Preview
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
MARCEL MUKHAMEDOV,
Plaintiff,
AFFIRMATION IN SUPPORT
-against-
Index No: 716946/2023
DHANESHWAR BALKARAN,
Defendant.
MELANIE ABRAMS, ESQ., an attorney duly admitted to practice law before the Courts
of the State of New York, pursuant to CPLR 2106, duly affirms the truth of the following:
1. I am principle at the firm of Abrams Law Group, P.C., the attorney for the Plaintiff,
MARCEL MUKHAMEDOV ("Plaintiff") in the subject action.
2. Your affirmant, fully familiar with the facts and circumstances surrounding the
within issues, submits this affirmation in support of the within application for an Order, for the
following relief:
3. An Order, pursuant to CPLR §3215, directing that a default judgment be entered
against the Defendant, DHANESHWAR BALKARAN, or, in the alternative, setting this matter
down for an inquest in favor of the Plaintiff, assessing damages in a sum certain or for a sum which
attorneys'
can, by computation, be made certain, awarding costs, fees and sanctions to Plaintiff's
attorneys, and for such other and further relief which to this Court seems just and proper.
ABRAMS LAW GROUP, P.C.
1 of 5
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024
4. On August 11, 2021, Plaintiff, MARCEL MUKHAMEDOV, ("Plaintiff") was the
lawful cyclist when he was struck by a certain motor vehicle, owned and operated by Defendant,
DHANESHWAR BALKARAN ("Defendant").
5. On August 16, 2023, this instant action was commenced by the purchase of an
Index Number and the electronic filing of the Summons and Verified Complaint with the Queens
County Clerk's Office, under index number 716946/2023. See Summons and Verified
Complaint, Exhibit A.
6. Said Summons and Verified Complaint was properly served on the Defendant.
Shortly thereafter, an Affidavit of Service was electronically filed with the Queens County Clerk.
See Affidavit of Service, Exhibit B.
7. CPLR § 3012(a) provides that:
§3012(a) Service of pleadings.
...Service of an answer or reply shall be made
within twenty days after service of the pleading
to which it responds. (Emphasis added).
8. The Affidavit of Service is proper and sufficient. Service was made in accordance
with the C.P.L.R., specifically Rule 320, and in accordance with subdivision 2 of section 308, such
that Defendant would be defaulted within 30 days after the completion of service. In case at bar,
service had been completed and the default date for Defendant, would be marked for September
21, 2023. As such, Defendant have been in default since September 21, 2023. (Emphasis added).
ABRAMS LAW GROUP, P.C.
2 of 5
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024
9. On December 13, 2023, Plaintiff sent a good-faith default letter with a courtesy
copy of the Summons and Verified Complaint and the Affidavit of Service, via USPS Certified
mail and via USPS First Class Mail, to Defendant. See Default letter to Defendant, Exhibit C.
10. Plaintiff has yet to receive return correspondence from the subject Defendant.
11. More concerning, despite proper service and the corresponding good-faith letter,
Defendant has not appeared, answered, or even moved with respect to the Summons and Verified
Complaint.
12. Defendant has failed to make an appearance.
13. It is apparent that Defendant will not proceed with its defense. In spite of the fact
that your deponent's office has determined the Defendant herein to be the proper parties to this
action and has to this date proceeded in the prescribed manner to unveil its roles and ultimate
culpable conduct in the events which led to the within accident, the Defendant has willfully and
deliberately failed to make an appearance and defend those claims asserted against them and,
therefore, has defaulted.
Defendant'
14. Thus, default herein has been intentional or willful on its part; designed
to prejudice or hamper Plaintiff's ability to litigate this action expeditiously. Plaintiff has a
meritorious cause of action, and further, it is your deponent's belief that sound public policy and
judicial equity mandates that the issues involved herein be decided on the merits.
ABRAMS LAW GROUP, P.C.
3 of 5
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024
15. In view of the foregoing, the within application is made pursuant to CPLR
§3215(a), which states:
§Default Judgment.
(a) Default and entry. When a Defendant has failed to appear, plead or proceed to trial
of an action...., the plaintiff may seek a default judgment against him. If the plaintiff s claim is for
a certain or for a sum which can by computation be made certain, application may be made to the
clerk within one year after the default. The clerk, upon submission of the requisite proof, shall
enter judgment for the amount demanded in the complaint or stated in the notice service pursuant
to subdivision (b) of rule 305, plus costs and interest... (Emphasis added)
16. For all of the foregoing reasons, it is respectfully requested that in addition to the
attorneys'
specific relief sought herein, that costs, fees, and sanctions be awarded to Plaintiff's
attorneys, to be paid by Defendant due to its cavalier disregard exhibited herein, including the
necessity of the within application, in the event this Court sees fit not to enter a default judgment
at this time.
17. No previous application for the relief herein prayed for has been made and the
instant application is timely.
WHEREFORE, it is respectfully requested the following relief be granted in its entirety:
An Order, pursuant to CPLR §3215, directing that a default judgment be entered against the
Defendant, DHANESHWAR BALKARAN, or, in the alternative, setting this matter down for an
inquest in favor of the Plaintiff, assessing damages in a sum certain or for a sum which can, by
ABRAMS LAW GROUP, P.C.
4 of 5
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024
attorneys'
computation, be made certain, awarding costs, fees and sanctions to Plaintiff's attorneys,
and for such other and further relief which to this Court seems just and proper.
Dated: Forest Hills, New York
January 18, 2024
MEL NIE ABRAMS, ESQ.
ABRAMS LAW GROUP, P.C.
5 of 5
Preview
FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MARCEL MUKHAMEDOV, Plaintiff, AFFIRMATION IN SUPPORT -against- Index No: 716946/2023 DHANESHWAR BALKARAN, Defendant. MELANIE ABRAMS, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, pursuant to CPLR 2106, duly affirms the truth of the following: 1. I am principle at the firm of Abrams Law Group, P.C., the attorney for the Plaintiff, MARCEL MUKHAMEDOV ("Plaintiff") in the subject action. 2. Your affirmant, fully familiar with the facts and circumstances surrounding the within issues, submits this affirmation in support of the within application for an Order, for the following relief: 3. An Order, pursuant to CPLR §3215, directing that a default judgment be entered against the Defendant, DHANESHWAR BALKARAN, or, in the alternative, setting this matter down for an inquest in favor of the Plaintiff, assessing damages in a sum certain or for a sum which attorneys' can, by computation, be made certain, awarding costs, fees and sanctions to Plaintiff's attorneys, and for such other and further relief which to this Court seems just and proper. ABRAMS LAW GROUP, P.C. 1 of 5 FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024 4. On August 11, 2021, Plaintiff, MARCEL MUKHAMEDOV, ("Plaintiff") was the lawful cyclist when he was struck by a certain motor vehicle, owned and operated by Defendant, DHANESHWAR BALKARAN ("Defendant"). 5. On August 16, 2023, this instant action was commenced by the purchase of an Index Number and the electronic filing of the Summons and Verified Complaint with the Queens County Clerk's Office, under index number 716946/2023. See Summons and Verified Complaint, Exhibit A. 6. Said Summons and Verified Complaint was properly served on the Defendant. Shortly thereafter, an Affidavit of Service was electronically filed with the Queens County Clerk. See Affidavit of Service, Exhibit B. 7. CPLR § 3012(a) provides that: §3012(a) Service of pleadings. ...Service of an answer or reply shall be made within twenty days after service of the pleading to which it responds. (Emphasis added). 8. The Affidavit of Service is proper and sufficient. Service was made in accordance with the C.P.L.R., specifically Rule 320, and in accordance with subdivision 2 of section 308, such that Defendant would be defaulted within 30 days after the completion of service. In case at bar, service had been completed and the default date for Defendant, would be marked for September 21, 2023. As such, Defendant have been in default since September 21, 2023. (Emphasis added). ABRAMS LAW GROUP, P.C. 2 of 5 FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024 9. On December 13, 2023, Plaintiff sent a good-faith default letter with a courtesy copy of the Summons and Verified Complaint and the Affidavit of Service, via USPS Certified mail and via USPS First Class Mail, to Defendant. See Default letter to Defendant, Exhibit C. 10. Plaintiff has yet to receive return correspondence from the subject Defendant. 11. More concerning, despite proper service and the corresponding good-faith letter, Defendant has not appeared, answered, or even moved with respect to the Summons and Verified Complaint. 12. Defendant has failed to make an appearance. 13. It is apparent that Defendant will not proceed with its defense. In spite of the fact that your deponent's office has determined the Defendant herein to be the proper parties to this action and has to this date proceeded in the prescribed manner to unveil its roles and ultimate culpable conduct in the events which led to the within accident, the Defendant has willfully and deliberately failed to make an appearance and defend those claims asserted against them and, therefore, has defaulted. Defendant' 14. Thus, default herein has been intentional or willful on its part; designed to prejudice or hamper Plaintiff's ability to litigate this action expeditiously. Plaintiff has a meritorious cause of action, and further, it is your deponent's belief that sound public policy and judicial equity mandates that the issues involved herein be decided on the merits. ABRAMS LAW GROUP, P.C. 3 of 5 FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024 15. In view of the foregoing, the within application is made pursuant to CPLR §3215(a), which states: §Default Judgment. (a) Default and entry. When a Defendant has failed to appear, plead or proceed to trial of an action...., the plaintiff may seek a default judgment against him. If the plaintiff s claim is for a certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default. The clerk, upon submission of the requisite proof, shall enter judgment for the amount demanded in the complaint or stated in the notice service pursuant to subdivision (b) of rule 305, plus costs and interest... (Emphasis added) 16. For all of the foregoing reasons, it is respectfully requested that in addition to the attorneys' specific relief sought herein, that costs, fees, and sanctions be awarded to Plaintiff's attorneys, to be paid by Defendant due to its cavalier disregard exhibited herein, including the necessity of the within application, in the event this Court sees fit not to enter a default judgment at this time. 17. No previous application for the relief herein prayed for has been made and the instant application is timely. WHEREFORE, it is respectfully requested the following relief be granted in its entirety: An Order, pursuant to CPLR §3215, directing that a default judgment be entered against the Defendant, DHANESHWAR BALKARAN, or, in the alternative, setting this matter down for an inquest in favor of the Plaintiff, assessing damages in a sum certain or for a sum which can, by ABRAMS LAW GROUP, P.C. 4 of 5 FILED: QUEENS COUNTY CLERK 01/18/2024 02:29 PM INDEX NO. 716946/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/18/2024 attorneys' computation, be made certain, awarding costs, fees and sanctions to Plaintiff's attorneys, and for such other and further relief which to this Court seems just and proper. Dated: Forest Hills, New York January 18, 2024 MEL NIE ABRAMS, ESQ. ABRAMS LAW GROUP, P.C. 5 of 5