Preview
FILED: KINGS COUNTY CLERK 03/02/2021 03:34 PM INDEX NO. 523030/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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797 OCEAN AVE LLC, Index No. 523030/2020
Plaintiff,
v.
ATTORNEY AFFIRMATION
SARAH G. LICHTMAN, YOSSEL LICHTMAN IN SUPPORT
a/k/a JOSEPH LICHTMAN, 799 OCEAN REALTY LLC,
and ROGERS BUILDERS AND DEVELOPMENT LLC,
Defendants.
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MICHAEL NACMIAS, ESQ., affirms the following subject to the penalties for perjury:
1. I am an attorney admitted to practice law in the State of New York and counsel to
Plaintiff herein. I have personal knowledge of the matters set forth below, and the exhibits annexed
hereto are true copies of the original documents. I submit this Affirmation in support of Plaintiff’s
motion for leave to enter judgment by default against Defendants SARAH G. LICHTMAN,
YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN, 799 OCEAN REALTY LLC, and ROGERS
BUILDERS AND DEVELOPMENT LLC (collectively the “Defendants”) pursuant to C.P.L.R.
3215(a).
2. This action was commenced on November 18, 2020. A true copy of the Summons
and Complaint is annexed hereto as Exhibit 1.
3. The action arises out of property damage, that Defendants are liable for to the
Plaintiff, due to Defendants carrying out construction on a property adjacent to Plaintiff’s property,
located at 797 Ocean Avenue, Brooklyn, New York 11230. Defendants SARAH G. LICHTMAN
and YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN (hereinafter collectively referred to as the
“Lichtman Defendants”) signed an Agreement with Plaintiff, wherein the Lichtman Defendants
agreed to reimburse Plaintiff for the damages already caused to Plaintiff’s property by the
Defendants at the time of the Agreement, and for all future damages caused to Plaintiff’s property
due to the Defendants’ construction work. The Agreement is attached as Exhibit “A” to the
Summons and Complaint, annexed hereto as Exhibit 1.
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FILED: KINGS COUNTY CLERK 03/02/2021 03:34 PM INDEX NO. 523030/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021
4. Upon information and belief 799 OCEAN REALTY LLC is a New York State
Limited Liability Company organized and existing under and by virtue of the laws of the State of
New York.
5. Upon information and belief ROGERS BUILDERS AND DEVELOPMENT LLC
is a New York State Limited Liability Company organized and existing under and by virtue of the
laws of the State of New York.
6. On December 1, 2020, Benjamin Guzi, a licensed process server, served SARAH
G. LICHTMAN. The affidavit of service is annexed hereto as Exhibit 2.
7. On December 1, 2020, Benjamin Guzi, a licensed process server, served YOSSEL
LICHTMAN a/k/a JOSEPH LICHTMAN. The affidavit of service is annexed hereto as Exhibit
3.
8. On November 27, 2020, James Perone, a licensed process server, served 799
OCEAN REALTY LLC., through Colleen Banahan, an authorized agent in the Office of the
Secretary of State, of the State of New York. The affidavit of service is annexed hereto as Exhibit
4.
9. On November 27, 2020, James Perone, a licensed process server, served ROGERS
BUILDERS AND DEVELOPMENT LLC, through Colleen Banahan, an authorized agent in the
Office of the Secretary of State, of the State of New York. The affidavit of service is annexed
hereto as Exhibit 5.
10. On January 11, 2021, the Defendants were sent notice of demand letters to respond
to the Summons and Complaint. The Defendants each failed to file a responsive pleading and did
not respond to the notice of default. See the notice of demand letters annexed collectively hereto
as Exhibit 6.
11. Defendants SARAH G. LICHTMAN and YOSSEL LICHTMAN a/k/a JOSEPH
LICHTMAN are not in the military, per the attached Affidavit of Non-military annexed
collectively hereto as Exhibit 7.
12. The Defendants each have defaulted on their obligation to pay.
13. The Defendants each did not respond to the notice of default and did not remit
payment after receipt of the notice of default.
14. Plaintiff has a meritorious action and respectfully request that the court grant leave
to enter a default judgment against Defendants who have willfully defaulted in this action.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021
15. No prior relief has been requested.
Dated: Brooklyn, New York
March 2, 2021
Nacmias Law Firm, PLLC
________________________
By: Michael Nacmias, Esq.
Attorneys for the Plaintiff
940 Atlantic Avenue, First Floor
Brooklyn, New York 11238
(347) 392-6356
Michael@nacmiaslaw.com
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Preview
FILED: KINGS COUNTY CLERK 03/02/2021 03:34 PM INDEX NO. 523030/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X 797 OCEAN AVE LLC, Index No. 523030/2020 Plaintiff, v. ATTORNEY AFFIRMATION SARAH G. LICHTMAN, YOSSEL LICHTMAN IN SUPPORT a/k/a JOSEPH LICHTMAN, 799 OCEAN REALTY LLC, and ROGERS BUILDERS AND DEVELOPMENT LLC, Defendants. ----------------------------------------------------------------------X MICHAEL NACMIAS, ESQ., affirms the following subject to the penalties for perjury: 1. I am an attorney admitted to practice law in the State of New York and counsel to Plaintiff herein. I have personal knowledge of the matters set forth below, and the exhibits annexed hereto are true copies of the original documents. I submit this Affirmation in support of Plaintiff’s motion for leave to enter judgment by default against Defendants SARAH G. LICHTMAN, YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN, 799 OCEAN REALTY LLC, and ROGERS BUILDERS AND DEVELOPMENT LLC (collectively the “Defendants”) pursuant to C.P.L.R. 3215(a). 2. This action was commenced on November 18, 2020. A true copy of the Summons and Complaint is annexed hereto as Exhibit 1. 3. The action arises out of property damage, that Defendants are liable for to the Plaintiff, due to Defendants carrying out construction on a property adjacent to Plaintiff’s property, located at 797 Ocean Avenue, Brooklyn, New York 11230. Defendants SARAH G. LICHTMAN and YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN (hereinafter collectively referred to as the “Lichtman Defendants”) signed an Agreement with Plaintiff, wherein the Lichtman Defendants agreed to reimburse Plaintiff for the damages already caused to Plaintiff’s property by the Defendants at the time of the Agreement, and for all future damages caused to Plaintiff’s property due to the Defendants’ construction work. The Agreement is attached as Exhibit “A” to the Summons and Complaint, annexed hereto as Exhibit 1. 1 1 of 3 FILED: KINGS COUNTY CLERK 03/02/2021 03:34 PM INDEX NO. 523030/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021 4. Upon information and belief 799 OCEAN REALTY LLC is a New York State Limited Liability Company organized and existing under and by virtue of the laws of the State of New York. 5. Upon information and belief ROGERS BUILDERS AND DEVELOPMENT LLC is a New York State Limited Liability Company organized and existing under and by virtue of the laws of the State of New York. 6. On December 1, 2020, Benjamin Guzi, a licensed process server, served SARAH G. LICHTMAN. The affidavit of service is annexed hereto as Exhibit 2. 7. On December 1, 2020, Benjamin Guzi, a licensed process server, served YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN. The affidavit of service is annexed hereto as Exhibit 3. 8. On November 27, 2020, James Perone, a licensed process server, served 799 OCEAN REALTY LLC., through Colleen Banahan, an authorized agent in the Office of the Secretary of State, of the State of New York. The affidavit of service is annexed hereto as Exhibit 4. 9. On November 27, 2020, James Perone, a licensed process server, served ROGERS BUILDERS AND DEVELOPMENT LLC, through Colleen Banahan, an authorized agent in the Office of the Secretary of State, of the State of New York. The affidavit of service is annexed hereto as Exhibit 5. 10. On January 11, 2021, the Defendants were sent notice of demand letters to respond to the Summons and Complaint. The Defendants each failed to file a responsive pleading and did not respond to the notice of default. See the notice of demand letters annexed collectively hereto as Exhibit 6. 11. Defendants SARAH G. LICHTMAN and YOSSEL LICHTMAN a/k/a JOSEPH LICHTMAN are not in the military, per the attached Affidavit of Non-military annexed collectively hereto as Exhibit 7. 12. The Defendants each have defaulted on their obligation to pay. 13. The Defendants each did not respond to the notice of default and did not remit payment after receipt of the notice of default. 14. Plaintiff has a meritorious action and respectfully request that the court grant leave to enter a default judgment against Defendants who have willfully defaulted in this action. 2 2 of 3 FILED: KINGS COUNTY CLERK 03/02/2021 03:34 PM INDEX NO. 523030/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2021 15. No prior relief has been requested. Dated: Brooklyn, New York March 2, 2021 Nacmias Law Firm, PLLC ________________________ By: Michael Nacmias, Esq. Attorneys for the Plaintiff 940 Atlantic Avenue, First Floor Brooklyn, New York 11238 (347) 392-6356 Michael@nacmiaslaw.com 3 3 of 3