New Page Trust v Torati

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New Page Trust v Torati 2020 NY Slip Op 32390(U) July 21, 2020 Supreme Court, New York County Docket Number: 653171/2019 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. [*FILED: 1] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM NYSCEF DOC. NO. 50 INDEX NO. 653171/2019 RECEIVED NYSCEF: 07/21/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY lAS MOTION 59EFM PART HaN. DEBRA A. JAMES PRESENT: Justice ______________________________________________________----------------- X NEW PAGE TRUST and SHLOMO SELA INDIVIDUALLY AND AS TRUSTEE OF NEW PAGE TRUST, INDEX NO. 653171/2019 MOTION DATE J 1/27/2019 MOTION SEQ. NO. Plaintiffs, 001 -vHEZI TORATI and AAD PARTNERS, INC. D/B/A AMEREVISION AND THE AAD GROUP, SKYGATE 010 LLC DECISION + ORDER ON MOTION Defendants. ---------------------------------------------------------------------------The following e-filed documents, 28,29,30,31,32,33,34,35,36, X listed by NYSCEF document number (Motion 001) 23, 24, 25, 26, 27, 37, 38,39,42,43,44,45,46,47,48 were read on this motion for JUDGMENT - DEFAULT ORDER ,Upon the foregoing ORDERED is GRANTED; that the plaintiffs' that defendants' and an inquest the defendants determine; that November a default judgment Torati, for a default cross-motion for an assessment is referred on connection motion judgment to a Special to vacate of damages Referee the default against to hear and and it is further ORDERED court it is and it is further ORDERED is DENIED documents, this therewith AAD matter 27, 2019, having on motion and the plaintiffs Inc. 653171/2019 NEW PAGE TRUST vs. TORATI, Motion No. 001 and of having by Joseph Schwartz, Partners, come Skygate on the been before plaintiffs for represented Esq., the defendants 010, this LLC, having in Hezl been Page 1 of 6 HEZI 1 of 6 [*FILED: 2] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/21/2020 represented in connection and the 010, having defendants pursuant to the shall of Referee (1) or having damages is it is hereby of damages Skygate appearing its and, own to motion determine triable and not now hereby Officer to determine Esq., and of a referee involved, are on separately Hearing be designated Inc. otherwise appointment of which AAD Partners, court a Judicial fact, for the by jury by William, John Fallon, answering the issue ORDEREDthat issues in consider a trial Referee Torati, CPLR 4317, follows, requiring therewith Hezl defaulted to determined as INDEX NO. 653171/2019 the ("JHO") following submitted to or Special individual the JHO/Special such purpose: an assessment causes Hezl of action Torati, of on the the first, complaint AAD Partners, Inc. second, against and fourth defendants Skygate 010, LLC; and (2) an assessment causes Hezl of is ORDERED that be limited otherwise beyond Clerk the complaint AAD Partners, the powers the and it this VS. of the limitations is matter (Room 119, 653171/2019 NEW PAGE TRUST Motion No. 001 of Inc. sixth, and seventh against defendants and Skygate 010, LLC; Referee shall not further indicated; ORDEREDthat Referee action Torati, and it of damages on the fifth, JHO/Special set forth in the referred to CPLR unless further is hereby 646-386-3028 TORATI, HEZI or the Special spref@nycourts.gov) Page 2 of 6 2 of 6 for [*FILED: 3] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM INDEX NO. 653171/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/21/2020 , placement Special at the earliest Referees Part Rules of that Part possible (Part SRP), this which, (which are posted at www. nycourts. gov /supctmanh assign date upon the calendar matter at the on the website at the initial in accordance "References" appearance with the of this court link to of the an ), shall available /" JHO/Special Referee to determine as specified above; and it is further ORDERED that counsel shall and counsel for plaintiffs this Order, submit immediately shall, within to the Special consult 15 days from the date of Referee Clerk 9186) or e-mail, with proof of service by regular upon Bar defendants corporate defendants (accessible containing soon as advise at all the the pract~cal Inc. and last known address[es], "References" information link called thereafter, the for therein Referee for by regular for the appearance Special Referees ORDERED of the matter and Sheet website) that, as Clerk shall defendant Edwin first class mail to address [es], upon such of the the calendar date of the Part; and it is further that the parties, appear for the reference evidence known at each court's Special defendants fixed Corp. the Batiz, and the corporate last (212-401- first class mail on counsel defendants' by fax an Information plaintiff, corporate for Zoe Realty the such counsel 13, one another, hearing, they seek to present, 653171/2019 NEW PAGE TRUST Motion No. 001 VS. accompanied including by their counsel, with all witnesses and shall be ready to proceed TORATI, HEZI shall and with Page 3 of 6 3 of 6 [*FILED: 4] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM INDEX NO. 653171/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/21/2020 the hearing, the initial on the date appearance fixed by the Special in the Special Referee Referees Clerk Part, subject only to any adjournment that may be authorized Part in accordance with the Rules of that Part; and it is further ORDERED JHO/Special specified that, except above shall proceed accordingly; website) that counsel by filing Filing System is directed at and JHO/Special Referee or other documents in accordance "Referencesu the to enter without link that pursuant judgment Hezl Torati, Rules); on the Electronic to CPLR 32l5(b), Partners, Inc. court's and it is further in favor of plaintiffs AAD with and the Special same with the New York State Courts and ADJUDGED in accordance Referee, shall file memoranda (see Rule 2 of the Uniform the defendants LLC, assigned and those of their witnesses Rules of the Judicial Hearing Officers (available ORDERED the from day to day until completion their schedules to the assigned Referees by and it is further ORDERED the Uniform directed Referees Referee for good cause shown, the trial of the issue(s) counsel must arrange directed as otherwise by the Special for and the Clerk and against Skygate with the Report of the aforementioned 010, Special any further application. DECISION The parties defendants' executed two stipulations time to answer pursuant the right to raise jurisdictional 653171/2019 NEW PAGE TRUST vs. TORATI, HEZI to which defendants defenses. 4 of 6 extending waived Defendants' Page 4 of 6 [*FILED: 5] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM NYSCEF DOC. NO. 50 INDEX NO. 653171/2019 RECEIVED NYSCEF: 07/21/2020 proffered excuses not address for the failure to timely the matter of such extensions, submit an answer and therefore do are not justifiable. With respect affidavit in opposition cross-motion argues to a meritorious admits to the motion defendants plaintiffs and in support damages made to plaintiff. issue, do not constitute a meritorious See LePatner but & with relate to a possible to the transaction defense Assoc. of This court concurs and since they are unrelated CPLR 5015 (a) (1). of their are less than the offset that such factual allegations counterclaim, defendants' that the "sale never went through" that plaintiff's payments defense, as required at by v Horowitz, '81 AD3d 472 (1st Dept. 2 a 11) . On the other hand, plaintiffs service of the summons Torati, AAD Partners, have further affidavit and complaint a complaint, of facts, as plaintiffs VS. TORATI, proof upon defendants Inc. and Skygate submitted 653171/2019 NEW PAGE TRUST Motion No. 001 have submitted 010, LLC. Hezl Plaintiffs which constitutes verified of an such pleading. Page 5 of 6 HEZI 5 of 6 [*FILED: 6] NEW YORK COUNTY CLERK 07/21/2020 04:50 PM NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/21/2020 Plaintiffs have also submitted of the summons required the instant motion, default. INDEX NO. 653171/2019 mailings by CPLR 3215 (g) (4) by way of service which Therefore, proof of the additional is brought plaintiffs within of one year of the are entitled to a judgment of defaul t. '1 r't iJ 07/21/2020 DATE DE \ CHECK ONE: CASE DISPOSED X GRANTED APPLICATION: SETTLE CHECK IF APPROPRIATE: INCLUDES ~ D NON.FINAL DENIED GRANTED ORDER RA DISPOSITION IN PART SUBMIT ORDER TRANSFER/REASSIGN 653171/2019 NEW PAGE TRUST vs. TORATI, HEZI Motion No. 001 ~ . FIDUCIARY e»$ 9•••. . J MES, J. .C. APPOINTMENT D D OTHER REFERENCE Page 6 of 6 6 of 6

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