On September 12, 2023 a
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
was filed
involving a dispute between
Natasha Valentin Cepeda,
and
Elizabeth T. Churchill,
Stephen K Churchill,
for Torts - Motor Vehicle
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------------------------------X Index No.: 718856/2023
NATASHA VALENTIN CEPEDA,
Plaintiff
-against- AFFIRMATION IN SUPPORT
ELIZABETH T. CHURCHILL
and STEPHEN K CHURCHILL,
Defendant.
____________________________________________________________________Ç
Nicholas Gonchar, 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 Defendants, ELIZABETH T. CHURCHILL AND
STEPHEN K CHURCHILL, 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 motor vehicle accident that took place on or about July 17, 2023,
at or near Long Island Expressway Near Exit 19, Queens, New York. More specifically, due to
Defendants'
the negligence and carelessness, Plaintiff was caused to sustain very serious
Plaintiffs'
personal injuries of a debilitating nature with lifelong residuals. A copy of Affidavit of
1 of 2
FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2023
Merit is attached hereto as Exhibit 1.
PROCEDURAL HISTORY
4. A Summons and Complaint was filed on September 12, 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, ELIZABETH T.
CHURCHILL and STEPHEN K CHURCHILL is attached hereto as Exhibit 3.
6. To date, no answer has been provided by Defendants, ELIZABETH T.
CHURCHILL and STEPHEN K CHURCHILL.
ARGUMENT
A DEFAULT SHOULD BE GRANTED AGAINST DEFENDANTS ELIZABETH T.
CHURCHILL and STEPHEN K CHURCHILL
7. The time for the Defendants, ELIZABETH T. CHURCHILL and STEPHEN K
CHURCHILL to appear and/or answer or to move with respect to the Complaint has expired. To
Defendants'
date, the Defendants herein have not made an appearance, although time to do so
has expired and the time has not been extended by Stipulation, Court Order or otherwise. Simply
put, the Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL herein are
in default.
8. In view of the foregoing, your affirmant respectfully requests that this Court issue
an Order declaring Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL
in default and directing that this matter be set 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.
DATED: New York, New York
October 10, 2023
holas-donchar, Esq.
2 of 2
Document Filed Date
October 10, 2023
Case Filing Date
September 12, 2023
Category
Torts - Motor Vehicle
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FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X Index No.: 718856/2023 NATASHA VALENTIN CEPEDA, Plaintiff -against- AFFIRMATION IN SUPPORT ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL, Defendant. ____________________________________________________________________Ç Nicholas Gonchar, 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 Defendants, ELIZABETH T. CHURCHILL AND STEPHEN K CHURCHILL, 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 motor vehicle accident that took place on or about July 17, 2023, at or near Long Island Expressway Near Exit 19, Queens, New York. More specifically, due to Defendants' the negligence and carelessness, Plaintiff was caused to sustain very serious Plaintiffs' personal injuries of a debilitating nature with lifelong residuals. A copy of Affidavit of 1 of 2 FILED: QUEENS COUNTY CLERK 10/10/2023 05:11 PM INDEX NO. 718856/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2023 Merit is attached hereto as Exhibit 1. PROCEDURAL HISTORY 4. A Summons and Complaint was filed on September 12, 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, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL is attached hereto as Exhibit 3. 6. To date, no answer has been provided by Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL. ARGUMENT A DEFAULT SHOULD BE GRANTED AGAINST DEFENDANTS ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL 7. The time for the Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL to appear and/or answer or to move with respect to the Complaint has expired. To Defendants' date, the Defendants herein have not made an appearance, although time to do so has expired and the time has not been extended by Stipulation, Court Order or otherwise. Simply put, the Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL herein are in default. 8. In view of the foregoing, your affirmant respectfully requests that this Court issue an Order declaring Defendants, ELIZABETH T. CHURCHILL and STEPHEN K CHURCHILL in default and directing that this matter be set 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. DATED: New York, New York October 10, 2023 holas-donchar, Esq. 2 of 2