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cH. Ney 2th
py iS
rye
mi) poe
eee 2)
rnBYREX NO 524410347041
heed
EP Oho No. 580 Ret CEEYE Ry Net ERs A9/4443043
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No.: 161105/2021
FIFTH PARTNERS LLC,
Plaintiff,
-against~
JUDGMENT
PUNCH HOUSE FLATIRON LLC, JOSEPH W. FOLEY
and NADA VASILIJEVIC,
Defendants.
Upon the reading and filing of the notice of motion (Mot. Seq. No. 001), dated June
27, 2022, filed by plaintiff FirtH PARTNERS LLC (‘Plaintiff’), seeking, inter alia, summary
judgment against defendants PuncH House FLaTiRon LLC, JOSEPH W. FoLey and NADA
VASILWEVIC (“Defendants”), the affirmation of David B. Rosenbaum, dated June 24, 2022,
the affidavit of Ryan Mehra, sworn to on June 24, 2022, the exhibits annexed thereto, and
the memorandum of law; and upon reading Defendants’ affidavit and affirmation in
opposition filed on July 11, 2022; and Plaintiff's reply papers in further support submitted
thereafter on July 18, 2022; and upon all of the papers and proceedings heretofore had
herein; this matter having come on to be duly heard before the Honorable Gerald Lebovits,
J.S.C., at an Individual Assignment Part of the Supreme Court of the State of New York,
held in and for the County of New York; and
WHEREAS, due deliberation having been had, this Court having rendered an April
26, 2023, Decision and Order on Motion, Seq. No. 001 (the “Decision’), granting Plaintiff's
motion for summary judgment (a) striking Defendants’ answer and affirmative defenses
and (b) awarding Plaintiff damages against the Defendants, jointly and severally, in the
amount of $232,017.95, with interest from June 1, 2022, plus costs and disbursements
lof 6
FeEEpSN Iv IT 3 —p)
i CORNY EEE By K- O98 7A 22s 782 was ei Y) rnb
R Efe NO 64419942021
NYSE Ube NRo . B¥o RERECEEBERy WMBEF Fos 49/'4443023
as taxed by the Clerk, and the Order having been entered in the office of the New York
County Court Clerk on April 27, 2023; and
NOW, upon application of Borah Goldstein Altschuler Nahins & Goidel, P.C.
attorneys for Plaintiff, it is
ADJUDGED that Plaintiff FirtH PARTNERS LLC, 13 East 16" Street, # 400, New
York, NY 10003, has judgment and recovers, jointly and severally, against defendant
PuncuH House FLATIRON LLC, located at 19 West 21st Street, New York, NY 10010
defendant JosEPHW. FOoLey, located at 56 Pierrepont Street, #14, Brooklyn, NY 11201
and defendant NADA VASILIJEvIC, 56 Pierrepont Street, #14, Brooklyn, NY 11201, the sum
of $232,017.95, plus interest at 9% per annum from June 1, 2022, in the amount of
$19,680.21, together with costs and disbursements as taxed by the clerk totaling
$600.00 for a total judgment amount of $252,298.16 which Plaintiff shall have
x
execution therefor.
heh
Varn Toe
11th May. 2023
Date ERK OF THE COMRY
FILED
May 11 2023
NEW YORK
COUNTY CLERK'S OFFICE
2 of 6
Fr v7 Yo 7 >)
Wy FY 4 wy 14
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cH. Ney 2th py iS rye mi) poe eee 2) rnBYREX NO 524410347041 heed EP Oho No. 580 Ret CEEYE Ry Net ERs A9/4443043 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 161105/2021 FIFTH PARTNERS LLC, Plaintiff, -against~ JUDGMENT PUNCH HOUSE FLATIRON LLC, JOSEPH W. FOLEY and NADA VASILIJEVIC, Defendants. Upon the reading and filing of the notice of motion (Mot. Seq. No. 001), dated June 27, 2022, filed by plaintiff FirtH PARTNERS LLC (‘Plaintiff’), seeking, inter alia, summary judgment against defendants PuncH House FLaTiRon LLC, JOSEPH W. FoLey and NADA VASILWEVIC (“Defendants”), the affirmation of David B. Rosenbaum, dated June 24, 2022, the affidavit of Ryan Mehra, sworn to on June 24, 2022, the exhibits annexed thereto, and the memorandum of law; and upon reading Defendants’ affidavit and affirmation in opposition filed on July 11, 2022; and Plaintiff's reply papers in further support submitted thereafter on July 18, 2022; and upon all of the papers and proceedings heretofore had herein; this matter having come on to be duly heard before the Honorable Gerald Lebovits, J.S.C., at an Individual Assignment Part of the Supreme Court of the State of New York, held in and for the County of New York; and WHEREAS, due deliberation having been had, this Court having rendered an April 26, 2023, Decision and Order on Motion, Seq. No. 001 (the “Decision’), granting Plaintiff's motion for summary judgment (a) striking Defendants’ answer and affirmative defenses and (b) awarding Plaintiff damages against the Defendants, jointly and severally, in the amount of $232,017.95, with interest from June 1, 2022, plus costs and disbursements lof 6 FeEEpSN Iv IT 3 —p) i CORNY EEE By K- O98 7A 22s 782 was ei Y) rnb R Efe NO 64419942021 NYSE Ube NRo . B¥o RERECEEBERy WMBEF Fos 49/'4443023 as taxed by the Clerk, and the Order having been entered in the office of the New York County Court Clerk on April 27, 2023; and NOW, upon application of Borah Goldstein Altschuler Nahins & Goidel, P.C. attorneys for Plaintiff, it is ADJUDGED that Plaintiff FirtH PARTNERS LLC, 13 East 16" Street, # 400, New York, NY 10003, has judgment and recovers, jointly and severally, against defendant PuncuH House FLATIRON LLC, located at 19 West 21st Street, New York, NY 10010 defendant JosEPHW. FOoLey, located at 56 Pierrepont Street, #14, Brooklyn, NY 11201 and defendant NADA VASILIJEvIC, 56 Pierrepont Street, #14, Brooklyn, NY 11201, the sum of $232,017.95, plus interest at 9% per annum from June 1, 2022, in the amount of $19,680.21, together with costs and disbursements as taxed by the clerk totaling $600.00 for a total judgment amount of $252,298.16 which Plaintiff shall have x execution therefor. heh Varn Toe 11th May. 2023 Date ERK OF THE COMRY FILED May 11 2023 NEW YORK COUNTY CLERK'S OFFICE 2 of 6 Fr v7 Yo 7 >) Wy FY 4 wy 14