Order: Isaacs And Company, Inc. v. B&L Prince Street Associates, Nyc Homes Llc (3rd Party Deft.)

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                                INDEX    NO.    651799/2012
FILED:      NEW           YORK      COUNTY             CLERK        05/21/2014
NYSCEF   DOC.      NO.    56                                                                                     RECEIVED   NYSCEF:          05/21/2014
                                           SUPREME COURT OF THE STATE OF NEW YORK
                                                      NEW YORK COUNTY

            PRESENT:             Hon. _ George J. Silver                                                     PART            10
                                                                                   Justice
                ISAACS AND COMPANY                INC.,                                              INDEX NO.           651799-2012
                                           ove                                                       MOTION DATE

                B & L PRINCE STREET ASSOCIATES,                                                      MOTION SEQ. NO.             002

                B & L PRINCE STREET ASSOCIATES,
                                            v

                NYC HOMES        L.L.C.,




                                                                                                                   [we
            The following papers, numbered                  1 to     2     , were read on this motion for

                Notice of Motion/ Order to Show Cause — A                    irmation — Affida'    (s) —
                Exhibits: eeeeennenneenenennnnennnnnnnnnece
                                                 nen eeeeeceeeeees:             aoeeee     aoe!                                        1,2

           Upon the foregoing papers, it is ordered that the motion is
                   In this action to recover for an unpaid brokerage commission, Defendant/ Third-Party Plaintiff
           B & L Prince Street Associates (“B&L”) moves for an Order pursuant to CPLR §3215(a) directing the
           entry of judgment on default in favor of Third-Party Defendant NYC Homes L.L.C., (“NYC Homes”).
                   Third-Party Plaintiff's motion for a default judgment is based upon an agreement it has with
           NYC Homes that NYC Homes agreed to indemnify, defend, and save harmless B & L from any suit.
           However, the agreement, attached as Exhibit B to B & L’s motion is illegible. Accordingly, it is hereby

                         ORDERED that Defendant/Third-Party Plaintiff B & L’s motion for a default judgment is denied
           with leave to renew upon proper papers; and it is further

                    ORDERED that the movant shall serve a copy of this order, with Notice of Entry, upon all
           parties, within thirty (30) days of entry.




                                                                                                    George J.      ilv   ZIS.C
           Dated:         MAY 20 2014
                         New York County                                                     HON. GEORGE J. SILVER




           1, Check one: ........                                  [] case pisposep Ml Non-FINAL DISPOSITION
           2. Check as approp          ate: MOTION IS:             @® GRANTED    (.] pemeo -_] GRANTED In PART                         [: OTHER
           3. Check as appropriate:             .............006         SETTLE ORDER |!          SUBMIT ORDER
                                                                   _] DO NOT POST _) FIDUCIARY APPOINTMENT                       |_ REFERENCE