Motion-Secondary: Ace Wire & Cable Co., Inc. v. Walsh Electrical Contracting, Inc., John Jane Does 1 Through 10, Abc Corporations 1 Through 10

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                                At  DCM    Part 6 of the Supreme      Court of the State of New       York,
                                                       held in and for the County of Richmond           at the Courthouse,     located
                                                       at26   Central  Avenue,    Staten  Island  New    York   10301,   the
                                                       day ofNovember        2017   .
                                                                                                                             -

                            PRESENT:HON
                                                  Justice  of,the Supreme     Caurt

                                                                                             -----x
                            ACE, V\/IRE    &  CABLE     CO.,   INC.                                  INDEX     NO, 15177U2A15
                                                                         Plaintiff.

                                     -against-                                                              ORDER

                            WALSH      ELE,CTRICAL         CONTRACTING,           INC. ;
                            JOHN/JAIIE       DOES     1 - 10  (fictitious names   being
                            the persons    intended);  and ABC CORPORATIONS
                            1-10 (fictitious names being       the entities intended),
                                                                                  Defendants.
                                                                                                    X


                                     THIS    MATTER,        having  been opened     to the Court   by the PlaintifI,   Ace Wire &

                            Cable Co., Inc., by and tkough        its attorneys,  Nord   & DeMaia,      by Notice   of Motion    dated

                            October   2A,2017, for an Order       granting striking    the Defendant,    Walsh   Electrisal

                            Contracting,    Inc's Answer with      affirmative   defenses,   and for the Entry    of a Default

                            Judgment against      the Defendant,    Walsh Electrical     Contracting,   Inc., pursuant   to C.P.L.R.

                             3126based     upon Defendant's wiliful       noncompliance      with the directives    of the

                            Preliminary    Conference     Order  entered   by this court   on l!.{ay 26,2017     and the Court

                            having   read the papers    submitted    and considered    the matter;   and for good    cause  showing;

                                     IT  IS on this        day  of             ,2017,   hereby ORIIERED          and ADJUDGED

                             as follows:
                                     1.       ORIIERED        that Plaintiff   s Motion    to  strike Defendant's     Answer     with

                            affrrmative   defenses   and for the Entry of a Default       Judgment     against  the Defendant     and


                            in favor  of the Plaintiff   be, and hereby is granted; and it is

                                     2.       FURTIIER        ORDERED         that Plaintiffs be,    and hereby     are, awarded

                            Default   Judgment over     and against    Defendant,    Walsh Electrical    Contracting, Inc, in the

                            arnount   of $77,195.62,    ptrus contractually-agreed     interest  of  l8%   per annum from      June


                            2, 2A16 in the amount     of $18,525.94,    and contractually-agreed      attorneys'   fees  of 307o  of

                            the balance at the time of the filing       of the complaint     due in the amount      of $99,440.35

                            ($331,46?.85     x 30%) for    a total sum owed     of $195"162.91and       together   with costs   and


                            disbursements; and it is

                                     3.       FURTIIER        ORDERED         awarding    Plaintiff,  the costs   of this motion,

                            and  it is

                                     4.       FURTIIER       ORDERED that a copy of this            Order shall be served upon

                            counsel for Defendants within seven (7) days of Plaintiffs' counsel's              receipt  hereof.




                                                                                  HON
                                                                                           Justice of the Supreme      Court