`FILED: GENESEE COUNTY CLERK 08/29/2019
`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. E67599
`INDEX NO. E67599
`RECEIVED NYSCEF: 08/30/2019
`RECEIVED NYSCEF: 08/30/2019
`
`STATE OF NEW YORK
`SUPREME COURT:
`
`COUNTY OF GENESEE
`
`NORTHWEST BANK f/k/a NORTHWEST
`SAVINGS BANK,
`
`Plaintiff,
`
`VS.
`
`Index No.: E67599
`
`ACME HOLDINGS OF N.Y., INC.,
`MICHAEL S, TOMASZEWSKI,
`MICHAEL S. TOMASZEWSKI FUNERAL
`AND CREMATION CHAPEL, LLC,
`and JOHN DOE1 and 2, the Namesofthe
`“John Doe” Defendants Being Fictitious and
`Unknown to Plaintiff, but Intended to be Parties,
`if any, Having or Claiming an Interest in the
`Personal Property Described Herein,
`
`Defendant(s).
`
`STATEMENT FOR JUDGMENT
`
`AMOUNTCLAIMED IN COMPLAINT
`
`LATE FEES
`
`INTEREST CLAIMED THROUGH8/14/2019
`
`$173,675.89
`
`$ 18,299.50
`
`$_16,179.45
`
`DAMAGES(BALANCE OWING ANDINTEREST)
`
`$208,154.84
`
`COSTS BY STATUTE
`
`FEE FOR INDEX/DOCKET NUMBER
`
`$ 200.00
`
`$ 210.00
`
`SERVICE, SUMMONS AND COMPLAINT
`
`$ 215.00
`
`TRANSCRIPTS AND DOCKETING
`
`FEES ON EXECUTION
`
`DEFAULT JUDGMENT FEE
`
`TOTAL COSTS
`
`JUDGMENT AMOUNT
`
`Index # E67599
`05/29/2019 01:33:42 PM
`
`Michael T. Cianfrini, County Clerk
`
`$
`
`$
`
`15.00
`
`86.00
`
`
`$__45.00
`
`$___
`
`771.00
`
`$208,925.84
`
`1 of 3
`1 of 3
`
`
`
`FILED: GENESEE COUNTY CLERK 08/29/2019
`FILED: GENESEE COUNTY CLERK 08/29/2019
`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. E67599
`INDEX NO. £67599
`RECEIVED NYSCEF: 08/30/2019
`RECEIVED NYSCEF: 08/30/2019
`
`The undersigned, a partner with Rupp Baase Pfalzgraf Cunningham LLC, attorneys of
`
`record for plaintiff herein, states, under the penalties of perjury, (1) that the disbursements above specified
`
`are correct and true and have been or will necessarily be incurred herein and are reasonable in amount, (2)
`
`that the time of defendant(s) (referring to all defendants unless less than all are specified below) to appear
`
`or answerherein has expired and the said defendant(s) have not appeared or answeredherein,(3)if
`
`judgmentis sought underan order ofthe Court filed heretofore or herewith, however, application is based
`
`on said order and not on default, insofar as defendants specified in said order are concerned, and(4)if the
`
`balance stated above is less than the amountclaimed in the complaint, the said balance represents the
`
`proper balance owingafter all payments or other credits subsequentto preparation of the complaint. If
`
`judgmentis sought againstless than all defendants, plaintiff applies for an order of the Clerk under CPLR
`
`321 5{a) severing the action as to defendants not included in the judgment. Defaulting defendant(s),if less
`
`than all defendants, is:
`
`Dated: Buffalo, New York
`August 14, 2019
`
`AttomeysformeUY
`By:—MeYe
`
`RUPP BAASE PFALZGRAF CUNNINGHAM LLC
`
`Daniel E. Sarzynski, Esq.
`1600 Liberty Building
`Buffalo, New York 14202-3694
`(716) 854-3400
`
`ORDER OF THE CLERK PURSUANTTO C.P.L.R. 3215(a) :
`
`Judgment having been applied for against less than all of the defendants in the action and
`
`the action continuing against the following named defendants, it is hereby ORDEREDthat this action be
`
`severedasagainstthefollowingnameddefendant(s): N/Aee
`
`DATED:_98/29/2019 9019 By:
`SOCLERK
`
`-2-
`
`2 of 3
`2 of 3
`
`
`
`FILED: GENESEE COUNTY CLERK 08/29/2019
`FILED: GENESEE COUNTY CLERK 08/29/2019
`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. E67599
`INDEX NO. E67599
`
`RECEIVED NYSCEF: 08/30/2019
`RECEIVED NYSCEF: 08/30/2019
`
`
`
`JUDGMENT ENTERED:_98/29/2019 2019. The Summonsand
`
`Complaint in this action having been personally served on each defendant against whom judgmentis
`
`entered hereby in the manner prescribed by law,andthe time ofeach said defendantto appear or answer
`
`having expired (unless and to the extent that judgmentis granted herein pursuantto court order specified
`
`below), and the said defendant(s) not having appeared or answeredherein (or judgment being awarded
`
`pursuantto said court order). NOW, THEREFORE, ON MOTION OFRuppBaasePfalzgraf
`
`Cunningham LLC,attorneysforplaintiff, it is
`
`ADJUDGED,thatPlaintiff, Northwest Bank f/k/a Northwest Savings Bank, 100 Liberty
`
`Street, Warren, Pennsylvania 16365 does recover of
`
`NAMES(S) AND ADDRESS(ES) OF
`DEFENDANT(S)-JUDGMENT DEBTOR(S)
`
`AMOUNT(S) OF JUDGMENT
`
`1. ACME HOLDINGS OF N-Y., INC.
`4120 West Main Street Road
`Batavia, New York 14020
`
`CLAIM AND INTEREST
`
`$ 208,154.84
`
`COSTS, DISBURSEMENTS
`
`$___771.00
`
`2. MICHAEL 8. TOMASZEWSKI
`43 Edgewood Drive
`Batavia, New York 14020
`
`TOTAL JUDGMENT
`
`$ 208,925.84
`
`CLAIM AND INTEREST
`
`$ 208,154.84
`
`COSTS, DISBURSEMENTS
`
`$__771.00
`
`TOTAL JUDGMENT
`
`$ 208,925.84
`
`3. MICHAEL 8S. TOMASZEWSKI FUNERAL
`AND CREMATION CHAPEL, LLC
`4120 West Main Street Road
`Batavia, New York 14020
`
`CLAIM AND INTEREST
`
`$ 208,154.84
`
`COSTS, DISBURSEMENTS
`
`$
`
`771.00
`
`TOTAL JUDGMENT
`
`$ 208,925.84
`
`and, as to each defendant, that plaintiff has execution therefor.
`
`Bx
`
`CLERK
`
`-3-
`
`3 of 3
`3 of 3
`
`
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