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FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--- -------------------X
BRAZE, INC. f/k/a APPBOY, INC., Index No.: 654096/2019
Plaintiff, NOTICE OF MOTION
-against-
FATCAT FINANCIAL, INC. d/b/a WINWIN,
Defendant.
-------------- X
S I R S:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Mitchell D. Frankel, Esq.,
dated September 16, 2019, and upon the Affidavit of Service, and upon plaintiff's Summons and
Verified Complaint, plaintiff s affidavit of merit by Robert Shaw, sworn to on September 16, 2019,
and upon all the prior pleadings and proceediñgs had heretofore herein, the undersigned will move
this Court at the Motion Support Part, Room 130, at Supreme Court, New York County, at the
7th
Courthouse located at 60 Centre Street, New York, New York, on the day of October, 2019, at
9:30 a.m. or as soon thereafter as counsel can be heard for an Order pursuant to CPLR 3215 granting
plaintiff BRAZE, INC. f/k/a APPBOY, INC. a default judgment against defendant FATCAT
FINANCIAL, INC. d/b/a WINWIN and since plaintiff s Complaint alleges causes of action for a sum
certain based upon, inter alia, breach of contract, that the Court direct the Judgment Clerk to enter
judgment against defendant FATCAT FINANCIAL, INC. d/b/a WINWIN for the amount demanded
in plaintiff s Complaint for a present total of $114,881.26, together with interest at a rate pursuant to
the CPLR of 9% per annum, from July 17, 2019, which is the date of the filing of the within action,
to the date of entry of judgment herein, and that the Judgment provide for post judgment interest in
the amount of 9% per annum, plus costs and disbursements, and for such other, further, and different
relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE THAT, pursuant to CPLR 2214(b), answering
papers, if any, are required to be served upon the undersigned at leasttwo (2) days prior to the return
date of the instant application.
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FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/17/2019
Dated: New York, New York
September 16, 2019
Yours, etc.
Mitchell D. Frankdl, Esq.
SUSSMAN & FRANKEL, LLP
Attorneys for Plaintiff
805 Third Avenue
Crystal Pavilion, Twelfth Floor
New York, NY 10022
(212) 688-8895
To:
FATCAT FINANCIAL, INC. d/b/a WINW1N
19th
222 Broadway, FlOOr
New York, NY 10038
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Preview
FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --- -------------------X BRAZE, INC. f/k/a APPBOY, INC., Index No.: 654096/2019 Plaintiff, NOTICE OF MOTION -against- FATCAT FINANCIAL, INC. d/b/a WINWIN, Defendant. -------------- X S I R S: PLEASE TAKE NOTICE, that upon the annexed Affirmation of Mitchell D. Frankel, Esq., dated September 16, 2019, and upon the Affidavit of Service, and upon plaintiff's Summons and Verified Complaint, plaintiff s affidavit of merit by Robert Shaw, sworn to on September 16, 2019, and upon all the prior pleadings and proceediñgs had heretofore herein, the undersigned will move this Court at the Motion Support Part, Room 130, at Supreme Court, New York County, at the 7th Courthouse located at 60 Centre Street, New York, New York, on the day of October, 2019, at 9:30 a.m. or as soon thereafter as counsel can be heard for an Order pursuant to CPLR 3215 granting plaintiff BRAZE, INC. f/k/a APPBOY, INC. a default judgment against defendant FATCAT FINANCIAL, INC. d/b/a WINWIN and since plaintiff s Complaint alleges causes of action for a sum certain based upon, inter alia, breach of contract, that the Court direct the Judgment Clerk to enter judgment against defendant FATCAT FINANCIAL, INC. d/b/a WINWIN for the amount demanded in plaintiff s Complaint for a present total of $114,881.26, together with interest at a rate pursuant to the CPLR of 9% per annum, from July 17, 2019, which is the date of the filing of the within action, to the date of entry of judgment herein, and that the Judgment provide for post judgment interest in the amount of 9% per annum, plus costs and disbursements, and for such other, further, and different relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE THAT, pursuant to CPLR 2214(b), answering papers, if any, are required to be served upon the undersigned at leasttwo (2) days prior to the return date of the instant application. 1 of 2 FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/17/2019 Dated: New York, New York September 16, 2019 Yours, etc. Mitchell D. Frankdl, Esq. SUSSMAN & FRANKEL, LLP Attorneys for Plaintiff 805 Third Avenue Crystal Pavilion, Twelfth Floor New York, NY 10022 (212) 688-8895 To: FATCAT FINANCIAL, INC. d/b/a WINW1N 19th 222 Broadway, FlOOr New York, NY 10038 2 of 2