Preview
FILED: QUEENS COUNTY CLERK 12/19/2022 11:59 AM INDEX NO. 707343/2016
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/19/2022
EXHIBIT 7
FILED: QUEENS COUNTY CLERK 11/10/2017
12/19/2022 01:43
11:59 PM
AM INDEX NO. 707343/2016
NYSCEF DOC. NO. 16
60 RECEIVED NYSCEF: 11/10/2017
12/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________________________________
MARCELO LEMA,
Plaintiff, NOTICE OF MOTION
-against-
Index No.: 707343/2016
PAN LINK CONSTRUCTION, INC. and SSW
REALTY, LLC,
Defendants.
______________________________________________
MOTION MADE BY: RIMLAND & ASSOCIATES
Attorneys for plaintiff
225 Broadway, Suite 1606
New York, NY 10007
212-374-0680
RETURN DATE AND TIME: December 1, 2017 at 11:00am, or as soon thereafter as counsel
can be heard.
PLACE: SUPREME COURT, COUNTY OF QUEENS, to be held at
the Courthouse located at 88-11 Sutphin Blvd., in the
Centralized Motion Part, Courtroom 25, Jamaica, NY 11435.
SUPPORTING PAPERS: Affirmation of GLEN P. AHLERS, Esq. dated November 10,
2017, and the Exhibits annexed hereto.
RELIEF REQUESTED: A. Granting plaintiff default judgment against defendant PAN
LINK CONSTRUCTION, INC., as a result of defendant’s
failure to answer the complaint or appear in this action,
B. An Order Setting this matter down for an assessment of
damages against defendant PAN LINK
CONSTRUCTION, INC., at the time of the trial of the
remainder of the action; and,
C. An Order granting such other and further relief as this
Court may deem just and proper.
ANSWERING PAPERS: All answering papers, if any, are to be served within seven (7)
days of the return date of this motion, pursuant to CPLR
§2214(b).
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Dated: New York, New York
November 10, 2017
Attorneys for plaintiff
225 Broadway, Suite 1606
New York, NY 10007
212-374-0680
TO: PAN LINK CONSTRUCTION INC.,
29 Beach Road
Great N eek, NY 11023
Xiangan Gong, Esq.
Attorneys for defendant
SSW REALTY LLC
136-40 39 Avenue, Suite 20:
Flushing, NY 11354
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------x
MARCELO LEMA, AFFIRMATION IN
SUPPORT OF MOTION
Plaintiff,
Index No.: 710483/2015
- against -
PAN LINK CONSTRUCTION, INC., and SSW REALTY LLC,
Defendants.
----------------------------------------------------------------------------x
GLEN P. AHLERS, ESQ., an attorney duly licensed to practice law in the Courts of the
State of New York, hereby affirms the following under the penalty of perjury:
1. I am an associate attorney with the law firm of RIMLAND & ASSOCIATES,
attorneys for plaintiff MARCELO LEMA. As such I am fully familiar with the facts and
circumstances of this matter based on my review of the case file maintained by our office.
2. I submit this affirmation in support of this motion seeking an Order:
A) Pursuant to CPLR § 3215, granting plaintiff default judgment against
defendant PAN LINK CONSTRUCTION, INC. as a result of defendant’s
failure to answer the complaint or appear in this action
B) Setting this matter down for an assessment of damages against defendant
PAN LINK CONSTRUCTION, INC. at the time of the trial of the
remainder of the action; and,
C) An Order granting such other and further relief as this Court may deem
just and proper
3. This action arises out of personal injuries sustained by plaintiff MARCELO
LEMA on June 18, 2015. On that date, the plaintiff was in the course of his employment
performing construction, renovation, and/or demolition work at the premises located at 149-64
Beech Avenue, Flushing, NY, when he was physically injured.
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4. As a result of the accident, plaintiff suffered serious physical injuries, including to
his cervical spine, lumbar spine, bilateral shoulders, head, left knee, right foot, and permanent
total and partial limitations.
5. This action was commenced by way of the filing of a Summons and Complaint on
June 22, 2016. A copy of the Summons and Complaint are annexed hereto as Exhibit A.
6. Defendant PAN LINK CONSTRUCTION, INC. was served by service upon the
NYS Secretary of State in accordance with CPLR §306 on June 23, 2016, followed by a
certified mailing of a notice and copy of the Summons and Complaint, on July 10, 2017. A copy
of the Affidavit of Service, and follow-up certified mailing of notice are annexed as Exhibit B.
7. More than thirty (30) days has elapsed since the service of process was completed
as to defendant. To date, this defendant has failed or refused to answer the complaint or serve a
notice of appearance to this action. As a result, this defendant is in default, and the plaintiff is
entitled to judgment on default.
8. Though this motion for default is brought in excess of the one year prescribed by
CPLR § 3125(c), this delay was excusable and not the result of a failure to prosecute the action
or abandonment.
9. On April 10, 2017, plaintiff sought out and retained our office, Rimland &
Associates, to substitute plaintiff’s original firm, Ferro, Kuba, Mangano, Skyar, P.C. Despite our
immediate efforts to acquire plaintiff’s file from his outgoing attorneys, our efforts were
continually stymied by the dilatory tactics of plaintiff’s outgoing counsel.
10. These tactics went on for months, in spite of our office’s full payment of the
outgoing attorney’s disbursements. A copy of our last, strongly worded letter to plaintiff’s
outgoing counsel, dated June 15, 2017, is attached hereto as Exhibit C.
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11. Upon finally securing the file on or about June 29, 2017, our office realized the
default of defendant PAN LINK CONSTRUCTION, INC., and immediately drafted a default
letter to this defendant. A copy of this June 29, 2017 letter is attached hereto as Exhibit D. This
letter was followed up by certified mail of a second default letter on July 10, 2017, as attached
hereto as Exhibit B.
12. Despite our immediate efforts to secure defendant’s PAN LINK
CONSTRUCTION, INC. appearance in this action, this defendant remained unresponsive to our
good-faith efforts to notify them of their default.
13. After receiving no response from defendant PAN LINK CONSTRUCTION,
INC., our office filed a default judgment motion on August 23, 2017, returnable, after Court
adjournment, on October 25, 2017. On the return date of the motion, our office was made aware
of procedural defects with the initial motion requiring us to withdraw said motion, without
prejudice. The instant motion is brought in remedy of those procedural defects.
14. Though plaintiff’s application for default judgment is brought in excess of the one
year prescription of CPLR § 3125(c), such delay is excusable and is not the result of
abandonment or failure to prosecute.
15. As stated above, our office did not come into possession of the file until June 29,
2017, over one year after plaintiff’s Summons and Complaint was initially served on defaulting
defendant PAN LINK CONSTRUCTION, INC.
16. Upon receiving the file and realizing that defendant PAN LINK
CONSTRUCTION, INC. had not appeared, our office immediately took action to serve letters
noticing the defendant of its imminent default.
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17. When those letters went unanswered, our office immediately undertook to file the
instant default motion.
18. Our office’s efforts in this case have been constant since we were initially
retained by plaintiff in April of this year. The delay, and failure to file the instant motion within
one year of default, was the inadvertent result of our office’s difficulty in attaining the file of this
matter from outgoing plaintiff’s counsel.
19. This sequence of events constitutes a reasonable excuse for the delay. Most
importantly, our office’s aggressive action in attaining the case file, filing relevant default letters,
and filing of the instant motion demonstrate plaintiff did not have the requisite “intent to
abandon”. See Iorizzo v. Mattikow, 25 A.D.3d 763 (2nd Dept., 2006) (“the evidence of ongoing
negotiations demonstrated that the plaintiffs had not abandoned the action”); Micheli v. E.J.
Builders, Inc., 268 A.D.2d 777 (3rd Dept., 2000) (“the record…simply does not support a finding
that plaintiff abandoned this action”); see also State Farm Mut. Auto. Ins. Co. v. Rodriguez, 12
A.D.3d 662 (2nd Dept., 2004).
20. Furthermore, this motion is brought well within the three year statute of
limitations on a negligence action. Accordingly, defendant PAN LINK CONSTRUCTION,
INC., has not and will not suffer any prejudice as a result of plaintiff’s late application. See
Hinds v. 2461 Realty Corp., 169 A.D.2d 629 (1st Dept., 1991)(“defendants did not demonstrate
that they were prejudiced by delay in prosecution of the action”); see also Rosenbaum v. Ace
Transit Corp., 112 A.D.2d 210 (2nd Dept., 1985).
21. A previous application for the relief sought herein has been made, but was
voluntarily withdrawn without prejudice by our office.
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WHEREFORE, your affirmant respectfully requests this Court issue an Order:
A) Granting plaintiff default judgment against defendant PAN LINK
CONSTRUCTION, INC., as a result of defendant's failure to answer the
complaint or appear in this action;
B) Setting this matter down for an assessment of damages against defendant
PAN LINK CONSTRUCTION, INC. at the time of the trial of the
remainder of the action; and,
C) An Order granting such other and fu1iher relief a
just and proper
Dated: New York, New York
November 10, 2017
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IZIMLAND ~ ASSOCIATES
ATTORI~FEYS AT LAW
225 BRonn~vnZ~, SutTE 1606
NFw YoRx, NY 10007
TEL:(212) 374-0680
Fnx:(212)374-0681
ww~vrimlandla~~~.com DIANA DE LA GUERRA
EDWARD RIMLAND
EDCRG1dLANDLA4V.CON1 DGI1ERRi1 ~t)RINILANDLA4V.COA4
DAVID FRTEDMAN CATALINA RIASCOS
DFRIED1vfAN~%P.IMLAniDLAW.CC~M CN1RtASCOS ~~~RINILANDLAW,COA4
GLEN P. AHLERS PARALEGALS
GAHLERS~a RIh1I.ANDLAW.CUM
ROBERT ELAN
JASON PARIS
HERNAN CACERES
OF COUNSEL
July 10, 2017
VIA CERTIFIED MAIL, RETURN RECEIPT
& REGULAR MAIL
PAN LINK CONSTRUCTION, INC.
29 Beach Road
Great Neck, NY 11023
Re: Marcelo Lema
D/Acc: June 18, 2015
Dear Sir/Madam:
Please be advised that this office represent plaintiff Marcelo
Lema in a lawsuit commenced against you.
to CPLR Section 3215(g)(4)(i) and Business
Pursuant
Law Section 306(b), you are HEREBY ON NOTICE that
Corporation
upon you has been made by virtue of the Secretary of State,
service
and a default judgment will be sought against you.
Further pursuant to the above -referenced provisions, enclosed.
find an additional copy of the Summons and Complain t in this
please
matter.
Ve truly yours,
aw rd Rimland
ER/dg
Encl.
FILED: QUEENS COUNTY CLERK 11/10/2017
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Complete items 1, 2, and 3. A. Signatur
Print your name and address on the reverse m ~—
❑Addressee
so that we can return the card to you.
- ~ ~: ;printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on th'e front if space permits.
1. Article Addressed to: ~ „ _ ❑Yes
D. Is delivery address different from item 1?
❑ No
If YES, enter delivery address below:
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FILED: QUEENS COUNTY CLERK 11/10/2017
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/~`~ RIMLAND &ASSOCIATES
~ ATTORNEYS AT LAW
?,ZS BROADWAY,SUITE 1606
NEw Yoxx, NY 10007
Tit,: (212)374-0680
Fnx:(212)374-0681
EDWARD RIMLAND www.rimlandlaw.com DIANA DE LA GUERRA
F D~ftIMLANDLAW.COM
' DGIIERRACRIMLANDLAW.COM
DAVID FftIEDMAN CATALINA RIASCOS
DFRIEDMAN~RIMLANDLAW.COM CD4RIASCOS@RLMLANDLA W.COM
GLEN P. AHLERS
GAHLERS~a RIMLANDLAW,COM PARALEGALS
ROBERT ELAN
JASON PARIS
HERNAN CACERES
OF COUNSEL
June 15 2017
VIA FACSIMILE 212-244-9393
Ferro Kuba Mangano Skyar P.C.
424 W 33rd Street, Suite 440
New York, NY 10001
Attention: Kenneth E. Mangano, Esq.
Re.: Marcelo Lema
D/Acc.: June 18, 2015
Dear Mr. Mangano:
As you know, we have assumed representation of the plaintiff
in this matter. Per you request, on June 2, 2017, we forwarded
you a check in the amount of $1,847.78 for all disbursements. To
date, we have not received the original file. We have called your
office a number of times including today, without any result. It
is imperative we receive this file forthwith. Your dilatory
tactics are prejudicing our client's interests. Please call me
upon receipt of this letter. If we do not hear from you today, we
will appear at your office tomorrow to obtain the file.
Ve truly yours,
Edward Rimland
ER/dg
FILED: QUEENS COUNTY CLERK 11/10/2017
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~,r~tSSION VERIFICATION REPORT
TIME 66f1512017 63:60
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DATE,TIME ~6I15 X2:59
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DURATION 60:00:14
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FILED: QUEENS COUNTY CLERK 11/10/2017
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NYSCEF DOC. NO. 21
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RIMLAIVD cat ASSOCIATES
~: .. ATTORNEYS AT LAW
~,:
i~ 225 BROADWAI', SUITE 1(06
NEw~ YORK, NY 10007
TEL: (212) 374-0680
Fnx:(212) 374-0681
EDWARD RIMLAND www.rimlandlaw.com DIANA DE LA GUERRA
ED alRIA4LANDLAW.COM DG itERILt~RIMI.ANDLAFV.COM
DAVID FRIEDIVfAN CATALINA RIASCOS
DFRIEDMANCPIMLANDLAII'.COM CMR/ASCOSCRINILANDLALI~.COM
GLEN P. AHLERS
GAHLERSC~RIMLANDLA4V,COM PARALEGALS
ROBERT ELAN
JASON PARIS
HERNAN CACERES
OF COUNSEL
June 29, 2017
VIA CERTIFIED MAIL RETURN RECEIPT
PAN LINK CONSTRUCTION, INC.
29 Beach Road
Great Neck, NY 11023
Re: Marcelo Lema
D/Acc: June 18, 2015
Dear Sir/Madam:
We have heretofore served you with a Summons & Complaint, and
to date we have not received a notice of appearance or an Answer on
behalf of you.
Please forward us an Answer in order to obviate the necessity
of default proceedings.
Thank you for your anticipated cooperation herein.
i '~"
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------x
MARCELO LEMA, AFFIDAVIT OF MAILING
Plaintiff, Index No.: 710483/2015
- against -
PAN LINK CONSTRUCTION,INC., and SSW REALTY LLC,
Defendants.
----------------------------------------------------------------------------x
STATE OF NEW YORK 1
COUNTY OF NEW YORK) ss:
PALOMA ABAD,being duly sworn, deposes and says:
That your deponent is not a party to this action, is over 18 years of age and resides in the County
ofBronx, State of New York.
That on the l Ot"day of November,2017 deponent served the within NOTICE OF MOTION
and AFFIRMATION IN SUPPORT:
TO: PAN LINK CONSTRUCTION INC., Xiangan Gong, Esq.
29 Beach Road Attorneys for defendant
Great Neck,NY 11023 SSW REALTY LLC
136-40 39 Avenue, Suite 202
Flushing, NY 11354
By depositing a true copy of same, enclosed in a postpa
Preview
FILED: QUEENS COUNTY CLERK 12/19/2022 11:59 AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/19/2022 EXHIBIT 7 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 16 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________________________________ MARCELO LEMA, Plaintiff, NOTICE OF MOTION -against- Index No.: 707343/2016 PAN LINK CONSTRUCTION, INC. and SSW REALTY, LLC, Defendants. ______________________________________________ MOTION MADE BY: RIMLAND & ASSOCIATES Attorneys for plaintiff 225 Broadway, Suite 1606 New York, NY 10007 212-374-0680 RETURN DATE AND TIME: December 1, 2017 at 11:00am, or as soon thereafter as counsel can be heard. PLACE: SUPREME COURT, COUNTY OF QUEENS, to be held at the Courthouse located at 88-11 Sutphin Blvd., in the Centralized Motion Part, Courtroom 25, Jamaica, NY 11435. SUPPORTING PAPERS: Affirmation of GLEN P. AHLERS, Esq. dated November 10, 2017, and the Exhibits annexed hereto. RELIEF REQUESTED: A. Granting plaintiff default judgment against defendant PAN LINK CONSTRUCTION, INC., as a result of defendant’s failure to answer the complaint or appear in this action, B. An Order Setting this matter down for an assessment of damages against defendant PAN LINK CONSTRUCTION, INC., at the time of the trial of the remainder of the action; and, C. An Order granting such other and further relief as this Court may deem just and proper. ANSWERING PAPERS: All answering papers, if any, are to be served within seven (7) days of the return date of this motion, pursuant to CPLR §2214(b). 1 of 2 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 16 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 Dated: New York, New York November 10, 2017 Attorneys for plaintiff 225 Broadway, Suite 1606 New York, NY 10007 212-374-0680 TO: PAN LINK CONSTRUCTION INC., 29 Beach Road Great N eek, NY 11023 Xiangan Gong, Esq. Attorneys for defendant SSW REALTY LLC 136-40 39 Avenue, Suite 20: Flushing, NY 11354 2 of 2 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 17 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------x MARCELO LEMA, AFFIRMATION IN SUPPORT OF MOTION Plaintiff, Index No.: 710483/2015 - against - PAN LINK CONSTRUCTION, INC., and SSW REALTY LLC, Defendants. ----------------------------------------------------------------------------x GLEN P. AHLERS, ESQ., an attorney duly licensed to practice law in the Courts of the State of New York, hereby affirms the following under the penalty of perjury: 1. I am an associate attorney with the law firm of RIMLAND & ASSOCIATES, attorneys for plaintiff MARCELO LEMA. As such I am fully familiar with the facts and circumstances of this matter based on my review of the case file maintained by our office. 2. I submit this affirmation in support of this motion seeking an Order: A) Pursuant to CPLR § 3215, granting plaintiff default judgment against defendant PAN LINK CONSTRUCTION, INC. as a result of defendant’s failure to answer the complaint or appear in this action B) Setting this matter down for an assessment of damages against defendant PAN LINK CONSTRUCTION, INC. at the time of the trial of the remainder of the action; and, C) An Order granting such other and further relief as this Court may deem just and proper 3. This action arises out of personal injuries sustained by plaintiff MARCELO LEMA on June 18, 2015. On that date, the plaintiff was in the course of his employment performing construction, renovation, and/or demolition work at the premises located at 149-64 Beech Avenue, Flushing, NY, when he was physically injured. 1 of 5 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 17 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 4. As a result of the accident, plaintiff suffered serious physical injuries, including to his cervical spine, lumbar spine, bilateral shoulders, head, left knee, right foot, and permanent total and partial limitations. 5. This action was commenced by way of the filing of a Summons and Complaint on June 22, 2016. A copy of the Summons and Complaint are annexed hereto as Exhibit A. 6. Defendant PAN LINK CONSTRUCTION, INC. was served by service upon the NYS Secretary of State in accordance with CPLR §306 on June 23, 2016, followed by a certified mailing of a notice and copy of the Summons and Complaint, on July 10, 2017. A copy of the Affidavit of Service, and follow-up certified mailing of notice are annexed as Exhibit B. 7. More than thirty (30) days has elapsed since the service of process was completed as to defendant. To date, this defendant has failed or refused to answer the complaint or serve a notice of appearance to this action. As a result, this defendant is in default, and the plaintiff is entitled to judgment on default. 8. Though this motion for default is brought in excess of the one year prescribed by CPLR § 3125(c), this delay was excusable and not the result of a failure to prosecute the action or abandonment. 9. On April 10, 2017, plaintiff sought out and retained our office, Rimland & Associates, to substitute plaintiff’s original firm, Ferro, Kuba, Mangano, Skyar, P.C. Despite our immediate efforts to acquire plaintiff’s file from his outgoing attorneys, our efforts were continually stymied by the dilatory tactics of plaintiff’s outgoing counsel. 10. These tactics went on for months, in spite of our office’s full payment of the outgoing attorney’s disbursements. A copy of our last, strongly worded letter to plaintiff’s outgoing counsel, dated June 15, 2017, is attached hereto as Exhibit C. 2 of 5 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 17 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 11. Upon finally securing the file on or about June 29, 2017, our office realized the default of defendant PAN LINK CONSTRUCTION, INC., and immediately drafted a default letter to this defendant. A copy of this June 29, 2017 letter is attached hereto as Exhibit D. This letter was followed up by certified mail of a second default letter on July 10, 2017, as attached hereto as Exhibit B. 12. Despite our immediate efforts to secure defendant’s PAN LINK CONSTRUCTION, INC. appearance in this action, this defendant remained unresponsive to our good-faith efforts to notify them of their default. 13. After receiving no response from defendant PAN LINK CONSTRUCTION, INC., our office filed a default judgment motion on August 23, 2017, returnable, after Court adjournment, on October 25, 2017. On the return date of the motion, our office was made aware of procedural defects with the initial motion requiring us to withdraw said motion, without prejudice. The instant motion is brought in remedy of those procedural defects. 14. Though plaintiff’s application for default judgment is brought in excess of the one year prescription of CPLR § 3125(c), such delay is excusable and is not the result of abandonment or failure to prosecute. 15. As stated above, our office did not come into possession of the file until June 29, 2017, over one year after plaintiff’s Summons and Complaint was initially served on defaulting defendant PAN LINK CONSTRUCTION, INC. 16. Upon receiving the file and realizing that defendant PAN LINK CONSTRUCTION, INC. had not appeared, our office immediately took action to serve letters noticing the defendant of its imminent default. 3 of 5 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 17 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 17. When those letters went unanswered, our office immediately undertook to file the instant default motion. 18. Our office’s efforts in this case have been constant since we were initially retained by plaintiff in April of this year. The delay, and failure to file the instant motion within one year of default, was the inadvertent result of our office’s difficulty in attaining the file of this matter from outgoing plaintiff’s counsel. 19. This sequence of events constitutes a reasonable excuse for the delay. Most importantly, our office’s aggressive action in attaining the case file, filing relevant default letters, and filing of the instant motion demonstrate plaintiff did not have the requisite “intent to abandon”. See Iorizzo v. Mattikow, 25 A.D.3d 763 (2nd Dept., 2006) (“the evidence of ongoing negotiations demonstrated that the plaintiffs had not abandoned the action”); Micheli v. E.J. Builders, Inc., 268 A.D.2d 777 (3rd Dept., 2000) (“the record…simply does not support a finding that plaintiff abandoned this action”); see also State Farm Mut. Auto. Ins. Co. v. Rodriguez, 12 A.D.3d 662 (2nd Dept., 2004). 20. Furthermore, this motion is brought well within the three year statute of limitations on a negligence action. Accordingly, defendant PAN LINK CONSTRUCTION, INC., has not and will not suffer any prejudice as a result of plaintiff’s late application. See Hinds v. 2461 Realty Corp., 169 A.D.2d 629 (1st Dept., 1991)(“defendants did not demonstrate that they were prejudiced by delay in prosecution of the action”); see also Rosenbaum v. Ace Transit Corp., 112 A.D.2d 210 (2nd Dept., 1985). 21. A previous application for the relief sought herein has been made, but was voluntarily withdrawn without prejudice by our office. 4 of 5 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 17 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 WHEREFORE, your affirmant respectfully requests this Court issue an Order: A) Granting plaintiff default judgment against defendant PAN LINK CONSTRUCTION, INC., as a result of defendant's failure to answer the complaint or appear in this action; B) Setting this matter down for an assessment of damages against defendant PAN LINK CONSTRUCTION, INC. at the time of the trial of the remainder of the action; and, C) An Order granting such other and fu1iher relief a just and proper Dated: New York, New York November 10, 2017 5 of 5 FILED: QUEENS COUNTY CLERK 06/22/2016 11/10/2017 12/19/2022 12:48 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 1 18 60 RECEIVED NYSCEF: 06/22/2016 11/10/2017 12/19/2022 1 of 6 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 18 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 2 of 6 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 18 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 3 of 6 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 18 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 4 of 6 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 18 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 5 of 6 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 18 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 6 of 6 FILED: QUEENS COUNTY CLERK 08/09/2016 11/10/2017 12/19/2022 04:25 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 3 19 60 RECEIVED NYSCEF: 08/09/2016 11/10/2017 12/19/2022 1 of 1 FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 19 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 IZIMLAND ~ ASSOCIATES ATTORI~FEYS AT LAW 225 BRonn~vnZ~, SutTE 1606 NFw YoRx, NY 10007 TEL:(212) 374-0680 Fnx:(212)374-0681 ww~vrimlandla~~~.com DIANA DE LA GUERRA EDWARD RIMLAND EDCRG1dLANDLA4V.CON1 DGI1ERRi1 ~t)RINILANDLA4V.COA4 DAVID FRTEDMAN CATALINA RIASCOS DFRIED1vfAN~%P.IMLAniDLAW.CC~M CN1RtASCOS ~~~RINILANDLAW,COA4 GLEN P. AHLERS PARALEGALS GAHLERS~a RIh1I.ANDLAW.CUM ROBERT ELAN JASON PARIS HERNAN CACERES OF COUNSEL July 10, 2017 VIA CERTIFIED MAIL, RETURN RECEIPT & REGULAR MAIL PAN LINK CONSTRUCTION, INC. 29 Beach Road Great Neck, NY 11023 Re: Marcelo Lema D/Acc: June 18, 2015 Dear Sir/Madam: Please be advised that this office represent plaintiff Marcelo Lema in a lawsuit commenced against you. to CPLR Section 3215(g)(4)(i) and Business Pursuant Law Section 306(b), you are HEREBY ON NOTICE that Corporation upon you has been made by virtue of the Secretary of State, service and a default judgment will be sought against you. Further pursuant to the above -referenced provisions, enclosed. find an additional copy of the Summons and Complain t in this please matter. Ve truly yours, aw rd Rimland ER/dg Encl. FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 19 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 Complete items 1, 2, and 3. A. Signatur Print your name and address on the reverse m ~— ❑Addressee so that we can return the card to you. - ~ ~: ;printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on th'e front if space permits. 1. Article Addressed to: ~ „ _ ❑Yes D. Is delivery address different from item 1? ❑ No If YES, enter delivery address below: ,~ ~, ~ .. 3. Sen/iCe Type ❑Priority Mail ExpressOO ❑ Adult Signature ❑Registered MaiIT'" ~ i , 1 II I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑ Certified Mails Delivery r ~' ~~7 ❑Return Receipt for ❑Certified Mail Restricted Delivery ~'~ ~ ~ } ~ ~ `P ~ ~ ~'-'~~ ~ ~~ ❑Collect on Delivery Merchandise ~ ~,,,;_,_ ,,~___~_ . .-'- - - ~I - ❑Signature ConfirmationT"' ;ollect on Delivery Restricted Delivery ~: ❑Signature Confirmation 7~ ~5 ~~ L} ~ Q ~7 p~ 1~ 269~_. _I Insured Mail Restricted Delivery .(nsured Mail Restricted Delivery __._—_ __ - -------~--------.__ over $500) PS Form 3811 , Ap1'il 2015 PSN 7530-02-000-9053 Domestic `Return Receipt FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 20 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 /~`~ RIMLAND &ASSOCIATES ~ ATTORNEYS AT LAW ?,ZS BROADWAY,SUITE 1606 NEw Yoxx, NY 10007 Tit,: (212)374-0680 Fnx:(212)374-0681 EDWARD RIMLAND www.rimlandlaw.com DIANA DE LA GUERRA F D~ftIMLANDLAW.COM ' DGIIERRACRIMLANDLAW.COM DAVID FftIEDMAN CATALINA RIASCOS DFRIEDMAN~RIMLANDLAW.COM CD4RIASCOS@RLMLANDLA W.COM GLEN P. AHLERS GAHLERS~a RIMLANDLAW,COM PARALEGALS ROBERT ELAN JASON PARIS HERNAN CACERES OF COUNSEL June 15 2017 VIA FACSIMILE 212-244-9393 Ferro Kuba Mangano Skyar P.C. 424 W 33rd Street, Suite 440 New York, NY 10001 Attention: Kenneth E. Mangano, Esq. Re.: Marcelo Lema D/Acc.: June 18, 2015 Dear Mr. Mangano: As you know, we have assumed representation of the plaintiff in this matter. Per you request, on June 2, 2017, we forwarded you a check in the amount of $1,847.78 for all disbursements. To date, we have not received the original file. We have called your office a number of times including today, without any result. It is imperative we receive this file forthwith. Your dilatory tactics are prejudicing our client's interests. Please call me upon receipt of this letter. If we do not hear from you today, we will appear at your office tomorrow to obtain the file. Ve truly yours, Edward Rimland ER/dg FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 20 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 ~,r~tSSION VERIFICATION REPORT TIME 66f1512017 63:60 NAME FAX TEL SER.# BROL2V412838 DATE,TIME ~6I15 X2:59 FAX NO.fNAME 1212249393 DURATION 60:00:14 P~GE(S} 01 RESULT ~E~ MODE STANDARD ECM FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 21 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 RIMLAIVD cat ASSOCIATES ~: .. ATTORNEYS AT LAW ~,: i~ 225 BROADWAI', SUITE 1(06 NEw~ YORK, NY 10007 TEL: (212) 374-0680 Fnx:(212) 374-0681 EDWARD RIMLAND www.rimlandlaw.com DIANA DE LA GUERRA ED alRIA4LANDLAW.COM DG itERILt~RIMI.ANDLAFV.COM DAVID FRIEDIVfAN CATALINA RIASCOS DFRIEDMANCPIMLANDLAII'.COM CMR/ASCOSCRINILANDLALI~.COM GLEN P. AHLERS GAHLERSC~RIMLANDLA4V,COM PARALEGALS ROBERT ELAN JASON PARIS HERNAN CACERES OF COUNSEL June 29, 2017 VIA CERTIFIED MAIL RETURN RECEIPT PAN LINK CONSTRUCTION, INC. 29 Beach Road Great Neck, NY 11023 Re: Marcelo Lema D/Acc: June 18, 2015 Dear Sir/Madam: We have heretofore served you with a Summons & Complaint, and to date we have not received a notice of appearance or an Answer on behalf of you. Please forward us an Answer in order to obviate the necessity of default proceedings. Thank you for your anticipated cooperation herein. i '~" ~- Verb truly yours, ~ ,.~ . ~ ~ s ~ _ -- :.~~ - dwardimland p^ it fee ~ Certified fIl_II I,,~ m #JnJ~ ,~ ~. ~~7 '~'afe) " 'fl ;ryjces u Fees(check box, add tees ~~.-. ~ - ~ i `-1 ~~rn Receipt(hardcoPY) ~ FoSttTlai`k ~ ,~y'' ~ u~turn Receipt (electronic) $ ~ ~``~ Here `t Q 5.~- .}.~a~}~}-~--- [~ Certitled Ma11 Restricted delivery ~ Required Signature [~ Adult ~---~{~{-~a 1~`"-`"" ~]Adutt Signature Restricted DQllvery S D Posta3e ~[i.~i~ ~ .~ ~ C~t~l,~itf~~17 } p 'Tot~ ~ ~.~~iF~e ~~„~Q ~ :. - — ~ '~ '~ ~ ' - -. _..-. p . i. FILED: QUEENS COUNTY CLERK 11/10/2017 12/19/2022 01:43 11:59 PM AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 22 60 RECEIVED NYSCEF: 11/10/2017 12/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------x MARCELO LEMA, AFFIDAVIT OF MAILING Plaintiff, Index No.: 710483/2015 - against - PAN LINK CONSTRUCTION,INC., and SSW REALTY LLC, Defendants. ----------------------------------------------------------------------------x STATE OF NEW YORK 1 COUNTY OF NEW YORK) ss: PALOMA ABAD,being duly sworn, deposes and says: That your deponent is not a party to this action, is over 18 years of age and resides in the County ofBronx, State of New York. That on the l Ot"day of November,2017 deponent served the within NOTICE OF MOTION and AFFIRMATION IN SUPPORT: TO: PAN LINK CONSTRUCTION INC., Xiangan Gong, Esq. 29 Beach Road Attorneys for defendant Great Neck,NY 11023 SSW REALTY LLC 136-40 39 Avenue, Suite 202 Flushing, NY 11354 By depositing a true copy of same, enclosed in a postpa