FILED: ERIE COUNTY CLERK 02/14/2018 12:01 PM
`FILED: ERIE COUNTY CLERK 02m2018 12:01 PM
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`NYSCEF DOC. NO. 293
`NYSCEF DOC. NO. 293
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`INDEX NO. 812553/2015
`INDEX NO- 812553/2015
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`R«.C«.IV«.D \IYSCEF: 02/14/2018
`RECEIVED NYSCEF: 02/14/2018
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`STATE OF NEW YORK : COUNTY OF ERIE
`SUPREIVIE COURT
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`fl.‘
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`GEORGE KURTZ,
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`Plaintiff,
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`_vs._
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`BEST BLUEBERRIES, LLC, MCHAEL
`LORIGO, JACK WELERT and
`DAVID KAUDERER,
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`Defendants.
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`ORDER AND JUDGMENT
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`Index No. 812553/2015
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`WHEREAS, on April 13, 2017, the Defendant, Jack Willert, interposed a cross-motion
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`seeking, amongst other relief, summary judgment against the Plaintiff, George Kurtz, in the
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`principal sum of $300,000 concerning a guarantee of a debt owed by the Defendant, Best
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`Blueberries, LLC (hereinafter “BB”) (hereinafter the “Willert Motion”); and
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`WHEREAS, on April 13, 2017, the Defendant, Michael Lorigo, interposed a cross-
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`motion seeking, amongst other relief, summary judgment against the Plaintiff in. the principal
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`sum of $75,000 concerning two guarantees of debts owed by BB (hereinafier the “Lorigo
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`Motion”); and
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`WHEREAS, on May 3, 2017, the Plaintiff interposed a motion seeking, amongst other
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`relief, summary judgment against the Defendants, Mr. Lorigo, Mr. Willert and David Kauderer,
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`in the principal sum of $105,333.28 concerning a guarantee of a debt owed by BB (hereinafter
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`the “Kurtz Motion”); and
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`WHEREAS, on October 4, 2017, the Honorable Henry J. Nowak granted a Decision And
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`Order, which, amongst other things (A) denied the Willert Motion upon a detennination that
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`FILED: ERIE COUNTY CLERK 02/14/2018 12:01 PM
`FILED: ERIE COUNTY CLERK 02m2018 12:01 PM
`
`NYSCEF DOC. NO. 293
`NYSCEF DOC. NO. 293
`
`INDEX NO. 812553/2015
`INDEX NO- 812553/2015
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`RMCMIVMD YSCEF: 02/14/2018
`RECEIVED NYSCEF: 02/14/2018
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`there was a singular question of fact as to whether the Plaintiffhad signed the Mr. Willert’s
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`guarantee, (B) granted the Lorigo Motion, and (C) granted the Kurt: Motion; and
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`WHEREAS, on November 15, 2017, the Honorable Henry J. Nowak granted a
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`Supplement To Decision And Order Dated October 4, 2017, which, amongst other things (A)
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`clarified that the amount of Mr. Lorigo’s judgment against the Plaintiff was $104,459.92 as of
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`October 4, 2017 (hereinafter the “Lorigo Judgment”), plus reasonable attorney’s fees to be
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`determined at a later date, (B) clarified that the amount of the Plaintiffs judgment against Mr.
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`Lorigo, Mr. Willert and Mr. Kauderer was $126,891.16 as of October 4, 2017 (hereinafter the
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`“Kurt: Judgment”), plus reasonable attorney’s fees to be determined at a later date, (C) offset the
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`Lorigo Judgment against the Kurtz Judgment, thereby reducing the Kurtz Judgment to the net
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`sum of $22,431.24 as of October 4, 2017 (hereinafter the “Net Kurtz Judgment”), and (D) stayed
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`the entry and enforcement of the Net Kurtz Judgment pending flirther order of the Court
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`following the final adjudication of the remaining claims in this action at trial, with the stay
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`conditioned upon Mr. Lorigo, Mr. Willert and Mr. Kauderer depositing the sum of $24,450.06
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`with the Erie County Comptroller; and
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`WHEREAS, on January 2, 2018, Mr. Lorigo, Mr. Willert and Mr. Kauderer deposited the
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`sum of $24,450.06 with the Erie County Comptroller; and
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`WHEREAS, following a jury trial conducted on January 22, 2018 and January 23, 2018,
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`the jury rendered a verdict determining that the Plaintiff signed Mr. Willert‘s Guarantee.
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`NOW THEREFORE, it is hereby
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`ORDERED, ADJUDGED AND DECREED that, Mr. Willert is hereby granted a money
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`judgment against the Plaintiff in the amount of $407,943 .3 2, which includes principal, interest
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`FILED: ERIE COUNTY CLERK 02/14/2018 12:01 PM
`FILED: ERIE COUNTY CLERK 02m2018 12:01 PM
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`NYSCEF DOC. NO. 293
`NYSCEF DOC. NO. 293
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`INDEX NO. 812553/2015
`INDEX NO- 812553/2015
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`RMCMIVMD YSCEF: 02/14/2018
`RECEIVED NYSCEF: 02/14/2018
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`and late charges calculated up to and including January 23, 2018 (hereinafter the “Willert
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`Judgmen ”); and it is further
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`ORDERED, ADJUDGED AND DECREED that, the balance due upon the Net Kurtz
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`Judgment as of January 23, 2018 ($23,045.07) is hereby offset against the Willert Judgment, and
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`accordingly Mr. Willert is entitled to a judgment against the Plaintiff in the net amount of
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`$3 84,898.25, plus statutory interest from January 23, 2018, plus an award of the costs,
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`disbursements and expenses of this action, and that Mr. Willert have immediate execution
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`therefor; and it is finther
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`ORDERED, ADJUDGED AND DECREED that Plaintiff, pursuant to the Kurt:
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`Judgment, is entitled to an award of reasonable attorney’s fees, the amount of which is to be
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`detennined at a later date; Mr. Lorigo, pursuant to the Lorigo Judgment, is entitled to an award
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`of reasonable attorney’s fees, the amount of which is to be determined at a later date; and Mr.
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`Willert, pursuant to the Willelt Judgment, is entitled to an award of reasonable attorney’s fees ,
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`the amount of which is to be determined at a later date; and it is further
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`ORDERED that the $24,450.06 deposited with the Erie County Comptroller shall be
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`irmnediately paid by the Erie County Comptroller to Mr. Willert, through a check made payable
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`to “Ralph Lorigo, as attorney", less any fees, commissions, etc. due to the Erie County
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`Comptroller; and it is further
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`ORDERED that this Order And Judgment be immediately filed
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`served.
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