Preview
FILED: BRONX COUNTY CLERK 09/30/2022 08:36 PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/30/2022
EXHIBIT C
FILED: BRONX COUNTY CLERK 11/07/2018
09/30/2022 10:52
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 5
34 RECEIVED NYSCEF: 11/07/2018
09/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
SARAH RODRIGUEZ, 30287/2017
Plaintiff,
-against- NOTICE OF MOTION
FOR DEFAULT
CDC EAST 105TH STREET REALTY, L.P. and JUDGMENT
CDC 111th STREET REALTY, L.P., Justice
Defendants.
Oral argument is
not requested
C O U N S E L O R S :
PLEASE TAKE NOTICE, that upon the annexed affidavit of
Sarah Rodriguez, sworn to the 30th day of October, 2018, the
affirmation of Charles E. Finelli, dated the 22nd day of
October, 2018, and upon all the pleadings and proceedings
heretofore had herein, the undersigned will move before this
Court before the Motion Support Office, room 217, at the
Courthouse located at 851 Grand Concourse, Bronx, New York on
the 10th day of December, 2018 at 9:30 a.m. in the forenoon of
that day or as soon thereafter as counsel can 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 defendants, on the issue of
liability and setting the matter down for an inquest as to
damages, for an award of costs, disbursements and reasonable
attorney's fees, and for such other and further relief as to
this Court may seem just and proper.
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The above entitled action is for personal injuries. 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.
Dated: Bronx, New York
November 6, 2018
LAW OFFICES OF CHARLES E. FINELLI &
ASSOCIATES, LC
By:
CHARLES E. FINELLI
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
CDC EAST 105TH STREET REALTY, L.P.
Defendant Pro Se
100 West 23rd Street, 4th floor
New York, New York 10011
CDC 111th STREET REALTY, L.P.
Defendant Pro Se
100 West 23rd Street, 4th floor
New York, New York 10011
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NYSCEF DOC. NO. 5
34 RECEIVED NYSCEF: 11/07/2018
09/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
____
INDEX NO.
SARAH RODRIGUEZ, 23753/2015
Plaintiff,
-against- AFFIDAVIT IN
SUPPORT
CDC EAST 105TH STREET REALTY, L.P., and
CDC 111th STREET REALTY, L.P.,
Defendants.
STATE OF NEW YORK ss.:
COUNTY OF BRONX
SARAH RODRIGUEZ, being duly sworn, deposes and says:
1. I incorporate and support all the statements made in my
attorney's accompanying Affirmation as if stated in full herein.
2. This affidavit is in support of motion for default
judgment.
3. This is an action for personal injuries. A summons and
complaint were served upon defendant on or about November 30,
2017. No answer has been interposed.
4. That on April 15, 2015, while delivering mail into
mailboxes for the United States Postal Service, to the building
located at 2018 Third Avenue a/k/a 188 East 111th Street, County
of New York, City and State of New York, a bulletin/wall board
encased in glass above the mailboxes suddenly dislodged from the
wall and hit me.
5. Based upon the foregoing, my attorney advises me I have
a meritorious cause of action.
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WHEREFORE, it is respectfully requested this motion be
granted in its entirety, and for such other and further relief
as to this Court seems just and proper, including the costs of
this motion.
SARAH RODRIGUEZ
Sworn to before me this
y of Novem , 2018
NOTARY PUBLIC
CHARLES FINELLI
Notary Public, State of New York
No. 02Fl5037566,Qual. in Nassau
Cert. Filed in New York Coun of
Dommission Exoires Dec 27, 7
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
SARAH RODRIGUEZ, 23753/2015
Plaintiff,
-against- AFFIRMATION IN
SUPPORT
CDC EAST 105TH STREET REALTY, L.P., and
CDC 111th STREET REALTY, L.P.,
Defendants.
Charles E. Finelli, an attorney admitted to practice in the
State of New York, affirms the following under the penalties of
perjury:
1. I am the attorney of record for plaintiff, and as such
am thoroughly conversant with the facts and circumstances 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 a judgment by default, as to the
issue of liability, setting the matter down for an inquest as to
damages, awarding 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.
3. This is an action for personal injuries. Plaintiff was a
United States Postal Service employee delivering mail to
defendants'
building, located at 2018 Third Avenue a/k/a 188
East lllth Street, County of New York, City and State of New
York, when a bulletin/wall board encased in glass above the
5 of 8
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mailboxes suddenly dislodged from the wall and struck her.
4. A summons and complaint were served upon defendants on
or about November 30, 2017. A copy of the summons and complaint
is annexed hereto as Exhibit "A". The affidavits of service are
annexed hereto as Exhibit "B". The time to appear and interpose
an answer has now expired.
5. Defendants have not served an Answer or moved with
respect to the Complaint herein, nor has its time to do so been
extended.
6. Therefore, defendants are now in default.
7. Annexed hereto is the affidavit of Sarah Rodriguez, duly
sworn to the 30th day of October, 2018, which sets forth the
facts constituting the claim, the default, and the amount due.
8. That no previous application for the relief sought in
this motion has ever been made; and due to the foregoing,
default judgment should be granted in favor of the plaintiff.
WHEREFORE, it is respectfully requested 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: Bronx, New York
October 31, 2018
CHARLES E. FINELLI
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
__
INDEX NO. 23753/2015
SARAH RODRIGUEZ,
Plaintiff,
AFFIRMATION OF E-
-against- FILING AND MAIL
SERVICE
CDC EAST 105TH STREET REALTY, L.P.,
Defendant.
STATE OF NEW YORK
COUNTY OF BRONX
Charles E. Finelli, an attorney admitted to practice law in the
State of New York, affirms the following under the penalties of perjury:
I am not a party to the action; I reside at Bronx, New York, and I
am over 18 years of age.
On the 7th I served the within Notice of
day of October, 2018,
Motion for Default Judgment, Supporting Affirmation and Supporting
Affidavit by e-filing and depositing a true copy thereof, enclosed in a
post-paid wrapper, in an official depository under the exclusive care
and custody of the United States Postal Service within New York State,
addressed to the following at the last known address set forth below:
EAST 105"
CDC STREET REALTY, L.P.
100 23rd 4th
West Street,
New York, New York 10011
111th
CDC STREET REALTY, L.P.
23rd 4th
100 West Street, F1OOr
New York, New York 10011
Dated: Bronx, New York
November 7, 2018
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NYSCEF DOC. NO. 5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No. 23753/2015
________________________________________________________________
SARAH RODRIGUEZ,
Plaintiff,
-against-
CDC EAST 105TH STREET REALTY, L.P., and
CDC lllth STREET REALTY, L.P.,
Defendants.
________________________________________________________________
_ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ - - - _ _ - - - _ _ - - - _ -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
NOTICE OF MOTION FOR DEFAULT JUDGMENT, SUPPORTING AFFIRMATION
and SUPPORTING AFFIDAVIT
- _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - _ _ _ - _ -
_ _ _ _ - _ _ _ _ _ _ - _ _ _ - _ _ _
LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
8 of 8
Preview
FILED: BRONX COUNTY CLERK 09/30/2022 08:36 PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/30/2022 EXHIBIT C FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. SARAH RODRIGUEZ, 30287/2017 Plaintiff, -against- NOTICE OF MOTION FOR DEFAULT CDC EAST 105TH STREET REALTY, L.P. and JUDGMENT CDC 111th STREET REALTY, L.P., Justice Defendants. Oral argument is not requested C O U N S E L O R S : PLEASE TAKE NOTICE, that upon the annexed affidavit of Sarah Rodriguez, sworn to the 30th day of October, 2018, the affirmation of Charles E. Finelli, dated the 22nd day of October, 2018, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move before this Court before the Motion Support Office, room 217, at the Courthouse located at 851 Grand Concourse, Bronx, New York on the 10th day of December, 2018 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can 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 defendants, on the issue of liability and setting the matter down for an inquest as to damages, for an award of costs, disbursements and reasonable attorney's fees, and for such other and further relief as to this Court may seem just and proper. 1 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 The above entitled action is for personal injuries. 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. Dated: Bronx, New York November 6, 2018 LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, LC By: CHARLES E. FINELLI Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 CDC EAST 105TH STREET REALTY, L.P. Defendant Pro Se 100 West 23rd Street, 4th floor New York, New York 10011 CDC 111th STREET REALTY, L.P. Defendant Pro Se 100 West 23rd Street, 4th floor New York, New York 10011 2 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ____ INDEX NO. SARAH RODRIGUEZ, 23753/2015 Plaintiff, -against- AFFIDAVIT IN SUPPORT CDC EAST 105TH STREET REALTY, L.P., and CDC 111th STREET REALTY, L.P., Defendants. STATE OF NEW YORK ss.: COUNTY OF BRONX SARAH RODRIGUEZ, being duly sworn, deposes and says: 1. I incorporate and support all the statements made in my attorney's accompanying Affirmation as if stated in full herein. 2. This affidavit is in support of motion for default judgment. 3. This is an action for personal injuries. A summons and complaint were served upon defendant on or about November 30, 2017. No answer has been interposed. 4. That on April 15, 2015, while delivering mail into mailboxes for the United States Postal Service, to the building located at 2018 Third Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York, a bulletin/wall board encased in glass above the mailboxes suddenly dislodged from the wall and hit me. 5. Based upon the foregoing, my attorney advises me I have a meritorious cause of action. 3 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 WHEREFORE, it is respectfully requested this motion be granted in its entirety, and for such other and further relief as to this Court seems just and proper, including the costs of this motion. SARAH RODRIGUEZ Sworn to before me this y of Novem , 2018 NOTARY PUBLIC CHARLES FINELLI Notary Public, State of New York No. 02Fl5037566,Qual. in Nassau Cert. Filed in New York Coun of Dommission Exoires Dec 27, 7 2 4 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. SARAH RODRIGUEZ, 23753/2015 Plaintiff, -against- AFFIRMATION IN SUPPORT CDC EAST 105TH STREET REALTY, L.P., and CDC 111th STREET REALTY, L.P., Defendants. Charles E. Finelli, an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: 1. I am the attorney of record for plaintiff, and as such am thoroughly conversant with the facts and circumstances 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 a judgment by default, as to the issue of liability, setting the matter down for an inquest as to damages, awarding 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. 3. This is an action for personal injuries. Plaintiff was a United States Postal Service employee delivering mail to defendants' building, located at 2018 Third Avenue a/k/a 188 East lllth Street, County of New York, City and State of New York, when a bulletin/wall board encased in glass above the 5 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 mailboxes suddenly dislodged from the wall and struck her. 4. A summons and complaint were served upon defendants on or about November 30, 2017. A copy of the summons and complaint is annexed hereto as Exhibit "A". The affidavits of service are annexed hereto as Exhibit "B". The time to appear and interpose an answer has now expired. 5. Defendants have not served an Answer or moved with respect to the Complaint herein, nor has its time to do so been extended. 6. Therefore, defendants are now in default. 7. Annexed hereto is the affidavit of Sarah Rodriguez, duly sworn to the 30th day of October, 2018, which sets forth the facts constituting the claim, the default, and the amount due. 8. That no previous application for the relief sought in this motion has ever been made; and due to the foregoing, default judgment should be granted in favor of the plaintiff. WHEREFORE, it is respectfully requested 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: Bronx, New York October 31, 2018 CHARLES E. FINELLI 2 6 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX __ INDEX NO. 23753/2015 SARAH RODRIGUEZ, Plaintiff, AFFIRMATION OF E- -against- FILING AND MAIL SERVICE CDC EAST 105TH STREET REALTY, L.P., Defendant. STATE OF NEW YORK COUNTY OF BRONX Charles E. Finelli, an attorney admitted to practice law in the State of New York, affirms the following under the penalties of perjury: I am not a party to the action; I reside at Bronx, New York, and I am over 18 years of age. On the 7th I served the within Notice of day of October, 2018, Motion for Default Judgment, Supporting Affirmation and Supporting Affidavit by e-filing and depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: EAST 105" CDC STREET REALTY, L.P. 100 23rd 4th West Street, New York, New York 10011 111th CDC STREET REALTY, L.P. 23rd 4th 100 West Street, F1OOr New York, New York 10011 Dated: Bronx, New York November 7, 2018 7 of 8 FILED: BRONX COUNTY CLERK 11/07/2018 09/30/2022 10:52 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 5 34 RECEIVED NYSCEF: 11/07/2018 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. 23753/2015 ________________________________________________________________ SARAH RODRIGUEZ, Plaintiff, -against- CDC EAST 105TH STREET REALTY, L.P., and CDC lllth STREET REALTY, L.P., Defendants. ________________________________________________________________ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ - - - _ _ - - - _ _ - - - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NOTICE OF MOTION FOR DEFAULT JUDGMENT, SUPPORTING AFFIRMATION and SUPPORTING AFFIDAVIT - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - _ _ _ - _ - _ _ _ _ - _ _ _ _ _ _ - _ _ _ - _ _ _ LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 8 of 8