Preview
FILED: QUEENS COUNTY CLERK 01/23/2024 10:23 AM INDEX NO. 712501/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------ - - - - - - - - - -- ------------------------- - - X AFFIDAVIT OF MERIT
NEW YORK FAST GENERAL CONTRACTING CORP.,
Plaintiff, Index No.: 712501/2023
-against-
MEK FINANCIAL SERVICES CORP.,
Defendant.
--------------------------------------------X
State of New York )
)ss.:
County of New York )
OSCAR VELASQUEZ, being duly swom deposes and says:
1. Plaintiff, NY Fast General Contracting Corp. ("MEK"), is a domestic business corporation
183rd
with offices for the conduct of its business located at: 93-02 Street, Queens, New York
11423.
2. I submit this affidavit in support of NY Fast's application for the entry of a defauk
judgment against defendant, MEK Financial Services Corp. ("MEK"), and further for an order
setting this matter down for an inquest for the assessment of damages, together with such other
and further relief as the Court may deem necessary and proper in the premises.
3. At the time of the events complained of in the complaint I was the president of New York
Fast. As to those matters stated to be true, I know the same to be true of my own personal
knowledge; as to those matters stated to be made upon information and belief, I believe the same
to be true based upon the source cited in each instance that such a statement is made by me.
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4. In or around May 15, 2017, NY Fast first learned that a lawsuit had been commenced in
the Queens County Supreme Court, naming it and others as defendants ina personal injury lawsuit.
(Jose David Barreira-Hernandez - against- Triple 888 Development LLC, Kings Star
Group
Construction Co., Inc., New York Fast General Contracting Corp. and Louis Services Corp.,
Queens County Supreme Court Index No. 709856/2016 ("the Barreira-Hernandez action")) (Pl.
Ex. 1, Complt. ECF Doc. No. 2 at ¶ 8).
5. At the time of the events complained of in the Barreira-Hernandez complaint, defendant,
MEK Financial Services Corp. ("MEK"), was the insurance broker that was relied upon by NY
Fast for all of its insurance requirements and through which general liability insurance covering
the period alleged in the complaint was obtained by NY Fast (¶¶ 5-71).
6. In accordance with past practice between NY Fast and MEK, on May 15, 2017, a
of the notice that was received NY Fast the Barreira- Hernandez lawsuit was
copy by regarding
forwarded to MEK for processing, in order to make sure that the necessary insurance carrier was
notified and that NY Fast was provided with a defense. At that time, NY Fast also advised MEK
that it had never worked at the location at which the injuries in the Barreira- Hernandez lawsuit
were alleged to have taken place and, that it had no knowledge at all of the complained-of incident
(¶¶ 9-12).
1
Unless otherwise mentioned, reference to paragraph numbers (¶) shall be understood to refer to
the paragraph numbers of the complaint in this action.
2
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024
7. It developed that MEK did not take any follow-up measures to make certain that a
defense would be provided to NY Fast by the insurance carrier (¶ 13). Since NY Fast had not
worked at the location where the injuries were alleged to have taken place, it was believed by NY
Fast that no further action needed to be taken and that NY Fast had been provided with a defense.
8. As a consequence of the failure on the part of MEK to make certain that a defense
was provided to MEK, on December 23, 2020, a default judgment in the amount of $438,933.49,
New York in the Barreira- Hernandez action
was entered against Fast (¶ 15).
9. NY Fast first received notification that a judgment had been entered against it on
September 29, 2021, when it received notice from Chase Bank, that its business checking account
had been restrained pursuant to a Restraining Notice received by the bank in connection with the
Barreira- Hernandez action 17). On October the restrained funds were levied upon
(¶ 6, 2021,
and $70,148.98 of NY Fast's funds was paid to the Barreira- Hernandez plaintiffs
operating (¶
18).
10. Upon information and belief, based upon information provided to me by counsel,
on or about November 5, 2021, a motion to vacate the judgment was made on behalf of NY Fast
plaintiffs'
and an Orderwas signed directing counsel to hold therestrained fundspending a hearing
on NY Fast's application which was scheduled for January 11, 2022. The restrained funds were
released to NY Fast on or about January 19, 2022.
3
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11. The account that was restrained as the sesult of the Barreira- Hernandez default
judgment was NY Fast's operating account. As a direct consequence of the restraint and levy. NY
F ast was effectively put out of business for a period of four months in a loss to NY Fast
resulting
of an amount believed to be in excess of $285,000.
WHERE FORE. it is respectfully requested that a default judgment be entenud in favor of
plaintitT New York Fast General Contracting Corp.and against defendant, MEK Financial Services
Corp., and that this matter be set down for an inquest for the assessment of damages and that a
judgment be entered for the amount determined by the Court to be due, together with such other
and further relief as the Court may deem necessary and proper in the premises.
Dated: January /_ 2024
New York. New York
Swom to before me this day of
January 2024
NOTARY PUBl.1C
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Preview
FILED: QUEENS COUNTY CLERK 01/23/2024 10:23 AM INDEX NO. 712501/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------ - - - - - - - - - -- ------------------------- - - X AFFIDAVIT OF MERIT NEW YORK FAST GENERAL CONTRACTING CORP., Plaintiff, Index No.: 712501/2023 -against- MEK FINANCIAL SERVICES CORP., Defendant. --------------------------------------------X State of New York ) )ss.: County of New York ) OSCAR VELASQUEZ, being duly swom deposes and says: 1. Plaintiff, NY Fast General Contracting Corp. ("MEK"), is a domestic business corporation 183rd with offices for the conduct of its business located at: 93-02 Street, Queens, New York 11423. 2. I submit this affidavit in support of NY Fast's application for the entry of a defauk judgment against defendant, MEK Financial Services Corp. ("MEK"), and further for an order setting this matter down for an inquest for the assessment of damages, together with such other and further relief as the Court may deem necessary and proper in the premises. 3. At the time of the events complained of in the complaint I was the president of New York Fast. As to those matters stated to be true, I know the same to be true of my own personal knowledge; as to those matters stated to be made upon information and belief, I believe the same to be true based upon the source cited in each instance that such a statement is made by me. 1 of 4 FILED: QUEENS COUNTY CLERK 01/23/2024 10:23 AM INDEX NO. 712501/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024 4. In or around May 15, 2017, NY Fast first learned that a lawsuit had been commenced in the Queens County Supreme Court, naming it and others as defendants ina personal injury lawsuit. (Jose David Barreira-Hernandez - against- Triple 888 Development LLC, Kings Star Group Construction Co., Inc., New York Fast General Contracting Corp. and Louis Services Corp., Queens County Supreme Court Index No. 709856/2016 ("the Barreira-Hernandez action")) (Pl. Ex. 1, Complt. ECF Doc. No. 2 at ¶ 8). 5. At the time of the events complained of in the Barreira-Hernandez complaint, defendant, MEK Financial Services Corp. ("MEK"), was the insurance broker that was relied upon by NY Fast for all of its insurance requirements and through which general liability insurance covering the period alleged in the complaint was obtained by NY Fast (¶¶ 5-71). 6. In accordance with past practice between NY Fast and MEK, on May 15, 2017, a of the notice that was received NY Fast the Barreira- Hernandez lawsuit was copy by regarding forwarded to MEK for processing, in order to make sure that the necessary insurance carrier was notified and that NY Fast was provided with a defense. At that time, NY Fast also advised MEK that it had never worked at the location at which the injuries in the Barreira- Hernandez lawsuit were alleged to have taken place and, that it had no knowledge at all of the complained-of incident (¶¶ 9-12). 1 Unless otherwise mentioned, reference to paragraph numbers (¶) shall be understood to refer to the paragraph numbers of the complaint in this action. 2 2 of 4 FILED: QUEENS COUNTY CLERK 01/23/2024 10:23 AM INDEX NO. 712501/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024 7. It developed that MEK did not take any follow-up measures to make certain that a defense would be provided to NY Fast by the insurance carrier (¶ 13). Since NY Fast had not worked at the location where the injuries were alleged to have taken place, it was believed by NY Fast that no further action needed to be taken and that NY Fast had been provided with a defense. 8. As a consequence of the failure on the part of MEK to make certain that a defense was provided to MEK, on December 23, 2020, a default judgment in the amount of $438,933.49, New York in the Barreira- Hernandez action was entered against Fast (¶ 15). 9. NY Fast first received notification that a judgment had been entered against it on September 29, 2021, when it received notice from Chase Bank, that its business checking account had been restrained pursuant to a Restraining Notice received by the bank in connection with the Barreira- Hernandez action 17). On October the restrained funds were levied upon (¶ 6, 2021, and $70,148.98 of NY Fast's funds was paid to the Barreira- Hernandez plaintiffs operating (¶ 18). 10. Upon information and belief, based upon information provided to me by counsel, on or about November 5, 2021, a motion to vacate the judgment was made on behalf of NY Fast plaintiffs' and an Orderwas signed directing counsel to hold therestrained fundspending a hearing on NY Fast's application which was scheduled for January 11, 2022. The restrained funds were released to NY Fast on or about January 19, 2022. 3 3 of 4 FILED: QUEENS COUNTY CLERK 01/23/2024 10:23 AM INDEX NO. 712501/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/23/2024 11. The account that was restrained as the sesult of the Barreira- Hernandez default judgment was NY Fast's operating account. As a direct consequence of the restraint and levy. NY F ast was effectively put out of business for a period of four months in a loss to NY Fast resulting of an amount believed to be in excess of $285,000. WHERE FORE. it is respectfully requested that a default judgment be entenud in favor of plaintitT New York Fast General Contracting Corp.and against defendant, MEK Financial Services Corp., and that this matter be set down for an inquest for the assessment of damages and that a judgment be entered for the amount determined by the Court to be due, together with such other and further relief as the Court may deem necessary and proper in the premises. Dated: January /_ 2024 New York. New York Swom to before me this day of January 2024 NOTARY PUBl.1C -- . 4 of 4