Infinity Consulting Solutions Inc. v Iuzeit, Inc.

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Infinity Consulting Solutions Inc. v Iuzeit, Inc. 2022 NY Slip Op 33454(U) October 11, 2022 Supreme Court, New York County Docket Number: Index No. 650974/2021 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. 650974/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA JAMES 59 Justice ----------------------------------------------------------------- ----------------X INFINITY CONSULTING SOLUTIONS INC., 650974/2021 INDEX NO. MOTION DATE Plaintiff, 04/15/2022 002 MOTION SEQ. NO. - V - DECISION + ORDER ON MOTION IUZEIT, INC., Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 15, 16, 17, 18, 19, 20,21,22 JUDGMENT - DEFAULT were read on this motion to/for ORDER ORDERED that the motion of plaintiff Infinity Consulting Solutions Inc. for a default judgment against defendant Iuzeit, Inc. (motion sequence no. 002) is granted, without opposition; and it is further ORDERED and ADJUDGED that, to the extent that plaintiff seeks attorney's fees and legal disbursements, such application is granted on default to the extent that the issue of reasonable attorney's fees and disbursements incurred by plaintiff and to be assessed against defendant Iuzeit, Inc. is severed and referred for determination pursuant CPLR 3215 (b) to a Special Referee, and that within sixty (60) days from the date of this Order, plaintiff shall cause a copy of this order with notice of entry, including proof of service thereof, to be filed with the 650974/2021 INFINITY CONSULTING vs. IUZEIT, INC. Motion No. 002 [* 1] Page 1 of4 1 of 4 INDEX NO. 650974/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2022 Special Referee clerk (Room 119M, 646-386-3028 or spref@courts.state.ny.us) to arrange a date for a reference to determine pursuant to CPLR 4317(b); and it is further ORDERED and ADJUDGED that pursuant to CPLR 3215 (b) the Clerk is directed to enter judgment in the amount of reasonable attorney's fees and legal disbursements, in favor of plaintiff INFINITY CONSULTING SOLUTIONS INC. and against defendant IUZEIT, INC., in accordance with the report of the aforementioned Special Referee without any further application; and it is further ORDERED and ADJUDGED that the Clerk of the Court is directed to enter judgment, in favor of plaintiff Infinity Consulting Solutions Inc. and against defendant Iuzeit, Inc., in the sum of$ 19,950, plus interest at the statutory rate, from June 10, 2020, until entry of this Order, in the amount of $- - - - - - - , together with costs and disbursements as taxed by the Clerk upon submission of an appropriate bill of costs. DECISION In this action for an account stated, plaintiff Infinity Consulting Solutions Inc. seeks to recover permanent employment placement fees, accrued past due interest and attorneys' fees and costs. Plaintiff moves for a default judgment pursuant to CPLR 3215, based upon the failure of defendant Iuzeit, Inc. to answer or appear. Plaintiff's motion is unopposed. 650974/2021 INFINITY CONSULTING vs. IUZEIT, INC. Motion No. 002 [* 2] Page 2 of 4 2 of 4 INDEX NO. 650974/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2022 On a motion for a default judgment pursuant to CPLR 3215, the moving party must submit proof of service of the summons and complaint, proof of the facts constituting the cause of action, and proof of the defaulting party's failure to appear (see CPLR 3215[f]; Oak Hollow Nursing Ctr. v Stumbo, 117 AD3d 698, [2d Dept 2014]). 698-699 The moving party must also seek a default judgment within one year, which is measured from defendant's default in responding to the complaint. (see CPLR 3215[c]; MTGLQ Invs., L.P. v Shay, 190 AD3d 527, 528 [1st Dept 2021]). The affidavit of service sworn to on March 2, 2021, and filed with the court on March 8, 2021, reflects that plaintiff served defendant with process pursuant to CPLR 311[a] (1) by personally delivering, in the State of Deleware, the summons, complaint and notice of electronic filing to Stephanie Frazer, a managing agent for the defendant on February 25, 2021. Defendant had thirty days, or until March 26, 2021 to appear or answer. The instant motion is therefore timely as it was served upon the defendant and filed with the court on March 24, 2022, less than one year after defendant's default. Plaintiff also submits the affidavit of Douglas Klares, a principal of plaintiff, with accompanying exhibits, including an invoice (statement of account), setting forth the underlying facts of its causes of action as required by CPLR 3215 (f). 650974/2021 INFINITY CONSULTING vs. IUZEIT, INC. Motion No. 002 [* 3] Page 3 of 4 3 of 4 INDEX NO. 650974/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/11/2022 (NYSCEF Doc No 16). Accordingly, plaintiff is entitled to the judgment it seeks. .v-~ .d-} ~ 20221011194025DJAMESB1871E4C289B410AA460CESAA96F47DB 10/11/2022 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: DEBRA A. JAMES, J.S.C. ~ CASE DISPOSED GRANTED SETTLE ORDER • DENIED INCLUDES TRANSFER/REASSIGN 650974/2021 INFINITY CONSULTING vs. lUZEIT, INC. Motion No. 002 [* 4] ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT • 0 OTHER REFERENCE Page 4 of 4 4 of 4

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