IPFS Corp. v Iron Lady Enters., Inc.

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IPFS Corp. v Iron Lady Enters., Inc. 2018 NY Slip Op 33321(U) December 19, 2018 Supreme Court, New York County Docket Number: 652460/2018 Judge: Debra A. James 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. INDEX NO. 652460/2018 [*[FILED: 1] NEW YORK COUNTY CLERK 12/21/2018 03:04 Pi RECEIVED NYSCEF: 12/21/2018 NYSCEF DOC. NO. 22 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: IAS MOTION 59EFM PART HON. DEBRA A. JAMES Justice --------------------------------------------------------------------------------X INDEX NO. IPFS CORPORATION, 652460/2018 12/11/2018 MOTION DATE Plaintiff, 001 MOTION SEQ. NO. -vIRON LADY ENTERPRISES, INC., THRUWAY INSURANCE BROKERAGE, INC., and ELBERT SHAMSIDEEN, DECISION AND ORDER Defendants. ---------------------------------------------------------------------------------X The following .e-filed documents, listed by NYSCEF document number (Motion 001) 2, 15, 16, 17, 18, 19 . JUDGMENT - SUMMARY IN LIEU OF were read on this motion to/for COMPLAINT ORDER Upon the foregoing documents, it is ORDERED that the plaintiff's motion for summary judgment in lieu of complaint is granted on default against defendants Iron Lady Enterprises, Inc. and Thruway Insurance Brokerage, Inc. only, and the Clerk of the Court is directed to enter judgment in favor of plaintiff and against defendants and Thruway Insurance Brokerage, Iron Lady Enterprises, Inc. Inc. on the judgment confirming an arbitration award on default in the State of Pennsylvania, Court of Common Pleas, in IPFS Corporation v Iron Lady Enterprises, Inc., Case ID 170502721 on February 22, 2018, in the sum of $25,152.72, with interest at the rate of 9. 9% per annum from the date of February 22, 2108, until the date of the decision on this motion, and thereafter at the statutory rate, as calculated by the Clerk, 652460/2018 IPFS CORPORATION vs. IRON LADY ENTERPRISES, INC. Motion No. 001 1 of 5 Page 1of5 [*[FILED: 2] NEW YORK COUNTY CLERK 12/21/2018 03:04 INDEX NO. 652460/2018 P~ NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/21/2018 together with costs and disbursements as taxed by the Clerk upon submission of an appropriate bill of costs; and it is further ORDERED that the action and such judgment against Iron Lady Enterprises, Inc. and Thruway Insurance Brokerage, . Inc. lS severed, and the Clerk shall enter judgment thereon, and the action shall continue against defendant Elbert Shamsideen, . and it lS further . ORDERED that the plaintiff's motion for summary judgment in . lieu of complaint against defendant Elbert Shamsideen is held in abeyance; and it is further ORDERED that this matter having come on before this court on December 11, 2018, on the motion for summary judgment in lieu of appeared complaint by Sara of the plaintiff, M. Lewis, and Esq., and the the plaintiff having defendant Elbert Shamsideen having appeared pro se, and, pursuant to CPLR 4212, the court having on its own motion determined appointment of a referee to hear and report, the court that ORDERED that to consider the and it appearing to an appointment is appropriate, it is now hereby a Judicial Hearing Officer ( "JHO") or Special Referee shall be designated to hear and report to this court on the following individual issues of fact, which are hereby submitted to the JHO/Special Referee for such purpose: ( 1) the issue of whether personal jurisdiction was conferred over the individual defendant in the State of Pennsylvania Court 652460/2018 IPFS CORPORATION vs. IRON LADY ENTERPRISES INC Motion No. 001 ' ยท 2 of 5 Page 2 of 5 [*[FILED: 3] NEW YORK COUNTY CLERK 12/21/2018 03:04 PM INDEX NO. 652460/2018 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/21/2018 of Common Pleas, in IPFS Corporation v Iron Lady Enterprises, Inc., Case ID 170502721; and it is further ORDERED that the powers of the JHO/Special Referee shall not be limited beyond the limitations set forth in the CPLR unless otherwise indicated, and it is further ORDERED that Referee Clerk this matter (Room 119, I lS hereby referred to the Special 646-386-3028 or spref@nycourts.gov) for placement at the earliest possible date upon the calendar of the Special Referees Part Rules of that Part (Part SRP), which, in accordance with the (which are posted on the website of this court at www.nycourts.gov/supctmanh at the "References" link assign this matter at the initial appearance to an ), shall available JHO/Special Referee to hear and report as specified above; and it is further ORDERED that counsel shall immediately consult one another and counsel for plaintiff /petitioner shall, date of this Order, (212-401-9186) "References" information within 15 days submit to the Special Referee Clerk by fax or e-mail an Information Sheet link called from the on for the court's therein and website) that, (accessible at the containing as soon as all the practical thereafter, the Special Referee Clerk shall advise counsel for the parties of the date fixed for the appearance of the matter upon the calendar of the Special Referees Part; and it is further 652460/2018 IPFS CORPORATION vs. IRON LADY ENTERPRISES, INC. Motion No. 001 3 of 5 Page 3of5 INDEX NO. 652460/2018 [*[FILED: 4] NEW YORK COUNTY CLERK 12/21/2018 03:04 Pi RECEIVED NYSCEF: 12/21/2018 NYSCEF DOC. NO. 22 ORDERED that the parties shall appear for the reference hearing, including with all witnesses and evidence they seek to present, and shall be ready to proceed with the hearing, on the date fixed by the Special Referee Clerk for the initial appearance in the Special Referees Part, subject only to any adjournment that may be authorized by the Special Referees Part in accordance with the Rules of that Part; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Special Referee for good cause shown, the trial of the issue(s) specified above shall proceed from day to day until completion and counsel must arrange their schedules and those of their witnesses accordingly; and it is further ORDERED that any motion to confirm or disaf firm the Report of the JHO/Special Referee shall be made within the time and in the manner specified in CPLR 4403 and Section 202.44 of the Uniform Rules for the Trial Courts; and it is further ORDERED that, unless otherwise directed by this court in any Order that may be issued together with this Order of Reference to Hear and Report, the issues presented in any motion identified in third paragraph hereof shall be held in abeyance pending submission of the Report of the JHO/Special Referee and the determination of this court thereon, and it is further 652~60/2018 IPFS CORPORATION vs. IRON LADY ENTERPRISES INC. Motion No. 001 ' 4 of 5 Page 4 of 5 [*[FILED: 5] NEW YORK COUNTY CLERK 12/21/2018 03:04 PM INDEX NO. 652460/2018 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/21/2018 ORDERED that the parties shall appear for oral argument on the motion to confirm or disaf firm the Report of the JHO/Special Referee on March 5, 2019, 2:30 PM. DECISION Defendant Elbert Shamsideen, who is not an attorney, may not represent the corporate defendants, which must appear by attorney pursuant to CPLR 321(a), and thus relief is granted against such defendants on default. Plaintiff's counsel contends that defendant Shamsideen consented to the jurisdiction of the Pennsylvania court, but this court finds no such consent annexed to plaintiff's supporting papers. See C. Mahendra (N.Y.), LLC v National Gold & Diamond Center, (1st Dept. 2015). Inc., 125 AD3d 454 Nor does defendant Shamsideen's affidavit, wherein he states that at the time of service, his place of employment was no longer at the Yonkers address where process was made, establish that the Pennsylvania court had personal jurisdiction over him by consent or otherwise. Co. v Country Wide Insurance Co., 166 AD3d 61 12/19/2018 DATE CHECK ONE: DE CASE DISPOSED GRANTED D DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN (1st Dept. 2018). AK. JAMES,i.s.C. X NON-FINAL DISPOSITION x GRANTED IN PART -- 652460/2018 IPFS CORPORATION vs. IRON LADY ENTERPRISES, INC. Motion No. 001 5 of 5 See Repwest Ins. SUBMIT ORDER FIDUCIARY APPOINTMENT D 0 OTHER REFERENCE Page 5 of 5