5:23-cv-01291•Miller and Company, LLC v. Frazer and Jones, LLC
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1 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"); Case 5:23-cv-01291-MAD-MJK Document 35 Filed 12/22/25 Page 1 of 3
2 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 Case 5:23-cv-01291-MAD-MJK Document 35 Filed 12/22/25 Page 2 of 3
3 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 Case 5:23-cv-01291-MAD-MJK Document 35 Filed 12/22/25 Page 3 of 3
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