Motion,Ex Parte: Wintrust Asset Finance Inc., D/B/A Wintrust Specialty Finance v. Cova Concrete Corp., Albert Babaiev, Igor Mosheyev, Northbay Pumping Llc, Northbay Builders Corp.

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                                FILED:         QUEENS        COUNTY         CLERK        09/16/2022             01:08       PM                      INDEX    NO.   713600/2022
   NYSCEF     DOC.   NO.   20                                                                                 RECEIVED      NYSCEF:     09/16/2022


                   SUPREME COURT OF THE STATE OF NEW YORK
                   COUNTY OF QUEENS                                                                       Motion #0001
                   --------------------------------------------------------------------  X
                   WINTRUST ASSET FINANCE INC.,                                          :
                   d/b/a WINTRUST SPECIALTY FINANCE                                      :          Index No.: 713600-2022
                                                                                         :
                                                                Plaintiff,               :          NOTICE OF MOTION
                                                                                         :
                                      -against-                                          :
                                                                                         :
                   COVA CONCRETE CORP., ALBERT BABAIEV,                                  :
                   IGOR MOSHEYEV, NORTHBAY PUMPING LLC,                                  :
                   and NORTHBAY BUILDERS CORP.                                           :
                                                                                         :
                                                               Defendants.               :
                   -------------------------------------------------------------------   X

                           SIRS:
                           PLEASE       TAKE     NOTICE,      that  upon    the  Affirmation     of  David    B.  Cetron    sworn    to

                  September 16, 2022 and the exhibits thereto, the undersigned will move this Court at Individual

                  Part ___, at the Courthouse thereof, located at 125-01 Sutphin Blvd, Jamaica, NY on the 14th day

                  of October, 2022, at 9:30 a.m. on that day or as soon thereafter as counsel may be heard, for an

                  order pursuant to Section 3215 of the Civil Practice Law and Rules directing the entry of judgment

                  upon default in favor of plaintiff and against the defendants, COVA CONCRETE CORP., IGOR

                  MOSHEYEV           ALBERT        BABAIEV,        NORTHBAY           PUMPING         LLC,     and,   NORTHBAY

                  BUILDERS CORP on the cause of action for replevin, ordering the release and turnover of the

                  vehicle that is subject of this action, a deficiency balance following the auction of said vehicles or

                  in the alternative, the value of the vehicle, for contractual attorney’s fees, an award of costs, and

                  disbursements and for such other and further relief as to this Court may seem just and proper.

                           The above entitled action is for Replevin. This action is not on the trial calendar.

                           TAKE FURTHER NOTICE that, pursuant to Section 2214(b) of the Civil Practice Law

                  and Rules, all answering papers, if any, shall be           served at least seven (7) days before the return

                  date of this motion




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   FILED:         QUEENS        COUNTY         CLERK        09/16/2022             01:08       PM                      INDEX    NO.   713600/2022
   NYSCEF     DOC.   NO.   20                                                                                 RECEIVED      NYSCEF:     09/16/2022




                  Dated:   September 16, 2022
                           New York, New York
                                                                             LAW OFFICE OF DAVID B. CETRON, P.C.

                                                                             By:________________________
                                                                                      David B. Cetron, Esq.
                                                                                      Attorney for Plaintiff
                                                                                      49 West 37th Street, 7th Floor
                                                                                      New York, New York 10018
                   Defendant’s Address:                                               (212) 616-3833

                   Cova Concrete Corp.
                   215-15 Northern Blvd.
                   Flushing, NY 11361

                   Albert Babaiev
                   181-30 Tudor Rd.
                   Jamaica, NY 11432

                   Igor Mosheyev
                   181-31 Tudor Rd.
                   Jamaica, NY 11432

                   Northbay Pumping LLC
                   215-15 Northern Blvd.
                   Bayside, NY 11361

                   Northbay Builders Corp.
                   215-15 Northern Blvd., Suite 302,
                   Bayside, NY 11361




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