Wolfe Axelrod Weinberger Assocs. v. Spare Backup CA4/2

FACTS AND PROCEDURAL HISTORY

In May 2006, Spare Backup entered into a consulting agreement with Wolfe

Axelrod Weinberger Associates, LLC (hereafter Wolfe). In 2009, Wolfe filed suit in

New York for breach of the agreement. On January 12, 2010, Wolfe obtained a default

judgment. Spare Backup moved to set aside the default judgment.

On May 6, 2010, before the court ruled on the motion to set aside the default, the

parties entered into a settlement agreement, which required Spare Backup to pay certain

sums by certain dates. Spare Backup did not make payments in accordance with the

agreement.

On June 8, 2010, the parties entered into a second settlement agreement. The

agreement also provided for certain payments to be made by certain dates. It states that

“[u]pon default, [Spare Backup] is required to pay Wolfe the amount of $95,000 plus

reasonable attorneys‟ fees and costs . . . and consents to the entry of judgment against it

and in favor of Wolfe in the amount of $95,000 plus attorneys fees and costs . . . .”

The settlement agreement then provides: “[Spare Backup] consents to the entry of

Judgment in the Supreme Court of New York without notice or demand to it or…