On September 06, 2022 a
Party Statement
was filed
involving a dispute between
Northern Murray Equity, Inc.,
and
Rocco Del Greco,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
NORTHERN MURRAY EQUITY, INC.,
AFFIDAVIT
Plaintiff,
Index No.: 653237/2022
-against-
ROCCO DEL GRECO,
Defendant.
X
STATE OF NEW YORK )
)SS.:
COUNTY OF NASSAU )
CHING LIANG CHIANG being duly sworn, deposes and says:
1. I am an officer and director of plaintiff corporation. This affidavit is submitted in
support of our motion to enter a default judgment for a sum certain on the personal guaranty of a
corporate lease.
2. Initially, itbears emphasis that there is no question of fact as to the existence of the
lease, the existence of the guaranty and the monies due. The defendant has not challenged the
accuracy of any of the amounts sought.
JURISDICTION
3. Personal service was effectuated on September 27, 2022 as evidence by Exhibit A.
4. Further service pursuant to CPLR § 3215, was effectuated on October 1, 2022 as
evidenced by Exhibit B. .
5. At no time has the defendant filed or served an answer or motion or requested
an opportunity for an extension of time by which to do so.
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FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022
6. We have been in regular communication as demonstrated by the emails which are
annexed hereto as Exhibit C.
VENUE
7. The absolute guaranty is annexed hereto as Exhibit D.
8. It provides, in pertinent part:
Grantor hereby submits itselfto the jurisdiction of the
Courts of New York County, New York in any action
or proceeding against the Guarantor arising out of
this Guaranty.
9. The defendant has been served with three (3) rent demands. The first,dated
September 1, 2022 was served by certified mail, regular mail and email. The October rent
demand was personally served upon the defendant at the premises. The November rent demand
was served by certified mail, firstclass mail and email.
10. The rental demands received no response whatsoever except for acknowledgment of
receipt which is annexed hereto as Exhibit E.
11. This motion is being made within one (1) year of the default.
THE FACTS
12. The guaranty was to the predecessor in interest. We purchased the building and now
have the guaranty as evidenced by Exhibit D.
13. The rent has been in default since May 1, 2020 and has only been steadily
accumulating.
14. For over two (2) years the plaintiff has received no rent, taxes or late payments.
The defendant has been most apologetic and has cited the pandemic as his justification for his
default. See, Exhibit F. This is no justification. Broome 302 Realty LLC v. Omar's LES LLC,
NYLJ, page 17, Col. 2, November 16, 2022.
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FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022
15. Insum, tliesummons and complaint, Exhibit G, has received no answer and the facts
contained therein have notbeen contradicted.
16.The motion should be granted and a judgment entered accordingly.
WHEREFORE, itisrespectfully requested thata default judgment be entered in favorof
the plaintiff
and against the defendant in the sum of $89,997.34 with interest,and withthe costs
and disbursements of thisaction.
CHING I.lÄNG CHIÂNG
Sworn to before me on this
2 day of November 2022
NICOLE J. NOVAK
NOTARY PUBLIC
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Document Filed Date
December 01, 2022
Case Filing Date
September 06, 2022
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X NORTHERN MURRAY EQUITY, INC., AFFIDAVIT Plaintiff, Index No.: 653237/2022 -against- ROCCO DEL GRECO, Defendant. X STATE OF NEW YORK ) )SS.: COUNTY OF NASSAU ) CHING LIANG CHIANG being duly sworn, deposes and says: 1. I am an officer and director of plaintiff corporation. This affidavit is submitted in support of our motion to enter a default judgment for a sum certain on the personal guaranty of a corporate lease. 2. Initially, itbears emphasis that there is no question of fact as to the existence of the lease, the existence of the guaranty and the monies due. The defendant has not challenged the accuracy of any of the amounts sought. JURISDICTION 3. Personal service was effectuated on September 27, 2022 as evidence by Exhibit A. 4. Further service pursuant to CPLR § 3215, was effectuated on October 1, 2022 as evidenced by Exhibit B. . 5. At no time has the defendant filed or served an answer or motion or requested an opportunity for an extension of time by which to do so. 1 of 3 FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022 6. We have been in regular communication as demonstrated by the emails which are annexed hereto as Exhibit C. VENUE 7. The absolute guaranty is annexed hereto as Exhibit D. 8. It provides, in pertinent part: Grantor hereby submits itselfto the jurisdiction of the Courts of New York County, New York in any action or proceeding against the Guarantor arising out of this Guaranty. 9. The defendant has been served with three (3) rent demands. The first,dated September 1, 2022 was served by certified mail, regular mail and email. The October rent demand was personally served upon the defendant at the premises. The November rent demand was served by certified mail, firstclass mail and email. 10. The rental demands received no response whatsoever except for acknowledgment of receipt which is annexed hereto as Exhibit E. 11. This motion is being made within one (1) year of the default. THE FACTS 12. The guaranty was to the predecessor in interest. We purchased the building and now have the guaranty as evidenced by Exhibit D. 13. The rent has been in default since May 1, 2020 and has only been steadily accumulating. 14. For over two (2) years the plaintiff has received no rent, taxes or late payments. The defendant has been most apologetic and has cited the pandemic as his justification for his default. See, Exhibit F. This is no justification. Broome 302 Realty LLC v. Omar's LES LLC, NYLJ, page 17, Col. 2, November 16, 2022. 2 of 3 FILED: NEW YORK COUNTY CLERK 12/01/2022 02:43 PM INDEX NO. 653237/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2022 15. Insum, tliesummons and complaint, Exhibit G, has received no answer and the facts contained therein have notbeen contradicted. 16.The motion should be granted and a judgment entered accordingly. WHEREFORE, itisrespectfully requested thata default judgment be entered in favorof the plaintiff and against the defendant in the sum of $89,997.34 with interest,and withthe costs and disbursements of thisaction. CHING I.lÄNG CHIÂNG Sworn to before me on this 2 day of November 2022 NICOLE J. NOVAK NOTARY PUBLIC 3 of 3