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irrll3607
MICROSTRATEGIES, INC.,
idex No.:
Plaintiff,
vs.
Defendant
1.
That heretofore an on or about the 20''' day of April, 2010, the Superior
Court of the State of New Jersey, Special Civil Part entered ajudgment in favor of Plaintiff
Micro Strategies, Inc. and against Defendant White Acre Equities, LLC in the amount of
$15,000.00 plus interest and costs to be taxed.
2.
Superior Court of New Jersey, is annexed hereto as Exhibit Aand filed herewith.
3.
judgment as contemplated by CPLR 5402. Defendant filed an answer in this case and filed
a motion to dismiss for lack of jurisdiction. Defendant's motion was denied, and
Defendant failed to appear on the day oftrial. At that point, "judgment by default was
entered against. As Defendant accepted service, filed an answer, and filed a motion there
was no default in appearance as contemplated by CPLR 5402. Similar facts were present
in .Siinmnerour & Associates v. Bradhill Industries. Inc.. 457 N.Y.S.2d 524 (App. Div., 1
Dept, 1983). In .Snmmeronr. as in the instant case, the defendant filed documents with the
2341755vl
out-of-state court and challenged its jurisdiction. The Appellate Division held that a
failwe to appear in the later stages of the litigation does not constitute a "default in
appearance" under CPLR 5402.
4.
The judgment is unsatisfied in whole and there remains unpaid thereon the
/ sum of $15,379.00.
5.
6.
The last known address of the judgment debtor White Acre Equities, Inc. is
, 2010.
p \ \, E
NOTARY PUBLIC
mTRI(aAA.DEllAPIAQIi
ANotary Public of Ne Jersey
y 0 Ijy-
2341755vl
COUNTY OF MORRIS
I, Robert D. Tracv Deputy Clerk ofthe Superior Court, in the State ofNew Jersey, Morris County, and the official custodianof
20^ day of APRIL . 2010, judgment was rendered in this court infavor ofthe
and that the attorney for the plaintiff in the said action was
''
Judge of the SuperiorCourt of New Jersey, Morris County,do herebycertify that Robert D. Tracy
whose name is subscribed above, is the DeputyClerk of the SuperiorCourt and the official custodian of the records in proper
form, and that the seal affix^difcthe seal of the Superior Court of New Jersey.
^^ ^\ \
/J
I, Robert D. Tracy, Deputy Clerk of the SuperioL^ourt of New Jersey, Morris County, do hereby certify that
Marvann L. Nereaard
Judge, whose name is subscribed to the preceding certificate is, the Superior Court Judge of the
County of Morris, duly commissioned and qualified and that the signature to said certificate is genuine.
in TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
__
MORRIS COUNTY
Civil Action
The defendant. White Acre Equities, LLC, having been duly served with process
and a copy of the Complaint in the above entitled action, and having been defaulted for
failure to appear at trial, and Defendant not being an infants or incompetent person; and
the plaintiff having filed Certifications setting forth a particular statement of the items of
the claim, the amounts and dates, a calculation in figures for the amount of interest, the
payments or credits, if any, and thenet amount due, and good cause having beenshown;
IT IS on this
POthdav of
April
, 2010,
ORDERED that final judgment be and the same hereby is entered in favor of
Plaintiff Micro Strategies, Inc. and against Defendant White Acre Equities, LLC in the
sum $15,000.00 plus interest and costs to be taxed; and
defendant within
0^
qO
23J6576VI
MARYANN L.