throbber
FILED: ERIE COUNTY CLERK 05/15/2018 11:22 AM
`FILED: ERIE COUNTY CLERK 05m2018 11:22 AM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 806916/2018
`INDEX NO- 806916/2018
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 05/15/2018
`RECEIVED NYSCEF: 05/15/2018
`
`At a Special Term of the Supreme Court of the
`State of New York, Part 24, held in and for the
`County of Erie, at
`Erie County
`Hall,
`92
`Franklin Street, Buffalo, New York, on the 15th
`day of May, 2018
`
`PRESENT: Emilio Colaiacovo J.S,C,
`JUSTICE PRESIDING
`
`STATE OF NEW YORK
`
`SUPREME COURT: COUNTY OF ERIE
`
`JEFFREY M. GRINER
`173 Summer Street
`
`Buffalo. NY 14222
`
`Petitioner,
`
`V.
`
`MARLENE
`
`MORGAN
`
`FRANKEL,
`
`AS
`
`ADMINISTRATOR WITH THE WILL ATTACHED
`
`ofifififihggflifiT
`
`Index N2n2305-3606
`Index No. 806916I2018
`
`OF THE ESTATE OF SAMUEL NATHAN
`FRANKEL AS EXECUTOR OF THE ESTATE OF
`FRANCES I. CHAMELI
`
`3622 Tuxedo NW
`Atlanta GA 30305
`
`and WILLIAM D. MALDOVAN IN HIS CAPACITY
`AS SPECIAL PUBLIC ADMINISTRATOR FOR
`THE ESTATE OF JOHN M. CHAMELI a.k.a.
`JOHN CHAMELI
`
`2503 Niagara Street
`Buffalo, NY 14207
`
`Respondents.
`
`*************************************************
`
`The issues in the above-captioned action Index Number 2005-3606
`
`having come before trial before the Honorable Gerald J. Whalen, J.S.C. and a jury at
`
`lof3
`1 of 3
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2018 11:22 AM
`FILED: ERIE COUNTY CLERK 05m2018 11:22 AM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 806916/2018
`INDEX NO- 806916/2018
`
`
`
`
`
`R«.C«.IV«.D \iYSCEF: 05/15/2018
`RECEIVED NYSCEF: 05/15/2018
`
`
`
`Part 22, held at the Courthouse at 25 Delaware Avenue, Buffalo, New York 14202, from
`
`November 21st through December 3, 2007, and the parties having appeared by their
`
`respective attorneys, and the issues having been tried, and the jury having rendered a
`
`verdict and ordered final judgment upon the merits in favor of the plaintiff, JEFFREY M.
`
`GRINER and against the defendants in an Order of Final Judgment having been entered
`
`at the Erie County Clerk’s office on the 16th day of May 2008 and that judgment having
`
`been in favor of the plaintiff, JEFFREY M. GRINER, against the defendant at that time,
`
`SAMUEL NATHAN FRANCO as Executor of the Estate of FRANCES I. CHAMELI and
`
`ACEA M. MOSEY in her capacity as Public Administrator for the Estate of JOHN M.
`
`CHEMALI, and
`
`NOW, the plaintiff having moved this Court for an Order renewing said
`
`judgment, it hereby
`
`ORDERED, adjudicated and decreed that
`
`the plaintiff,
`
`JEFFREY M.
`
`GRINER shall have a judgment against the defendants, MARLENE MORGAN FRANKEL,
`
`AS ADMINISTRATOR WITH THE WILL ATTACHED OF THE ESTATE OF SAMUEL
`
`NATHAN FRANKEL AS EXECUTOR OF THE ESTATE OF FRANCES I. CHAMELI AND
`
`WILLIAM D. MALDOVAN IN HIS CAPACITY AS SPECIAL PUBLIC ADMINISTRATOR
`
`FOR THE ESTATE OF JOHN M. CHAMELI a.k.a. JOHN CHAMELI in the amount of one
`
`million eighty-eight
`
`thousand six hundred ninety—seven dollars and forty-eight cents
`
`($1,088,697.48) and interest thereon from the date of verdict, December 3, 2007 together
`
`with Court's tax in the amount of seven hundred dollars ($700.00) and plaintiff shall have
`
`execution thereon. The defendants through their attorneys, Bouvier Law, LLP, has
`
`20f3
`2 of 3
`
`

`

`FILED: ERIE COUNTY CLERK 05/15/2018 11:22 AM
`FILED: ERIE COUNTY CLERK 05m2018 11:22 AM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 806916/2018
`INDEX NO- 806916/2018
`
`
`
`
`
`R«.C«.IV«.D \iYSCEF: 05/15/2018
`RECEIVED NYSCEF: 05/15/2018
`
`
`
`satisfied a portion the judgment and that satisfaction was filed at the Erie County Clerk's
`
`office on May 23, 2011 paying the amount of Six Hundred Six Thousand Seven Hundred
`
`Eighty-Six and 39/100 Dollars ($606,786.39), however there still
`
`is a deficient judgment
`
`and the plaintiff, JEFFREY M. GRINER shall have his renewed judgment in that amount.
`
`Emilio Colaiacovo J.S
`
`ENTER: MOM [5" (10]?)
`
`3of3
`3 of 3
`
`

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