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SUPREME COURT OF THE STATE OF NEW YORK

irrll3607

COUNTY OF NEW YORK

MICROSTRATEGIES, INC.,

idex No.:

Plaintiff,
vs.

WHfTE ACRE EQUITIES, LLC,

AFFIDAVIT PURSUANT TO CPLR 5402

Defendant

JAMES A. KELLAR, ESQ., being duly swom, deposes and says:

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.

Acopy of that judgment, duly authenticated by the Deputy Clerk of the

Superior Court of New Jersey, is annexed hereto as Exhibit Aand filed herewith.
3.

The judgment was not obtained by default in appearance or confession of

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

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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.

The enforcement of the judgment has not been stayed.

6.

The last known address of the judgment debtor White Acre Equities, Inc. is

885 Second Avenue, 34*^ Floor, New York, NY 10017.

JAlVffiTA. KELLAR, ESQ.


Attdmey for Plaintiff,
licro Strategies, Inc.
DATED: October 7,2010

Sworn to and subscribed


before me

, 2010.

p \ \, E
NOTARY PUBLIC

mTRI(aAA.DEllAPIAQIi
ANotary Public of Ne Jersey

Ify Commis^n Expires 12/16^3

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2341755vl

7 STATE OF NEW JERSEY

SCTERIOR COURT OF NEW JERSEY

LAW DIVISION, MORRIS COUNTY


7

COUNTY OF MORRIS

SPECIAL CIVIL PART

DOCKET NO. DC-005853-09

I, Robert D. Tracv Deputy Clerk ofthe Superior Court, in the State ofNew Jersey, Morris County, and the official custodianof

the records, do hereby certify that onthe


PLAINTIFF

20^ day of APRIL . 2010, judgment was rendered in this court infavor ofthe

MICRO STRATEGIES INC

in the amount of $ 15000

and as againstthe DEFENDANT

and costs of S379

LINDABURY MCCORMICK E & C

WHITE ACRE EQUITIES. INC

and that the attorney for the plaintiff in the said action was

and that saidjudgment remains unsatisfied and unpaid in this court.


IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of said Court this

dav of September. the year two thousand ten.

Deputy Clerk ofthe Superior Court


1, Marvann L. Nereaard

''

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.

^^ ^\ \

TESTIMONY WHEREOF, Ihave hereunto setmy hand and affixed the

IN TESTIMONY WHEREOF, Ihave hereunto set my hand and affixed the

seal ofsaid Court this 7 ^ dav


ay of
of September,
September, the
the year
year two
two thousand
thousand ten.
ten.

Judge ofth^u^erior Court

/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

seal ofsaid Court this Q

day of September . theyear two thousand ten.

Deputy Clerk of the Superior Court

Filed Apr 20;.2010


MARYANN L. NERGAARD, J.S.C.
Lindabury,McCormick, Estabrook & Cooper, P.C.
53 Cardinal Drive

__

P.O. Box 2369

Westfield, NJ, 07091


(908) 233-6800
Attorneys for Plaintiff

MICRO STRATEGIES, INC.

SUPERIOR COURT OF NEW reRSEY

LAW DIVISION, SPECIAL CIVIL PART


Plaintiff,

MORRIS COUNTY

DOCKET NO.; DC-5853.09


-vs-

Civil Action

WHITE ACRE EQUITIES, LLC,


FINAL JUDGMENT BY DEFAULT
Defendant.

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

IT IS FURTHER ORDERED that a copy of this Judgment shall be served upon

defendant within

days ofthe date hereof.

0^
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23J6576VI

MARYANN L.