Preview
FILED: NEW YORK COUNTY CLERK 07/18/2018 04:36 PM INDEX NO. 650383/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
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CUSHMAN & WAKEFIELD, INC.,
Plaintiff,
-against- AFFIRMATION IN SUPPORT
OF APPLICATION FOR
LAWRENCE TANNENBAUM, DEFAULT JUDGMENT
Defendant.
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JONATHAN L. .BERKOWITZ, an attorney duly admitted to practice law in the Courts
of the State of New York, hereby affirms the following under CPLR §2106:
1. I am an attorney at law duly admitted to practice law before the Courts of the State of
New York. I am a partner of LEWIS BRISBOIS BISGAARD & SMITH, LLP, attorneys for
Plaintiff Cushman & Wakefield, Inc. ("CW") in the above-captioned action. This affirmation is
based on my own personal knowledge and the litigation filemaintained in my office.
2. I submit this Affirmation in Support of Plaintiff CW's application for a default judgment
against Defendant Lawrence Tannenbaum under CPLR §3215(a) in the principal amount of
$692,448.32, plus costs and disbursements aggregating $505.00, lawful interest from January 26,
2012, including, but not limited to, $237,685.26 in pre-judgment interest from January 26, 2012
to April 23, 2018 and post-judgment interest at a rate of 9 percent per annum upon entry of the
requested default judgment, and such other, further, and different relief as seems just and
equitable.
3. Under CPLR §3215(a), since Plaintiff CW's claims are for a sum certain or for a sum
which can by computation be made certain, it has applied to the Clerk for a default judgment
within one year of Defendant Tannenbaum's default.
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018
PROCEDURAL HISTORY
4. Plaintiff CW commenced this action by filing a Summons and Complaint on January 24,
2018. A copy of Plaintiff CW's Summons and Complaint is annexed as Exhibit A.
5. Plaintiff CW's Complaint asserts two causes of action against Defendant Tannenbaum
sounding in breach of contract and unjust enrichment.
6. Under the Complaint, Plaintiff CW alleges that in February 2009, itengaged Defendant
Tannenbaum as a real estate broker and that during his engagement, he received numerous
advances from CW in excess of $692,448.32, which he agreed to repay to CW in the event his
engagement as a broker for CW was terminated under the terms and conditions of written
agreements and a Promissory Note he executed for the Plaintiff's benefit. On January 26, 2012,
Defendant Tannenbaum's engagement as a CW real estate broker terminated. Upon said
termination, all outstanding advances made by Plaintiff CW to Defendant Tannenbaum under the
parties'
terms and conditions of the agreements became due and owing. However, Defendant
parties'
Tannenbaum breached his obligations under the agreements by failing and/or refusing to
repay those sums to Plaintiff CW.
7. On January 29, 2018, Plaintiff CW served Defendant Tannenbaum with its Summons and
Complaint with the annexed exhibits and a Notice of Commencement of Action Subject to
Mandatory Electronic Filing for Supreme Court cases under CPLR §308(2). A copy of Plaintiff
CW's Affidavit of Service is annexed as Exhibit B.
8. Defendant Tannenbaum failed to answer and/or appear in response to Plaintiff CW's
service of its Summons and Complaint.
9. On March 13, 2018, Plaintiff CW, by its counsel, served Defendant Tannenbaum with
additional notice under CPLR §3215(g)(3). A copy of Plaintiff CW's CPLR §3215(g)(3) notice
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018
is annexed as Exhibit C. As required under the statute, Plaintiff CW, by counsel, mailed a copy
of its Summons to Defendant Tannenbaum at his place of residence in an envelope bearing the
Confidential"
legend "Personal and and not indicating on the outside of the envelope that the
communication was from an attorney or concerned an alleged debt. The post office has not
"undeliverable."
returned the envelope as
10. Defendant Tannenbaum has not answered nor appeared in response to the additional
notice served by Plaintiff CW under CPLR §3215(g)(3).
11. A copy of Plaintiff CW's proposed Default Judgment is annexed as Exhibit D.
12. A copy of Plaintiff CW's proposed Bill of Costs and the corresponding Affirmation by
your affirmant are annexed as Exhibit E.
WHEREFORE, Plaintiff CW respectfully requests a defaultjudgment against Defendant
Tannenbaum under CPLR §3215(a) in the principal amount of $692,448.32, plus costs and
disbursements aggregating $505.00, lawful interest from January 26, 2012, including, but not
limited to, $237,685.26 in pre-judgment interest from January 26, 2012 to April 23, 2018 and
post-judgment interest at a rate of 9 percent per annum upon entry of the requested default
judgment, and such other, further, and different relief as seems just and equitable.
Dated: New York, New York
July 18, 2018
JON . ERKOWITZ
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Preview
FILED: NEW YORK COUNTY CLERK 07/18/2018 04:36 PM INDEX NO. 650383/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X -----------------------------------------------------------------X Index No.: 650383/18 CUSHMAN & WAKEFIELD, INC., Plaintiff, -against- AFFIRMATION IN SUPPORT OF APPLICATION FOR LAWRENCE TANNENBAUM, DEFAULT JUDGMENT Defendant. —————-- — -----------------------------------------------------------------X JONATHAN L. .BERKOWITZ, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms the following under CPLR §2106: 1. I am an attorney at law duly admitted to practice law before the Courts of the State of New York. I am a partner of LEWIS BRISBOIS BISGAARD & SMITH, LLP, attorneys for Plaintiff Cushman & Wakefield, Inc. ("CW") in the above-captioned action. This affirmation is based on my own personal knowledge and the litigation filemaintained in my office. 2. I submit this Affirmation in Support of Plaintiff CW's application for a default judgment against Defendant Lawrence Tannenbaum under CPLR §3215(a) in the principal amount of $692,448.32, plus costs and disbursements aggregating $505.00, lawful interest from January 26, 2012, including, but not limited to, $237,685.26 in pre-judgment interest from January 26, 2012 to April 23, 2018 and post-judgment interest at a rate of 9 percent per annum upon entry of the requested default judgment, and such other, further, and different relief as seems just and equitable. 3. Under CPLR §3215(a), since Plaintiff CW's claims are for a sum certain or for a sum which can by computation be made certain, it has applied to the Clerk for a default judgment within one year of Defendant Tannenbaum's default. 4846-5186-9538.1 I 1 of 3 FILED: NEW YORK COUNTY CLERK 07/18/2018 04:36 PM INDEX NO. 650383/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018 PROCEDURAL HISTORY 4. Plaintiff CW commenced this action by filing a Summons and Complaint on January 24, 2018. A copy of Plaintiff CW's Summons and Complaint is annexed as Exhibit A. 5. Plaintiff CW's Complaint asserts two causes of action against Defendant Tannenbaum sounding in breach of contract and unjust enrichment. 6. Under the Complaint, Plaintiff CW alleges that in February 2009, itengaged Defendant Tannenbaum as a real estate broker and that during his engagement, he received numerous advances from CW in excess of $692,448.32, which he agreed to repay to CW in the event his engagement as a broker for CW was terminated under the terms and conditions of written agreements and a Promissory Note he executed for the Plaintiff's benefit. On January 26, 2012, Defendant Tannenbaum's engagement as a CW real estate broker terminated. Upon said termination, all outstanding advances made by Plaintiff CW to Defendant Tannenbaum under the parties' terms and conditions of the agreements became due and owing. However, Defendant parties' Tannenbaum breached his obligations under the agreements by failing and/or refusing to repay those sums to Plaintiff CW. 7. On January 29, 2018, Plaintiff CW served Defendant Tannenbaum with its Summons and Complaint with the annexed exhibits and a Notice of Commencement of Action Subject to Mandatory Electronic Filing for Supreme Court cases under CPLR §308(2). A copy of Plaintiff CW's Affidavit of Service is annexed as Exhibit B. 8. Defendant Tannenbaum failed to answer and/or appear in response to Plaintiff CW's service of its Summons and Complaint. 9. On March 13, 2018, Plaintiff CW, by its counsel, served Defendant Tannenbaum with additional notice under CPLR §3215(g)(3). A copy of Plaintiff CW's CPLR §3215(g)(3) notice 4846-5186-9538.1 2 2 of 3 FILED: NEW YORK COUNTY CLERK 07/18/2018 04:36 PM INDEX NO. 650383/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/18/2018 is annexed as Exhibit C. As required under the statute, Plaintiff CW, by counsel, mailed a copy of its Summons to Defendant Tannenbaum at his place of residence in an envelope bearing the Confidential" legend "Personal and and not indicating on the outside of the envelope that the communication was from an attorney or concerned an alleged debt. The post office has not "undeliverable." returned the envelope as 10. Defendant Tannenbaum has not answered nor appeared in response to the additional notice served by Plaintiff CW under CPLR §3215(g)(3). 11. A copy of Plaintiff CW's proposed Default Judgment is annexed as Exhibit D. 12. A copy of Plaintiff CW's proposed Bill of Costs and the corresponding Affirmation by your affirmant are annexed as Exhibit E. WHEREFORE, Plaintiff CW respectfully requests a defaultjudgment against Defendant Tannenbaum under CPLR §3215(a) in the principal amount of $692,448.32, plus costs and disbursements aggregating $505.00, lawful interest from January 26, 2012, including, but not limited to, $237,685.26 in pre-judgment interest from January 26, 2012 to April 23, 2018 and post-judgment interest at a rate of 9 percent per annum upon entry of the requested default judgment, and such other, further, and different relief as seems just and equitable. Dated: New York, New York July 18, 2018 JON . ERKOWITZ 4846-5186-9538.1 3 3 of 3