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FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________________________________________________Ç
JAMES GEOFFREY, Index No.: 508174/2023
Plaintiff
AFFIRMATION IN SUPPORT
-against-
SMITELL LLC, SMITELL B-1 LLC
and EXTELL DEVELOPMENT COMPANY,
Defendant.
____________________________________________________________________Ç
Jason T. Herbert, Esq., an attorney at law, duly admitted to practice before the Courts
of the State of New York, affirms, under the penalties of perjury, the following:
1. That I am a Member of the firm KRENTSEL GUZMAN HERBERT, LLP, the
attorneys for the Plaintiff herein, and I am familiar with the facts and circumstances of this action.
This affirmation is made upon information and belief, your affirmant's source of knowledge being
the file in this matter maintained by the attorneys for the Plaintiff.
2. This affirmation is submitted in support of the within motion for an Order: (1) Granting a
Default Judgment against Defendant, SMITELL B-1 LLC, for failure to answer the complaint
within the time permitted by law; (2) setting this matter down for an Inquest at time of trial on
damages only; and (3) for such other, further and different relief as to this Honorable Court may
deem just and proper.
FACTUAL HISTORY
3. This case stems from a premises accident that took place on or about January 30,
27th
2023, on or near 217 West Street, Apartment 118, New York, NY. More specifically, due to
Defendant, SMITELL B-1 LLC, negligence and carelessness, Plaintiff was caused to sustain very
serious personal injuries of a debilitating nature with lifelong residuals. A copy of Plaintiff's
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FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023
Affidavit of Merit is attached hereto as Exhibit 1.
PROCEDURAL HISTORY
4. A Summons and Complaint was filed on March 16, 2023. A copy of the Summons
and Complaint is attached hereto as Exhibit 2.
5. A copy of the Affidavit of Service as to Defendants, SMITELL B-1 LLC, is
attached hereto as Exhibit 3.
6. To date no answer has been provided by Defendant, SMITELL B-1 LLC.
ARGUMENT
A DEFAULT SHOULD BE GRANTED AGAINST DEFENDANT, SMITELL B-1 LLC
7. The time for the Defendant, SMITELL B-1 LLC, to appear and/or answer or to
move with respect to the Complaint has expired. To date, the Defendant, herein has not made an
appearance, although it's time to do so has expired and the time has not been extended by
Stipulation, Court Order or otherwise. Simply put, the Defendant, SMITELL B-1 LLC, herein is
in default.
8. In view of the foregoing, your affirmant respectfully requests that this Court issue an
Order SMITELL B1- in default and that this matter be set
declaring Defendant, LLC., directing
down for an immediate inquest on damages.
WHEREFORE, it is respectfully requested that the motion be granted in its entirety and
for such other and further relief as this Court deems just and proper.
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FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023
DATED: New York, New York
April 19, 2023
Jason T. Herbert, Esq.
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FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________________________________________________Ç JAMES GEOFFREY, Index No.: 508174/2023 Plaintiff AFFIRMATION IN SUPPORT -against- SMITELL LLC, SMITELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Defendant. ____________________________________________________________________Ç Jason T. Herbert, Esq., an attorney at law, duly admitted to practice before the Courts of the State of New York, affirms, under the penalties of perjury, the following: 1. That I am a Member of the firm KRENTSEL GUZMAN HERBERT, LLP, the attorneys for the Plaintiff herein, and I am familiar with the facts and circumstances of this action. This affirmation is made upon information and belief, your affirmant's source of knowledge being the file in this matter maintained by the attorneys for the Plaintiff. 2. This affirmation is submitted in support of the within motion for an Order: (1) Granting a Default Judgment against Defendant, SMITELL B-1 LLC, for failure to answer the complaint within the time permitted by law; (2) setting this matter down for an Inquest at time of trial on damages only; and (3) for such other, further and different relief as to this Honorable Court may deem just and proper. FACTUAL HISTORY 3. This case stems from a premises accident that took place on or about January 30, 27th 2023, on or near 217 West Street, Apartment 118, New York, NY. More specifically, due to Defendant, SMITELL B-1 LLC, negligence and carelessness, Plaintiff was caused to sustain very serious personal injuries of a debilitating nature with lifelong residuals. A copy of Plaintiff's 1 of 3 FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023 Affidavit of Merit is attached hereto as Exhibit 1. PROCEDURAL HISTORY 4. A Summons and Complaint was filed on March 16, 2023. A copy of the Summons and Complaint is attached hereto as Exhibit 2. 5. A copy of the Affidavit of Service as to Defendants, SMITELL B-1 LLC, is attached hereto as Exhibit 3. 6. To date no answer has been provided by Defendant, SMITELL B-1 LLC. ARGUMENT A DEFAULT SHOULD BE GRANTED AGAINST DEFENDANT, SMITELL B-1 LLC 7. The time for the Defendant, SMITELL B-1 LLC, to appear and/or answer or to move with respect to the Complaint has expired. To date, the Defendant, herein has not made an appearance, although it's time to do so has expired and the time has not been extended by Stipulation, Court Order or otherwise. Simply put, the Defendant, SMITELL B-1 LLC, herein is in default. 8. In view of the foregoing, your affirmant respectfully requests that this Court issue an Order SMITELL B1- in default and that this matter be set declaring Defendant, LLC., directing down for an immediate inquest on damages. WHEREFORE, it is respectfully requested that the motion be granted in its entirety and for such other and further relief as this Court deems just and proper. 2 of 3 FILED: KINGS COUNTY CLERK 04/19/2023 04:25 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/19/2023 DATED: New York, New York April 19, 2023 Jason T. Herbert, Esq. 3 of 3