Rubin v Islamic Republic of Iran

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Rubin v Islamic Republic of Iran 2017 NY Slip Op 31876(U) September 6, 2017 Supreme Court, New York County Docket Number: 156937/2013 Judge: Kathryn E. Freed Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [*FILED: NEW YORK COUNTY CLERK 09/06/2017 12:33 PM 1] NYSCEF DOC. NO. 26 INDEX NO. 156937/2013 RECEIVED NYSCEF: 09/06/2017 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. KATHRYNE. FREED PART Justice 2 --- ----------------------------------------------------------------------------------X JENNY RUBIN, DEBORAH RUBIN, DANIEL MILLER, ABRAHAM MENDELSON, STUART HERSH, RENAY FRYM, NOAM ROZENMAN, ELENA ROZENMAN, TZVI ROZENMAN INDEX NO. MOTION DATE Plaintiffs, MOTION SEQ. NO. -vTHE ISLAMIC REPUBLIC OF IRAN, THE IRANIAN MINISTRY OF INFORMATION AND SECURITY, AYATOLLAH ALI HOSEIN! KHAMENEI, ALI AKBAR HASHEMl-RAFSANJANI, ALI FALLAHIAN-KHUZESTANI, 156937/2013 8/1/2017 001 DECISION AND ORDER Defendants. ----------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number 14, 15, 16, 17, 18, 19, 20, 21, 22,23,24,25 were read on this application to/for Judgment - Default In this action to renew certain judgments pursuant to CPLR 5014 (I), plaintiffs now move, by order to show cause, for leave to enter a default judgment. Plaintiffs' papers have successfully established "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 R.!N.J Servs. Inc., 89 AD3d 649, 651 (2d Dept 2011); see CPLR 3215 (a). They are thus entitled to a default judgment and renewal of their judgments against defendants. Accordingly, it is hereby: 156937/2013 RUBIN, JENNY vs. ISLAMIC REPUBLIC OF IRAN Motion No. 001 1 of 4 Page 1of4 [*FILED: NEW YORK COUNTY CLERK 09/06/2017 12:33 PM 2] NYSCEF DOC. NO. 26 INDEX NO. 156937/2013 RECEIVED NYSCEF: 09/06/2017 ORDERED that plaintiffs' motion for a default judgment against defendants is granted, and plaintiffs are entitled to renewal of the judgments reflected in the Judgement Docket Control numbers 001792034-01 through 001792034-99; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Jenny Rubin against all defendants, jointly and severally, for compensatory damages in the amount of $7 million, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Daniel Miller against all defendants, jointly and severally, for compensatory damages in the amount of $12 million, together with interest at the statutory rate from September I 0, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Abraham Mendelson against all defendants, jointly and severally, for compensatory damages in the amount of $12 million, together with interest at the statutory rate from September I 0, 2003; and it is further ORDERED that the Clerk is directea to enter a renewal judgment in favor of plaintiff Stuart Hersh against all defendants, jointly and severally, for compensatory damages in the 156937/2013 RUBIN, JENNY vs. ISLAMIC REPUBLIC OF IRAN Motion No. 001 2 of 4 Page 2 of 4 [*FILED: NEW YORK COUNTY CLERK 09/06/2017 12:33 PM 3] NYSCEF DOC. NO. 26 INDEX NO. 156937/2013 RECEIVED NYSCEF: 09/06/2017 amount of $12 mi Ilion, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Noam Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $15 million, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Deborah Rubin against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Renay Frym against all defendants, jointly and severally, for compensatory damages in the amount of $6 million, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Elena Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further 156937/2013 RUBIN, JENNY vs. ISLAMIC REPUBLIC OF IRAN Motion No. 001 3 of 4 Page 3 of4 [*FILED: NEW YORK COUNTY CLERK 09/06/2017 12:33 PM 4] NYSCEF DOC. NO. 26 INDEX NO. 156937/2013 RECEIVED NYSCEF: 09/06/2017 ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Tzvi Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further ORDERED that the Clerk is directed to enter a renewal judgment in favor of all plaintiffs against all defendants, jointly and severally, for punitive damages in the amount of $37 million, together with interest at the statutory rate from September 10, 2003. This constitutes the decision and order of the court. 9/6/2017 DATE CHECK ONE: CASE DISPOSED GRANTED APPLICATION: DENIED SETTLE ORDER CHECK IF APPROPRIATE: D NON-FINAL DISPOSITION DO NOT POST 156~37/2013 RUBIN, JENNY vs. ISLAMIC REPUBLIC OF IRAN Motron No. 001 4 of 4 Fl GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 4 of 4

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