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irrll3607SUPREME COURT OF THE STATE OF NEW YORK sCOUNTY OF NEW YORK

MICROSTRATEGIES, INC., idex No.:

Plaintiff,

vs.

WHfTE ACRE EQUITIES, LLC,

Defendant

AFFIDAVIT PURSUANT TO CPLR 5402

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 PlaintiffMicro 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 theSuperior Court of New Jersey, is annexed hereto as Exhibit Aand filed herewith.

3. The judgment was not obtained by default in appearance or confession ofjudgment as contemplated by CPLR 5402. Defendant filed an answer in this case and fileda motion to dismiss for lack of jurisdiction. Defendant's motion was denied, andDefendant failed to appear on the day oftrial. At that point, "judgment by default wasentered against. As Defendant accepted service, filed an answer, and filed a motion therewas 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., 1Dept, 1983). In .Snmmeronr. as in the instant case, the defendant filed documents with the

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nout-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.

DATED: October 7,2010

Sworn to and subscribedbefore me

, 2010.

NOTARY PUBLIC

mTRI(aAA.DEllAPIAQIiANotary Public of Ne Jersey

Ify Commis^n Expires 12/16^3

y0 Ijy-

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JAlVffiTA. KELLAR, ESQ.Attdmey for Plaintiff,

licro Strategies, Inc.

p \ \, E

7 STATE OF NEW JERSEY

7 COUNTY OF MORRIS

SCTERIOR COURT OF NEW JERSEYLAW DIVISION, MORRIS COUNTYSPECIAL 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 20^ day of APRIL . 2010, judgment was rendered in this court infavor ofthePLAINTIFF MICRO STRATEGIES INC and as againstthe DEFENDANT WHITE ACRE EQUITIES. INC

in the amount of $ 15000 and costs of S379 and that the attorney for the plaintiff in the said action was

LINDABURY MCCORMICK E & C 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 O dav of September. the year two thousand ten.

Deputy Clerk ofthe Superior Court ''

1, MarvannL. Nereaard Judge of the SuperiorCourt of New Jersey, Morris County,do herebycertifythat 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.

^ \ \ IN TESTIMONY WHEREOF, Ihave hereunto set my hand and affixed theay of September, the year two thousand ten.

^ ^ TESTIMONY WHEREOF, Ihave hereunto set my hand and affixed thei seal of said Court this 7 ^ dav of September, the year two thousand ten.

^ Judge of th^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;.2010MARYANN L. NERGAARD, J.S.C.

Lindabury,McCormick, Estabrook & Cooper, P.C.53 Cardinal Drive __P.O. Box 2369Westfield, NJ, 07091(908) 233-6800Attorneys for Plaintiff

MICRO STRATEGIES, INC.

Plaintiff,

-vs-

WHITE ACRE EQUITIES, LLC,

Defendant.

SUPERIOR COURT OF NEW reRSEYLAW DIVISION, SPECIAL CIVIL PARTMORRIS COUNTYDOCKET NO.; DC-5853.09

Civil Action

FINAL JUDGMENT BY DEFAULT

The defendant. White Acre Equities, LLC, having been duly served with processand a copy of the Complaint in the above entitled action, and having been defaulted forfailure to appear at trial, and Defendant not being an infants or incompetent person; andtheplaintiffhaving filed Certifications setting forth a particular statement of the items ofthe claim, the amounts and dates, a calculation in figures for the amount of interest, thepayments or credits, ifany, 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 thesum $15,000.00 plus interest and costs to be taxed; and

IT IS FURTHER ORDERED that a copy of this Judgment shall be served upondefendant within ^ days of the date hereof.

^ ^ MARYANN L.

0^qO

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