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FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SUZANNE HECKER,
Plaintiff, Index No. 152449/2023
-against- AFFIRMATION OF COUNSEL
OAKTREE DEVELOPERS CORPORATION;
ALI AKHTAR; JOHN AND JANE DOES 1-5;
ABC CORPORATIONS
Defendants.
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JOSHUA M. LURIE, ESQ., under penalty of perjury and under oath, states as follows:
1. I am an Attorney-at-Law, duly licensed and admitted to practice in the courts of the
State of New York, a partner at Lurie Strupinsky, LLP, counsel for the Plaintiff in the within matter.
2. I submit this affirmation in support of Plaintiff’s motion seeking default judgment,
pursuant to CPLR §3215, against Defendants, for failure to answer or otherwise plead as to the
Complaint, as well as to seek an inquest on damages.
3. I am fully familiar with the facts and circumstances of the within action.
4. This matter is a relatively straightforward Consumer Fraud case, which arises out
of Plaintiff hiring Defendant Akhtar and his company, Oaktree Developers Corporation, for home
repairs, which were not completed.
5. On or around March 20, 2023, a copy of the filed summons, complaint, exhibit, and
attorney certification were sent to InfoTrack for service upon Defendants, specifically at Defendant
Akhtar’s home (179 East 5th Street, Brooklyn, New York 11218).
6. On or around March 27, 2023, InfoTrack attempted service at the above-referenced
address. InfoTrack was unable to serve Defendants as “entity/recipient has moved from address
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FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024
per current resident”. Annexed hereto as Exhibit A and B are true and accurate copies of the
affidavits of non-service for Defendants Oaktree Developers Corporation and Ali Akhtar,
respectively.
7. On or around April 18. 2023, a copy of the same filed documents was resent to
InfoTrack for service upon Defendants at a different Brooklyn address.
8. On or around April 19, 2023, InfoTrack attempted service at the address listed for
Defendants (175 Pearl Street, Brooklyn, New York 11201). InfoTrack was unable to serve as it
appeared to be “a space like WeWork”. The process server “identified myself as a process server
to deliver legal papers. The front desk informed me that the subject isn’t longer renting a spot
there. He moved months ago after having some problems with them”.
9. Annexed hereto as Exhibit C and D are true and accurate copies of the Affidavits
of Non-Service for Defendants’ work address (Ex. C for Defendant Oaktree Developers
Corporation and Ex. D for Defendant Akhtar).
10. On or around April 25, 2023, a copy of the same filed documents were sent, for a
third time, to InfoTrack for service upon Defendants, via the Secretary of State of New York.
11. On or around May 4, 2023, the New York Secretary of State was served
accordingly.
12. On June 30, 2023, a true and accurate copy of the Affidavit of Service for Defendant
Oaktree Developers Corporation was uploaded to NYSCEF (NYSCEF Doc. No. 12).
13. Defendants had thirty (30) days after service to respond or otherwise move as to
the Complaint. To date, no answer has been interposed by any Defendant.
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FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024
14. Pursuant to CPLR § 3215, a party may seek default judgment against a party that
fails to answer the complaint within the time proscribed by law. As no answer has been filed, the
within motion should be granted, and an inquest on damages should be scheduled.
WHEREFORE, it is respectfully requested that Plaintiff’s motion for judgment by default
against Defendants be granted in its entirety, an inquest scheduled, and other such relief be granted
as this Court deems just and proper.
Dated: March 27, 2024
Hackensack, New Jersey LURIE STRUPINSKY, LLP
Attorneys for Plaintiff
By: ______________________________
Joshua M. Lurie, Esq.
15 Warren Street, Suite 36
Hackensack, New Jersey 07601
Ph. (201) 518-9999
Fax. (201) 479-9955
jmlurie@luriestrupinsky.com
TO: Oaktree Developers Corporation
c/o New York Secretary of State
One Commerce Plaza
99 Washington Avenue
Albany, New York 12231
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Preview
FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X SUZANNE HECKER, Plaintiff, Index No. 152449/2023 -against- AFFIRMATION OF COUNSEL OAKTREE DEVELOPERS CORPORATION; ALI AKHTAR; JOHN AND JANE DOES 1-5; ABC CORPORATIONS Defendants. ----------------------------------------------------------------X JOSHUA M. LURIE, ESQ., under penalty of perjury and under oath, states as follows: 1. I am an Attorney-at-Law, duly licensed and admitted to practice in the courts of the State of New York, a partner at Lurie Strupinsky, LLP, counsel for the Plaintiff in the within matter. 2. I submit this affirmation in support of Plaintiff’s motion seeking default judgment, pursuant to CPLR §3215, against Defendants, for failure to answer or otherwise plead as to the Complaint, as well as to seek an inquest on damages. 3. I am fully familiar with the facts and circumstances of the within action. 4. This matter is a relatively straightforward Consumer Fraud case, which arises out of Plaintiff hiring Defendant Akhtar and his company, Oaktree Developers Corporation, for home repairs, which were not completed. 5. On or around March 20, 2023, a copy of the filed summons, complaint, exhibit, and attorney certification were sent to InfoTrack for service upon Defendants, specifically at Defendant Akhtar’s home (179 East 5th Street, Brooklyn, New York 11218). 6. On or around March 27, 2023, InfoTrack attempted service at the above-referenced address. InfoTrack was unable to serve Defendants as “entity/recipient has moved from address 1 of 3 FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024 per current resident”. Annexed hereto as Exhibit A and B are true and accurate copies of the affidavits of non-service for Defendants Oaktree Developers Corporation and Ali Akhtar, respectively. 7. On or around April 18. 2023, a copy of the same filed documents was resent to InfoTrack for service upon Defendants at a different Brooklyn address. 8. On or around April 19, 2023, InfoTrack attempted service at the address listed for Defendants (175 Pearl Street, Brooklyn, New York 11201). InfoTrack was unable to serve as it appeared to be “a space like WeWork”. The process server “identified myself as a process server to deliver legal papers. The front desk informed me that the subject isn’t longer renting a spot there. He moved months ago after having some problems with them”. 9. Annexed hereto as Exhibit C and D are true and accurate copies of the Affidavits of Non-Service for Defendants’ work address (Ex. C for Defendant Oaktree Developers Corporation and Ex. D for Defendant Akhtar). 10. On or around April 25, 2023, a copy of the same filed documents were sent, for a third time, to InfoTrack for service upon Defendants, via the Secretary of State of New York. 11. On or around May 4, 2023, the New York Secretary of State was served accordingly. 12. On June 30, 2023, a true and accurate copy of the Affidavit of Service for Defendant Oaktree Developers Corporation was uploaded to NYSCEF (NYSCEF Doc. No. 12). 13. Defendants had thirty (30) days after service to respond or otherwise move as to the Complaint. To date, no answer has been interposed by any Defendant. 2 of 3 FILED: NEW YORK COUNTY CLERK 03/28/2024 11:14 AM INDEX NO. 152449/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/28/2024 14. Pursuant to CPLR § 3215, a party may seek default judgment against a party that fails to answer the complaint within the time proscribed by law. As no answer has been filed, the within motion should be granted, and an inquest on damages should be scheduled. WHEREFORE, it is respectfully requested that Plaintiff’s motion for judgment by default against Defendants be granted in its entirety, an inquest scheduled, and other such relief be granted as this Court deems just and proper. Dated: March 27, 2024 Hackensack, New Jersey LURIE STRUPINSKY, LLP Attorneys for Plaintiff By: ______________________________ Joshua M. Lurie, Esq. 15 Warren Street, Suite 36 Hackensack, New Jersey 07601 Ph. (201) 518-9999 Fax. (201) 479-9955 jmlurie@luriestrupinsky.com TO: Oaktree Developers Corporation c/o New York Secretary of State One Commerce Plaza 99 Washington Avenue Albany, New York 12231 3 of 3