Opinion
INDEX NO. 150272/2018
05-29-2018
MIREYA VASQUEZ, Plaintiff, v. GLOBAL CONSTRUCTION MANAGEMENT, LLC,NEW YORK HE TRADING LLC Defendant.
NYSCEF DOC. NO. 15 PRESENT: HON. KATHRYN E. FREED Justice MOTION DATE 05/14/2018 MOTION SEQ. NO. 001
DECISION AND ORDER
The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11 were read on this motion to/for JUDGMENT - DEFAULT. Upon the foregoing documents, it is ordered that the motion is granted without opposition.
The underlying action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff Mireya Vasquez, on or about September 9, 2017 at the subject premises at 2240 Amsterdam Avenue, New York, New York due solely to the negligence of defendants.
The underlying action was commenced by the filing of the summons and complaint on or about January 10, 2018. (Doc. No. 1). Service was effectuated on defendant Global Construction Management, LLC, by service its place of business at 1855 Westchester Avenue, Bronx, The complaint was verified by plaintiff on or about November 6, 2017. (Docs No. 1 and 11). New York, 10472, by delivering the summons and complaint and accompanying papers personally to "Kim" who indicated that she was a "Clerk authorized to accept" service on January 29, 2018. (Docs. No. 2, 11, Ex. B). A default letter pursuant to CPLR 3215 containing a copy of the summons and complaint, dated April 7, 2018, was served on Global Construction Management, LLC (Doc. No. 11, Ex. C ). A copy of the within Motion for a Default was served on Global Construction Management, LLC on April 18, 2018. (Doc. No. 9). Plaintiff's counsel now affirms that defendant has failed to appear in the instant motion and pursuant to CPLR 3215 and prays that a default judgment be entered against Global Construction Management, LLC. (Doc. No. 10).
All references are to the documents filed with NYSCEF in connection with this matter.
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 him." It is well settled that "[o]n 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 AD3d 649, 651 (2d Dept 2011.
Plaintiff has therefore established the facts constituting the claim and plaintiff is entitled to a default judgment against defendant Global Construction Management, LLC.
In light of the foregoing, it is hereby:
ORDERED that the motion by plaintiff Mireya Vasquez seeking a default judgment against defendant Global Construction Management, LLC is granted; and it is further,
ORDERED that, following the filing of the note of issue, this matter is to be set down for an inquest in favor of plaintiff Mireya Vasquez assessing damages against defendant Global Construction Management, LLC, with said inquest and assessment of damages to take place at the time of trial, or other disposition, of the remaining portion of the action; and it is further,
ORDERED that plaintiff Mireya Vasquez shall serve a copy of this order on all parties to this action, and on the Trial Support Office at 60 Centre Street, Room 158; and it is further,
ORDERED that this constitutes the decision of the court. 5/29/2018
DATE
/s/ _________
KATHRYN E. FREED, J.S.C.