On June 22, 2016 a
Motion-Secondary
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.
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FILED: QUEENS COUNTY CLERK 05/26/2023 05:33 PM INDEX NO. 707343/2016
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_____________________________________________Ç
MARCELO LEMA,
Plaintiff, Index No.: 707343/2016
-against-
AFFIDAVIT IN SUPPORT
PAN LINK CONSTRUCTION, INC. and
SSW REALTY LLC,
Defendants.
__________________________________________Ç
STATE OF NEW YORK )
)s.s.:
COUNTY OF l\)ASSCL(A )
DAN LIU, being duly sworn, hereby deposes and states the following under the penalties
of perjury:
1. I am the owner of Defendant Pan Link Construction, Inc. ("Pan Link") and as such have
personal knowledge as to this matter.
2. I make this Affidavit in opposition to plaintiff's motion for a default judgment against
Pan Link and in support of Pan Link's cross-motion to dismiss the Complaint.
3. Pan Link first learned about this action on or about November 29, 2022, when a lady who
resides at Pan Link's prior business address of 29 Beach Road, Great Neck, New York
forwarded me a copy of the Notice of Entry of the Default Judgment mailed out by the
Plaintiff.
4. I have never attempted to avoid notice of this action deliberately.
5. Promptly after receiving documents from the lady and learning about the default
judgment, I started looking for an attorney to assist me and retained the Demidchik Law
Firm, PLLC on or about December 7, 2022.
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FILED: QUEENS COUNTY CLERK 05/26/2023 05:33 PM INDEX NO. 707343/2016
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/26/2023
6. On or about December 19, 2022, my attorney moved for an order to show cause seeking
to vacate the default judgment that was entered against Pan Link.
7. I was advised by my attorney that the default judgment against Pan Link was vacated by
this honorable Court on March 28, 2023.
8. Moreover, Plaintiff filed a claim with Worker's Compensation Board on or about June
24, 2015 indicating he was employed by Pan Link (WCB Case # G140 0014), almost a
year before the commencement of this instant action.
9. I duly attended all of the hearings held by the Worker's Compensation Board. At the
conclusion of the Worker's Compensation case an award was issued in Plaintiff's favor
Workers'
by the Compensation Board and he has been receiving payments from Pan
Link's insurance carrier, the State Insurance Fund, up until the present time.
WHEREFORE, the affiant respectfully requests that this Honorable Court deny
Plaintiff's motion for default judgment against Pan Link in its entirety and grant Pan Link's
cross-motion to dismiss the Complaint with prejudice, together with such other and further relief
as this Court deems just, proper and equitable.
( b(
Af
Dan Liu,
President of Pan Link Construction, Inc.
Sworn to before me on this
&d day of May, 2023.
Notary blic
Co. . sia. G×WäasG1W2025
2 of 2
Document Filed Date
May 26, 2023
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 05/26/2023 05:33 PM INDEX NO. 707343/2016 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _____________________________________________Ç MARCELO LEMA, Plaintiff, Index No.: 707343/2016 -against- AFFIDAVIT IN SUPPORT PAN LINK CONSTRUCTION, INC. and SSW REALTY LLC, Defendants. __________________________________________Ç STATE OF NEW YORK ) )s.s.: COUNTY OF l\)ASSCL(A ) DAN LIU, being duly sworn, hereby deposes and states the following under the penalties of perjury: 1. I am the owner of Defendant Pan Link Construction, Inc. ("Pan Link") and as such have personal knowledge as to this matter. 2. I make this Affidavit in opposition to plaintiff's motion for a default judgment against Pan Link and in support of Pan Link's cross-motion to dismiss the Complaint. 3. Pan Link first learned about this action on or about November 29, 2022, when a lady who resides at Pan Link's prior business address of 29 Beach Road, Great Neck, New York forwarded me a copy of the Notice of Entry of the Default Judgment mailed out by the Plaintiff. 4. I have never attempted to avoid notice of this action deliberately. 5. Promptly after receiving documents from the lady and learning about the default judgment, I started looking for an attorney to assist me and retained the Demidchik Law Firm, PLLC on or about December 7, 2022. 1 of 2 FILED: QUEENS COUNTY CLERK 05/26/2023 05:33 PM INDEX NO. 707343/2016 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/26/2023 6. On or about December 19, 2022, my attorney moved for an order to show cause seeking to vacate the default judgment that was entered against Pan Link. 7. I was advised by my attorney that the default judgment against Pan Link was vacated by this honorable Court on March 28, 2023. 8. Moreover, Plaintiff filed a claim with Worker's Compensation Board on or about June 24, 2015 indicating he was employed by Pan Link (WCB Case # G140 0014), almost a year before the commencement of this instant action. 9. I duly attended all of the hearings held by the Worker's Compensation Board. At the conclusion of the Worker's Compensation case an award was issued in Plaintiff's favor Workers' by the Compensation Board and he has been receiving payments from Pan Link's insurance carrier, the State Insurance Fund, up until the present time. WHEREFORE, the affiant respectfully requests that this Honorable Court deny Plaintiff's motion for default judgment against Pan Link in its entirety and grant Pan Link's cross-motion to dismiss the Complaint with prejudice, together with such other and further relief as this Court deems just, proper and equitable. ( b( Af Dan Liu, President of Pan Link Construction, Inc. Sworn to before me on this &d day of May, 2023. Notary blic Co. . sia. G×WäasG1W2025 2 of 2