Preview
FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______________________________________________.._.x
MOUNTAIN VALLEY INDEMNITY COMPANY, Index No. 151433/2020
Plaintiff '
ORDERANDJUDGMENT
WITH NOTICE OF ENTRY
vs.
MENELIK EADDY, ESSIE GASKIN,
Defendants.
____________________________________________x
PLEASE TAKE NOTICE, that the attached is a true copy of the Decision, Order and
Judgrnent of the Hon. Louis L. Nock, J.S.C., dated April 11, 2022 and entered with Clerk of the
within named Court on April 22, 2022.
Dated: New York, New York
April 26, 2022
Yours, etc.
MOUND COTTON WOLLAN &
GREENGRASS LLP
By: /s/ Tania A. Gondiosa
Kevin F. Buckley
Tania A. Gondiosa
Attorneys for Plaintiff
Mountain Valley Indemnity Company
One New York Plaza
New York, New York 10004-1901
Tel No.: (212) 804-4200
Fax No.: (212) 344-8066
File No.: 3506.140
To: Menelik Eaddy
173rd
109-21
Jamaica, NY 11433
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SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LOUIS L. NOCK PART 38M
Justice
......---..----,.------....,-.---------..--.....-----..-----X INDEX NO. 151433/2020
MOUNTAIN VALLEY INDEMNITY COMPANY,
MOTION DATE 02/11/2021
Plaintiff,
MOTION SEQ. NO. 001
- v -
MENELIK EADDY, ESSIE GASKIN DECISION + ORDER ON
MOTION
Defendant.
______-....--------..---------------___________Ç
The following e-filed documents, listed by NYSCEF document number (MOtion 001) 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28
were read on this motion to/for JUDGMENT - DEFAULT
Upon the foregoing documents, it is hereby ordered that the motion is granted, on default
and without opposition, in accordance with the annexed Order and Judgment of even date
herewith.
DATE '±þUIS L. NOG , J.S.C.
CHECK ONE: CASE DISPOSED NON-FINALDISPOSITION
X GRANTED DENIED GRANTEDIN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINTMENT REFERENCE
151433/2020 MOUNTAIN VALLEY INDEMN1TY vs. EADDY, MENELIK T, Page 1 of 1
MotionNo.001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_________--______________.......-----,.-----..------- X
MOUNTAIN VALLEY INDEMNITY COMPANY, Index No. 151433/2020
Plaintiff
ORDER AND JUDGMENT
-against-
MENELIK T. EADDY and ESSIE L. GASKIN,
Defendants.
______________..--________..-------------- x
The above captioned action, having duly come by motion made by Plaintiff Mountain
Valley"
Valley Indemnity Company ("Mountain or "Plaintiff"), seeking an Order:
(a) Pursuant to CPLR 3215(a) granting Mountain Valley default judgment
against defendant Menelik T. Eaddy ("Eaddy");
(b) Pursuant to CPLR 3212, granting Mountain Valley summary judgment
against defendants,
Eaddy and Essie L.
declaring Gaskin
that ("Gaskin"),
it has no duty to defend or indemnify Eaddy in the lawsuit entitled Essie L.
The Damon L Mansell-
Gaskin v. City of New York, Sheppard, Michelle
Shepard and Menelik T. Eaddy, pending in the Supreme Court of the State
of New York, Kings County under Index No.: 525012/2018 (the
"Underlying Action"); and
(c) For any such other and further relief to Plaintiff as this Court may deem
just, proper and equitable.
And, this motion having been duly heard and fully submitted to Honorable Louis L. Nock
on March 11, 2021;
And the Court having duly considered the Affirmation in Support of Plaintiff's motion
for default and summary judgment by Tania A. Gondiosa, dated February 11, 2021, together
with the exhibits annexed thereto; the Affidavit of Daniel Brownsey, sworn to on January 26,
2021, together with the exhibits annexed thereto; the Affidavit of Scott J. Rickli, sworn to on
February 2, 2021, together with the exhibits annexed thereto; the Statement of Material Facts,
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dated February 11, 2021; and the Memorandum of Law by Tania A. Gondiosa, dated February
1 1, 2021; and upon all of the prior pleadings and proceedings heretofore had herein;
AND no opposition having been submitted thereto; it is hereby
ORDERED that Mountain Valley's motion pursuant to CPLR 3215(a) for a default
judgment against defendant Eaddy is granted; and it is further
ORDERED that Mountain Valley's motion pursuant to CPLR 3212, for summary
judgment against defendant Gaskin is granted; and it is further
ORDERED, ADJUDGED and DECREED, that there is no coverage for Eaddy under the
policy issued by Mountain Valley under policy number 2005245991, for the policy period from
August 29, 2017 to August 29, 2018 ("Mountain Valley policy"), including no coverage for any
and all claims and causes of action asserted against Eaddy in the Underlying Action; and it is
further
ORDERED, ADJUDGED and DECREED, that Mountain Valley has no duty to defend
or indemnify Eaddy for the Underlying Action under the Mountain Valley policy.
No costs are sought with the entry of this Declaratory Judgment.
rder a d Judgment s n)d this y of
2022
HON. S1. NOCR. J.S.C.
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_________-----------------------_ ____________ x
MOUNTAIN VALLEY INDEMNITY Index No.: 151433/2020
COMPANY,
Plaintiff, AFFIDAVIT OF SERVICE
-against-
MENELIK T. EADDY and ESSIE L. GASKIN,
Defendants.
___________ __--------------_ _ __ ___ _ ____________ x
Leslie Fluker, being duly sworn, deposes and says:
That deponent is not a party to this action, is over the age of 18 years and resides in
Richrnond County, New York.
That on April 26, 2022 deponent served the within ORDER AND JUDGMENT
WITH NOTICE OF ENTRY upon:
Menelik Eaddy
173rd
109-21 St.
Jarnaica, NY 11433
the addresses designated by said attorneys for that purpose by enclosing the same in a properly
addressed wrapper directed to said attorneys at the above address under the exclusive care and
custody of United States Post Office.
Leslie Flul/er
Sworn to before me on
April 26, 2022
Notary Public
ALEX CHAIMOWIT2
New York
Notary Public, State of
No. 4997901
Qualified in Nassau County
Commission Expires June 15,2
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for Attorney(s)
Dated:
admitted. hereby
is within theof copy
a of Service To:
804-4200(212)
YORK,
NY
10004-1901 NEW
PLAZA YORK New ONE
Address,
Telephone OfficePostand Office
Attorneys
forPlaintiff
LLP &
GREENGRASS WOLLAN OTTON
C MOUND
ENTRY
OF NOTICE WITH JUDGMENT
AND ORDER
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______________________________________________.._.x MOUNTAIN VALLEY INDEMNITY COMPANY, Index No. 151433/2020 Plaintiff ' ORDERANDJUDGMENT WITH NOTICE OF ENTRY vs. MENELIK EADDY, ESSIE GASKIN, Defendants. ____________________________________________x PLEASE TAKE NOTICE, that the attached is a true copy of the Decision, Order and Judgrnent of the Hon. Louis L. Nock, J.S.C., dated April 11, 2022 and entered with Clerk of the within named Court on April 22, 2022. Dated: New York, New York April 26, 2022 Yours, etc. MOUND COTTON WOLLAN & GREENGRASS LLP By: /s/ Tania A. Gondiosa Kevin F. Buckley Tania A. Gondiosa Attorneys for Plaintiff Mountain Valley Indemnity Company One New York Plaza New York, New York 10004-1901 Tel No.: (212) 804-4200 Fax No.: (212) 344-8066 File No.: 3506.140 To: Menelik Eaddy 173rd 109-21 Jamaica, NY 11433 1 of 6 FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022 INDEX NO. 151433/2020 F ILED : NEW YORK COUNTY CLERK 0 4 / 2 2 / 2 0 2 2 12 : 5 8 PM| NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 04/12/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LOUIS L. NOCK PART 38M Justice ......---..----,.------....,-.---------..--.....-----..-----X INDEX NO. 151433/2020 MOUNTAIN VALLEY INDEMNITY COMPANY, MOTION DATE 02/11/2021 Plaintiff, MOTION SEQ. NO. 001 - v - MENELIK EADDY, ESSIE GASKIN DECISION + ORDER ON MOTION Defendant. ______-....--------..---------------___________Ç The following e-filed documents, listed by NYSCEF document number (MOtion 001) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 were read on this motion to/for JUDGMENT - DEFAULT Upon the foregoing documents, it is hereby ordered that the motion is granted, on default and without opposition, in accordance with the annexed Order and Judgment of even date herewith. DATE '±þUIS L. NOG , J.S.C. CHECK ONE: CASE DISPOSED NON-FINALDISPOSITION X GRANTED DENIED GRANTEDIN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINTMENT REFERENCE 151433/2020 MOUNTAIN VALLEY INDEMN1TY vs. EADDY, MENELIK T, Page 1 of 1 MotionNo.001 1 of 3 2 of 6 FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED INDEX NYSCEF: NO. 04/26/2022 151433/2020 (FILED: NEW YORK COUNTY CLERK 04/22 /2 022 12 : 58 PMj NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 04/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _________--______________.......-----,.-----..------- X MOUNTAIN VALLEY INDEMNITY COMPANY, Index No. 151433/2020 Plaintiff ORDER AND JUDGMENT -against- MENELIK T. EADDY and ESSIE L. GASKIN, Defendants. ______________..--________..-------------- x The above captioned action, having duly come by motion made by Plaintiff Mountain Valley" Valley Indemnity Company ("Mountain or "Plaintiff"), seeking an Order: (a) Pursuant to CPLR 3215(a) granting Mountain Valley default judgment against defendant Menelik T. Eaddy ("Eaddy"); (b) Pursuant to CPLR 3212, granting Mountain Valley summary judgment against defendants, Eaddy and Essie L. declaring Gaskin that ("Gaskin"), it has no duty to defend or indemnify Eaddy in the lawsuit entitled Essie L. The Damon L Mansell- Gaskin v. City of New York, Sheppard, Michelle Shepard and Menelik T. Eaddy, pending in the Supreme Court of the State of New York, Kings County under Index No.: 525012/2018 (the "Underlying Action"); and (c) For any such other and further relief to Plaintiff as this Court may deem just, proper and equitable. And, this motion having been duly heard and fully submitted to Honorable Louis L. Nock on March 11, 2021; And the Court having duly considered the Affirmation in Support of Plaintiff's motion for default and summary judgment by Tania A. Gondiosa, dated February 11, 2021, together with the exhibits annexed thereto; the Affidavit of Daniel Brownsey, sworn to on January 26, 2021, together with the exhibits annexed thereto; the Affidavit of Scott J. Rickli, sworn to on February 2, 2021, together with the exhibits annexed thereto; the Statement of Material Facts, 2 of 3 3 of 6 FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022 INDEX NO. 151433/2020 (FILED: NEW YORK COUNTY CLERK 04 /22 /2 022 12 : 5 8 PM| NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 04/12/2022 dated February 11, 2021; and the Memorandum of Law by Tania A. Gondiosa, dated February 1 1, 2021; and upon all of the prior pleadings and proceedings heretofore had herein; AND no opposition having been submitted thereto; it is hereby ORDERED that Mountain Valley's motion pursuant to CPLR 3215(a) for a default judgment against defendant Eaddy is granted; and it is further ORDERED that Mountain Valley's motion pursuant to CPLR 3212, for summary judgment against defendant Gaskin is granted; and it is further ORDERED, ADJUDGED and DECREED, that there is no coverage for Eaddy under the policy issued by Mountain Valley under policy number 2005245991, for the policy period from August 29, 2017 to August 29, 2018 ("Mountain Valley policy"), including no coverage for any and all claims and causes of action asserted against Eaddy in the Underlying Action; and it is further ORDERED, ADJUDGED and DECREED, that Mountain Valley has no duty to defend or indemnify Eaddy for the Underlying Action under the Mountain Valley policy. No costs are sought with the entry of this Declaratory Judgment. rder a d Judgment s n)d this y of 2022 HON. S1. NOCR. J.S.C. 2 3 of 3 4 of 6 FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _________-----------------------_ ____________ x MOUNTAIN VALLEY INDEMNITY Index No.: 151433/2020 COMPANY, Plaintiff, AFFIDAVIT OF SERVICE -against- MENELIK T. EADDY and ESSIE L. GASKIN, Defendants. ___________ __--------------_ _ __ ___ _ ____________ x Leslie Fluker, being duly sworn, deposes and says: That deponent is not a party to this action, is over the age of 18 years and resides in Richrnond County, New York. That on April 26, 2022 deponent served the within ORDER AND JUDGMENT WITH NOTICE OF ENTRY upon: Menelik Eaddy 173rd 109-21 St. Jarnaica, NY 11433 the addresses designated by said attorneys for that purpose by enclosing the same in a properly addressed wrapper directed to said attorneys at the above address under the exclusive care and custody of United States Post Office. Leslie Flul/er Sworn to before me on April 26, 2022 Notary Public ALEX CHAIMOWIT2 New York Notary Public, State of No. 4997901 Qualified in Nassau County Commission Expires June 15,2 5 of 6 FILED: NEW YORK COUNTY CLERK 04/26/2022 02:50 PM INDEX NO. 151433/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 04/26/2022 for Attorney(s) Dated: admitted. hereby is within theof copy a of Service To: 804-4200(212) YORK, NY 10004-1901 NEW PLAZA YORK New ONE Address, Telephone OfficePostand Office Attorneys forPlaintiff LLP & GREENGRASS WOLLAN OTTON C MOUND ENTRY OF NOTICE WITH JUDGMENT AND ORDER 6 of 6