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Mitsubishi Motor Credit of America, Inc. v. Country Motors LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 5, 2008

MITSUBISHI MOTOR CREDIT OF AMERICA, INC., PLAINTIFF,
v.
COUNTRY MOTORS LLC, MICHAEL A. CARUSO AND STEVEN M. GAJESKI., DEFENDANTS.

The opinion of the court was delivered by: Hurley, Senior District Judge

ORDER

On July 18, 2008 Magistrate Judge E. Thomas Boyle issued a Report and Recommendation ( the "Report") recommending that Plaintiff"s motion for summary judgment be granted in its entirety and that plaintiff be awarded judgment against the defendants, jointly and severally, in the amount of $335,188.91, which represents the following: (1) $25,771.15 due and owing under the Motor Vehicle Inventory Loan and Security Agreement; (2) $296,138.58 due and owing under the Installment Note; and (3) attorney's fees and cost in the amount of $13,279.18. More than ten (10) days have elapsed since service of the Report, and neither party has filed any objections to it.

Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, this Court adopts the July 18, 2008 Report of Judge Boyle as if set forth herein. The Court therefore directs that Plaintiff recover from the Defendants, jointly and severally, the amount of $335,188.91 and that judgment be entered accordingly. Upon entry of judgment, the Clerk of Court is directed to close this case.

SO ORDERED.

Denis R. Hurley, United States District Judge

20080805

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