On March 12, 2018 a
Order
was filed
involving a dispute between
Gb An Infant By His Mother And Natural Guardian Rayna Douglas,
Rayna Douglas,
and
Fast Lane Motors, Llc,
Jevan De Jani Simpson,
Kayde Palmer,
for Torts - Motor Vehicle
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 07/09/2019 12:16 PM INDEX NO. 703719/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/09/2019
NEW YORK SUPREME COURT - COUNTY OF QUEENS
IAS PART 19
Short Form Order
Present: Hon. Pam Jackman Brown, JSC
X Index No.: 703719/2018
G.B., an infant by his mother and natural guardian
RAYNA DOUGLAS and RAYNA DOUGLAS, Motion Date: 06/03/19
Individual,
Cal. No.: 28
Plaintiffs,
Mot. Seq. No.: 001
-against-
JEVAN SIMPSON, KAYDE PALMER and FAST
LANE MOTORS, LLC,
Defendants.
X
Recitation, as required by CPLR § 2219(a), of the following papers e-file numbered to 10 to 17
read on this motion by Plaintiff seeking an Order pursuant to CPLR § 3215 directing the entry of
judgment upon default in favor of plaintiff and against all defendants, on the issue of liability and setting
this matter down for an inquest as to damages, for an award of costs, disbursements and reasonable
attorney's fees to abide this motion, and for such other and further relief as to this Court may seem just
and proper.
PAPERS E-FILE
NUMBERED
Papers Exhibits
Notice of Motion for a Default Judgment - 10-12; 13-15
Affirmation(s), Affidavit(s) and Exhibits Annexed 16-17
Upon the papers listed above, this Notice of Motion is hereby decided in
accordance with this Decision/Order.
Upon the review of the papers and after appearance and submission on June 3,
2019, Plaintiff's motion seeking an Order, pursuant to CPLR § 3215, granting Plaintiff a
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FILED: QUEENS COUNTY CLERK 07/09/2019 12:16 PM INDEX NO. 703719/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/09/2019
default judgment is denied in entirety with leave to renew.
The Court notes that Plaintiffs notice of motion is improperly noticed for May 28,
2019 and also fails to include a part number or courtroom number indicating where the
motion was to be heard. Although Plaintiffs counsel submitted a letter, dated May 7,
2019, upon the call of the calendar, the Court finds this to be insufficient to establish
Plaintiffs actually and properly noticed Defendants. Accordingly, Plaintiffs' application
is denied in entirety with leave to renew.
The foregoing constitutes the Decision and Order of this Court.
Dated: June 2019
Jamaica, NY HON. PAM JAC j122O N, JSC
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Document Filed Date
July 09, 2019
Case Filing Date
March 12, 2018
Category
Torts - Motor Vehicle
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FILED: QUEENS COUNTY CLERK 07/09/2019 12:16 PM INDEX NO. 703719/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/09/2019 NEW YORK SUPREME COURT - COUNTY OF QUEENS IAS PART 19 Short Form Order Present: Hon. Pam Jackman Brown, JSC X Index No.: 703719/2018 G.B., an infant by his mother and natural guardian RAYNA DOUGLAS and RAYNA DOUGLAS, Motion Date: 06/03/19 Individual, Cal. No.: 28 Plaintiffs, Mot. Seq. No.: 001 -against- JEVAN SIMPSON, KAYDE PALMER and FAST LANE MOTORS, LLC, Defendants. X Recitation, as required by CPLR § 2219(a), of the following papers e-file numbered to 10 to 17 read on this motion by Plaintiff seeking an Order pursuant to CPLR § 3215 directing the entry of judgment upon default in favor of plaintiff and against all defendants, on the issue of liability and setting this matter down for an inquest as to damages, for an award of costs, disbursements and reasonable attorney's fees to abide this motion, and for such other and further relief as to this Court may seem just and proper. PAPERS E-FILE NUMBERED Papers Exhibits Notice of Motion for a Default Judgment - 10-12; 13-15 Affirmation(s), Affidavit(s) and Exhibits Annexed 16-17 Upon the papers listed above, this Notice of Motion is hereby decided in accordance with this Decision/Order. Upon the review of the papers and after appearance and submission on June 3, 2019, Plaintiff's motion seeking an Order, pursuant to CPLR § 3215, granting Plaintiff a Page 1 of 2 1 of 2 FILED: QUEENS COUNTY CLERK 07/09/2019 12:16 PM INDEX NO. 703719/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/09/2019 default judgment is denied in entirety with leave to renew. The Court notes that Plaintiffs notice of motion is improperly noticed for May 28, 2019 and also fails to include a part number or courtroom number indicating where the motion was to be heard. Although Plaintiffs counsel submitted a letter, dated May 7, 2019, upon the call of the calendar, the Court finds this to be insufficient to establish Plaintiffs actually and properly noticed Defendants. Accordingly, Plaintiffs' application is denied in entirety with leave to renew. The foregoing constitutes the Decision and Order of this Court. Dated: June 2019 Jamaica, NY HON. PAM JAC j122O N, JSC Page 2 of 2 2 of 2