Party Statement: Mintaka Financial, Llc v. Cuzin'S Duzin Corp, Todd L. Jones

• 
• 
• 
• 

						
                                
Preview
                                FILED:         QUEENS        COUNTY         CLERK        09/14/2021             04:41       PM                     INDEX    NO.   702243/2021
   NYSCEF     DOC.   NO.   8                                                                                 RECEIVED      NYSCEF:     09/14/2021




                    SUPREME        COURT     OF   THE    STATE     OF  NEW     YORK
                    COUNTY       OF   QUEENS
                                                                                                 AFFIRMATION           OF
                    Mintaka    Financial,  LLC,                                                  REGULARITY           AD
                                                                                                 DEFAULT


                                                        Plaintiff,                               Index  No.  702243/2021


                             -against-




                    Cuzin's   Duzin   Corp.;  Todd   L.  Jones,

                                                        Defendants.

                                              __




                           John   A.  DiCaro,   Esq.,  an  attorney  at law,  duly  admitted   to practice  before   the Courts   of


                  the  State  of New   York,   pursuant   to CPLR     §2106,  affirms   as follows:


                            1.  I am  a member     attorney   affiliated with  the  Law   Firm  of  LOGS    Legal   Group   LLP,   the


                  attoumyo    of record   for Plaintiff  in the above-captioned      action.  As  such,  I am  fully familiar   with


                  the  facts and  circestañces      underlying    this action.   I make  this  affirmation   in support   of default


                  judgmcat    agaiñst   the Defendants     and  the entry  of a judgment    roll.


                           2.   Based   upon   the affidavits  of service   filed in this action  and   annexed   hereto,  all


                  Defendants     were  served   in accordance    with  the  CPLR.


                           3.   Pursuant   to a review   of the  records  maintained    by  the  undersigned    attorneys   for



                  Plaintiff,  an  answer  has  not  been  received   from   either Defandant     and  therefore  Plaintiff  is



                  entitled  to default  judgment.


                           4.   The  Verified   Co-plaiñt    specifically   sets forth  a good   cause  of action.   The  Cemplaiñt


                  is lawfully   verified  by  Quentin   P. Cote,  President   of  Plaintiff. The  complaint    sets forth  the sums


                  due  to Plaintiff  and  that Defandants     are in default  of paymeñt     pursuant   to the terms   of the


                  agreement.




                  20-088873                               Affirmation of Regü:ârity and Default                             Page  1 of2



                                                                        1  of   2
   FILED:         QUEENS        COUNTY         CLERK        09/14/2021             04:41       PM                     INDEX    NO.   702243/2021
   NYSCEF     DOC.   NO.   8                                                                                 RECEIVED      NYSCEF:    09/14/2021




                            5.  That  pursuant   to CPLR     3215(f)   an  affidavit from   Plaintiff's representative    is not


                   required  to be  submitted    with  this application,   as this statute  provides:   "Where    a verified


                   complaint   has  been  served,   itmay   be used   as the  affidavit  of the facts  constituting   the claim  and


                  the  amount    due;  in such  case,  an  affidavit as to the  default  shall be  made   by  the party  of  the


                            attorney."
                  party's


                            6.  In addition,   notice  was  provided    to Cuzin's   Duzin   Corp.  that  service  was  effectuated


                  pursuant    to Business   Corporations     Law   section  306(b).  A  copy   of the  notice  and  affidavit  of



                  mailing   are  annexed    hereto.


                            7.  All  of the proceedings    herein   have  been   regular  and  in conformity    with  the  rules and


                  practice   of this court.



                            WHEREFORE,         deponent    requests   that relief requested   herein  be  granted,   to wit: (1) the



                  entry  of default  judgment     in favor  of Plaintiff  and  against  Defendants,    Cuzin's   Duzin    Corp.  and


                  Todd    L. Jones,  for the  relief demanded     in the complaint    upon   their default  in answer;   (2)  that


                  Plaintiff  have  a money    judgment    against   Defendants    in the  amount   of  $78,454.39.




                  DATED:       September     10, 2021


                                                                         ohn     . DiCaro,   Esq.

                                                                        Reg    nal  Managing     Partner

                                                                            GS   LEGAL     GROUP      LLP

                                                                        Attorneys    for Plaintiff
                                                                        175  Mile   Crossing   Boulevard

                                                                        Rochester,    New   York   14624

                                                                        (585)  247-9000

                                                                        Fax:  (585)  247-7380




                  20-088873                               Affirmation of Regularity and Default                             Page 2 of 2



                                                                        2  of   2