Opinion
Index Nos. 152236/2020 595906/2022 595357/2023 Motion Seq. No. 001
05-11-2023
CHUBB NATIONAL INSURANCE COMPANY A/S/O LEWIS A. SANDERS AND ALICE SANDERS, Plaintiff, v. SBP HOMES D/B/A SBP NEW YORK LLC. PEMBROOKE & IVES INC., STH PAINTING, INC., REN INTERIORS, LLC, FRESCO DECORATIVE PAINTING, INC., RAEL AUTOMATIC SPRINKLER CO., INC., Defendant. STH PAINTING, INC. Plaintiff, v. TRZASKA CONSTRUCTION CORP. Defendant. SBP HOMES D/B/A SBP NEW YORK LLC Plaintiff, v. I.J. PEISER'S SONS, INC. Defendant.
Unpublished Opinion
MOTION DATE 07/09/2023
DECISION + ORDER ON MOTION
SABRINA KRAUS, J.S.C.
The following e-filed documents, listed by NYSCEF document number (Motion 001) 65, 66, 67, 68, 69, 70, 71 were read on this motion to/for _JUDGMENT - DEFAULT.
Plaintiff commenced this action seeking reimbursement for sums paid out to Plaintiffs subrogors as the result of a fire which occurred on April 1, 2018, in the Penthouse of 432 Park Avenue, New York, NY.
Defendant/Second Third - Party Plaintiff STH Painting, Inc., filed a Second Third Party action as against Trzaska Construction Corp on November 14, 2022, alleging that Trzaska, its employees and/or agents, were performing work, in the Penthouse prior to April 1, 2018, and were responsible for trash removal in the Penthouse prior to April 1,2018. Defendant/Second Third-Party Plaintiff, STH, asserts if it is held liable to Plaintiff, in any respect, such liability will be due solely to the negligence and general failure of Trzaska in not removing trash or improperly directing, controlling, and supervising the ongoing work in the Penthouse prior to April 1,2018.
The affidavit of service indicates service on the Secretary of State of the state of New York on January 4, 2023.
Trzaska has failed to appear or file an answer and the time in which to do so has not been extended. '
On April 28, 2023, Defendant/Second Third-Party Plaintiff S.T.H. Painting, Inc. moved for a default judgment pursuant to C.P.L.R. § 3215(a), as against Trzaska. Trzaska has failed to appear or submit opposition.
CPLR § 3215(a) provides, in pertinent part, that "[w]hen a defendant has failed to appear, plead or proceed to trial... the plaintiff may seek a default judgment against [it]." "On a motion for leave to enter a default judgment pursuant to CPLR §3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing." Atlantic Cas. Ins. Co. v RJNJ Servs. Inc., 89 A.D.3d 649, 651 (2d Dept 2011).
In support of the motion, Defendant/Second Third-Party Plaintiff submits the affirmation of Stephanie B. Gitnik, Esq.; a copy of the initial summons and complaint; answer by Defendant/Second Third-Party Plaintiff; amended complaint and amended answer; affidavit of Jovanny Narvaez, owner of STH Painting Inc; copy of the Second Third Party summons and complain and affidavit of service of the same; and a good faith letter to Trzaska, and a revised proposal.
Defendant/Second Third-Party Plaintiff has established prima facie entitlement to a default judgment as to Trzaska Construction Corp Wherefore, it is hereby
ORDERED that Defendant/Second Third-Party Plaintiff motion seeking a default judgment against Trzaska Construction Corp is granted; and it is further
ORDERED damages are to be determined at trial; and it is further
ORDERED that, within 20 days from entry of this order, movant shall serve a copy of this order with notice of entry on all parties and the Clerk of the General Clerk's Office (60 Centre Street, Room 119); and it is further
ORDERED that such service upon the Clerk shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.ny courts. gov/supctmanh).
This constitutes the decision and order of the court.