Preview
FILED: BRONX COUNTY CLERK 09/30/2022 08:36 PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/30/2022
EXHIBIT N
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED NYSCEF: 08/31/2022
09/30/2022
For use of Clerk
:
:
:
: .... .. .. .... ..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_____________________________________________________
INDEX NO.
SARAH RODRIGUEZ, 30287/2017E
Plaintiff,
-against- NOTE OF ISSUE
CDC EAST 105TH STREET REALTY, L.P., Hon. Kim Adair Wilson
and CDC 111TH STREET REALTY, L.P.,
Defendants.
_____________________________________________________
NOTICE FOR TRIAL
_X. Jury Inquest demanded
___ Of all issues
_X. Of issues specified: Damages
___ Trial without jury
Filed by Attorney for: Plaintiff
Date Summons served - November 2017
30,
Date service completed - December 2017
7,
Date issue joined - N/A
NATURE OF ACTION OR SPECIAL PROCEEDING
_X. Tort
___ Motor vehicle negligence
___ Medical malpractice
_X. Other tort
___ Contract
___ Contested matrimonial
___ Uncontested matrimonial
___ Tax certiorari
___ Condemnation
___ Other (not itemized above)
___ This action is brought as a class action
___ This is a medical malpractice action: panel procedures
prescribed by the court rules pursuant to Judiciary Law
section 148-a
1 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED NYSCEF: 08/31/2022
09/30/2022
___ have been completed ___ have not been completed
Amount demanded - $5,000,000.00
Other relief -
Preference claimed under
Insurance if known - N/A
carrier(s),
Dated: Bronx, New York
August 31, 2022
_________________________________________
LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
By: Charles E. Finelli
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
To:
MICHELMAN & ROBINSON, LLP
Attorneys for Defendants
800 Third Avenue, 24th Floor
New York, New York 10022
(212) 730-7700
2 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED NYSCEF: 08/31/2022
09/30/2022
. For Clerk's Use
. CERTIFICATE OF READINESS N.I. served
. on
Completed Waived Not Required
1. All pleadings served X
2. Bill of Particulars served X
3. Physical examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the rules in mat-
rimonial actions (22 NYCRR 202.16) X
7. Discovery proceedings now known to
be necessary completed X
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the
foregoing proceedings.
10. There has been compliance with any order issued pursuant to
the precalendar rules (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance
with any order issued pursuant to 22 NYCRR 202.56.
12. The case is ready for inquest.
Dated: August 31, 2022
CWe 6 fed&
____________________________
Signature - type name below.
Charles E. Finelli
LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
3 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED
IND NYSCEF:
. 08/31/2022
09/30/2022
3C)289
08719/2022 10 55 A
M
NYSCEF DOC NO. 23 RECEI YSCE 9/2()22
COURT OF THE STATE OF NEW YORK
SUPREME
COUNTY OF BRONX, PART IA-12
Index Ne 30287/2017E
RODRIGUEZ, SARAH
H KIMADÁI WILSpU
agai
me
EAST 105TH STREET REALTY P and åstic£Sup
CDC
CDC311TH STREET REALTY,¾P.
nuinbered lhrough in NYSCEnwer ead Hi otio qü
helonoWiiig ers
RENEWE/REARCUE/RESETTLE/RECONSIDERno ced ofJUNE 0 20
ibks nd Affid h Ne
sti ðf M¬tien OrdeM6 Shô Caû
bplyi ffidwitâDdEkhibksM
thitm0tionisdecidedmaccordâñcewkh
Upontheforegomgpapers Msord redth
the annexed Deasion and Order
August 17,%022 Ho
ed
RI AIRWR$0 SE
DISPOSED IN ITS ENTIRETY CASE STU ACTlyE
CASE
CHE K O E
XO a DENIED O GRA TE)N PART a OTHER
. . GRANTED
AMOTION IS
D V511TbXDÈR O SCHEDULE APPEARA E
SETT;E ORDER
3 CHECKEAPPROPnlATE
a FIDUCIARY APPOINTMENT a REFEREE APPOINTMENT
1 of 4
4 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED
INDEX NYSCEF:
NO. 08/31/2022
09/30/2022
30287/2017E
FILED: BRONX COUNTY CLERK 08/19/2022 10:55 AM|
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX, NEW YORK : Part IA-12
_____________________________________________________________Ç
SARAH RODRIGUEZ,
Plaintiff, DECISION AND ORDER
Index No. 30287/2017E
-against- Motion Seq. #002
CDC EAST 105TH STREET L.P. HON. KIM ADAIR WILSON
REALTY,
and CDC 111th STREET J.S.C.
REALTY, L.P.,
Defendants.
___________________________________________________________Ç
Kim Adair Wilson,J.:
RENEW,"
"NOTICE OF MOTION FOR LEAVE TO dated and filed May 20, 2022,
respectively, by Charles E. Finelli, Esq. (Law Offices of Charles E. Finelli & Associates, PLLC),
counsel for plaintiff Sarah Rodriguez, seeks an "Order:
Pursuant to Section 2221(e) of the Civil Practice Law and Rules,
1.)
plaintiff leave to renew her Motion for Default Judgment dated
granting
November 6, 2018; and
Upon such renewal, plaintiff judgment by default against
2.) granting
defendants; and
this matter down for an immediate inquest of damages; and
3.) Setting
plaintiff such other, further, and/or different relief as this
4.) Granting
proper."
Court may deem just and
JUDGMENT,"
previous "NOTICE OF MOTION FOR DEFAULT dated November 6,
By
2018 and filed November7, 2018, plaintiff's counsel sought entry of a default judgment
105th L.P. and CDC 111th Street L.P.
against defendants CDC East Street Realty, Realty, By
Honorable Robert T. Johnson1 denied the
Decision and Order dated June 3, 2019, the
plaintiff's motion, stating the following in pertinent part:
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 plaintiff's motion, the motion is denied without prejudice to a
papers..."
new motion supported by proper
1 Thismatter has been reassigned from JusticeJohnson to thisCourt,
Page 1 of3
2 of 4
5 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED
INDEX NYSCEF:
NO. 08/31/2022
09/30/2022
30287/2017E
FILED : BRONX COUNTY CLERK 1 :
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022
Now, in the instant motion, plaintiff Rodriguez, pursuant to CPLR §2221(e), seeks
leave to renew her motion for a default judgment against the defendants. No opposition
papers are submitted. Plaintiffs motion is decided as set forth below.
CPLR 2221(e) states the following in relevant part:
A motion for leave to renew:
1. shall be identified specifically as such;
2. shall be based upon new facts not offered on the prior motion that would
change the prior determination or shall demonstrate that there has been a
change in the law that would change the prior determination; and
3. shall contain reasonable justification for the failure to present such facts
on the prior motion.
Plaintiffs counsel states that his failure to provide proof of the additional mailings
required pursuant to CPLR 3215(g)(4) in his prior motion was the result of a clerical error.
Plaintiff now provides proof of those mailings2 to defendants CDC 111th Street L.P.
Realty,
and.CDC East 105th Street respectively. Also proffered are proof of
Realty, L.P., recent
mailings to both defendants in the form of a letter addressed to CDC East 105th Street Realty,
SERVICE,"
L.P., dated May 4, 2022; and an "AFFIRMATION OF dated May 20, 2022, from
plaintiffs counsel stating that he both e-filed and mailed the Notice of Motion and supporting
papers to both defendants. Plaintiffs application for leave to renew is GRANTED.
The plaintiff seeks of a default judgment against defendants CDC 111th Street
entry
L.P. and CDC East 105th Street L.P. CPLR in pertinent
Realty, Realty, §3215[a] provides, part,
that "[w]hen a defendant has failed to appear, plead or proceed to trial of an action reached
and called for trial,or when the court orders a dismissal for any other neglect to proceed, the
him."
plaintiff may seek a default judgment against CPLR § 3215[f] requires the movant for
a default judgment file,by affidavit, proof of service of the summons and complaint and, of
the facts constituting the claim. Here, the plaintiff proffers the requisite affidavits of service
upon and proof of mailing to the defendants and plaintiffs affidavit of facts constituting the
claim. By affidavit, dated November 7, 2018, plaintiff Rodriguez attests that on April 15,
2015, she was delivering mail for the United States Postal Service to 2018 Third Avenue
a/k/a 188 East 111th Street in New York when "a bulletin/wall board encased in
County,
[her]"
glass above the mailboxes suddenly dislodged from wall and hit causing her to sustain
personal injuries.
2 Plaintiff dated December that the and
annexes an Affidavitof Service, 6, 2017, showing Summons
inter CDC East 105thStreet on November 2017
Complaint, was
alia, served upon defendant Realty,LP., 30, viathe
Secretary of State;
and noticelettersfrom counsel
plaintiff's were mailed, viacertifiedand regularmail on December
20, 2017 and December 21, 2017. An AffidavitofService,also dated December 6, 2017,showing thatthe Summons
and Complaint, inter was
alia, served upon defendant CDC 111th StreetRealty, on
L.P., November 30, 2017, viathe
Secretary of State,and two notice lettersfrom plaintiff's
counsel were mailed to the defendant at two different
addresses, viacertifiedand regular mail,on December 21, 2017.
Page 2 of3
3 of 4
6 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF
FILED DOC.
:
NO.
BRONX 25
45 COUNTY CLERK 08/19/2022 10: 55
RECEIVED
INDEX NYSCEF:
NO. 08/31/2022
09/30/2022
30287/2017E
AM|
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022
This Court notes that it has not addressed the issue of whether plaintiff Rodriguez
injuries"
sustained "serious within the meaning of Insurance Law §5102(d).
Upon review and an analysis of statutory authority, relevant case law, the papers
submitted and the record, this Court determines that the plaintiff's proffered evidence
satisfies the statutory criteria necessary for the entry of a default judgment against both
defendants, respectively.
Accordingly, itis hereby
ORDERED, that the Clerk of the Court is directed to enter a default judgment
defendants CDC East 105th Street L.P. and CDC 111th street
against Realty, Realty, L.P.;
and itis further
ORDERED, that plaintiff shall pay the appropriate fees, and the Clerk of the Court
shall place this matter on the appropriate trial calendar for an inquest and an
assessment of damages against both defendants, and to notify the parties of the date,
time, and location of such appearance.
Plaintiff/Movant is directed to serve a copy of this Order with Notice of Entry upon
the parties within thirty (30) days of entry of this Order, and fileproof of service with the
Court.
This constitutes the Decision and Order of this Court.
Dated: August 17, 2022
Bronx, New York /M
Hon. Ki dair Wilson,I.S.C.
Page 3 of3
4 of 4
7 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED NYSCEF: 08/31/2022
09/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_____________________________________________________
INDEX NO.
SARAH RODRIGUEZ, 30287/2017E
Plaintiff,
-against- AFFIRMATION OF
SERVICE
CDC EAST 105TH STREET REALTY, L.P.,
and CDC 111TH STREET REALTY, L.P.,
Defendants.
_____________________________________________________
STATE OF NEW YORK
COUNTY OF BRONX, ss.:
Charles E. Finelli, an attorney admitted to practice law in the State of New
York, affirms the following under the perialties of perjury:
On August 31, 2022, the within Note of Issue and Certificate of Readiness
were duly served:
[X] By filing same electronically with the NYSCEF system;
[ ] By 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:
MICHELMAN & ROBINSON, LLP
800 Third Avenue, 24th Floor
New York, New York 10022
Dated: Bronx, New York
August 31, 2022
CHARLES E. FINELLI
8 of 9
FILED: BRONX COUNTY CLERK 08/31/2022
09/30/2022 08:47
08:36 AM
PM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 25
45 RECEIVED NYSCEF: 08/31/2022
09/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No. 30287/2017E
_ _ - _--_- _ _- _- _ - _ _ ____ _ - _ _ _ _
SARAH RODRIGUEZ,
Plaintiff,
-against-
CDC EAST 105TH STREET REALTY, L.P.,
and CDC 111TH STREET REALTY, L.P.,
Defendants.
NOTE OF ISSUE & CERTIFICATE OF READINESS FOR INQUEST
LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC
Attorney for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
9 of 9
Preview
FILED: BRONX COUNTY CLERK 09/30/2022 08:36 PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/30/2022 EXHIBIT N FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED NYSCEF: 08/31/2022 09/30/2022 For use of Clerk : : : : .... .. .. .... .. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________________ INDEX NO. SARAH RODRIGUEZ, 30287/2017E Plaintiff, -against- NOTE OF ISSUE CDC EAST 105TH STREET REALTY, L.P., Hon. Kim Adair Wilson and CDC 111TH STREET REALTY, L.P., Defendants. _____________________________________________________ NOTICE FOR TRIAL _X. Jury Inquest demanded ___ Of all issues _X. Of issues specified: Damages ___ Trial without jury Filed by Attorney for: Plaintiff Date Summons served - November 2017 30, Date service completed - December 2017 7, Date issue joined - N/A NATURE OF ACTION OR SPECIAL PROCEEDING _X. Tort ___ Motor vehicle negligence ___ Medical malpractice _X. Other tort ___ Contract ___ Contested matrimonial ___ Uncontested matrimonial ___ Tax certiorari ___ Condemnation ___ Other (not itemized above) ___ This action is brought as a class action ___ This is a medical malpractice action: panel procedures prescribed by the court rules pursuant to Judiciary Law section 148-a 1 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED NYSCEF: 08/31/2022 09/30/2022 ___ have been completed ___ have not been completed Amount demanded - $5,000,000.00 Other relief - Preference claimed under Insurance if known - N/A carrier(s), Dated: Bronx, New York August 31, 2022 _________________________________________ LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC By: Charles E. Finelli Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 To: MICHELMAN & ROBINSON, LLP Attorneys for Defendants 800 Third Avenue, 24th Floor New York, New York 10022 (212) 730-7700 2 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED NYSCEF: 08/31/2022 09/30/2022 . For Clerk's Use . CERTIFICATE OF READINESS N.I. served . on Completed Waived Not Required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the rules in mat- rimonial actions (22 NYCRR 202.16) X 7. Discovery proceedings now known to be necessary completed X 8. There are no outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the precalendar rules (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for inquest. Dated: August 31, 2022 CWe 6 fed& ____________________________ Signature - type name below. Charles E. Finelli LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 3 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED IND NYSCEF: . 08/31/2022 09/30/2022 3C)289 08719/2022 10 55 A M NYSCEF DOC NO. 23 RECEI YSCE 9/2()22 COURT OF THE STATE OF NEW YORK SUPREME COUNTY OF BRONX, PART IA-12 Index Ne 30287/2017E RODRIGUEZ, SARAH H KIMADÁI WILSpU agai me EAST 105TH STREET REALTY P and åstic£Sup CDC CDC311TH STREET REALTY,¾P. nuinbered lhrough in NYSCEnwer ead Hi otio qü helonoWiiig ers RENEWE/REARCUE/RESETTLE/RECONSIDERno ced ofJUNE 0 20 ibks nd Affid h Ne sti ðf M¬tien OrdeM6 Shô Caû bplyi ffidwitâDdEkhibksM thitm0tionisdecidedmaccordâñcewkh Upontheforegomgpapers Msord redth the annexed Deasion and Order August 17,%022 Ho ed RI AIRWR$0 SE DISPOSED IN ITS ENTIRETY CASE STU ACTlyE CASE CHE K O E XO a DENIED O GRA TE)N PART a OTHER . . GRANTED AMOTION IS D V511TbXDÈR O SCHEDULE APPEARA E SETT;E ORDER 3 CHECKEAPPROPnlATE a FIDUCIARY APPOINTMENT a REFEREE APPOINTMENT 1 of 4 4 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED INDEX NYSCEF: NO. 08/31/2022 09/30/2022 30287/2017E FILED: BRONX COUNTY CLERK 08/19/2022 10:55 AM| NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, NEW YORK : Part IA-12 _____________________________________________________________Ç SARAH RODRIGUEZ, Plaintiff, DECISION AND ORDER Index No. 30287/2017E -against- Motion Seq. #002 CDC EAST 105TH STREET L.P. HON. KIM ADAIR WILSON REALTY, and CDC 111th STREET J.S.C. REALTY, L.P., Defendants. ___________________________________________________________Ç Kim Adair Wilson,J.: RENEW," "NOTICE OF MOTION FOR LEAVE TO dated and filed May 20, 2022, respectively, by Charles E. Finelli, Esq. (Law Offices of Charles E. Finelli & Associates, PLLC), counsel for plaintiff Sarah Rodriguez, seeks an "Order: Pursuant to Section 2221(e) of the Civil Practice Law and Rules, 1.) plaintiff leave to renew her Motion for Default Judgment dated granting November 6, 2018; and Upon such renewal, plaintiff judgment by default against 2.) granting defendants; and this matter down for an immediate inquest of damages; and 3.) Setting plaintiff such other, further, and/or different relief as this 4.) Granting proper." Court may deem just and JUDGMENT," previous "NOTICE OF MOTION FOR DEFAULT dated November 6, By 2018 and filed November7, 2018, plaintiff's counsel sought entry of a default judgment 105th L.P. and CDC 111th Street L.P. against defendants CDC East Street Realty, Realty, By Honorable Robert T. Johnson1 denied the Decision and Order dated June 3, 2019, the plaintiff's motion, stating the following in pertinent part: 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 plaintiff's motion, the motion is denied without prejudice to a papers..." new motion supported by proper 1 Thismatter has been reassigned from JusticeJohnson to thisCourt, Page 1 of3 2 of 4 5 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED INDEX NYSCEF: NO. 08/31/2022 09/30/2022 30287/2017E FILED : BRONX COUNTY CLERK 1 : NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022 Now, in the instant motion, plaintiff Rodriguez, pursuant to CPLR §2221(e), seeks leave to renew her motion for a default judgment against the defendants. No opposition papers are submitted. Plaintiffs motion is decided as set forth below. CPLR 2221(e) states the following in relevant part: A motion for leave to renew: 1. shall be identified specifically as such; 2. shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination; and 3. shall contain reasonable justification for the failure to present such facts on the prior motion. Plaintiffs counsel states that his failure to provide proof of the additional mailings required pursuant to CPLR 3215(g)(4) in his prior motion was the result of a clerical error. Plaintiff now provides proof of those mailings2 to defendants CDC 111th Street L.P. Realty, and.CDC East 105th Street respectively. Also proffered are proof of Realty, L.P., recent mailings to both defendants in the form of a letter addressed to CDC East 105th Street Realty, SERVICE," L.P., dated May 4, 2022; and an "AFFIRMATION OF dated May 20, 2022, from plaintiffs counsel stating that he both e-filed and mailed the Notice of Motion and supporting papers to both defendants. Plaintiffs application for leave to renew is GRANTED. The plaintiff seeks of a default judgment against defendants CDC 111th Street entry L.P. and CDC East 105th Street L.P. CPLR in pertinent Realty, Realty, §3215[a] provides, part, that "[w]hen a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial,or when the court orders a dismissal for any other neglect to proceed, the him." plaintiff may seek a default judgment against CPLR § 3215[f] requires the movant for a default judgment file,by affidavit, proof of service of the summons and complaint and, of the facts constituting the claim. Here, the plaintiff proffers the requisite affidavits of service upon and proof of mailing to the defendants and plaintiffs affidavit of facts constituting the claim. By affidavit, dated November 7, 2018, plaintiff Rodriguez attests that on April 15, 2015, she was delivering mail for the United States Postal Service to 2018 Third Avenue a/k/a 188 East 111th Street in New York when "a bulletin/wall board encased in County, [her]" glass above the mailboxes suddenly dislodged from wall and hit causing her to sustain personal injuries. 2 Plaintiff dated December that the and annexes an Affidavitof Service, 6, 2017, showing Summons inter CDC East 105thStreet on November 2017 Complaint, was alia, served upon defendant Realty,LP., 30, viathe Secretary of State; and noticelettersfrom counsel plaintiff's were mailed, viacertifiedand regularmail on December 20, 2017 and December 21, 2017. An AffidavitofService,also dated December 6, 2017,showing thatthe Summons and Complaint, inter was alia, served upon defendant CDC 111th StreetRealty, on L.P., November 30, 2017, viathe Secretary of State,and two notice lettersfrom plaintiff's counsel were mailed to the defendant at two different addresses, viacertifiedand regular mail,on December 21, 2017. Page 2 of3 3 of 4 6 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF FILED DOC. : NO. BRONX 25 45 COUNTY CLERK 08/19/2022 10: 55 RECEIVED INDEX NYSCEF: NO. 08/31/2022 09/30/2022 30287/2017E AM| NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/19/2022 This Court notes that it has not addressed the issue of whether plaintiff Rodriguez injuries" sustained "serious within the meaning of Insurance Law §5102(d). Upon review and an analysis of statutory authority, relevant case law, the papers submitted and the record, this Court determines that the plaintiff's proffered evidence satisfies the statutory criteria necessary for the entry of a default judgment against both defendants, respectively. Accordingly, itis hereby ORDERED, that the Clerk of the Court is directed to enter a default judgment defendants CDC East 105th Street L.P. and CDC 111th street against Realty, Realty, L.P.; and itis further ORDERED, that plaintiff shall pay the appropriate fees, and the Clerk of the Court shall place this matter on the appropriate trial calendar for an inquest and an assessment of damages against both defendants, and to notify the parties of the date, time, and location of such appearance. Plaintiff/Movant is directed to serve a copy of this Order with Notice of Entry upon the parties within thirty (30) days of entry of this Order, and fileproof of service with the Court. This constitutes the Decision and Order of this Court. Dated: August 17, 2022 Bronx, New York /M Hon. Ki dair Wilson,I.S.C. Page 3 of3 4 of 4 7 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED NYSCEF: 08/31/2022 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________________ INDEX NO. SARAH RODRIGUEZ, 30287/2017E Plaintiff, -against- AFFIRMATION OF SERVICE CDC EAST 105TH STREET REALTY, L.P., and CDC 111TH STREET REALTY, L.P., Defendants. _____________________________________________________ STATE OF NEW YORK COUNTY OF BRONX, ss.: Charles E. Finelli, an attorney admitted to practice law in the State of New York, affirms the following under the perialties of perjury: On August 31, 2022, the within Note of Issue and Certificate of Readiness were duly served: [X] By filing same electronically with the NYSCEF system; [ ] By 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: MICHELMAN & ROBINSON, LLP 800 Third Avenue, 24th Floor New York, New York 10022 Dated: Bronx, New York August 31, 2022 CHARLES E. FINELLI 8 of 9 FILED: BRONX COUNTY CLERK 08/31/2022 09/30/2022 08:47 08:36 AM PM INDEX NO. 30287/2017E NYSCEF DOC. NO. 25 45 RECEIVED NYSCEF: 08/31/2022 09/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. 30287/2017E _ _ - _--_- _ _- _- _ - _ _ ____ _ - _ _ _ _ SARAH RODRIGUEZ, Plaintiff, -against- CDC EAST 105TH STREET REALTY, L.P., and CDC 111TH STREET REALTY, L.P., Defendants. NOTE OF ISSUE & CERTIFICATE OF READINESS FOR INQUEST LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorney for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 9 of 9