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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------------------------------X Index No.: 701241/2021
GEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR,
Plaintiff(s), JUDGMENT
- against -
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE,
Defendant(s).
--------------------------------------------------------------------Ç
The issues in the above entitled action having duly come on for plaintiff's Motion dated
May 9,2 022, before the Honorable Judge Darrell L. Gavrin, J.S.C. returnable June 23, 2022 and
the affirmation dated May 9, 2022 of Jami Amarasinghe, Esq., and the Plaintiff having appeared
by their attorney, Jami Amarasinghe, Esq. of Carman, Callahan & Ingham, LLP, and there being
no opposition by the defendant(s), PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE,
1"
upon the Order of the Honorable Judge Darrell L. Gavrin, J.S.C., entered the day of August,
2022, the Defendant having failed to appear, and after the Motion, the Court awarded Judgment
to Plaintiff.
NOW, upon Motion by Carman, Callahan & Ingham, LLP, 266 Main Street,
Farmingdale, NY 11735 attorneys for the plaintiff(s), it is,
ADJUDGED, that plaintiff(s) Liberty Mutual Insurance Company, currently located at
5050 W. Tilghman Street, Suite 200, Allentown, PA 18104, have judgment and recover from the
defendant(s), PAYANO EXPRESS INC., located at 376 Duncan Avenue, Jersey City, NJ 07306
and ANTONIO PEDRO MARTE, located at 131-01 135 Ave., Apt. 1, South Ozone Park, NY
11420 respectively, the sum of $49,800.00 with interest at the rate of thereon
from April 17, 2018, the date of loss, in the sum of $ , plus costs and
disbursements as taxed by the clerk, in the amount of $ making in all the
sum of $ , and that the plaintiff(s) have execution thereof.
Judgment entered on the day of 2022
Judgment Clerk
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------.........._.....______....-----....___Ç
OEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR, Index No.: 701241/2021
Plaintiff, ORDER WITH NOTICE OF
ENTRY
-against-
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE,
Defendants.
...-----.--........-._..___..__.----------.....--Ç
COUNSELORS:
PLEASE TAKE NOTICE, that the within is a true copy of an Order entered in the
Office of the Clerk of the within-named Court on August 1, 2022.
Dated: Farmingdale, New York
August 2, 2022
Yours, etc.
CARM , LLAHAN & INGHAM, LLP
By:
JAMI C. ARASINOHE, ESQ.
Attorn Plaintiff
GEICO INS RANCE COMPANY
a/s/o CHRISTINA P. MCARTHUR
266 Main Street
Farmingdale, New York 11735
249-3450 - Tel.
(516)
843-6390 - Fax
(516)
File No.: 3053-203
TO:
PAYANO EXPRESS INC
376 Duncan Avenue
Jersey City, NJ 07306
ANTONIO PEDRO MARTE
131-01 135 Ave, Apt 1
South Ozone Park, NY 11420
2 of 7
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/03 2022
MEMORANDUM
8/1/2022
SUPREME COURT: QUEENS COUNTY cOUNTY CLERK
IA PART 27
OEICO INSURANCE COMPANY a/s/o CHRISTINA INDEX NO. 701241/21
P. MCARTHUR,
MOTION DATE July 5, 2022
Plaintiff,
MOTION CAL. NO.
- against -
MOTION SEQUENCE NO. 1
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE,
Defendants.
Plaintiff moves for an order granting a default money judgment against defendants in the
amount of $49,800.00.
This is an action to recover for personal injury protection payments arising out of a result
of an automobile accident that occurred on April 17, 2018 due to the alleged negligence of
defendants. Plaintiff has established that although defendants were served, defendants have not
interposed an answer or otherwise appeared in this action, and entitlement to judgment
Accordingly, a default judgment against defendants is granted, without opposition in the
amount of $49,800.00.
Submit judgment.
DATED: July 27, 2022
DARRELL L. GAVRIN, J . .
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
) ss.:
COUNTY OF NASSAU)
ASHLEY REBIDAS, being duly sworn says: I am not a party to the action, am
over 18 years of age and reside in the State of New York.
On August 022, I served a true copy of the annexed ORDER WITH
NOTICE OF ENTRY, by mailing the same in a sealed envelope, with postage prepaid thereon, in
a post office or official depository of the U.S. Postal Service within the State of New York,
addressed to the last known addresses of the addressees as indicated below:
PAYANO EXPRESS INC
376 Duncan Avenue
Jersey City, NJ07306
ANTONIO PEDRO MARTE
131-01 135 Ave, Apt 1
South Ozone Park, NY 11420
ASHLEY BIDAS
Sw m to before me this
ay of August, 2022.
tary Public
JAMI C. AMARASINGHE
NOTARY PUBLIC. STATE oF NEW YORK
. Registration No. 02AM60SS716
Qualifted in Suffolk County
Commission Expires January 16.
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 701241/2021
COUNTY OF QUEENS
GEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR,
Plaintiff(s),
-against- BILL OF COSTS
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE,
Defendant(s).
Çnts Disbursements
Cost before Note of Issue $ Fee for index number $ 210.00
Cost after Note of issue.......... $ Referee's fees $
Trial of Issue....................... $ Commissioner's compensation $
Allowance by Statute............. $ Clerk's fee, filing notice of pend or attach $
Additional Allowance............ $ Clerk's fee, cancel notice of pend $
Motion cost........................ $ Entering and docketing Judgment $
Appeal to Appellate Term....... $ Paid for searches $
Appeal to Appellate Division... $ Affidavit & Acknowledgements $
Appeal to Court of Appeals..... $ Affidavit & Acknowledgements $
before argument Service Fee $ 159.00
Appeal to Court of Appeals $ Note of Issue $
for argument Paid Referee's report $
Cost by Statute $ Certified copies of papers $
Satisfaction piece $
Transcript and filing $
Certified copy of judgment $
Postage $
RJI $ 97.84
- Fee $
Jury
Stenographers'
fee $
Sheriff's fee on execution $
Sheriff's fees, attachment, arrest $
Paid printing cases $
Paid printing case $
Clerk's fee Court of Appeals $
Paid copies of papers $
Motion expenses $ 46.35
Fees for publication $
Serving subpoena $
Paid for Register's Search $
Paid for County Clerk Search $
Paid for Loan Commissioner's Search $
Paid for U.S District Court Search $
Paid for U.S Circuit Court Search $
Paid for Tax Search $
Paid for Referee's Report $
Attendance of Witness $
Cost: $ 00.00
Disbursement $ 513.19
Total $ 513.19
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ATTORNEY'S AFFIRMATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
The undersigned, an attorney admitted to practice on the Courts of this State, affirms: that
he/she is the attorney(s) of record for the plaintiff(s) in the above entitled action; that the
foregoing disbursements have been or will necessarily be made or incurred in this action and are
reasonable in amount and that each of the persons named as witnesses, attended as such witness
on the trial, hearing or examination before trial herein the number of days set opposite their
names; that each of said persons resided the number of miles set opposite their names, from the
place of said trial, hearing or examination; and each of said persons, as such witness as aforesaid
necessarily traveled the number of miles so set opposite their names, in traveling to , and the
same distance in returning from the same place of trial, hearing or examination; and that copies
of documents or papers as charged herein were actually and necessarily obtained for use.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: Farmingdale, New York
August 2, 2022
JAM RASINGHE, ESQ.
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AFFIDAVIT OF MAILING
STATE OF NEW YORK)
) ss.:
COUNTY OF NASSAU )
ASHLEY REBIDAS, being duly sworn says: I am not a party to the action, am over 18
years of age and reside in the State of New York.
On Augustd 022, I served a true copy of the annexed JUDGMENT, by mailing the
same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of
the U.S. Postal Service within the State of New York, addressed to the last known addresses of
the addressees as indicated below:
PAYANO EXPRESS INC
376 Duncan Avenue
Jersey City, NJ 07306
ANTONIO PEDRO MARTE
131-01 135 Ave, Apt 1
South Ozone Park, NY 11420
ASHLEY BIDAS
rn to before me this
ay of August, 2022
JAMI C. RASINGHE
Notary P State of New York
Registrati 0. 02AM6053715
Qualified in Suffolk County
Commission Expires January 16, 2023
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X Index No.: 701241/2021 GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Plaintiff(s), JUDGMENT - against - PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, Defendant(s). --------------------------------------------------------------------Ç The issues in the above entitled action having duly come on for plaintiff's Motion dated May 9,2 022, before the Honorable Judge Darrell L. Gavrin, J.S.C. returnable June 23, 2022 and the affirmation dated May 9, 2022 of Jami Amarasinghe, Esq., and the Plaintiff having appeared by their attorney, Jami Amarasinghe, Esq. of Carman, Callahan & Ingham, LLP, and there being no opposition by the defendant(s), PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, 1" upon the Order of the Honorable Judge Darrell L. Gavrin, J.S.C., entered the day of August, 2022, the Defendant having failed to appear, and after the Motion, the Court awarded Judgment to Plaintiff. NOW, upon Motion by Carman, Callahan & Ingham, LLP, 266 Main Street, Farmingdale, NY 11735 attorneys for the plaintiff(s), it is, ADJUDGED, that plaintiff(s) Liberty Mutual Insurance Company, currently located at 5050 W. Tilghman Street, Suite 200, Allentown, PA 18104, have judgment and recover from the defendant(s), PAYANO EXPRESS INC., located at 376 Duncan Avenue, Jersey City, NJ 07306 and ANTONIO PEDRO MARTE, located at 131-01 135 Ave., Apt. 1, South Ozone Park, NY 11420 respectively, the sum of $49,800.00 with interest at the rate of thereon from April 17, 2018, the date of loss, in the sum of $ , plus costs and disbursements as taxed by the clerk, in the amount of $ making in all the sum of $ , and that the plaintiff(s) have execution thereof. Judgment entered on the day of 2022 Judgment Clerk 1 of 7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------.........._.....______....-----....___Ç OEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Index No.: 701241/2021 Plaintiff, ORDER WITH NOTICE OF ENTRY -against- PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, Defendants. ...-----.--........-._..___..__.----------.....--Ç COUNSELORS: PLEASE TAKE NOTICE, that the within is a true copy of an Order entered in the Office of the Clerk of the within-named Court on August 1, 2022. Dated: Farmingdale, New York August 2, 2022 Yours, etc. CARM , LLAHAN & INGHAM, LLP By: JAMI C. ARASINOHE, ESQ. Attorn Plaintiff GEICO INS RANCE COMPANY a/s/o CHRISTINA P. MCARTHUR 266 Main Street Farmingdale, New York 11735 249-3450 - Tel. (516) 843-6390 - Fax (516) File No.: 3053-203 TO: PAYANO EXPRESS INC 376 Duncan Avenue Jersey City, NJ 07306 ANTONIO PEDRO MARTE 131-01 135 Ave, Apt 1 South Ozone Park, NY 11420 2 of 7 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/03 2022 MEMORANDUM 8/1/2022 SUPREME COURT: QUEENS COUNTY cOUNTY CLERK IA PART 27 OEICO INSURANCE COMPANY a/s/o CHRISTINA INDEX NO. 701241/21 P. MCARTHUR, MOTION DATE July 5, 2022 Plaintiff, MOTION CAL. NO. - against - MOTION SEQUENCE NO. 1 PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, Defendants. Plaintiff moves for an order granting a default money judgment against defendants in the amount of $49,800.00. This is an action to recover for personal injury protection payments arising out of a result of an automobile accident that occurred on April 17, 2018 due to the alleged negligence of defendants. Plaintiff has established that although defendants were served, defendants have not interposed an answer or otherwise appeared in this action, and entitlement to judgment Accordingly, a default judgment against defendants is granted, without opposition in the amount of $49,800.00. Submit judgment. DATED: July 27, 2022 DARRELL L. GAVRIN, J . . 3 of 7 AFFIDAVIT OF SERVICE STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU) ASHLEY REBIDAS, being duly sworn says: I am not a party to the action, am over 18 years of age and reside in the State of New York. On August 022, I served a true copy of the annexed ORDER WITH NOTICE OF ENTRY, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known addresses of the addressees as indicated below: PAYANO EXPRESS INC 376 Duncan Avenue Jersey City, NJ07306 ANTONIO PEDRO MARTE 131-01 135 Ave, Apt 1 South Ozone Park, NY 11420 ASHLEY BIDAS Sw m to before me this ay of August, 2022. tary Public JAMI C. AMARASINGHE NOTARY PUBLIC. STATE oF NEW YORK . Registration No. 02AM60SS716 Qualifted in Suffolk County Commission Expires January 16. 4 of 7 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 701241/2021 COUNTY OF QUEENS GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Plaintiff(s), -against- BILL OF COSTS PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, Defendant(s). Çnts Disbursements Cost before Note of Issue $ Fee for index number $ 210.00 Cost after Note of issue.......... $ Referee's fees $ Trial of Issue....................... $ Commissioner's compensation $ Allowance by Statute............. $ Clerk's fee, filing notice of pend or attach $ Additional Allowance............ $ Clerk's fee, cancel notice of pend $ Motion cost........................ $ Entering and docketing Judgment $ Appeal to Appellate Term....... $ Paid for searches $ Appeal to Appellate Division... $ Affidavit & Acknowledgements $ Appeal to Court of Appeals..... $ Affidavit & Acknowledgements $ before argument Service Fee $ 159.00 Appeal to Court of Appeals $ Note of Issue $ for argument Paid Referee's report $ Cost by Statute $ Certified copies of papers $ Satisfaction piece $ Transcript and filing $ Certified copy of judgment $ Postage $ RJI $ 97.84 - Fee $ Jury Stenographers' fee $ Sheriff's fee on execution $ Sheriff's fees, attachment, arrest $ Paid printing cases $ Paid printing case $ Clerk's fee Court of Appeals $ Paid copies of papers $ Motion expenses $ 46.35 Fees for publication $ Serving subpoena $ Paid for Register's Search $ Paid for County Clerk Search $ Paid for Loan Commissioner's Search $ Paid for U.S District Court Search $ Paid for U.S Circuit Court Search $ Paid for Tax Search $ Paid for Referee's Report $ Attendance of Witness $ Cost: $ 00.00 Disbursement $ 513.19 Total $ 513.19 5 of 7 ATTORNEY'S AFFIRMATION STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) The undersigned, an attorney admitted to practice on the Courts of this State, affirms: that he/she is the attorney(s) of record for the plaintiff(s) in the above entitled action; that the foregoing disbursements have been or will necessarily be made or incurred in this action and are reasonable in amount and that each of the persons named as witnesses, attended as such witness on the trial, hearing or examination before trial herein the number of days set opposite their names; that each of said persons resided the number of miles set opposite their names, from the place of said trial, hearing or examination; and each of said persons, as such witness as aforesaid necessarily traveled the number of miles so set opposite their names, in traveling to , and the same distance in returning from the same place of trial, hearing or examination; and that copies of documents or papers as charged herein were actually and necessarily obtained for use. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Farmingdale, New York August 2, 2022 JAM RASINGHE, ESQ. 6 of 7 AFFIDAVIT OF MAILING STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU ) ASHLEY REBIDAS, being duly sworn says: I am not a party to the action, am over 18 years of age and reside in the State of New York. On Augustd 022, I served a true copy of the annexed JUDGMENT, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known addresses of the addressees as indicated below: PAYANO EXPRESS INC 376 Duncan Avenue Jersey City, NJ 07306 ANTONIO PEDRO MARTE 131-01 135 Ave, Apt 1 South Ozone Park, NY 11420 ASHLEY BIDAS rn to before me this ay of August, 2022 JAMI C. RASINGHE Notary P State of New York Registrati 0. 02AM6053715 Qualified in Suffolk County Commission Expires January 16, 2023 7 of 7