FILED: NEW YORK COUNTY CLERK 08/21/ :59 AM INDEX NO /2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/22/2017

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1 GARY RAWL1NS, NOTICE OF MOTION FOR SUMMARY JUDGMENT IN LIEU OF COMPLAINT Ronald Sheppard and LaShawn Sheppard Upon the summons, dated August 21, 2017, and the affirmation of Gary N. Rawlins sworn to on August 21, 2017, the plaintiff will move this Court, at an I AS Term, Motion Submissions Part, Room 130, at the New York County Supreme Courthouse, 60 Centre Street, New York, NY on September 22, 2017 at 9:30 in the forenoon, or as soon as counsel may be heard, for an order directing the entry of judgment for the plaintiff and against the defendants in the amount of Five Hundred seventeen thousand six hundred and six thousand dollars and eighty seven cents ( $517, ) and for such other and further relief as to the court may seem just and proper, plus the costs of this motion and reasonable attorneys fees.. Take further notice that all answering papers shall be served on the undersigned on or before the 10th day after personal delivery of the summons to you. Dated: August 21, 2017 White Plains, New York Is/ Gary N/Rawlins, Esq. Attorney for Plaintiff 111 Westchester Ave Ste 101 White Plains, NY Tel: (212) Fax: (347) of 5

2 Gary N. Rawlins, x AFFIDAVIT Ronald Sheppard and LaShawn Sheppard, Gary N. Rawlins, an attorney duly admitted to practice before the Courts of the State of New York, pon information and belief and under penalties of perjury affirm as follows: 1. I am the Plaintiff in this action and make this affirmation in support of a motion for summary judgment in lieu of complaint based upon my personal knowledge, my records and the records of the original forum. 2. This is an action based upon legal retainer contracts executed in the State of New York for the payment of earned legal fees for a sum certain of $517, Defendants entered contingency legal retainer agreements with my office to quiet title to the property known as 153 West 131st Street, New York, New York in the Estate of DONALD O. SHEPPARD, SR. 3. I litigated the matter in the Supreme Court in New York County for seven years and secured title of the property in the estate and a stipulation of settlement awarding defendants 58% of the Donald Sheppard, Jr.'s share of the estate. See. retainers attached as Exhibit A. 4. Additionally, I counselled the plaintiffs and specifically Administrator Andrew Sheppard through the sale of the property and the payment of funds totalling $1,925, in an Estate account for the Estate of Donald Sheppard. 6. Pursuant to their retainer agreements, the defendants owe $517, in legal fees and costs from the funds being held by Andrew Sheppard as Administrator of the Estate of Donald 2 of 5

3 Sheppard. I presented the defendants with a breakdown of my fees and costs and the same has not been paid to date. See breakdown attached as Exhibit B. 7. Removing all doubt as to the amount of money owed is the stipulation of settlement entered into in Surrogate's Attached as Exhibit C. My representation concluded as to securing the defendants' interest in the estate and ensuring the deposit of the funds from the real estate sale in the bank account of Andrew Sheppard as Administrator of the Estate of Donald Sheppard, the attorneys fees and cost are now due. This matter is not subject to mandatory fee dispute mediation as it is a contingency fee retainer and it is in excess of $50, Demand for payment from Administrator Andrew Sheppard has been made and rejected. I am left with no choice but to seek a judicial intervention and a judgment for the payment of the legal fees and costs. 9. There is no defense to this action. WHEREFORE, it is respectfully requested that summary judgm it be granted together with such other and further relief as the court deems proper. Gary N. Rawlii 3 of 5

4 GARYN.RAWLINS, Y JUDGMENT AND ORDER /2O -^ Ronald Sheppard and LaShawn Sheppard Plaintiff has moved this Court for summary judgment against the defendant regarding owed legal fees. In support of the motion, plaintiff has submitted a Summons and a Notice of Motion for Summary Judgment in Lieu of Complaint, both dated August 21, 2017; the Affirmation of Gary N. Rawlins sworn to on the 21 st day of August, 2017; The retainer agreements attached as Exhibit A, the litigation fee and cost breakdown attached as Exhibit B. (No) papers were submitted in opposition thereto and a hearing on the motion was held on, 2017.Upon the foregoing papers and, upon hearing Gary N. Rawlins, Esq., of counsel, in support of the motion and having appeared in opposition thereto, and due deliberation having been had; it is ORDERED, that the motion of the plaintiff is hereby granted; and it is ADJUDGED that the plaintiff, Gary Rawlins, is granted judgment against the defendants for $517, and disbursements as to be taxed by the Clerk of this Court upon the presentation of the proper papers; and that the plaintiff have execution therefore. GRANTED: Hon. J.S.C. 4 of 5

5 Gary N. Rawlins, (055 ^\- NOTICE OF MOTION Ronald Sheppard and LaShawn Sheppard, RAWLIJfS LAW, PLLI 777 Westchester Ave, Suite #101 White Plains, NY Tel: (212) Fax:(347) of 5