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13-260 - American Honda Finance Corp. v. Route 57 Development, LLC et al


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13-260 - American Honda Finance Corp. v. Route 57 Development, LLC et al
March 1, 2016
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DECISION AND ORDER granting #45 Petitioner's Motion for Summary Judgment. Respondent shall pay over to Petitioner ninety percent 90% of any money in which Respondent Simao (including any debt or obligation due and owing from the entity Respondents to Respondent Simao) until Petitioner's Judgment plus interest is satisfied. If the above-referenced amount to be paid is insufficient to satisfy the petitioner's judgment plus interest, the Court sets forth the acts to be taken within the Decision and Order. A receiver shall be appointed within thirty days from the date of this order. Petitioner shall file a new motion within 30 days of the date of this order briefing the Court as to (1) the legal standard governing Petitioner's request for a sum, not exceeding five percent of the Judgment, under NY CPLR 8303(b); (2) the amount of costs to which Petitioner is entitled as a prevailing party; and (3) the amount of interest that Petitioner is owed. Respondent shall file a response to that motion within 14 days from the date of their receipt of the motion. Signed by Chief Judge Glenn T. Suddaby on 3/1/16. (lmw)
May 13, 2016
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DECISION AND ORDER granting in part #75 Petitioner's motion: Petitioner is awarded a discretionary allowance in the amount of ONE HUNDRED EIGHTY ONE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS AND SEVENTY-FIVE CENTS ($181,135.75) pursuant to NY CPLR ยง8303(b); and (2) Petitioner is awarded post-judgment interest at a rate of 0.20% per year on its two Judgments of March 29, 2012, for the principal amounts of $2,120,493.09 and $1,502,221.94, resulting in a total amount of principal and interest of THREE MILLION SIX HUNDRED FIFTY-TWO THOUSAND THREE DOLLARS AND EIGHTY-EIGHT CENTS ($3,652,003.88) due as of April 8, 2016, and an additional $20.01 per day due thereafter, until entry of Judgment in this action; and Petitioner's motion (Dkt. No. 75) is otherwise DENIED. The Clerk of the Court is directed to enter Judgment for Petitioner and close this action. Signed by Chief Judge Glenn T. Suddaby on 5/13/16. (lmw)
November 15, 2018
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DECISION AND ORDER denying #114 Petitioner's motion to enforce the settlement agreement; and granting #133 and #137 Petitioner's two letter-motions for an Order granting Petitioner leave to commence a civil contempt proceeding against Respondents pursuant to Local Rules 83.5(a) as a result of Respondents' non-compliance with the Court's Order Appointing Receiver of 5/13/16. Signed by Chief Judge Glenn T. Suddaby on 11/15/18. (lmw)