SHORT FORM ORDER SUPREME COURT OF THE STATE OF NEW YORK

PRESENT: HON. DANIEL MARTIN Acting Supreme Court Justice

TRIAL/IA& PART 39 MELISSA IELPI. NASSAU CQUNTY

Plaintiff(s). INDEX NO.: 015455/99

- against -

RICARDO J. LOPEZ, , INC., AND , INC., RINGLING BROS.-BARNUM & BAILEY COMBINED SHOWS, INC., , DISNEY ENTERPRISES, INC. and .

Defendant(s).

have hew.. . . Papers Numbered Notice of Motion and Affidavits Annexed Order to Show Cause and Affidavits Annexed Answering Affidavits Replying kdavits

The above matter was scheduled for a certification conference on March 20,200l. At that time plaintiffs attorney and defendants Feld Ent. Inc., Ice Follies and Holiday On Ice ’s attorneys appeared. Defendant, Ricardo J. Lopez ’s, attorney did not. The court hereby grants default against defendant, Ricardo J. Lopez, and strikes that defendant ’s answer pursuant to 22 NYCRR $202.27(a).

The matter is hereby set down for an inquest to determine plaintiffs damage as against defendant Ricardo J. Lopez. Plaintiff shall file a note of issue on or before May25,200l. A copy of this order shall be served upon the County Clerk when the note of issue is filed.Failure to file a note of issue or appear as directed shall be deemed abandonment of the claim giving rise to the inquest. A copy of this order shall be served upon the defendant Lopez by certified mail, 25,200l. return receipt requested and by regular mail by May

The inquest is hereby set down on the Calendar Control Part calendar on June 11,200l at 9:30 a.m. Counsel prepared to proceed shall report to the Calendar Control Part for assignment on that date.

So Ordered.

Dated: May 7.2001

ENTERE D

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