On June 22, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Marcelo Lema,
and
Pan Link Construction, Inc,
Ssw Realty Llc,
for Torts - Other (Labor Law)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/19/2022 11:59 AM INDEX NO. 707343/2016
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/19/2022
EXHIBIT 10
FILED: QUEENS COUNTY CLERK 03/14/2018
12/19/2022 10:23
11:59 AM INDEX NO. 707343/2016
NYSCEF DOC. NO. 31
63 RECEIVED NYSCEF: 03/14/2018
12/19/2022
Short Form Order
NEW YORK SUPREME COURT - QUEENS COUNTY
Present: Honorable DICCIA T. PINEDA-KIRWAN IA PART 36
Justice
X
MARCELO LEMA, Index No.: 707343/16
Motion Date CMP: 1/8/18
Plaintiff(s), (Rcv'd Pt. 361/10/18)
Motion Cal. No. CMP: 100
-against- Motion Seq. No.: 3
PAN LINK CONSTRUCTION, INC., ET AL,
Defendant(s).
X
The following numbered papers read on this motion by plaintiff for a default judgment against defendant Pan Link
Construction, Inc.
PAPERS NUMBERED
Notice of Motion-Affidavits-Exhibits I - 4
Upon the foregoing cited papers, it is ordered that this motion for a default
judgment is denied.
When a defendant fails to appear or answer, a plaintiff may seek a default
judgment against that defendant (CPLR 3215 [a]). "On a motion for leave to enter a default
judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the
summons and complaint, proof of the facts constituting its claim, and proof of the defaulting
• .
party's default in answering or appearing" (Atlantic Cas. Ins. Co. v RJNJ Servs., Inc., 89 AD3d
649, 651 [2011]; CPLR 3215[f]; see George v Yoma Dev. Group, Inc., 83 AD3d 776 [2011]).
While a verified complaint can support a claim for default judgment (CPLR
3215[1]), "a complaint verified by counsel," as the one here, "is purely hearsay, devoid of
evidentiary value, and thus insufficient to support entry of a judgment pursuant to CPLR 3215"
(Be/ire v Babu, 32 AD3d 722, 723 [2006]; Utak v Commerce Bank Inc., 88 AD3d 522, 5.3
[20111). Likewise, plaintiffs counsel's affirmation is insufficient as plaintiff must me her
evidentiary burden "by affidavit made by the party" (CPLR 3215[f]; HSBC Bank US N.A. v
Betts, 67 AD3d 735, 736 [2009]).
This constitutes the decision and order of this Cou
FILED
Dated: March 1, 2018
MAR 14 2018
COUNTY CLERK DICCIA T. PINEDA- AN, J.S.C.
QUEENS COUNTY
11: \MSHARE \ SC \DECISIONS ORDER%tettrettImItTeW I of I
1 of 1
Document Filed Date
December 19, 2022
Case Filing Date
June 22, 2016
Category
Torts - Other (Labor Law)
Status
Disposed-Court Date/Application Pending
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FILED: QUEENS COUNTY CLERK 12/19/2022 11:59 AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/19/2022 EXHIBIT 10 FILED: QUEENS COUNTY CLERK 03/14/2018 12/19/2022 10:23 11:59 AM INDEX NO. 707343/2016 NYSCEF DOC. NO. 31 63 RECEIVED NYSCEF: 03/14/2018 12/19/2022 Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY Present: Honorable DICCIA T. PINEDA-KIRWAN IA PART 36 Justice X MARCELO LEMA, Index No.: 707343/16 Motion Date CMP: 1/8/18 Plaintiff(s), (Rcv'd Pt. 361/10/18) Motion Cal. No. CMP: 100 -against- Motion Seq. No.: 3 PAN LINK CONSTRUCTION, INC., ET AL, Defendant(s). X The following numbered papers read on this motion by plaintiff for a default judgment against defendant Pan Link Construction, Inc. PAPERS NUMBERED Notice of Motion-Affidavits-Exhibits I - 4 Upon the foregoing cited papers, it is ordered that this motion for a default judgment is denied. When a defendant fails to appear or answer, a plaintiff may seek a default judgment against that defendant (CPLR 3215 [a]). "On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting its claim, and proof of the defaulting • . party's default in answering or appearing" (Atlantic Cas. Ins. Co. v RJNJ Servs., Inc., 89 AD3d 649, 651 [2011]; CPLR 3215[f]; see George v Yoma Dev. Group, Inc., 83 AD3d 776 [2011]). While a verified complaint can support a claim for default judgment (CPLR 3215[1]), "a complaint verified by counsel," as the one here, "is purely hearsay, devoid of evidentiary value, and thus insufficient to support entry of a judgment pursuant to CPLR 3215" (Be/ire v Babu, 32 AD3d 722, 723 [2006]; Utak v Commerce Bank Inc., 88 AD3d 522, 5.3 [20111). Likewise, plaintiffs counsel's affirmation is insufficient as plaintiff must me her evidentiary burden "by affidavit made by the party" (CPLR 3215[f]; HSBC Bank US N.A. v Betts, 67 AD3d 735, 736 [2009]). This constitutes the decision and order of this Cou FILED Dated: March 1, 2018 MAR 14 2018 COUNTY CLERK DICCIA T. PINEDA- AN, J.S.C. QUEENS COUNTY 11: \MSHARE \ SC \DECISIONS ORDER%tettrettImItTeW I of I 1 of 1