Triborough Bridge and Tunnel Auth. v Curtis

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Triborough Bridge and Tunnel Auth. v Curtis 2017 NY Slip Op 32177(U) October 12, 2017 Supreme Court, New York County Docket Number: 451570/2016 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 10/16/2017 03:18 PM 1] NYSCEF DOC. NO. 11 INDEX NO. 451570/2016 RECEIVED NYSCEF: 10/16/2017 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. KATHRYNE. FREED 2 --- Justice ---------------------------------------------------------------------------X THE TRI BOROUGH BRIDGE AND TUNNEL AUTHORITY INDEX NO. 451570/2016 Plaintiff, MOTION DATE -vMOTION SEQ. NO. MARIA CURTIS, 001 Defendant. DECISION AND ORDER -------------------------------------~---------------------------------------X The following e-filed documents, listed by NYSCEF document number 5, 6, 7, 8, 9, 10 were read on this motion to/for DEFAULT JUDGMENT Upon the foregoing documents, it is ordered that the motion is granted. This action is brought by the Triborough Bridge and Tunnel Authority ("TBT A") against defendant Maria Curtis to collect unpaid tolls, violations and late fees under the Public Authorities Law and TBT A Regulations. Plaintiff alleges that defendant, as the owner of a vehicle or vehicles which crossed the Henry Hudson Bridge, a bridge in New York City under the TBT A's jurisdiction, committed 825 separate toll violations from May 4, 2011 until January 19, 2016 by crossing the said bridge with an invalid E-Z Pass tag, and failed to make timely payments in response to the toll invoices sent to her under the TBTA's Tolls by Mail program. As a result, the TBTA alleges that defendant owes it a total of $45,622.50, consisting of $4,292.50 in unpaid tolls and $41,330.00 in unpaid administrative fees. 1 of 4 [*FILED: NEW YORK COUNTY CLERK 10/16/2017 03:18 PM 2] NYSCEF DOC. NO. 11 INDEX NO. 451570/2016 RECEIVED NYSCEF: 10/16/2017 Plaintiff annexes to its motion a copy of the Summons and Verified Complaint with an Affidavit of Service (NYSCEF Docs. Nos. 1and4). The complaint is verified by Julia R. Christ, Deputy General Counsel for the TBT A. Id. Also annexed to the Summons and Verified Complaint is a copy of the TBTA's "Violation Citation Detail" sheets listing every date on which defendant's vehicle crossed the Henry Hudson Bridge without paying the toll. Id. The instant motion for a default judgment was filed on or about August 1, 2017. In support of the motion, plaintiff submits, inter alia, an Affidavit of Non-Military Service and an Affidavit of a second mailing of the Summons and Verified Complaint pursuant to CPLR 3215. In an Affirmation in Support, sworn to on July 19, 2017, plaintiff, through its attorney, Michael N. Zeleznock, Esq., an associate of the Law Offices of Peter C. Merani, P.C., avers that defendant's time to answer the Complaint has expired and defendant has not appeared or pleaded thereunder. Plaintiff therefore urges that it is entitled to a default judgment pursuant to CPLR 3215. Conclusions of Law: 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 cor.stituting the claim, and proof of the defaulting party's default in answering or appearing." Atlantic Cas. Ins. Co. v RJN.J Servs. Inc., 89 AD3d 649, 651 (2d Dept 2011 ). Moreover, a default in answering the complaint is deemed to be an admission of all factual statements contained in the complaint 2 2 of 4 [*FILED: NEW YORK COUNTY CLERK 10/16/2017 03:18 PM 3] NYSCEF DOC. NO. 11 INDEX NO. 451570/2016 RECEIVED NYSCEF: 10/16/2017 and all reasonable inferences that flow from them. See Woodson v Mendon Leasing Corp., 100 NY2d 63 (2003). In the case at bar, the TBT A has submitted an affidavit of service establishing that defendant was served with the Summons and Verified Complaint. The TBT A also established that it served defendant with an additional copy of the Summons and Verified Complaint pursuant to CPLR 3215 and that defendant was not in the military. The Verified Complaint sets forth the facts constituting the claim and the affirmation of the TBT A's attorney establishes that defendant has defaulted. Therefore, the TBT A has established that it is entitled to a judgment against defendant in the total sum of $45,622.50, the amount demanded in this action. Therefore, in accordance with the foregoing, it is hereby: ORDERED that the motion by plaintiff Triborough Bridge and Tunnel Authority for a default judgment against defendant Maria Curtis is granted in the amount of $45,622.50; and it is further, ORDERED that the Clerk is directed to enter judgment in favor of plaintiff Tri borough Bridge and Tunnel Authority and against defendant Maria Curtis in the amount of $45,622.50; and it is further 3 of 4 [*FILED: NEW YORK COUNTY CLERK 10/16/2017 03:18 PM 4] NYSCEF DOC. NO. 11 INDEX NO. 451570/2016 RECEIVED NYSCEF: 10/16/2017 ORDERED that plaintiff Triborough Bridge and Tunnel Authority shall serve a copy of this order on defendant Maria Curtis, and on the Trial Support Office at 60 Centre Street (Room 158); and it is further, ORDERED that this constitutes the decision and order of this Court. 10/12/2017 DATE CHECK ONE: CASE DISPOSED GRANTED APPLICATION: DENIED SETILEORDER CHECK IF APPROPRIATE: D DO NOT POST 4 of 4 ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT D OTHER D REFERENCE

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