On April 12, 2021 a
Motion-Secondary
was filed
involving a dispute between
Chrystal Peart,
Wade S. Williams,
and
Ean Holdings Llc,
John Doe, Said Name Is Being Fictitious And Unknown,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 12/15/2021 11:12 AM INDEX NO. 508561/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/15/2021
. . . . .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------- ----X
WADE S. WILLIAMS and CHRYSTAL PEART, AFFIRMATION IN
SUPPORT
Plaintiff(s),
Index No.: 508561/2021
-against-
. . . . .
JOHN DOE, said name is being fictitious and unknown,
and EAN HOLDINGS, LLC,
Defendant(s).
________ ----------------------------- X
BARRY J. UNGAR, an attorney duly admitted to practice law before the Courts of the
State of New York hereby alleges the following under the penalties of perjury:
I am an associate of RANKIN SAVIDGE, PLLC, attorneys for defendant
EAN HOLDINGS, LLC (hereinafter referred to as defendant), and as such, I am
fully familiar with the facts and circumstances of this action based upon a review and handling of
the filemaintained in this office.
defendants'
The within affirmation is submitted in support of motion for a default
judgment against plaintiff WADE S. WILLIAMS in the above action.
PROCEDURAL BACKGROUND
On or about April 12, 2021 plaintiffs commenced the within action by the alleged filing
Plaintiffs'
and service of a summons and verified complaint. summons and verified complaint
seeks monetary damages as a result of a motor vehicle accident. A copy of the summons and
"A."
verified complaint is annexed hereto as Exhibit
On or about May 27, 2021 moving defendant, interposed an answer generally denying all
allegations of wrongdoing and asserting multiple affirmative defenses. Also, within moving
defendant's verified answer was a counterclaim against plaintiff WADE S. WILLIAMS. A copy
1 of 2
FILED: KINGS COUNTY CLERK 12/15/2021 11:12 AM INDEX NO. 508561/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/15/2021
defendants' "B."
of verified answer is annexed hereto as Exhibit
DEFENDANT IS ENTITLED TO A DEFAULT JUDGMENT
AGAINST PLAINTIFF
Plaintiff was served with the counterclaim more than thirty (30) days ago. A copy of the
"C."
affirmation of NYSCEF Electronic Filing Service is annexed hereto as Exhibit
To date, the undersigned is not in receipt of a response from plaintiff WADE S.
WILLIAMS. Plaintiff WADE S. WILLIAMS is presently in default and moving defendant is
entitled to a default judgment against third party defendant. CPLR 3215 (a) (McKinney, 2017);
The within counterclaim is not based upon nonpayment of a contractual obligation nor is
the third-party defendant a domestic or authorized foreign corporation. As such, the provisions of
CPLR 3215 (g) are not applicable to this motion. See CPLR 3215 (g) (McKinney, 2017).
Accordingly, it isrespectfully submitted that moving defendant has established that
plaintiff WADE S. WILLIAMS is in default and has established a meritorious claim against
plaintiff WADE S. WILLIAMS. Therefore, itis respectfully submitted that this Honorable Court
enter an Order granting moving defendant's motion, entering a default judgment on behalf of
moving defendant against plaintiff WADE S. WILLIAMS and permission to enter judgment
against plaintiff on the counterclaim.
WHERREFORE, itis respectfully requested that this Honorable Court enter an Order
granting moving defendant's motion in its entirety, awarding moving defendant a default
judgment against plaintiff WADE S. WILLIAMS, and grant such other and further relief as this
Court deems just and proper.
Dated: Mineola, New York
December 15, 2021
BARRY J. (JNGAR
2 of 2
Document Filed Date
December 15, 2021
Case Filing Date
April 12, 2021
Category
Torts - Motor Vehicle
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FILED: KINGS COUNTY CLERK 12/15/2021 11:12 AM INDEX NO. 508561/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/15/2021 . . . . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------- ----X WADE S. WILLIAMS and CHRYSTAL PEART, AFFIRMATION IN SUPPORT Plaintiff(s), Index No.: 508561/2021 -against- . . . . . JOHN DOE, said name is being fictitious and unknown, and EAN HOLDINGS, LLC, Defendant(s). ________ ----------------------------- X BARRY J. UNGAR, an attorney duly admitted to practice law before the Courts of the State of New York hereby alleges the following under the penalties of perjury: I am an associate of RANKIN SAVIDGE, PLLC, attorneys for defendant EAN HOLDINGS, LLC (hereinafter referred to as defendant), and as such, I am fully familiar with the facts and circumstances of this action based upon a review and handling of the filemaintained in this office. defendants' The within affirmation is submitted in support of motion for a default judgment against plaintiff WADE S. WILLIAMS in the above action. PROCEDURAL BACKGROUND On or about April 12, 2021 plaintiffs commenced the within action by the alleged filing Plaintiffs' and service of a summons and verified complaint. summons and verified complaint seeks monetary damages as a result of a motor vehicle accident. A copy of the summons and "A." verified complaint is annexed hereto as Exhibit On or about May 27, 2021 moving defendant, interposed an answer generally denying all allegations of wrongdoing and asserting multiple affirmative defenses. Also, within moving defendant's verified answer was a counterclaim against plaintiff WADE S. WILLIAMS. A copy 1 of 2 FILED: KINGS COUNTY CLERK 12/15/2021 11:12 AM INDEX NO. 508561/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/15/2021 defendants' "B." of verified answer is annexed hereto as Exhibit DEFENDANT IS ENTITLED TO A DEFAULT JUDGMENT AGAINST PLAINTIFF Plaintiff was served with the counterclaim more than thirty (30) days ago. A copy of the "C." affirmation of NYSCEF Electronic Filing Service is annexed hereto as Exhibit To date, the undersigned is not in receipt of a response from plaintiff WADE S. WILLIAMS. Plaintiff WADE S. WILLIAMS is presently in default and moving defendant is entitled to a default judgment against third party defendant. CPLR 3215 (a) (McKinney, 2017); The within counterclaim is not based upon nonpayment of a contractual obligation nor is the third-party defendant a domestic or authorized foreign corporation. As such, the provisions of CPLR 3215 (g) are not applicable to this motion. See CPLR 3215 (g) (McKinney, 2017). Accordingly, it isrespectfully submitted that moving defendant has established that plaintiff WADE S. WILLIAMS is in default and has established a meritorious claim against plaintiff WADE S. WILLIAMS. Therefore, itis respectfully submitted that this Honorable Court enter an Order granting moving defendant's motion, entering a default judgment on behalf of moving defendant against plaintiff WADE S. WILLIAMS and permission to enter judgment against plaintiff on the counterclaim. WHERREFORE, itis respectfully requested that this Honorable Court enter an Order granting moving defendant's motion in its entirety, awarding moving defendant a default judgment against plaintiff WADE S. WILLIAMS, and grant such other and further relief as this Court deems just and proper. Dated: Mineola, New York December 15, 2021 BARRY J. (JNGAR 2 of 2