On May 23, 2017 a
Motion-Secondary
was filed
involving a dispute between
Cbs Corporation Dba Cbs Television Stations,
and
Approved Legal Hotline, Inc.,
Legalzoom.Com Inc. Aka Approved Legal Hotline, Inc.,
for Commercial - Business Entity
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__.._ ----------X
CBS CORPORATION DBA CBS TELEVISION STATIONS Index No. 652790/2017
PLAINTIFF,
- against - AFFIRMATION IN
SUPPORT OF MOTION TO
Approved Legal Hotline, Inc. ENTER JUDGMENT
DEFENDANT(S).
____...._____....______..__---------¬________.....----- -X
TIMOTHY J. MURTHA, an attorney duly admitted to practice law before the Courts of
the State of New York, respectfully affirms the following under penalties of perjury and pursuant
to CPLR 2106:
1. I am a partner with the law office of Roach & Murtha Attorneys at Law, P.C., the attorneys of
record for the plaintiff, CBS Corporation DBA CBS Television Stations, in the within action
and, as such, I have reviewed the file maintained by this office and based on the documents,
pleadings, notes and other memoranda contained therein, I am familiar with the facts of this
case and the proceedings heretofore had herein. I submit this affirmation in support of
Plaintiff's motion to enter judgment.
2. This is an action for recovery of balances in which Plaintiff rendered to Defendant monthly,
full,just and true accounts of the indebtedness due and owing as a result of the aforesaid
transaction. The parties entered into a contract in which the Defendant breached the terms of
said contract.
3. The verified summons and complaint were duly and regularly electronically filed on 5/23/2017
in the Office of the Clerk of the Supreme Court of the State of New York, County of New
York, that being the county in which the defendant conducts business, and a copy of which is
1 of 3
FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019
annexed hereto for the information of the Court as Exhibit "A".
4. The defendant is not an infant or incompetent.
5. Defendant was served pursuant to Rule 307 BCL with a copy of the summons and complaint
on 6/6/2017. A copy of the affidavit of service is annexed hereto for the information of the
Court as Exhibit "B".
6. Additionally, Defendant was mailed a copy of the summons and complaint in accordance with
CPLR 3215(g)(4)(i&ii) on 06/13/2017. Please see a copy of the additional mailings annexed
hereto as Exhibit "C".
7. Plaintiff has signed an Affidavit of Facts which has been annexed hereto as Exhibit "D".
8. Plaintiff rendered services to Defendant in the total amount of $37,885.00. A copy of the
communication between the parties along with the invoice are annexed hereto as Exhibit "E".
9. On 7/19/2018 a decision was filed denying the motion on the basis that plaintiff
allegedly did
not establish whether the applicable service requirements are those set forth in BCL 306 or
BCL 307. Please see a copy of the decision annexed hereto as Exhibit F. However, itwas
specified that defendant was served pursuant to BCL 307 as stated in paragraph 5, also shown
on the affidavit of service filed on 6/23/2017.
10. Defendant did not answer or appear in the action.
11. Based upon the foregoing, itis respectfully submitted that the Plaintiff's case for the of a
entry
judgment has been fully and completely set forth. Request is hereby respectfully made that the
Court award a judgmeñt in favor of Plaintiff and against Defendant, and order the entry of
judgment against Defendant in the total sum of $37,885.00, together with interest at the rate of
9.00% from 01/29/2017 and costs thereafter until payment.
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FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019
WHEREFORE, your affirmant prays that the relief requested in the notice of motion be
in allrespects granted, together with the costs of this motion.
Dated: Syosset, New York
7/11/2019
By: __
Timothy J. Murtha
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blvd Suite 475
Farmingdale, NY 11735
To:
Approved Legal Hotline, Inc.
101 N BRAND BLVD 11TH FLOOR
GLENDALE, CA 91203
3 of 3
Document Filed Date
July 15, 2019
Case Filing Date
May 23, 2017
Category
Commercial - Business Entity
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FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __.._ ----------X CBS CORPORATION DBA CBS TELEVISION STATIONS Index No. 652790/2017 PLAINTIFF, - against - AFFIRMATION IN SUPPORT OF MOTION TO Approved Legal Hotline, Inc. ENTER JUDGMENT DEFENDANT(S). ____...._____....______..__---------¬________.....----- -X TIMOTHY J. MURTHA, an attorney duly admitted to practice law before the Courts of the State of New York, respectfully affirms the following under penalties of perjury and pursuant to CPLR 2106: 1. I am a partner with the law office of Roach & Murtha Attorneys at Law, P.C., the attorneys of record for the plaintiff, CBS Corporation DBA CBS Television Stations, in the within action and, as such, I have reviewed the file maintained by this office and based on the documents, pleadings, notes and other memoranda contained therein, I am familiar with the facts of this case and the proceedings heretofore had herein. I submit this affirmation in support of Plaintiff's motion to enter judgment. 2. This is an action for recovery of balances in which Plaintiff rendered to Defendant monthly, full,just and true accounts of the indebtedness due and owing as a result of the aforesaid transaction. The parties entered into a contract in which the Defendant breached the terms of said contract. 3. The verified summons and complaint were duly and regularly electronically filed on 5/23/2017 in the Office of the Clerk of the Supreme Court of the State of New York, County of New York, that being the county in which the defendant conducts business, and a copy of which is 1 of 3 FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019 annexed hereto for the information of the Court as Exhibit "A". 4. The defendant is not an infant or incompetent. 5. Defendant was served pursuant to Rule 307 BCL with a copy of the summons and complaint on 6/6/2017. A copy of the affidavit of service is annexed hereto for the information of the Court as Exhibit "B". 6. Additionally, Defendant was mailed a copy of the summons and complaint in accordance with CPLR 3215(g)(4)(i&ii) on 06/13/2017. Please see a copy of the additional mailings annexed hereto as Exhibit "C". 7. Plaintiff has signed an Affidavit of Facts which has been annexed hereto as Exhibit "D". 8. Plaintiff rendered services to Defendant in the total amount of $37,885.00. A copy of the communication between the parties along with the invoice are annexed hereto as Exhibit "E". 9. On 7/19/2018 a decision was filed denying the motion on the basis that plaintiff allegedly did not establish whether the applicable service requirements are those set forth in BCL 306 or BCL 307. Please see a copy of the decision annexed hereto as Exhibit F. However, itwas specified that defendant was served pursuant to BCL 307 as stated in paragraph 5, also shown on the affidavit of service filed on 6/23/2017. 10. Defendant did not answer or appear in the action. 11. Based upon the foregoing, itis respectfully submitted that the Plaintiff's case for the of a entry judgment has been fully and completely set forth. Request is hereby respectfully made that the Court award a judgmeñt in favor of Plaintiff and against Defendant, and order the entry of judgment against Defendant in the total sum of $37,885.00, together with interest at the rate of 9.00% from 01/29/2017 and costs thereafter until payment. 2 of 3 FILED: NEW YORK COUNTY CLERK 07/15/2019 05:18 PM INDEX NO. 652790/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/15/2019 WHEREFORE, your affirmant prays that the relief requested in the notice of motion be in allrespects granted, together with the costs of this motion. Dated: Syosset, New York 7/11/2019 By: __ Timothy J. Murtha Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blvd Suite 475 Farmingdale, NY 11735 To: Approved Legal Hotline, Inc. 101 N BRAND BLVD 11TH FLOOR GLENDALE, CA 91203 3 of 3