On September 03, 2021 a
Order
was filed
involving a dispute between
Lydia Detres,
and
26 Motors Corp.,
John Doe,
for Torts - Motor Vehicle
in the District Court of Bronx County.
Preview
(FILED: BRONX COUNTY CLERK 0373072022 12:00 PM INDEX NO. 812019/2021E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX, PART 14
LYDIA DETRES, Index Ne. 812019/2021E
Plaintiff,
-against- Hon. Bianka Perez
26 MOTORS CORP., Justice Supreme Court
Defendants.
ween eee xX
The following were read on this motion (Seq 1) noticed and submitted on January 27, 2022.
Notice of Motion - Order to Show Cause - Exhibits and Affidavits Nyscef No(s). 3-11
Annexed
Answering Affidavit and Exhibits Nyscef No(s).
Reply Affidavit and Exhibits Nyscef No(s).
Upon the foregoing papers, plaintiff's motion for a default judgment against defendant
ased upon their failure to answer the complaint or otherwise appear in the action is granted since
plaintiff demonstrated the preconditions to relief under CPLR 3215- - proof of service of the
summons and complaint, proof of defendant’s default and proof of the facts constituting plaintiff's
claims.
Accordingly, it is hereby
ORDERED, that the motion by plaintiff for a default judgment against defendant, 26
MOTORS CORP., is granted, without opposition, and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment as to liability in
favor of plaintiff against defendants, and it is further
ORDERED, that upon proof of service of a copy of this Order with Notice of Entry, by
certified mail, return receipt requested upon all parties, plaintiff may file a note of issue for
inquest and pay the necessary fees therefor, if any, with the Clerk, and it is further
ORD!
RED, that at the inquest, plaintiff shall have the burden of demonstrating that they
sustained a "serious injury" within the meaning of Insurance Law § 5102(d).
This constitutes the decision and order of the Court.
Dated: March 28, 2022 Hon. /3&. 7
BIANKA PEREZ, J.S.C.
1 of 2(FILED: BRONX COUNTY CLERK 0373072022 12:00 PM) INDEX NO. 812019/2021E
NYSCEF DOC. NO.
13
RECEIVED NYSCEF: 03/30/2022
TS veesecsecstessesseeseessseeneeseeseeeseesneese
3. CHECK IF
APPROPRIATE.
O CASE DISPOSED IN ITS ENTIRETY O CASE STILL ACTIVE
O GRANTED O DENIED O GRANTED IN PART O OTHER
O SETTLE ORDER O1 SUBMIT ORDER O SCHEDULE
APPEARANCE
O FIDUCIARY APPOINTMENT O REFEREE APPOINTMENT
2 of 2
Document Filed Date
March 30, 2022
Case Filing Date
September 03, 2021
Category
Torts - Motor Vehicle
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(FILED: BRONX COUNTY CLERK 0373072022 12:00 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, PART 14 LYDIA DETRES, Index Ne. 812019/2021E Plaintiff, -against- Hon. Bianka Perez 26 MOTORS CORP., Justice Supreme Court Defendants. ween eee xX The following were read on this motion (Seq 1) noticed and submitted on January 27, 2022. Notice of Motion - Order to Show Cause - Exhibits and Affidavits Nyscef No(s). 3-11 Annexed Answering Affidavit and Exhibits Nyscef No(s). Reply Affidavit and Exhibits Nyscef No(s). Upon the foregoing papers, plaintiff's motion for a default judgment against defendant ased upon their failure to answer the complaint or otherwise appear in the action is granted since plaintiff demonstrated the preconditions to relief under CPLR 3215- - proof of service of the summons and complaint, proof of defendant’s default and proof of the facts constituting plaintiff's claims. Accordingly, it is hereby ORDERED, that the motion by plaintiff for a default judgment against defendant, 26 MOTORS CORP., is granted, without opposition, and it is further ORDERED, that the Clerk of the Court is directed to enter judgment as to liability in favor of plaintiff against defendants, and it is further ORDERED, that upon proof of service of a copy of this Order with Notice of Entry, by certified mail, return receipt requested upon all parties, plaintiff may file a note of issue for inquest and pay the necessary fees therefor, if any, with the Clerk, and it is further ORD! RED, that at the inquest, plaintiff shall have the burden of demonstrating that they sustained a "serious injury" within the meaning of Insurance Law § 5102(d). This constitutes the decision and order of the Court. Dated: March 28, 2022 Hon. /3&. 7 BIANKA PEREZ, J.S.C. 1 of 2(FILED: BRONX COUNTY CLERK 0373072022 12:00 PM) INDEX NO. 812019/2021E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/30/2022 TS veesecsecstessesseeseessseeneeseeseeeseesneese 3. CHECK IF APPROPRIATE. O CASE DISPOSED IN ITS ENTIRETY O CASE STILL ACTIVE O GRANTED O DENIED O GRANTED IN PART O OTHER O SETTLE ORDER O1 SUBMIT ORDER O SCHEDULE APPEARANCE O FIDUCIARY APPOINTMENT O REFEREE APPOINTMENT 2 of 2