On October 30, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Sarah Rodriguez,
and
Cdc 111Th Street Realty, L.P.,
Cdc East 105Th Street Realty, L.P.,
for Torts - Other Negligence (Premises)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/20/2022
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 17 INDEX
RECEIVED NO. 30287/2017E
NYSCEF: 05/20/2022
|FILED : BRONX COUNTY CLERK 06/05/2019 04:25 PN]
NYSCEF DOC. NO. 9 RECEIVED NYSCEF 05/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX, PART: 12
___________.._____________________________________________________x
Sarah Rodriguez Index Ne. 30287/2017
-against- Hon. Robert T. Johnson
CDC East 105th Street Realty. L.P. Justice Supreme Court
_____________________________________________________..___________Ç
The following papers numbered 1 to were read on this motion ( Seq. No. 1 )
for Default Judgment noticed on December 10, 2018 .
Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed No(s).
Answering Affidas itand Exhibits No(s).
Rep7 ing Affidat itand Exhibits No(s).
Plaintiff seeks a default judgment against defendants based on their failure to answer the
complaint or otherƒise appear in the action. In order to prevail plaintiff must ( I)demonstrate proof of
service of the summons and complaint on defendants. (2) establish that defendants are in default. and (3)
submit proof of the facts constituting plaintiffs claim (see CPLR 3215(f)). While plaintiff demonstrated
that she served the complaint on defendants under Business Corporations Law 306. she was required to
demonstrate compliance with CPLR 3215(g)(4). Because no affidavit or affirmation evincing
compliance with that provision was submitted in support of plaintitTs motion. the motion is denied
without prejudice to a new motion supported by proper papers (see FeHer v. Malpeso. 210 AD2d 60
.. ( 1994)).
Accordingly. itis hereby ordered that the motion is denied without prejudice to a new motion
supported by proper papers.
This constitutes the Decision and Order of the Court.
Dated: 3 2 *1
/ /
Hon.
Robert T. Johnson, J.S.C
I. CHFCK ONE...........
....
........... O
.................... CASE DISPOSED IN ITS ENTIRETY in CASF S FII.1 ACŠ IVE
2. MO l iON IS......... D GRANTED
......................................... $-DENIED O GRANTED IN PART O O rilFR
1 CIILCK IF APPROPRIATE .... O
................. SL FTI E ORDER O SilBMI f ORDER
O FIDUCIARY APPOINTMENT n REFEREE APPOINTMEN f
1 of 1
Document Filed Date
May 20, 2022
Case Filing Date
October 30, 2017
Category
Torts - Other Negligence (Premises)
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FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/20/2022 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 17 INDEX RECEIVED NO. 30287/2017E NYSCEF: 05/20/2022 |FILED : BRONX COUNTY CLERK 06/05/2019 04:25 PN] NYSCEF DOC. NO. 9 RECEIVED NYSCEF 05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, PART: 12 ___________.._____________________________________________________x Sarah Rodriguez Index Ne. 30287/2017 -against- Hon. Robert T. Johnson CDC East 105th Street Realty. L.P. Justice Supreme Court _____________________________________________________..___________Ç The following papers numbered 1 to were read on this motion ( Seq. No. 1 ) for Default Judgment noticed on December 10, 2018 . Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed No(s). Answering Affidas itand Exhibits No(s). Rep7 ing Affidat itand Exhibits No(s). Plaintiff seeks a default judgment against defendants based on their failure to answer the complaint or otherƒise appear in the action. In order to prevail plaintiff must ( I)demonstrate proof of service of the summons and complaint on defendants. (2) establish that defendants are in default. and (3) submit proof of the facts constituting plaintiffs claim (see CPLR 3215(f)). While plaintiff demonstrated that she served the complaint on defendants under Business Corporations Law 306. she was required to demonstrate compliance with CPLR 3215(g)(4). Because no affidavit or affirmation evincing compliance with that provision was submitted in support of plaintitTs motion. the motion is denied without prejudice to a new motion supported by proper papers (see FeHer v. Malpeso. 210 AD2d 60 .. ( 1994)). Accordingly. itis hereby ordered that the motion is denied without prejudice to a new motion supported by proper papers. This constitutes the Decision and Order of the Court. Dated: 3 2 *1 / / Hon. Robert T. Johnson, J.S.C I. CHFCK ONE........... .... ........... O .................... CASE DISPOSED IN ITS ENTIRETY in CASF S FII.1 ACŠ IVE 2. MO l iON IS......... D GRANTED ......................................... $-DENIED O GRANTED IN PART O O rilFR 1 CIILCK IF APPROPRIATE .... O ................. SL FTI E ORDER O SilBMI f ORDER O FIDUCIARY APPOINTMENT n REFEREE APPOINTMEN f 1 of 1