Preview
FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
INDEX NO. 703719/2018
G.B., an infant by his mother and natural guardian RAYNA
DOUGLAS and RAYNA DOUGLAS, Individual,
AFFIRMATION IN
SUPPORT
Plaintiffs,
-against-
JEVAN SIMPSON, KAYDE PALMER AND FAST LANE
MOTORS, LLC,
Defendants.
Eric S. Cantor, an attorney admitted to practice in the State of New York, affirms the
following under the penalties of perjury:
1. That I am of the law firm of Sacco & Fillas, LLP, the attorneys of record for the plaintiff, and
as such, I am thoroughly conversant with the facts and circum:tmees herein based upon the
contents of the file maintained by this office.
2. I make this affirmation in support of this motion for an order directing the entry of ajudgment
by default against all defêñdãñts as to the issue of liability, setting the matter down for an
iñqüêst as to damages at the trial of this action, awardiñg the 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.
This is an action for personal injuries occurring from an incident on November 19, 2017, whereby
Plaintiff's motor vehicle was struck by the vehicle owned by
Defendants KAYDE PALMER
4
1 of 3
FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019
and FAST LANE MOTORS, LLC, and operated by Defendant, JEVAN SIMPSON.
3. A Summons and Verified complaint was served upon Defendañt JEVAN SIMPSON and
KAYDE PALMER on May 3, 2018, and on FAST LANE MOTORS, LLC on May 9, 2018.
To date, no answer has been interposed on behalf of any defendant. A copy of the Su==ons
and Verified Complaint is annexed hereto as Exhibit "A". The affidavit of services are
annexed hereto as Exhibit "B". The time for defendant Fast Lane Motors, LLC to appear and
interpose an answer has now expired.
4. CPLR § 3215(a) provides:
"When a defendant has failed to appear, plead or proceed to trial of an action
reached and called for trial, or when the court orders a dismissal for any other
him."
neglect to proceed, the plaintiff may seek a default judgment against
5. "Due process requires proof of service on the dafandant prior to of a default
entry
judgment."
People v. Eica Const. Corp., 85 Misc.2d 1026, 381 N.Y.S.2d 377 (1975).
6. In compliance with the additional service requirements imposed by the CPLR, your affirmant
sent letters on September 17, 2018, that included a copy of the Sum-mons and Verified
Complaint and Affidavit of Service, to the defandants advising them that a Summeñs and
Verified Complaint were served upon them. This letterwas sent via firstclass mail in a plain
Confidential"
envelope marked "Personal and as required by CPLR § 3215(f). The letter did
not evince any marking that it was sent from an attorney's office or that it concerned an
"C"
alleged debt. Annexed hereto as Exhibit are said letters.
7. That the defendants have not served Answers or moved with respect to the Complaint herein,
nor has their time to do so been extended.
5
2 of 3
FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019
8. That, therefore, defendants are not in default.
19th
9. Annexed hereto is the affidavit of Rayna E. Douglas, duly sworn to the day of April 2019
which sets forth the facts constituting the claim and the default.
10. That no previous application for the relief sought in this motion has ever been made; and due
to the foregoing, default judgment against defendants should be granted in favor of the
plaintiff.
WHEREFORE, itis respectfully requested that this motion be granted in its entirety,
and that such other and further relief be granted as to this Court seems just and proper,
including the costs of this motion.
Dated: Astoria, New York
April 26, 2019
By: Eric S. Cantor, Esq.
SACCO & FILLAS, LLP
Attorneys for Plaintiff
31-19 Newtown Avenue
Seventh Floor
Astoria, New York 11102
(718) 746-3440
Our File # 20009-17
6
3 of 3
Preview
FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO. 703719/2018 G.B., an infant by his mother and natural guardian RAYNA DOUGLAS and RAYNA DOUGLAS, Individual, AFFIRMATION IN SUPPORT Plaintiffs, -against- JEVAN SIMPSON, KAYDE PALMER AND FAST LANE MOTORS, LLC, Defendants. Eric S. Cantor, an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: 1. That I am of the law firm of Sacco & Fillas, LLP, the attorneys of record for the plaintiff, and as such, I am thoroughly conversant with the facts and circum:tmees herein based upon the contents of the file maintained by this office. 2. I make this affirmation in support of this motion for an order directing the entry of ajudgment by default against all defêñdãñts as to the issue of liability, setting the matter down for an iñqüêst as to damages at the trial of this action, awardiñg the 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. This is an action for personal injuries occurring from an incident on November 19, 2017, whereby Plaintiff's motor vehicle was struck by the vehicle owned by Defendants KAYDE PALMER 4 1 of 3 FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019 and FAST LANE MOTORS, LLC, and operated by Defendant, JEVAN SIMPSON. 3. A Summons and Verified complaint was served upon Defendañt JEVAN SIMPSON and KAYDE PALMER on May 3, 2018, and on FAST LANE MOTORS, LLC on May 9, 2018. To date, no answer has been interposed on behalf of any defendant. A copy of the Su==ons and Verified Complaint is annexed hereto as Exhibit "A". The affidavit of services are annexed hereto as Exhibit "B". The time for defendant Fast Lane Motors, LLC to appear and interpose an answer has now expired. 4. CPLR § 3215(a) provides: "When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other him." neglect to proceed, the plaintiff may seek a default judgment against 5. "Due process requires proof of service on the dafandant prior to of a default entry judgment." People v. Eica Const. Corp., 85 Misc.2d 1026, 381 N.Y.S.2d 377 (1975). 6. In compliance with the additional service requirements imposed by the CPLR, your affirmant sent letters on September 17, 2018, that included a copy of the Sum-mons and Verified Complaint and Affidavit of Service, to the defandants advising them that a Summeñs and Verified Complaint were served upon them. This letterwas sent via firstclass mail in a plain Confidential" envelope marked "Personal and as required by CPLR § 3215(f). The letter did not evince any marking that it was sent from an attorney's office or that it concerned an "C" alleged debt. Annexed hereto as Exhibit are said letters. 7. That the defendants have not served Answers or moved with respect to the Complaint herein, nor has their time to do so been extended. 5 2 of 3 FILED: QUEENS COUNTY CLERK 04/30/2019 11:20 AM INDEX NO. 703719/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/30/2019 8. That, therefore, defendants are not in default. 19th 9. Annexed hereto is the affidavit of Rayna E. Douglas, duly sworn to the day of April 2019 which sets forth the facts constituting the claim and the default. 10. That no previous application for the relief sought in this motion has ever been made; and due to the foregoing, default judgment against defendants should be granted in favor of the plaintiff. WHEREFORE, itis respectfully requested that this motion be granted in its entirety, and that such other and further relief be granted as to this Court seems just and proper, including the costs of this motion. Dated: Astoria, New York April 26, 2019 By: Eric S. Cantor, Esq. SACCO & FILLAS, LLP Attorneys for Plaintiff 31-19 Newtown Avenue Seventh Floor Astoria, New York 11102 (718) 746-3440 Our File # 20009-17 6 3 of 3