Dec 14, 2011 ... and FRIC & FRAC PLAX. Original Return Date: 08-09-. Motion Seq. No.: 001.
Defendants,. The following named papers numbered 1 to 5 were ...
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU: LA. PART 17
AMERICAN EXPRESS BANK, FSB, Plaintiff
DECISION AND ORDER Index No. : 12287/10
- against-
CHRIS JESPERSEN and
HERITAGE BIOGRAPHICA and FRIC & FRAC PLAX
Original Return Date: 08- 09Motion Seq. No. : 001
Defendants,
The following named papers numbered 1 to 5 were submitted on this Notice of Motion on August 9 ,
2011: Pavers numbered
Notice of Motion , Affirmations (2) and Affidavits (2) in Support Affidavit in Opposition Reply Affirmation
The unopposed motion by the Plaintiff for an Order pursuant to C. P , L.R. 3215 directing that a Judgment on
Default be entered against the Defendants , CHRIS JESPERSEN , HERITAGE
BIOGRAPHICA and FRIC & FRAC PLA)( , and in favor of the Plaintiff, AMERICAN E)(PRESS BANK , FSB , is decided as follows: On June 28 , 2010 , the Plaintiff commenced the within action by fiing the Summons and Complaint with the County Clerk of the County of
Nassau. The Complaint alleges
that the
Defendants failed to pay charges incurred on a certain Optima Triumph Business Blue Open and Business Platinum Open charge cards issued by the Plaintiff, AMERICAN E)(PRESS BANK, FSB
to the Defendants CHRIS JESPERSEN and HERITAGE BIOGRAPHICA (Business Blue Open
account) and CHRIS JESPERSEN and FRIC & FRAC PLA)( (Business Platinum Open account),
It is alleged that on or about June 28 , 2010 and continuing to the present , the Defendants failed to
make payments on the Business Blue Open card (balance due of $20 032. 04)
and the Business
Platinum Open card (balance due of$23 787. 26).
On July 29 , 2010 , Defendant CHRIS JESPERSEN was served both individually and as managing agent for Defendants HERITAGE BIOGRAPHICA and FRIC & FRAC PLA) with copies of the Summons and Complaint. On August 31 , 2010 , additional service of the Summons and
Complaint was made upon the Defendants pursuant to C.
L.R. 3215(g)(3).
When the Defendants failed to answer or appear herein , the Plaintiff moved for entry of a Judgment on Defaul t against Defendants in the total principal sum of $4 3 819,
, which motion was
made within ONE (1) year of the date of the default. Notwithstanding service of a copy of the motion papers upon the Defendants , no response or opposition to the motion has been received by the Court,
Therefore , the Court has considered the Complaint ,
the Affidavit of Merits (C.P. L.R.
3215(t), the additional notice mailed to the Defendants (C. L.R. 3215(g)(3)(i)), and the papers submitted on this motion, and finds that the Plaintiff is entitled to the relief sought herein.
Accordingly, there being no opposition and after due deliberation , it is
On motion of JOSHUA J. KNURR , ESQ. , attorney for Plaintiff ORDERED , that the motion of the Plaintiff, AMERICAN E)(PRESS BANK , FSB , for an Order pursuant to C. L.R. 3215 as against the Defendants , CHRIS JESPERSEN , HERITAGE BIOGRAPHIC and FRIC & FRAC PLA)( is
granted;
and it is further
ORDERED , that the Plaintiff, AMERICAN E)(PRESS BANK , FSB , is awarded judgment
against Defendants CHRIS JESPERSEN and HERITAGE BIOGRAPHICA , jointly and severally, on its First Cause of Action in the principal sum of
$20, 032.
with interest to be calculated from
JUNE 28 , 2010 (C.P. L.R. 5001(b)), together with costs as taxed by the Clerk of the Court; and it is
further
ORDERED , that the Plaintiff, AMERICAN E)(PRESS BANK , FSB , is awarded judgment
against Defendants CHRIS JESPERSEN and FRIC & FRAC PLA)( , jointly and severally, on its Fourth Cause of Action in the principal sum of$23,
2010 (C,
787
, with interest to be calculated from JUNE
L.R. 5001(b)), together with costs as taxed by the Clerk of the Court; and it is further
ORDERED , that the Second and Fifth Causes of Action (Account Stated) and the Third and
severed and
Sixth Causes of Action (Unjust Enrichment) as contained in the Complaint , are hereby discontinued;
and it is further ORDERED , that counsel for the Plaintiff shall serve the Defendants with a copy ofthe within
Decision and Order with notice of entry either personally or by first class mail; and it is further ORDERED , that the Clerk of the Court shall enter a Judgment in favor of the Plaintiff
AMERICAN E)(PRESS BANK , FSB ,
and against Defendant , CHRIS JESPERSEN , and
HERITAGE BIOGRAPHICA and FRIC & FRAC PLA)( , in accordance herewith.
The foregoing constitutes the Decision and Order of the Cour. Dated: Mineola, New York December 12 , 2011
EL K. ASARCH , J.S.
ENTE DEC
14 2011
NASSAU COUNlY COUNTY CLERK' OFF'C
Copies mailed to:
Joshua 1. Knurr , Esq. Attorney for Plaintiff
Chris Jespersen Heritage Biographica Fric & Frac Plax Defendants (in default)
