Miller and Company, LLC v. Frazer and Jones, LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
MILLER AND COMPANY, LLC,
Plaintiff,
vs. 	5:23-CV-1291
(MAD/MJK)
FRAZER AND JONES, LLC,
Defendant.
____________________________________________
APPEARANCES: 	OF COUNSEL:
DILWORTH PAXSON LLP 	IRA N. GLAUBER, ESQ.
485 Lexington Avenue - 14th Floor
New York, New York 10017
Attorneys for Plaintiff
NEW YORK LEGAL ASSISTANCE GROUP 	YONIT CAPLOW, ESQ.
100 Pearl Street - 19 Floor
New York, New York 10004
Attorneys for Plaintiff
BOND SCHOENECK & KING, PLLC 	THOMAS G. ERON, ESQ.
One Lincoln Center 	MICHAELA J. MANCINI, ESQ.
Syracuse, New York 13202
Attorneys for Defendant
Mae A. D'Agostino, U.S. District Judge:
CONSENT JUDGMENT AND ORDER
WHEREAS, the above-captioned case was commenced by Plaintiff Miller and Company,
LLC against Defendant Frazer and Jones, LLC (collectively, the "parties") on October 19, 2023;
WHEREAS, the parties have settled this matter pursuant to a Settlement Agreement dated
April 15, 2024 (the "Settlement Agreement");
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WHEREAS, the Settlement Agreement required Defendant to pay Plaintiff the sum of
$772,833.53 plus interest on the then outstanding balance at the rate of 7% per annum less any
payments made by Defendant pursuant to the Settlement Agreement (the "Settlement Amount")
through a series of installments;
WHEREAS, Defendant ceased making payments towards the Settlement Amount in mid-
August 2025 and Plaintiff notified Defendant that it was in default of the Settlement Agreement;
WHEREAS, on September 12, 2025, Plaintiff submitted an application to this Court for a
Consent Judgment, wherein, Plaintiff certifies and declares that a default under the Settlement
Agreement has occurred (Dkt. No. 31);
WHEREAS, Defendant does not oppose Plaintiff's application for Consent Judgment
(Dkt. No. 32);
WHEREAS, the outstanding unpaid principal Settlement Amount due from Defendant to
Plaintiff is $94,886.64;
WHEREAS, the interest due at the time of Plaintiff's September 12, 2025, application
was $37,822.04;
WHEREAS, the parties have agreed to the terms set forth herein and hereby consent to
the entry of the following judgment; and
WHEREAS, the Court has reviewed Plaintiff's application and finds that a default of the
Settlement Agreement has occurred, and finds good cause shown; it is hereby
ORDERED that judgment is entered in favor of Plaintiff in the amount of $132,708.68, as
calculated as $772,833.53 less the amount of any Payments (as defined in the Settlement
Agreement) made by Defendant, plus interest on the then outstanding balance at the agreed upon
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interest rate of 7% per annum, from the date of the Initial Due Date (as defined in the Settlement
Agreement).
IT IS SO ORDERED.
Dated: December 22, 2025
Albany, New York
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