an
award of $1800.00 as attorneys’ fees is appropriate and reasonable.
7. I respectfully request the Court to award $1800.00 as Plaintiff's attorneys’ fees in its cause of
action for attorneys’ fees, against Defendant, or in such amount as the Court deems reasonable.
Dated: September 1, 2016
MA.
Mark H. Stein
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Department of Defense Manpower Data Center Results as of: Sep-01-2016 08:28:03 AM
SCRA3O
Oegegrim,
He | Status Report
=
AB We
Pursuant to Servicemembers Civil Relief Act
Last Name: BURGO
First Name: GARY
Middle Name:
Active Duty Status As Of: Sep-01-2016
‘On Active Duty On Active Outy Status Date
‘Active Duty Start Dato Active Duty End Date Status Service Component
NA NA, No. NA
‘This response reftocts the fndividuals’ active duty status based on the Active Duty Status Date
Loft Active Duty Within 967 Day of Active Duty Status Dato
Active Duty Start Date ‘Active Duty End Date ‘Status ‘Service Component
NA NA. No NA
“This response raflects where the individual left active duty status within 367 days preceding the Activa Duty Status Date
“The Member or His/Her Unit Was Notified of a Future Calk-Up to Active Duty on Active Duty Status Dato
Order Notification Start Date Order Notification End Dato Status Service Component
NA. NAL No.
‘This response reftects whather the Individual or hist unit has received early nGliication to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Yon. ravely Blom
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25,
Arlington, VA 22350
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The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ¥ 501 et seq, as amended) (SCRA) (formerly known as the
Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual
is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member,
friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections
of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via this URL:
hitps://kb defense. gov/PublicQueries/publicQuestions/FaqsAnswers jsp?Subject=Locating Service Members or Getting a Mailing Addresss. If you have
evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the
SCRA may be invoked against you. See 50 USC App. y 521(0).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § §02(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
Feported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service,
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
‘Those who could rely on this certificate are urged to sesk qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA.
are protected
WARNING: This certificate was provided based on a last name, SSNidate of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided,
Certificate ID: 2C9EJ075G31BE60
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STATE OF NEW YORK
SUPREME COURT
COUNTY OF MONROE
Index No. 16/7394
Loftworks 181 LLC
Plaintiff, AFFIDAVIT OF INVESTIGATOR
-against~- NON-MILITARY STATUS
Gary Burgo
1433 Stowell Drive, Apt. #1
Rochester NY 14616
Defendant.
STATE OF NEW YORK)
COUNTY OF Monroe) ss:
The undersigned being duly sworn, deposes and says: That your deponent is not a party of this
action, is over the age of eighteen, is employed by the law firm of Lacy Katzen LLP, 130 East Main Street,
Rochester, NY.
Plaintiff is seeking to enter a judgment against the following defendant:
Gary Burgo
and this affidavit is being made pursuant to United States Soldiers and Sailor’s Relief Act of 1940, as
amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers
and Sailors Civil Relief Act, Sections 300 to 327.
On , we provided the Department of Defense, Defense Manpower Data Center, 1600 Wilson
Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant name and social
security number. Defendant’s name and social security number were obtained from Plaintiff's books and
records. In response to my inquiry it was confirmed on September 1, 2016 that the Defendant were not in
any branch of the military.
From the facts above set forth, I am convinced that the Defendant are not in any branch of the
military service at the present time. fp =f)
ULL KeCAV Havin
LaTonya MeGowan
Swom to before me this __As/
Day of September, 2016.
ty Lise PD
Notary Public
Adrienne Kiley
Notary Public, State of New York
Qualified in Monroe County
Reg. # 01KI6089897
Commission Expires March 13,
4h 2619
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE Index No. |p (34
Loftworks 181 LLC Plaintiff designates Monroe
County as the place of trial.
Plaintiff, SUMMONS
VS. The basis of the venive er
Defendant’s reside ceceoe
t
\
2 wy
ce
Gary Burgo Plaintiff resides at 4 Ze
1433 Stowell Drive, Apt. #1 325 Alexander Street Ste 10Q>
Rochester NY 14616 Rochester NY 14607
County of Monroe
Defendant
To the Above-Named Defendant
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a
copy of your Answer* to the annexed complaint upon Plaintiff's attorney at the address stated below, within the
time provided by law as noted below; upon your failure to appear or Answer, Judgment will be taken against you
for the relief demanded in the Complaint, together with the cost of this action.
Dated: June 3, 2016
LACY KATZENYLP
Mark H. Stein, Esq.,
CTIA
Michael J. Wegman, Esq.
Attomeys for Plaintiff
The Granite Building
* SC 130 East Main Street, PO Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
Note: The law provides that:
@) if this Summons is served by its delivery to you personally within the County of Monroe, you must
answer within twenty (20) days after such service; or
@ if this Summons is served by delivery to any person other than you personally, or is not personally
delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within
which to Answer.
* You need not physically go to the Court to serve an Answer.
THE LAW FIRM OF LACY KATZEN LLP IS A DEBT COLLECTOR AND THIS IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
\S
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
-
2B
Loftworks 181 LLC
z
Plaintiff,
VERIFIED
-vs- Vem
COMPLAINT Se te
Gary Burgo
3
Defendant
The Plaintiff for a complaint against Defendant alleges upon information and belief:
1. Plaintiff is a Domestic Limited Liability Company with a place of business in Rochester,
Monroe County, New York.
2. Defendant is a resident of Rochester, Monroe County, New York.
AS AND FOR A FIRST CAUSE OF ACTION
3. Plaintiff repeats and realleges each and every allegation contained in paragraphs
numbered “1” and “2” of this Complaint as though fully set forth at length herein.
4. On or about September 12, 2013, Defendant entered into a Commercial Lease
Agreement (hereinafter referred to as the “Agreement”) with Plaintiff. A copy of the Agreement is
attached hereto as Exhibit A.
5. Pursuant to the terms of the Agreement, Defendant rented commercial space from
Plaintiff, located at 181 St. Paul Street, #5E, Rochester, New York.
6. The Agreement provided for the payment of monthly rent by Defendant and/or other
charges as more fully set forth therein.
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7. Defendant defaulted pursuant to the terms of the Agreement by failing to pay rent and/or
other charges due thereby creating a balance owing Plaintiff of $8637.16.
A copy of Plaintiff's Tenant Ledger, kept in the ordinary course of business, evidencing the balance
due of $8637.16 is annexed hereto as Exhibit “B”.
8. After giving credit to Defendant for all payments made and credits received there is now
due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $8637.16 with
interest from November 1, 2013.
9. Prior to the commencement of this action, Plaintiff, on numerous occasions, rendered
statements of said claim to Defendant which Defendant accepted and retained without objection.
10. By reason thereof, an account has been duly stated between Plaintiff and Defendant
showing an unpaid balance due Plaintiff of $8637.16, which remains unpaid.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats and realleges each and every allegation contained in paragraphs
numbered “1” through “10” of this Complaint as though fully set forth at length herein.
12. By reason of the acts of Defendant, as aforesaid, and without any wrongdoing on the
part of Plaintiff, said Defendant has been unjustly enriched to Plaintiff's detriment by the failure of
Defendant to pay rent and/or other charges due.
13. By reason thereof, Def
Preview
INDEX NO. 12016007394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt# 3752532 Book Page CIVIL Return To: No. Pages: 29 MARK H. STEIN 600 Bausch & Lomb Place Instrument: EXHIBIT(S) Rochester, NY 14692 Control #: 202402211910 Index #: 12016007394 Date: 02/21/2024 LOFTWORKS 181 LLC Time: 4:14:17 PM BURGO, GARY Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK INT eD MONRO OUN Kk U4: Dv INDEEXNE: I2TLROOBEBY 394 NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 EXHIBIT C INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 LACY KATZEN LLP Attorneys at Law 130 East Main Street, PO Box 22878, Rochester, NY 14692-2878 Telephone: (585) 454-5650 (866) 250-2112 Fax: (585) 269-3077 September 12, 2016 Monroe County Clerk 39 West Main Street Rochester NY 14614 Re: Loftworks 181 LLC Vs. Gary Burgo Index No. 16/7394 Our File No. 201600366.001 Dear Sir/Madam: Enclosed please find an original and three copies of the RJI, an original Order, and our firm checks totaling $140.00. Please file the RJI and attach the filed copy to the Order, and forward this matter to the appropriate Justice for signature. Once it has been signed, please return the original to our office in the envelope provided. Thank you. Very truly yours, LACY KATZEN LLP LaTonya R. McGowan Judgment Clerk PUNCTTINI INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date SUPREME COURT, COUNTY OF Monroe Index No.: 16/7394 Judge Assigned Date Index Issued: 07/05/2016 CAPTION: Enter the complete case caption. Do not use et al or et ano. If more space is required, RJi Date ee attach a caption rider sheet. Loftworks 181 LLC Plaintiff(s)/Petitioner(s) -against Gary Burgo ALON Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL OD Contested oe isiness Entity (including corporations, partnerships, LLCs, etc.) NOTE: For all Matrimonial actions where the parties have children under ontract the age of 18, complete and attach the MATRIMONIAL RJl Addendum. For Uncontested Matrimonial actions, use RJ! form UD-13 Ci insurance (where insurer is a party, except arbitration) TORTS CUCCc (including sales, negotiable instruments) D Other Commercial: DAsbestos (specify) Ci Breast Implant O Environmental: NOTE: For Commercial Division assignment requests [22 NYCRR § ee 202.70(d)}, complete and attach the COMMERCIAL DIV RJI Addendum. (specify) REAL PROPERTY: How many properties does the application include? O1 Medical, Dental, or Podiatric Malpractice (Condemnation (1 Motor Vehicle Mortgage Foreclosure (specify): O Residential C1 Commercial Products Liability: (specify) Property Address: NOTE: For Foreclosure actions involving a one- to four-family, owner- 1 Other Negligence: occupied, residential property, or an owner-occupied condominium, (specify) complete and attach the FORECLOSURE Rul Addendum. CO Other Professional Malpractice: Tax Certiorari — Section: Block: Lot: (specify) Tax Foreclosure 0 Other Tort: other Real Property: (specify (specify) OTHER MATTERS. SPECIAL PROCEEDINGS U Certificate of incorporation/Dissolution [see NOTE under Commercial] CICPLR Article 75 (Arbitration) [see NOTE under Commercial] O Emergency Medical Treatment COCPLR Article 78 (Body or Officer) O Habeas Corpus Election Law CO Local Court Appeal COMHL Article 9.60 (Kendra's Law) CO Mechanic's Lien (MHL Article 10 (Sex Offender Confinement-Initial) (Name Change [OMHL Article 10 (Sex Offender Confinement-Review) O Pistol Permit Revocation Hearing (MHL Article 81 (Guardianship) Sale or Finance of Religious/Not-for-Profit Property Other Mental Hygiene: O Other: (specify) (specify) (Other Special Proceeding: (specify) STATUS OF ACTION OR PROCEEDING: Answer YES or.NO for EVERY question AND enter additional information where indicated. YES NO Bo Has a summons and complaint or summons w/notice been filed? If yes, date filed: 07/05/2016 Has a summons and complaint or summons w/notice been served? If yes, date served: 07/05/2016 Is this action/proceeding being filed post-judgment? Oo. Qa Ifyes, judgment date: INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 [NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated. oO Infant's Compromise o Note of Issue and/or Certificate of Readiness Q Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined: L Q Notice of Motion Relief Sought: Retum Date: L L Qo Notice of Petition Relief Sought: Return Date: L L a7 Order to Show Cause Other Ex Parte Application Relief Sought: Relief Sought: Return Date: L ATTORNEY FEES/ DEFAULT JUDGMENT L Poor Person Application Q Request for Preliminary Conference Qo Residential Mortgage Foreclosure Settlement Conference oO Writ of Habeas Corpus Oo Other (specify RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Family Court cases. \f additional space is required, complete and attach the RJl Addendum. If none, leave blank. Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case PARTIES: For parties without an attorney, check “Un-Rep” box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the RUl Addendum. Parties ‘Attorneys and/or Unrepresented Litigants: List parties in caption order and Provide attomey name, firm name, business address, phone number Issue Insurance Un- and e-mail addressof all attomeys that have appeared in the case. For Rep Indicate party role(s) (e.g. defendant; Joined Karriers(s): 3rd-party plaintiff). unrepresented litigants, provide address, phone number and e-mail (YIN): address. Name: Loftworks 181 LLC Mark H. Stein, Esq./Michael J. Wegman, Esq. Attorney for Plaintiff O yes Role(s): Plaintiff Lacy Katzen LLP 130 East Main Street P.O. Box 22878 Rochester, NY 14692-2878 Ono (585) 454-5650 Name: Gary Burgo 1433 Stowell Drive, Apt. #1 Rochester NY 14616 O Yes oY) Role(s): Defendant Ono O yes ONo Name: O yes Role(s): Attorney for Defendant Ono Name: O yes oO Role(s): Ono | AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL Dn. INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING Date: 09/01/2016 SIGNATURE 2231959 Mark H. Stein, Esq-/Michael J. Wegman, Esq. ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 AT AN EX PARTE TERM OF THIS COURT PRESENT: HON, Justice of the Supreme Court STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE Loftworks 181 LLC Plaintiff, ORDER AWARDING -vs- ATTORNEYS FEES AND AUTHORIZING ENTRY OF DEFAULT JUDGMENT INDEX NO. 16/7394 Gary Burgo Defendant. Plaintiff, having moved this Court for an award of attorneys’ fees against Defendant, on its second cause of action for attorneys’ fees, as alleged in the Complaint, NOW, on reading and filing the Affirmation of Mark H. Stein, dated September 1, 2016, the Summons, Complaint, and all other papers and proceedings, and upon due deliberation, it is ORDERED, that the Plaintiff is awarded $ as its attorneys’ fees and shall have judgment against Defendant, and it is further | il UO NUTAN * FO 20 INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 ORDERED, that upon presentation to the Clerk of a copy of this Order and supporting papers, the Clerk of this Court shall enter a default Judgment against Defendant, in favor of Plaintiff in the amount demanded in the Complaint for $8637.16 together with costs to be taxed by the Clerk plus the attorneys’ fees awarded by virtue of this Order of Plaintiff's cause of action for attorneys' fees and to give credit on the entry of Judgment for $0.00 paid through September 1, 2016, or what further payment made by Defendant prior to the entry of Judgment as directed by Lacy Katzen LLP. ENTER: DATED: Justice of the Supreme Court INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK. SUPREME COURT COUNTY OF MONROE Loftworks 181 LLC Plaintiff, -VS- AFFIRMATION Gary Burgo Defendant. Mark H. Stein, Esq., an attorney duly admitted to practice in New York State, states the following under penalty of perjury: 1, Tam a member of Lacy Katzen LLP, attorneys for Plaintiff who are not salaried employees of Plaintiff, and make this affirmation in support of Plaintiff's request for attorneys’ fees in the amount of $1800.00, or in such amount as the Court deems reasonable, pursuant to Plaintiff's cause of action for attorneys’ fees. A copy of Plaintiff's Complaint is attached to this affidavit. I am a partner practicing in the Collection Department and am familiar with services rendered in the action. 2. As alleged in the Complaint, Defendant agreed to pay reasonable attorneys’ fees in the event the account is referred to an attorney for collection. 3 The time for the Defendant to appear or answer herein has expired and that the said Defendant has/have not appeared or answered herein. An investigation was made via an internet search with the Defense Manpower Data Center after the date of default and Defendant is/are not in the military service. 4. Since referral to Lacy Katzen LLP, for collection, legal and non-legal personnel under an attomey’s supervision have furnished the following services on this matter. (a) Receiving and reviewing file; (b) Setting up various collection and other control cards; (c) Drafting and dictating demand letter; (d) Verifying Defendant address and place of employment; (e) Depositing and posting of advances for disbursements; (f) Drafting and dictation of Summons and Complaint; (g) Arranging for service of Summons and Complaint; (h) Preparing and sending to Defendant Gary Burgo additional notice of suit, pursuant to CPLR Section 3215 (f) (3); (i) Preparing Affidavit of Service of additional notice under CPLR Section (f) (3); G) Issuing checks to process server and Court Clerks; (k) Drafting and dictating proposed default judgment; INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 (1) Drafting and dictating of this Affidavit and proposed Order. The total time expended on these matters consists of 4.0 hour of attorney's time and 4.0 hours of paralegal's time. The attorney's time is customarily billed at $275.00 per hour, while the paralegal time is customarily billed at $160.00 per hour. 5. Additional substantial time will be spent in endeavoring to collect the judgment. Typical experience with files of this nature shows that the following services will be performed in the customary case: (a) Entry of judgment in Court; (b) Ordering and docketing in the County Clerk's Office a transcript of judgment; (c) Drafting, reviewing and serving restraining notices on Defendant, pursuant to CPLR Section 5224; (d) Drafting, reviewing and serving information subpoenas (CPLR Section 5224) and restraining notices on various banks; (e) Drafting and forwarding to City Marshal and/or Sheriff execution on bank accounts or other property found; (f) Drafting, reviewing and serving employer information subpoena (CPLR Section 5224); (g) Drafting, reviewing and serving income execution (CPLR Section 5231); (h) Telephone conversations with judgment debtor, and/or opposing counsel and Marshals and/or Sheriff; @ Negotiating payment arrangements and/or settlements; (j) Remitting payments to client; and (k) Satisfying judgment and closing out file. The average time spent on these and other services in attempting to enforce a judgment consists of 4.0 hours of attorney's time and 4.0 hours of paralegal's time. 6. I have worked as an attorney in the commercial area for over fifteen years. I have spent substantial time working on consumer collections, representing various creditors. I believe that an award of $1800.00 as attorneys’ fees is appropriate and reasonable. 7. I respectfully request the Court to award $1800.00 as Plaintiff's attorneys’ fees in its cause of action for attorneys’ fees, against Defendant, or in such amount as the Court deems reasonable. Dated: September 1, 2016 MA. Mark H. Stein INDEHeNG:.I20RO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 Department of Defense Manpower Data Center Results as of: Sep-01-2016 08:28:03 AM SCRA3O Oegegrim, He | Status Report = AB We Pursuant to Servicemembers Civil Relief Act Last Name: BURGO First Name: GARY Middle Name: Active Duty Status As Of: Sep-01-2016 ‘On Active Duty On Active Outy Status Date ‘Active Duty Start Dato Active Duty End Date Status Service Component NA NA, No. NA ‘This response reftocts the fndividuals’ active duty status based on the Active Duty Status Date Loft Active Duty Within 967 Day of Active Duty Status Dato Active Duty Start Date ‘Active Duty End Date ‘Status ‘Service Component NA NA. No NA “This response raflects where the individual left active duty status within 367 days preceding the Activa Duty Status Date “The Member or His/Her Unit Was Notified of a Future Calk-Up to Active Duty on Active Duty Status Dato Order Notification Start Date Order Notification End Dato Status Service Component NA. NAL No. ‘This response reftects whather the Individual or hist unit has received early nGliication to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Yon. ravely Blom Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25, Arlington, VA 22350 INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ¥ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via this URL: hitps://kb defense. gov/PublicQueries/publicQuestions/FaqsAnswers jsp?Subject=Locating Service Members or Getting a Mailing Addresss. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. y 521(0). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § §02(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be Feported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service, Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. ‘Those who could rely on this certificate are urged to sesk qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA. are protected WARNING: This certificate was provided based on a last name, SSNidate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided, Certificate ID: 2C9EJ075G31BE60 INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE Index No. 16/7394 Loftworks 181 LLC Plaintiff, AFFIDAVIT OF INVESTIGATOR -against~- NON-MILITARY STATUS Gary Burgo 1433 Stowell Drive, Apt. #1 Rochester NY 14616 Defendant. STATE OF NEW YORK) COUNTY OF Monroe) ss: The undersigned being duly sworn, deposes and says: That your deponent is not a party of this action, is over the age of eighteen, is employed by the law firm of Lacy Katzen LLP, 130 East Main Street, Rochester, NY. Plaintiff is seeking to enter a judgment against the following defendant: Gary Burgo and this affidavit is being made pursuant to United States Soldiers and Sailor’s Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327. On , we provided the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant name and social security number. Defendant’s name and social security number were obtained from Plaintiff's books and records. In response to my inquiry it was confirmed on September 1, 2016 that the Defendant were not in any branch of the military. From the facts above set forth, I am convinced that the Defendant are not in any branch of the military service at the present time. fp =f) ULL KeCAV Havin LaTonya MeGowan Swom to before me this __As/ Day of September, 2016. ty Lise PD Notary Public Adrienne Kiley Notary Public, State of New York Qualified in Monroe County Reg. # 01KI6089897 Commission Expires March 13, 4h 2619 INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE Index No. |p (34 Loftworks 181 LLC Plaintiff designates Monroe County as the place of trial. Plaintiff, SUMMONS VS. The basis of the venive er Defendant’s reside ceceoe t \ 2 wy ce Gary Burgo Plaintiff resides at 4 Ze 1433 Stowell Drive, Apt. #1 325 Alexander Street Ste 10Q> Rochester NY 14616 Rochester NY 14607 County of Monroe Defendant To the Above-Named Defendant YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a copy of your Answer* to the annexed complaint upon Plaintiff's attorney at the address stated below, within the time provided by law as noted below; upon your failure to appear or Answer, Judgment will be taken against you for the relief demanded in the Complaint, together with the cost of this action. Dated: June 3, 2016 LACY KATZENYLP Mark H. Stein, Esq., CTIA Michael J. Wegman, Esq. Attomeys for Plaintiff The Granite Building * SC 130 East Main Street, PO Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 Note: The law provides that: @) if this Summons is served by its delivery to you personally within the County of Monroe, you must answer within twenty (20) days after such service; or @ if this Summons is served by delivery to any person other than you personally, or is not personally delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within which to Answer. * You need not physically go to the Court to serve an Answer. THE LAW FIRM OF LACY KATZEN LLP IS A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. \S INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE - 2B Loftworks 181 LLC z Plaintiff, VERIFIED -vs- Vem COMPLAINT Se te Gary Burgo 3 Defendant The Plaintiff for a complaint against Defendant alleges upon information and belief: 1. Plaintiff is a Domestic Limited Liability Company with a place of business in Rochester, Monroe County, New York. 2. Defendant is a resident of Rochester, Monroe County, New York. AS AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered “1” and “2” of this Complaint as though fully set forth at length herein. 4. On or about September 12, 2013, Defendant entered into a Commercial Lease Agreement (hereinafter referred to as the “Agreement”) with Plaintiff. A copy of the Agreement is attached hereto as Exhibit A. 5. Pursuant to the terms of the Agreement, Defendant rented commercial space from Plaintiff, located at 181 St. Paul Street, #5E, Rochester, New York. 6. The Agreement provided for the payment of monthly rent by Defendant and/or other charges as more fully set forth therein. INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/21/2024 7. Defendant defaulted pursuant to the terms of the Agreement by failing to pay rent and/or other charges due thereby creating a balance owing Plaintiff of $8637.16. A copy of Plaintiff's Tenant Ledger, kept in the ordinary course of business, evidencing the balance due of $8637.16 is annexed hereto as Exhibit “B”. 8. After giving credit to Defendant for all payments made and credits received there is now due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $8637.16 with interest from November 1, 2013. 9. Prior to the commencement of this action, Plaintiff, on numerous occasions, rendered statements of said claim to Defendant which Defendant accepted and retained without objection. 10. By reason thereof, an account has been duly stated between Plaintiff and Defendant showing an unpaid balance due Plaintiff of $8637.16, which remains unpaid. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered “1” through “10” of this Complaint as though fully set forth at length herein. 12. By reason of the acts of Defendant, as aforesaid, and without any wrongdoing on the part of Plaintiff, said Defendant has been unjustly enriched to Plaintiff's detriment by the failure of Defendant to pay rent and/or other charges due. 13. By reason thereof, Def