Preview
FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
ANDREW RODRIGUE,
Plaintiff,
-against- Index No.: E012022019386
PINTOTAL PROPERTY SERVICES, INC., d/b/a
GREENFLOW, and MATTHEW PINTO, individually,
Defendants.
AFFIRMATION OF MATTHEW A. TOPOROWSKI, ESQ.,
IN SUPPORT OF PLAINTIFF’S MOTION FOR DEFAULT
MATTHEW A. TOPOROWSKI, ESQ., an attorney duly admitted to practice law in the
courts of the State of New York, pursuant to Civil Practice Law and Rules (“CPLR”) § 2106, hereby
affirms the following under penalties of perjury:
1. I am the owner of Toporowski Law, PLLC, attorneys for Plaintiff Andrew Rodrigue
(“Plaintiff”).
2. I submit the instant Affirmation in support of Plaintiff’s Motion, dated March 1, 2023
(“Motion”), for a default judgement against Defendants Pintotal Property Services, Inc., d/b/a
Greenflow, and Matthew Pinto, individually (collectively, “Defendants”), pursuant to CPLR § 3215(a).
3. I base the information stated in this Affirmation on my representation of Plaintiff in
this action, my review of the file maintained by my office, correspondence with Plaintiff regarding this
matter, and correspondence with Defendant Matthew Pinto. As such, I am fully familiar with the
facts and circumstances regarding this action.
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Procedural History & Statement of Facts
4. Prior to commencing this action I contacted Defendant Matthew Pinto, the owner of
Defendant Pintotal Property Services, Inc., d/b/a Greenflow. Specifically, on November 18, 2022, I
sent a demand letter on behalf of Plaintiff to Mr. Pinto’s email address listed on his company’s website
(matthew@pintotal.com). On the same email Defendants’ Director of Operations, Ellen Thomas,
was copied (ellen@pintotal.com) as well as the contact email listed on Defendants’ website
(contact@pintotal.com). A true and accurate copy of the demand letter attached to the November
18, 2022 email is attached as Exhibit 1.
5. On November 28, 2022, I followed up by email to the same email addresses listed
above on the previously sent demand letter. I received no response.
6. On December 1, 2022, I followed up again by email to the same email addresses listed
above and advised Mr. Pinto that Plaintiff had authorized me to move forward with a formal lawsuit.
I received no response.
7. I know that Mr. Pinto received the demand letter because he texted me, “Wanted you
to know I was in receipt of your letter and I’ll be back out tomorrow with a more formal reply.”
However, Mr. Pinto never formally replied at any time to the demand letter.
8. As a result of Defendants’ failure to respond to several settlement overtures, this action
was commenced by the filing of a Summons and Verified Complaint on December 20, 2022. A true
and accurate copy of the filed Summons and Verified Complaint are attached as Exhibit 2.
9. The filed Summons and Verified Complaint as well as Notice of Electronic Filing were
served on Defendant Pintotal Property Services, Inc., d/b/a Greenflow on December 21, 2022. A
true and accurate copy of the Affidavit of Service for Pintotal Property Services, Inc., d/b/a
Greenflow is attached as Exhibit 3.
10. Several attempts were made to serve Mr. Pinto personally at his business address and
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two (2) last known personal addresses as well. True and accurate copies of attempted Affidavits of
Service for Matthew Pinto are attached as Exhibit 4.
11. On January 20, 2023, a copy of the Summons and Verified Complaint as well as Notice
of Electronic Filing was affixed to Mr. Pinto’s businesses address and mailed to him. A true and
accurate copy of the Affidavit of Service for Matthew Pinto is attached as Exhibit 5.
12. On January 23, 2023, I emailed Mr. Pinto a copy of the Summons, Verified Complaint,
and Notice of Electronic filing to the same email address I had emailed previously and received a text
message response from him previously. Mr. Pinto did not respond to this email.
13. Despite the foregoing several attempts to contact Defendants about Plaintiff’s claims
and this lawsuit, they have clearly attempted to evade service and ignore this proceeding.
14. As a result, I respectfully request that service on Mr. Pinto personally be completed
via substituted service to Mr. Pinto’s email address at matthew@pintotal.com to the extent the Court
requires further service. I would also request that any decision on this motion be served in the same
manner to Mr. Pinto individually. To the extent the Court requires, I can also serve Mr. Pinto any
documents to the phone number he texted me from.
15. Defendants have not appeared in this action and have not filed their Answer.
16. As a result of Defendants’ failure to file an Answer and respond to the Complaint as
required, Plaintiff now moves for a default judgement against Defendants.
17. No previous application for the relief herein requested has been made.
18. The Court is respectfully referred to the Verified Complaint in this matter, sworn to by
Plaintiff Andrew Rodrigue on December 20, 2022, for a full recitation of the relevant facts constituting
his claims and resulting damages.
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ARGUMENT
PLAINTIFF HAS MET THE STATUTORY REQUIREMENTS FOR THE
COURT TO GRANT A DEFAULT JUDGMENT AGAINST
DEFENDANTS.
19. CPLR § 3215(a) provides in relevant part: “When a defendant has failed to appear,
plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal
for any other neglect to proceed, the plaintiff may seek a default judgment against him . . .”.
20. CPLR § 3215(f) provides in relevant part: “On any application for judgment by default,
the applicant shall file proof of service of the summons and the complaint . . . and proof of the facts
constituting the claim, the default and the amount due by affidavit made by the party . . . Proof of
mailing the notice required by subdivision (g) of this section, where applicable, shall also be filed.”
21. Here, Plaintiff is moving for default within one (1) year of Defendants default. See e.g.
Snyder v Singh, 146 AD3d 1141, 1143 (3d Dept 2017).
22. The filed Summons and Complaint were served on all parties as of January 20, 2023.
See Exhs. 3 – 5.
23. Thirty (30) days for Defendants’ service of their filed Answer, pursuant to CPLR §
320(a), has expired, and Defendants are now in default.
24. Accordingly, based on the foregoing, and exhibits submitted herewith, as well as the
Verified Complaint, sworn to December 20, 2022, the Court should grant Plaintiff’s Motion in its
entirety, including the relief requested in the Complaint.
Conclusion
WHEREFORE, Plaintiff respectfully this Court issue a judgment and order as follows:
1. Granting the Motion in Plaintiff’s favor and finding Defendants in default;
2. Granting the relief requested in the Complaint, including a finding of liability against
Defendants;
3. Ordering an inquest on damages against Defendants;
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4. Granting all attorneys’ fees and costs incurred in bringing this Motion; and
5. Such other and further relief as this Court may deem just and proper.
Dated: Albany, New York
March 1, 2023
TOPOROWSKI LAW, PLLC
By: _________________________________
Matthew A. Toporowski, Esq.
Attorneys for Plaintiff Andrew Rodrigue
P.O. Box 7271
Albany, New York 1224
Tel: (845) 532-3513
Fax: (518) 734-0868
matthew.toporowski@gmail.com
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Preview
FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA ANDREW RODRIGUE, Plaintiff, -against- Index No.: E012022019386 PINTOTAL PROPERTY SERVICES, INC., d/b/a GREENFLOW, and MATTHEW PINTO, individually, Defendants. AFFIRMATION OF MATTHEW A. TOPOROWSKI, ESQ., IN SUPPORT OF PLAINTIFF’S MOTION FOR DEFAULT MATTHEW A. TOPOROWSKI, ESQ., an attorney duly admitted to practice law in the courts of the State of New York, pursuant to Civil Practice Law and Rules (“CPLR”) § 2106, hereby affirms the following under penalties of perjury: 1. I am the owner of Toporowski Law, PLLC, attorneys for Plaintiff Andrew Rodrigue (“Plaintiff”). 2. I submit the instant Affirmation in support of Plaintiff’s Motion, dated March 1, 2023 (“Motion”), for a default judgement against Defendants Pintotal Property Services, Inc., d/b/a Greenflow, and Matthew Pinto, individually (collectively, “Defendants”), pursuant to CPLR § 3215(a). 3. I base the information stated in this Affirmation on my representation of Plaintiff in this action, my review of the file maintained by my office, correspondence with Plaintiff regarding this matter, and correspondence with Defendant Matthew Pinto. As such, I am fully familiar with the facts and circumstances regarding this action. 1 of 5 FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 Procedural History & Statement of Facts 4. Prior to commencing this action I contacted Defendant Matthew Pinto, the owner of Defendant Pintotal Property Services, Inc., d/b/a Greenflow. Specifically, on November 18, 2022, I sent a demand letter on behalf of Plaintiff to Mr. Pinto’s email address listed on his company’s website (matthew@pintotal.com). On the same email Defendants’ Director of Operations, Ellen Thomas, was copied (ellen@pintotal.com) as well as the contact email listed on Defendants’ website (contact@pintotal.com). A true and accurate copy of the demand letter attached to the November 18, 2022 email is attached as Exhibit 1. 5. On November 28, 2022, I followed up by email to the same email addresses listed above on the previously sent demand letter. I received no response. 6. On December 1, 2022, I followed up again by email to the same email addresses listed above and advised Mr. Pinto that Plaintiff had authorized me to move forward with a formal lawsuit. I received no response. 7. I know that Mr. Pinto received the demand letter because he texted me, “Wanted you to know I was in receipt of your letter and I’ll be back out tomorrow with a more formal reply.” However, Mr. Pinto never formally replied at any time to the demand letter. 8. As a result of Defendants’ failure to respond to several settlement overtures, this action was commenced by the filing of a Summons and Verified Complaint on December 20, 2022. A true and accurate copy of the filed Summons and Verified Complaint are attached as Exhibit 2. 9. The filed Summons and Verified Complaint as well as Notice of Electronic Filing were served on Defendant Pintotal Property Services, Inc., d/b/a Greenflow on December 21, 2022. A true and accurate copy of the Affidavit of Service for Pintotal Property Services, Inc., d/b/a Greenflow is attached as Exhibit 3. 10. Several attempts were made to serve Mr. Pinto personally at his business address and 2 2 of 5 FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 two (2) last known personal addresses as well. True and accurate copies of attempted Affidavits of Service for Matthew Pinto are attached as Exhibit 4. 11. On January 20, 2023, a copy of the Summons and Verified Complaint as well as Notice of Electronic Filing was affixed to Mr. Pinto’s businesses address and mailed to him. A true and accurate copy of the Affidavit of Service for Matthew Pinto is attached as Exhibit 5. 12. On January 23, 2023, I emailed Mr. Pinto a copy of the Summons, Verified Complaint, and Notice of Electronic filing to the same email address I had emailed previously and received a text message response from him previously. Mr. Pinto did not respond to this email. 13. Despite the foregoing several attempts to contact Defendants about Plaintiff’s claims and this lawsuit, they have clearly attempted to evade service and ignore this proceeding. 14. As a result, I respectfully request that service on Mr. Pinto personally be completed via substituted service to Mr. Pinto’s email address at matthew@pintotal.com to the extent the Court requires further service. I would also request that any decision on this motion be served in the same manner to Mr. Pinto individually. To the extent the Court requires, I can also serve Mr. Pinto any documents to the phone number he texted me from. 15. Defendants have not appeared in this action and have not filed their Answer. 16. As a result of Defendants’ failure to file an Answer and respond to the Complaint as required, Plaintiff now moves for a default judgement against Defendants. 17. No previous application for the relief herein requested has been made. 18. The Court is respectfully referred to the Verified Complaint in this matter, sworn to by Plaintiff Andrew Rodrigue on December 20, 2022, for a full recitation of the relevant facts constituting his claims and resulting damages. 3 3 of 5 FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 ARGUMENT PLAINTIFF HAS MET THE STATUTORY REQUIREMENTS FOR THE COURT TO GRANT A DEFAULT JUDGMENT AGAINST DEFENDANTS. 19. CPLR § 3215(a) provides in relevant part: “When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him . . .”. 20. CPLR § 3215(f) provides in relevant part: “On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint . . . and proof of the facts constituting the claim, the default and the amount due by affidavit made by the party . . . Proof of mailing the notice required by subdivision (g) of this section, where applicable, shall also be filed.” 21. Here, Plaintiff is moving for default within one (1) year of Defendants default. See e.g. Snyder v Singh, 146 AD3d 1141, 1143 (3d Dept 2017). 22. The filed Summons and Complaint were served on all parties as of January 20, 2023. See Exhs. 3 – 5. 23. Thirty (30) days for Defendants’ service of their filed Answer, pursuant to CPLR § 320(a), has expired, and Defendants are now in default. 24. Accordingly, based on the foregoing, and exhibits submitted herewith, as well as the Verified Complaint, sworn to December 20, 2022, the Court should grant Plaintiff’s Motion in its entirety, including the relief requested in the Complaint. Conclusion WHEREFORE, Plaintiff respectfully this Court issue a judgment and order as follows: 1. Granting the Motion in Plaintiff’s favor and finding Defendants in default; 2. Granting the relief requested in the Complaint, including a finding of liability against Defendants; 3. Ordering an inquest on damages against Defendants; 4 4 of 5 FILED: COLUMBIA COUNTY CLERK 03/01/2023 05:13 PM INDEX NO. E012022019386 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 4. Granting all attorneys’ fees and costs incurred in bringing this Motion; and 5. Such other and further relief as this Court may deem just and proper. Dated: Albany, New York March 1, 2023 TOPOROWSKI LAW, PLLC By: _________________________________ Matthew A. Toporowski, Esq. Attorneys for Plaintiff Andrew Rodrigue P.O. Box 7271 Albany, New York 1224 Tel: (845) 532-3513 Fax: (518) 734-0868 matthew.toporowski@gmail.com 5 5 of 5