On April 11, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
New City Funding Corp.,
and
Christina R Heidt,
Wayne E Holland Sr.,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Erie County.
Preview
(FILED: ERIE COUNTY CLERK 11/14/2018 09:53 AM INDEX NO. 805651/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/13/2018
AT AN EX PARTE TERM OF THIS COURT
PRESENT: HON. DIANE ¥. DEVLIK, J.S.C.
Justice of the Supreme Court
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
New City Funding Corp.
Plaintiff,
ORDER AWARDING
-Vs-
ATTORNEYS FEES AND
AUTHORIZING ENTRY OF
DEFAULT JUDGMENT
INDEX NO. 805651/2018
Christina R Heidt
Wayne E Holland, Sr.
Defendant.
Plaintiff, having moved this Court for an award of attorneys’ fees against Defendant
Christina R Heidt, 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 June 15, 201 8, the
Summons, Complaint, and all other papers and proceedings, and upon due deliberation, it is
ORDERED, that the Plaintiff is awarded $ SAQA. F, as its attomeys' fees with the amount
of late fees being reduced to $67.90 and shall have judgment against Defendant Christina R Heidt,
and it is further
IVA 20
1 of 2
(FILED: ERIE COUNTY CLERK 11/14/2018 09:53 AM INDEX NO. 805651/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/13/2018
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 Christina R Heidt,
in favor of Plaintiff in the amount of $4239.57 which represents a principal balance of $3485.39, late
fees of $67.90 and interest at the rate of 24.75% through February 10, 2015 in the amount of
$686.28 plus additional interest from February 11, 2015 at the rate of 24.75% per annum, on the
principal balance of $3485.39 together with costs and disbursements 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 June 15, 2018, or what further
payment made by Defendant Christina R Heidt prior to the entry of Judgment as directed by Lacy
Katzen LLP.
ENTER:
DATED: =
a
You. 13, HOLS IK
w—-
DIANEY. DEVLIN, S.C
Justice of the Supreme Court
SUPREME COURT
PART 32
2 of 2
Document Filed Date
November 14, 2018
Case Filing Date
April 11, 2018
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
(FILED: ERIE COUNTY CLERK 11/14/2018 09:53 AM INDEX NO. 805651/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/13/2018 AT AN EX PARTE TERM OF THIS COURT PRESENT: HON. DIANE ¥. DEVLIK, J.S.C. Justice of the Supreme Court STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE New City Funding Corp. Plaintiff, ORDER AWARDING -Vs- ATTORNEYS FEES AND AUTHORIZING ENTRY OF DEFAULT JUDGMENT INDEX NO. 805651/2018 Christina R Heidt Wayne E Holland, Sr. Defendant. Plaintiff, having moved this Court for an award of attorneys’ fees against Defendant Christina R Heidt, 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 June 15, 201 8, the Summons, Complaint, and all other papers and proceedings, and upon due deliberation, it is ORDERED, that the Plaintiff is awarded $ SAQA. F, as its attomeys' fees with the amount of late fees being reduced to $67.90 and shall have judgment against Defendant Christina R Heidt, and it is further IVA 20 1 of 2 (FILED: ERIE COUNTY CLERK 11/14/2018 09:53 AM INDEX NO. 805651/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/13/2018 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 Christina R Heidt, in favor of Plaintiff in the amount of $4239.57 which represents a principal balance of $3485.39, late fees of $67.90 and interest at the rate of 24.75% through February 10, 2015 in the amount of $686.28 plus additional interest from February 11, 2015 at the rate of 24.75% per annum, on the principal balance of $3485.39 together with costs and disbursements 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 June 15, 2018, or what further payment made by Defendant Christina R Heidt prior to the entry of Judgment as directed by Lacy Katzen LLP. ENTER: DATED: = a You. 13, HOLS IK w—- DIANEY. DEVLIN, S.C Justice of the Supreme Court SUPREME COURT PART 32 2 of 2