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(FILED:
WESTCHESTER
COUNTY CLERK 0471372012) INDEX NO. 55002/2011
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/13/2012
At an IAS Part of the Supreme Court of the
State of New York, held in and for the County
of Westchester at the Courthouse thereof, 111
Dr. Martin Luther King Blvd. White Plains,
New York 10601 on the [2H day of
2012. ve
PRESENT:
Justice Nicholas Colabella.
won:
JAMES DIMOPOULOS and STAVROS
DIMOPOULOS, Index No. 55002 /11
Plaintiffs,
-against-
JUDGMENT
RONALD CAPOSELLA, SHORE LINE
FOODS, INC., SHORE LINE FOODS OF
EDGEWOOD, INC. and SHORE LINE
FOODS OF NEW JERSEY, INC.,
Defendants.
wenn. X
The Summons and Complaint in the above entitled action having been served on Ronald
Caposella on September 20, 2011, on Shore Line Foods, Inc. on September 9, 2011, on Shore Line
Foods of Edgewood, Inc. on September 9, 2011 and on Shore Lines Foods of New Jersey, Inc. on
November 3, 2011 and the times for said defendants to appear, answer or raise an objection to the
Summons and Complaint in point of law having elapsed, and notice having been provided pursuant
to CPLR 3215(g)(3)(i) upon Ronald Caposella more than twenty days prior to the submission of
this Judgment and notice having been provided pursuant to CPLR 3215(g)(4)i) upon Shore Line
Foods, Inc. and Shore Line Foods of Edgewood, Inc. more than twenty days prior to the submission
of this Judgment,
NOW, upon the Summons and Complaint, proof of service thereof and proof of service of
notices pursuant to CPLR 3215(g)(3)(i) and CPLR 3215(g)\4)(i), the affidavits of James
Dimopoulos and Stavros Dimopoulos swom to on December 1, 2011, the affirmation of Andrew D.
Brodnick, Esq. of Quaranta & Associates, attorneys for Plaintiffs dated December 12, 2011.
the Decision and Order of the Court dated April 2012, it is
ORDERED, ADJUDGED AND DECREED, that Plaintiff James Dimopoulos, 710 Bedford
Road, Bedford Hills, New York 10507 and Stavros Dimopoulos 710 Bedford Road, Bedford Hills
New York 10507, have judgment against on Ronald Caposella, 133-D Heritage Hill Drive,
Somers, New York 10589, Shore Line Foods, Inc., 100 South Bedford Road, Suite 340, Mount
Kisco, New York 10549, Shore Line Foods of Edgewood, Inc., 133-D Heritage Hill Drive.
Somers, New York 10589 and Shore Lines Foods of New Jersey, Inc., 2 Journal Square, Jersey
City, New Jersey 07306 as follows;
Plaintiffs are awarded a default judgment as to the first cause of action for breach
of contract
as to liability as to all defendants. Damages shall be determined upon filing an inquest note
of issue
following the accounting to be provided by defendants. The first cause of. action
is severed from the
second cause of action pending determination of plaintiffs damages.
Plaintiffs are awarded a default judgment as to the second cause of. action for
an accounting
as to all defendants. Defendants shall provide an accounting of profits realized under the
Broadridge Contract.
Dated: Waite ay New York
Nicholas Colabella
oe Court Justice
Tosewy fl te
Preview
(FILED: WESTCHESTER COUNTY CLERK 0471372012) INDEX NO. 55002/2011 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/13/2012 At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Westchester at the Courthouse thereof, 111 Dr. Martin Luther King Blvd. White Plains, New York 10601 on the [2H day of 2012. ve PRESENT: Justice Nicholas Colabella. won: JAMES DIMOPOULOS and STAVROS DIMOPOULOS, Index No. 55002 /11 Plaintiffs, -against- JUDGMENT RONALD CAPOSELLA, SHORE LINE FOODS, INC., SHORE LINE FOODS OF EDGEWOOD, INC. and SHORE LINE FOODS OF NEW JERSEY, INC., Defendants. wenn. X The Summons and Complaint in the above entitled action having been served on Ronald Caposella on September 20, 2011, on Shore Line Foods, Inc. on September 9, 2011, on Shore Line Foods of Edgewood, Inc. on September 9, 2011 and on Shore Lines Foods of New Jersey, Inc. on November 3, 2011 and the times for said defendants to appear, answer or raise an objection to the Summons and Complaint in point of law having elapsed, and notice having been provided pursuant to CPLR 3215(g)(3)(i) upon Ronald Caposella more than twenty days prior to the submission of this Judgment and notice having been provided pursuant to CPLR 3215(g)(4)i) upon Shore Line Foods, Inc. and Shore Line Foods of Edgewood, Inc. more than twenty days prior to the submission of this Judgment, NOW, upon the Summons and Complaint, proof of service thereof and proof of service of notices pursuant to CPLR 3215(g)(3)(i) and CPLR 3215(g)\4)(i), the affidavits of James Dimopoulos and Stavros Dimopoulos swom to on December 1, 2011, the affirmation of Andrew D. Brodnick, Esq. of Quaranta & Associates, attorneys for Plaintiffs dated December 12, 2011. the Decision and Order of the Court dated April 2012, it is ORDERED, ADJUDGED AND DECREED, that Plaintiff James Dimopoulos, 710 Bedford Road, Bedford Hills, New York 10507 and Stavros Dimopoulos 710 Bedford Road, Bedford Hills New York 10507, have judgment against on Ronald Caposella, 133-D Heritage Hill Drive, Somers, New York 10589, Shore Line Foods, Inc., 100 South Bedford Road, Suite 340, Mount Kisco, New York 10549, Shore Line Foods of Edgewood, Inc., 133-D Heritage Hill Drive. Somers, New York 10589 and Shore Lines Foods of New Jersey, Inc., 2 Journal Square, Jersey City, New Jersey 07306 as follows; Plaintiffs are awarded a default judgment as to the first cause of action for breach of contract as to liability as to all defendants. Damages shall be determined upon filing an inquest note of issue following the accounting to be provided by defendants. The first cause of. action is severed from the second cause of action pending determination of plaintiffs damages. Plaintiffs are awarded a default judgment as to the second cause of. action for an accounting as to all defendants. Defendants shall provide an accounting of profits realized under the Broadridge Contract. Dated: Waite ay New York Nicholas Colabella oe Court Justice Tosewy fl te