Chubb Nat. Ins. Co. v SBP N.Y. LLC

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Chubb Nat. Ins. Co. v SBP N.Y. LLC 2023 NY Slip Op 31545(U) May 5, 2023 Supreme Court, New York County Docket Number: Index No. 155690/2019 Judge: Sabrina Kraus 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. 155690/2019 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 05/08/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. SABRINA KRAUS 57TR Justice -------------------------------------------------------------------------X CHUBB NATIONAL INSURANCE COMPANY AS SUBROGEE OF SANDIS HOLDINGS LLC,PACIFIC EMPLOYERS INSURANCE COMPANY AS SUBROGEE OF REHAN AND JAHANAZ JAFFER, EXECUTIVE RISK INDEMNITY INC. AS SUBROGEE OF ALEXANDER ROEPERS, INDEX NO. MOTION DATE 155690/2019 05/04/2023 MOTION SEQ. NO. _ ___;0c..::0..c:_5_ _ Plaintiff, - V - SBP NEW YORK LLC,S.T.H. PAINTING INC.,RAEL AUTOMATIC SPRINKLER COMPANY, INC.,REN INTERIORS, LLC, DECISION + ORDER ON MOTION Defendant. -------------------------------------------------------X Third-Party Index No. 595339/2021 S.T.H. PAINTING INC. Plaintiff, -againstFRESCO DECORATIVE PAINTING, INC. Defendant. ---------------------------------------------------------X Second Third-Party Index No. 595907/2022 S.T.H. PAINTING INC. Plaintiff, -againstTRZASKA CONSTRUCTION CORP. Defendant. ------------------------·-------------------------X Third Third-Party Index No. 595356/2023 SBP NEW YORK LLC Plaintiff, -against- 155690/2019 CHUBB NATIONAL INSURANCE vs. SBP NEW YORK LLC Motion No. 005 [* 1] 1 of 4 Page 1 of 4 INDEX NO. 155690/2019 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 05/08/2023 I.J. PEISER'S SONS, INC. Defendant. -------------·------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 005) 91, 92, 93, 94, 95, 96, 97, 98, 99 were read on this motion to/for JUDGMENT - DEFAULT Plaintiff commenced this action seeking reimbursement for sums paid out to Plaintiffs subrogors as the result of a fire which occurred on April 1, 2018, in the Penthouse of 432 Park Avenue, New York, NY. Defendant/Second Third - Party Plaintiff STH Painting, Inc., filed a Second Third Party action as against Trzaska Construction Corp on November 14, 2022, alleging that Trzaska, its employees and/or agents, were performing work, in the Penthouse prior to April 1, 2018, and were responsible for trash removal in the Penthouse prior to April 1, 2018. Defendant/Second Third-Party Plaintiff, STH, asserts if it is held liable to Plaintiff, in any respect, such liability will be due solely to the negligence and general failure of Trzaska in not removing trash or improperly directing, controlling, and supervising the ongoing work in the Penthouse prior to April 1, 2018. The affidavit of service indicates service on the Secretary of State of the state of New York on January 4, 2023. Trzaska has failed to appear or file an answer and the time in which to do so has not been extended. On April 28, 2023, Defendant/Second Third-Party Plaintiff S.T.H. Painting, Inc. moved for a default judgment pursuant to C.P.L.R. § 3215(a), as against Trzaska. Trzaska has failed to appear or submit opposition. 155690/2019 CHUBB NATIONAL INSURANCE vs. SBP NEW YORK LLC Motion No. 005 [* 2] 2 of 4 Page 2 of 4 INDEX NO. 155690/2019 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 05/08/2023 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 [it]." "On 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). In support of the motion, Defendant/Second Third-Party Plaintiff submits the affirmation of Stephanie B. Gitnik, Esq.; a copy of the initial summons and complaint; answer by Defendant/Second Third-Party Plaintiff; amended complaint and amended answer; affidavit of Jovanny Narvaez, owner of STH Painting Inc; copy of the Second Third Party summons and complain and affidavit of service of the same; and a good faith letter to Trzaska. Plaintiff has established prima facie entitlement to a default judgment as to Trzaska Construction Corp Wherefore, it is hereby ORDERED that plaintiffs motion seeking a default judgment against Trzaska Construction Corp is granted; and it is further ORDERED damages are to be determined at trial; and it is further ORDERED that, within 20 days from entry of this order, movant shall serve a copy of this order with notice of entry on all parties and the Clerk of the General Clerk's Office (60 Centre Street, Room 119); and it is further 155690/2019 CHUBB NATIONAL INSURANCE vs. SBP NEW YORK LLC Motion No. 005 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 155690/2019 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 05/08/2023 ORDERED that such service upon the Clerk shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh). This constitutes the decision and order of the court. 5/5/2023 DATE CHECK ONE: NON-FINAL DISPOSITION CASE DISPOSED GRANTED DENIED APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 155690/2019 CHUBB NATIONAL INSURANCE vs. SBP NEW YORK LLC Motion No. 005 [* 4] GRANTED IN PART 4 of 4 OTHER REFERENCE Page 4 of 4

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