Vasquez v Global Constr. Mgt., LLC

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Vasquez v Global Constr. Mgt., LLC 2018 NY Slip Op 31070(U) May 29, 2018 Supreme Court, New York County Docket Number: 150272/2018 Judge: Kathryn E. Freed Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] INDEX NO. 150272/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/04/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. KATHRYNE. FREED IAS MOTION 2 INDEX NO. 150272/2018 Justice ----------------------------------------------------------------------------X MIREYA VASQUEZ, MOTION DATE 05/14/2018 Plaintiff, MOTION SEQ. NO. 001 -vGLOBAL CONSTRUCTION MANAGEMENT, LLC,NEW YORK HE TRADING LLC DECISION AND ORDER Defendant. ----------------------------------------------------------------------------X 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). 1 Service was effectuated on defendant Global Construction Management, LLC, by service its place of business 1 All references are to the documents filed with NYSCEF in connection with this matter. 15027212018 VASQUEZ, MIREYA vs. GLOBAL CONSTRUCTION Motion No. 001 1 of 4 Page 1 of4 [* 2] INDEX NO. 150272/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/04/2018 at 1855 Westchester Avenue, Bronx, The complaint was verified by plaintiff on or about November 6, 2017. (Docs No. 1 and 11 ). New York, 104 72, 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). Plaintiffs 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). 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. 150272/2018 VASQUEZ, MIREYA vs. GLOBAL CONSTRUCTION Motion No. 001 ' 2 of 4 Page 2 of 4 [* 3] INDEX NO. 150272/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/04/2018 Plaintiff has therefore established the facts constituting the claim and plaintiff s entitled to a default judgment against defendant Global Construction 1 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, 150272/2018 VASQUEZ, MIREYA vs. GLOBAL CONSTRUCTION Motion No. 001 3 of 4 Page 3 of 4 [* 4] INDEX NO. 150272/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/04/2018 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 CHECK ONE: CASE DISPOSED GRANTED D § NO • INAL DISPOSITION DEN!ED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN GRANTED IN PART SUBMIT ORDER 150272/2018 VASQUEZ, MIREYA vs. GLOBAL CONSTRUCTION Motion No. 001 4 of 4 . FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 4 of 4

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