Berkley Regional Ins. Co. v 40-15 27th St. LLC

Annotate this Case

Download PDF

Berkley Regional Ins. Co. v 40-15 27th St. LLC 2021 NY Slip Op 30344(U) February 5, 2021 Supreme Court, New York County Docket Number: 651799/2019 Judge: Andrew Borrok 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. 651799/2019 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 02/05/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ANDREW BORROK IAS MOTION 53EFM Justice ---------------------------------------------------------------------------------x INDEX NO. BERKLEY REGIONAL INSURANCE COMPANY, BERKLEY INSURANCE COMPANY, MOTION DATE 651799/2019 01/04/2021 MOTION SEQ. NO. Plaintiff, 003 -v40-15 27TH STREET LLC,COSTAS KATSIFAS, CHRISTOPHER VARDAROS, 38-30 28TH STREET, LLC,CHRISTINA KATSIFAS, DESPINA VLACHOS DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------x The following e-filed documents, listed by NYSCEF document number (Motion 003) 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177 were read on this motion to/for JUDGMENT - DEFAULT Berkley Regional Insurance Company and Berkley Insurance Company's (collectively, the Plaintiffs) commenced this action on March 27, 2019. Despina Vlachos a/k/a Despina Vardaros and the other defendants filed an answer on May 8, 2019. Pursuant to decision and order, dated January 27, 2020, the court granted summary judgment against 40-15 27th Street, LLC, 38-30 28th Street, LLC, Costas Katsifas, and Christopher Vardaros (NYSCEF Doc. No. 128). Summary judgment was denied as against Christina Katsifas and Ms. Vlachos because there remained an issue of fact as to whether a certain notice of termination (the Notice of Termination) was properly served on the Plaintiffs (id. at 10). Pursuant to a So-Ordered Stipulation dated July 22, 2020, Ms. Vlachos was to respond to all document demands and interrogatories on or before September 16, 2020 (NYSCEF Doc. No. 651799/2019 BERKLEY REGIONAL INSURANCE vs. 40-15 27TH STREET LLC Motion No. 003 1 of 4 Page 1of4 [* 2] INDEX NO. 651799/2019 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 02/05/2021 143). On August 10, 2020, the Plaintiffs served Ms. Vlachos with a Notice of Discovery and Inspection but she did not respond (NYSCEF Doc. No. 167, iJ 10). On August 26, 2020, the defendants' counsel filed a motion to withdraw that was not opposed by Ms. Vlachos (see Seq. No. 002). Pursuant to a decision and order dated September 23, 2020, the defendants' counsel was relieved and he was directed to forward a notice directing his former clients, including Ms. Vlachos, to appoint a substitute attorney within 30 days of the mailing of that notice, otherwise the individual defendant would notify the part clerk within 30 days if she wished to represent herself (NYSCEF Doc. No. 157). Ms. Vlachos failed to appear either pro se or by counsel at the subsequent status conferences on November 9, 2020 and December 3, 2020 (NYSCEF Doc. Nos. 161, 163). As a result, the court granted the Plaintiffs' permission to move for all appropriate relief against Ms. Vlachos (id.). The Plaintiffs filed the instant motion on January 4, 2021. Ms. Vlachos did not respond. Accordingly, the Plaintiffs' motion to strike the answer of Ms. Vlachos and for default judgment pursuant to CPLR § 3215 is granted as unopposed. There is an alleged default, affidavit of merit, proper service, and Ms. Vlachos has received at least 5 days notice of the time and place of the motion for default judgment. 651799/2019 BERKLEY REGIONAL INSURANCE vs. 40-15 27TH STREET LLC Motion No. 003 2 of 4 Page 2 of 4 [* 3] INDEX NO. 651799/2019 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 02/05/2021 Accordingly, it is ORDERED that the Plaintiffs' motion to strike and motion for default judgment is granted as unopposed; and it is further ORDERED that it is deemed resolved that the Notice of Termination was not properly served on Plaintiffs by Ms. Vlachos; and it is further ORDERED that Ms. Vlachos is hereby prohibited from further supporting her claims regarding the Notice of Termination; and it is further ORDERED that the answer and affirmative defenses of Ms. Vlachos are hereby struck; and is further ORDERED that the Clerk is directed to enter judgment in favor of Berkley Regional Insurance Company and Berkley Insurance Company and against Despina Vlachos a/k/a Despina Vardaros for contractual indemnification in the amount of $2,056,930.50, plus statutory interest of 9% from the date of each bond loss payment until the date of entry of judgment, plus statutory interest of 9% per annum from the date of entry of judgment, plus costs and disbursements as allocated by the Clerk. The plaintiff shall have execution thereof; and it is further 651799/2019 BERKLEY REGIONAL INSURANCE vs. 40-15 27TH STREET LLC Motion No. 003 3 of 4 Page 3 of 4 [* 4] INDEX NO. 651799/2019 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 02/05/2021 ORDERED that Ms. Vlachos is directed to deposit collateral in the amount of$540,057.29 with Berkley Regional Insurance Company within thirty (30) days of the date of the decision and order. 2/5/2021 DATE CHECK ONE: ANDREW BORROK, J.S.C. CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 651799/2019 BERKLEY REGIONAL INSURANCE vs. 40-15 27TH STREET LLC Motion No. 003 4 of 4 D D OTHER REFERENCE Page 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.