Preview
FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
___________________________________________________X
FEC-DRY LLC., GOLDEN CORRAL 360, INC.
Plaintiffs
AFFIRMATION OF
-against- REGULARITY IN SUPPORT OF
MOTION FOR DEFAULT
BLACK MAGNET ENTERPRISES, INC., JUDGMENT
CHARLES McNEILL, NOELA McNEILL,
THERESA SALMON, CLEON WEBSTER, Index No. EF008138-2021
BRENDA BELMONT
Defendants.
__________________________________________________X
STATE OF NEW YORK:
SS:
COUNTY OF ORANGE:
TREVOR R. MARTIN, ESQ., under penalty of perjury hereby affirms:
1. I am an attorney duly admitted to the practice of law in the State of New York and
I am the attorney for the Plaintiffs herein. As such, I am fully familiar with the facts and
circumstances of this matter.
2. I make this affirmation in Support of Plaintiffs’ Motion for Default Judgment
against Defendants BLACK MAGNET ENTERPRISES, INC., CHARLES McNEILL, NOELA
McNEILL, THERESA SALMON, CLEON WEBSTER, and BRENDA BELMONT.
3. This action was commenced by the filing of a Verified Summons and Complaint
in the Orange County Clerk’s office on December 15, 2021. Please find the same annexed
hereto as Exhibit A.
4. Plaintiffs duly served all Defendants using due diligence and in accordance with
the law as set forth in the Affidavit of Services filed in this matter on February 15, 2022 at
NYCEF document numbers 6–11.
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FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022
5. More specifically, Plaintiffs served Defendant Black Magnet Enterprises, Inc.
through an agent for service designated under New York State Business Corporation Law § 307
on January 7, 2022. Please find the Affidavit of Service of Mark E. McClosky annexed hereto as
Exhibit B.
6. Plaintiffs served Defendant Charles McNeill on December 21, 2021. Please find
the Affidavit of Service of Peter Feldman annexed hereto as Exhibit C.
7. Plaintiffs served Defendant Noella McNeill on December 21, 2021. Please find
the Affidavit of Service of Peter Feldman annexed hereto as Exhibit D.
8. Plaintiffs served Defendant Theresa Salmon on January 1, 2022. Please find the
Affidavit of Service of Peter Feldman annexed hereto as Exhibit E.
9. Plaintiffs served Defendant Cleon Webster on December 23, 2021. Please find
the Affidavit of Service of Peter Feldman annexed hereto as Exhibit F.
10. Plaintiffs served Defendant Brenda Belmont on December 23, 2021. Please find
the Affidavit of Service of Peter Feldman annexed hereto as Exhibit G.
11. To date, none of the Defendants have served an Answer or moved this Court to
extend the time in which to serve an Answer.
12. After service was complete, counsel for all Defendants, Joseph A. Chang, Esq. of
Alsaidi Chang Hamdan LLC, contacted Plaintiffs to request a one-time extension of their time to
answer up to March 15, 2022. Plaintiffs assented and Attorney Chang filed a Stipulation
Extending Time to Answer at NYCEF Document number 12. Please find the same annexed
hereto as Exhibit H.
13. As a result of Attorney Chang’s contact with my office, we can be sure that
Defendants are aware of the instant action, and yet have not answered.
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FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022
14. Defendants’ time to answer as not been otherwise extended beyond March 15,
2022.
15. The Defendants are now in default.
16. This is the first request for the relief sought herein.
WHEREFORE, your affirmant respectfully requests:
i. AN ORDER directing entry of judgment in favor of Plaintiff and against
Defendant, BLACK MAGNET ENTERPRISES, INC., CHARLES McNEILL,
NOELA McNEILL, THERESA SALMON, CLEON WEBSTER, and BRENDA
BELMONT in the amount of $325,000.00 stemming from Defendants’ material
breach of contract by failing to pay as required thereunder; and
ii. AN ORDER granting Plaintiffs consequential damages from Defendant’s
material breach of contract in an amount to be proven following an inquest; and
iii. TOGETHER WITH, such other and further relief as to this Court seems just
and proper under the circumstances.
DATED: Middletown, New York
September 8, 2022
GILBERT & MARTIN LLP
BY:____________________
TREVOR R. MARTIN, ESQ.
Attorneys for Plaintiff
45-47 Wickham Avenue
Middletown, NY 10940
(845) 342-1155
TO: JOSEPH A. CHANG, ESQ.
Alsaidi Chang Hamdan LLC
Attorneys for Defendants
1089 Main Street
Suite 502, Fifth Floor
Paterson, New Jersey 07503
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Preview
FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ___________________________________________________X FEC-DRY LLC., GOLDEN CORRAL 360, INC. Plaintiffs AFFIRMATION OF -against- REGULARITY IN SUPPORT OF MOTION FOR DEFAULT BLACK MAGNET ENTERPRISES, INC., JUDGMENT CHARLES McNEILL, NOELA McNEILL, THERESA SALMON, CLEON WEBSTER, Index No. EF008138-2021 BRENDA BELMONT Defendants. __________________________________________________X STATE OF NEW YORK: SS: COUNTY OF ORANGE: TREVOR R. MARTIN, ESQ., under penalty of perjury hereby affirms: 1. I am an attorney duly admitted to the practice of law in the State of New York and I am the attorney for the Plaintiffs herein. As such, I am fully familiar with the facts and circumstances of this matter. 2. I make this affirmation in Support of Plaintiffs’ Motion for Default Judgment against Defendants BLACK MAGNET ENTERPRISES, INC., CHARLES McNEILL, NOELA McNEILL, THERESA SALMON, CLEON WEBSTER, and BRENDA BELMONT. 3. This action was commenced by the filing of a Verified Summons and Complaint in the Orange County Clerk’s office on December 15, 2021. Please find the same annexed hereto as Exhibit A. 4. Plaintiffs duly served all Defendants using due diligence and in accordance with the law as set forth in the Affidavit of Services filed in this matter on February 15, 2022 at NYCEF document numbers 6–11. 1 1 of 3 FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022 5. More specifically, Plaintiffs served Defendant Black Magnet Enterprises, Inc. through an agent for service designated under New York State Business Corporation Law § 307 on January 7, 2022. Please find the Affidavit of Service of Mark E. McClosky annexed hereto as Exhibit B. 6. Plaintiffs served Defendant Charles McNeill on December 21, 2021. Please find the Affidavit of Service of Peter Feldman annexed hereto as Exhibit C. 7. Plaintiffs served Defendant Noella McNeill on December 21, 2021. Please find the Affidavit of Service of Peter Feldman annexed hereto as Exhibit D. 8. Plaintiffs served Defendant Theresa Salmon on January 1, 2022. Please find the Affidavit of Service of Peter Feldman annexed hereto as Exhibit E. 9. Plaintiffs served Defendant Cleon Webster on December 23, 2021. Please find the Affidavit of Service of Peter Feldman annexed hereto as Exhibit F. 10. Plaintiffs served Defendant Brenda Belmont on December 23, 2021. Please find the Affidavit of Service of Peter Feldman annexed hereto as Exhibit G. 11. To date, none of the Defendants have served an Answer or moved this Court to extend the time in which to serve an Answer. 12. After service was complete, counsel for all Defendants, Joseph A. Chang, Esq. of Alsaidi Chang Hamdan LLC, contacted Plaintiffs to request a one-time extension of their time to answer up to March 15, 2022. Plaintiffs assented and Attorney Chang filed a Stipulation Extending Time to Answer at NYCEF Document number 12. Please find the same annexed hereto as Exhibit H. 13. As a result of Attorney Chang’s contact with my office, we can be sure that Defendants are aware of the instant action, and yet have not answered. 2 2 of 3 FILED: ORANGE COUNTY CLERK 09/08/2022 03:48 PM INDEX NO. EF008138-2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/08/2022 14. Defendants’ time to answer as not been otherwise extended beyond March 15, 2022. 15. The Defendants are now in default. 16. This is the first request for the relief sought herein. WHEREFORE, your affirmant respectfully requests: i. AN ORDER directing entry of judgment in favor of Plaintiff and against Defendant, BLACK MAGNET ENTERPRISES, INC., CHARLES McNEILL, NOELA McNEILL, THERESA SALMON, CLEON WEBSTER, and BRENDA BELMONT in the amount of $325,000.00 stemming from Defendants’ material breach of contract by failing to pay as required thereunder; and ii. AN ORDER granting Plaintiffs consequential damages from Defendant’s material breach of contract in an amount to be proven following an inquest; and iii. TOGETHER WITH, such other and further relief as to this Court seems just and proper under the circumstances. DATED: Middletown, New York September 8, 2022 GILBERT & MARTIN LLP BY:____________________ TREVOR R. MARTIN, ESQ. Attorneys for Plaintiff 45-47 Wickham Avenue Middletown, NY 10940 (845) 342-1155 TO: JOSEPH A. CHANG, ESQ. Alsaidi Chang Hamdan LLC Attorneys for Defendants 1089 Main Street Suite 502, Fifth Floor Paterson, New Jersey 07503 3 3 of 3