Preview
FILED: DUTCHESS COUNTY CLERK 01/11/2023 11:23 AM INDEX NO. 2022-53667
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
ANGELA CITRO, AFFIRMATION AND
ARGUMENT IN
SUPPORT OF MOTION
Plaintiff, FOR DEFAULT
JUDGMENT
Index No. 2022-53667
-against-
JASON ALBRECHTSEN,
Defendant.
JAD B. HADDAD, an attorney duly admitted to the Courts of the State of New York,
hereby affirms the following under penalties of perjury:
1. I am an attorney with Stenger, Diamond, & Glass LLP, attorneys for the Plaintiff
herein. I have knowledge of the facts of this matter based on the review and handling of the file
maintained by this office. I offer this Affirmation in support of the Plaintiff's motion for a
default judgment against Defendant, JASON ALBRECHTSEN, in this action based on his
failure to timely answer or otherwise appear.
2. Briefly, this is a replevin and breach of contract action for Defendant's failure to
return Plaintiff's belongings and failure to reimburse Plaintiff for numerous loans used to pay
household and personal expenses. As more fully set forth in the Verified Complaint, annexed
hereto as Exhibit "A", in or about April 2022 Plaintiff and Defendant cut ties with one another
after being involved in a romantic relationship for years prior.
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3. Throughout their relationship Plaintiff moved into Defendant's residence at 79
Smith Crossing Road, Wappingers Falls, NY 12590 (the "Premises"), moving many of her
"6"
belongings in.Defendant is retaining said belongings, described in paragraph of Exhibit
"A", at the Premises and not permitting Plaintiff to reacquire same.
4. Plaintiff also loaned Defendant money to assist with household and personal
"9"
expenses, as set forth in paragraph of Exhibit "A", which Defendant promised to pay back
and has not done so.
5. Plaintiff first duly demanded the return of her belongings and the repayment of
the debt in or about April 2022.
Procedural History
6. This action was commenced by the filing of a Summons and Verified Complaint
on November 16, 2022, a copy of which is annexed hereto as Exhibit "A".
7, The Summons and Complaint included, as exhibits, a copy of a credit card
. statement, installment loan statement, and EZ Pass statement for which Defendant has failed to
compensate Plaintiff.
Legal Argument
8. The Defendant has been served in compliance with Article 3 of the CPLR and has
failed to timely answer or otherwise move with respect to the Summons and Complaint. Service
and the applicable deadlines to so respond are as follows:
Defendant | Authority Date of Service Default Date
JASON CPLR § 308(1) 11/18/2022 12/9/2022
ALBRECHTSEN
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"B"
9. Attached as Exhibit is a true and correct copy of the affidavit of service of
process upon Defendant. This Defendant was served on November 18, 2022, under CPLR §
308(1), by personally serving Defendant at the Premises,
10. "An appearance shall be made within twenty days after service of the summons if
process is personally served; or within thirty days of service being complete ifan authorized
official of the state was served, or if service was made upon a defendant out of state. See CPLR
§ 320(a). "When a defendant has failed to appear, plead or proceed to trial ...the plaintiff may
him."
. seek a default judgment against
11. Here, the attached exhibits demonstrate that the Defendant has been served, and
no Answer or motion to dismiss has been filed on the docket. Plaintiff is seeking entry of default
within a year after the deadlines to respond having passed and therefore the request for default
judgment is timely.
12. The allegations in the Summons and Complaint were verified by Plaintiff and
Defendant has not appeared to dispute them. Accordingly, the Plaintiff has established the facts
constituting its claims against the Defendant. See CPLR § 3215(f) ("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 or the party's
attorney."). The standard for entry of default judgment has been met.
13. The Plaintiff has provided a notice of the time and place of this application to the
Defendant on this date, January 11, 2023, at least five (5) days before the motion is set to be
heard, in accordance with CPLR §3215(g)(1) by mailing same by first class mail to Defendant at
his last known address. The affidavit of service is annexed hereto as Exhibit "C".
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14. Plaintiff has also provided Defendant the additional service of the summons by
firstclass mail at its lastknown address on December 8, 2022, at least twenty (20) days before
the entry of judgment. The additional notice with exhibits and affidavit of service is annexed
hereto as Exhibit "D".
15. A proposed judgment is annexed hereto as Exhibit "E".
16. Wherefore, I ask that this Court grant Judgment as follows:
a. Judgment and Writ of Replevin awarding possession of the personal property
"6"
described in paragraph of the Verified Complaint (Exhibit "A"), or, in the
alternative for a Judgment in the amount of the property's value, $17,030.00,
plus interest at a rate permitted by CPLR §5001 and §5004;
b. Money damages from Defendant to Plaintiff, calculated as described in
"9"
paragraph of the Verified Complaint (Exhibit "A"), i11 an amount of
$31,671.38, plus interest at a rate permitted by CPLR §5001 and §5004; and
c. Such other and further relief as the Court deems just and proper.
DATED: January 11, 2023
Wappingers Falls, New York
ad B. Had d, Esq.
STENGER, DIAMOND, & GLASS LLP
Attorneys for Plaintiff
1136 Route 9
Wappingers Falls, New York 12590
ihaddad@sdglaw.com
(845) 298-2000
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/11/2023
CERTIFICATION BY COUNSEL PURSUANT TO 22 NYCRR 202.8-b, RULE 17
Jad B. Haddad, an attorney duly admitted to the Courts of the State of New York, hereby
certifies that the Affirmation and Argument in Support of Motion for Default Judgment attached
hereto and verified on January 11, 2023, contains 868 words, exclusive of the caption and the
signature block, and that I relied on the word count of the word-processing system used by this
office to calculate same.
DATED: January 11, 2023
. Haddad Esq.
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