On June 13, 2019 a
Letter,Correspondence
was filed
involving a dispute between
Frederick Bement,
and
Isweat, Inc.,
Steven Candullo,
for Commercial - Contract
in the District Court of Rockland County.
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Law Offices of Alden B. Smith
151 N. MAIN STREET, SUITE 100, NEW CITY, NY 10956-3851
T: 845-634-7265 F: 845-499-2535
E: alden@aldensmithesq.org
Alden B. Smith, Esq.
www.aldensmithesq.org Jennifer Cronin, Paralegal
February 5, 2020
Via E-File and First Class Mail
Hon. Paul I. Marx, JSC
Rockland County Courthouse
Rockland Chief Clerk’s Office
1 South Main Street
New City, New York 10956
Re: Frederick Bement v. ISweat, Inc. and Steven Candullo
Index No. 033108/2019
Dear Justice Marx:
I am writing to you as the attorney for the Plaintiff in the above matter.
I am in receipt of Your Honor’s Decision and Order dated January 30, 2020.
In the last decretal paragraph of your Decision and Order, Your Honor set the matter down for a
conference before the Court on February 13, 2020 at 9:30 a.m. to address Plaintiff’s remaining
claims against ISweat, Inc. In Your Honor’s Decision and Order, you state that Plaintiff’s
motion for a default judgment against ISweat, Inc. must be denied after you found the Plaintiff
has not effectuated proper service against ISweat, Inc. and the time to serve has expired. Citing
Menardy v. Gladstone Properties, Inc. and Daniels v. King Chicken & Stuff, Inc. in footnote 3,
you state that the Court cannot sua sponte dismiss the complaint against ISweat, Inc. in the
absence of extraordinary circumstances which are not present here. Therefore, you set the matter
down for a conference for the undersigned to address the claims against ISweat, Inc. for
February 13, 2020 at 9:15 a.m.
I have spoken with my client on the claims against ISweat, Inc. He has decided not to pursue the
claims against ISweat, Inc. that are contained in the Plaintiff’s Verified Complaint and Motion
for Default Judgment filed in this action. Therefore, I request that the Plaintiff’s action against
ISweat, Inc. be discontinued without prejudice and that the Motion for Default Judgment as
against ISweat, Inc. be withdrawn without prejudice. Based on the foregoing request, I
respectfully request that the conference before the Court on February 13, 2020 at 9:15 a.m. be
removed from the Court’s Calendar.
Please let me know if this letter is satisfactory to discontinue plaintiff’s action without prejudice
and to withdraw the motion for a default judgment as against ISweat, Inc. only.
I look forward to hearing from the Court. Please let me know if you need anything further
regarding Plaintiff’s request.
Thank you for your cooperation and assistance in this matter.
Very truly yours,
Alden B. Smith
ABS/jc
cc: Frederick Bement (Via E-Mail)
ISweat, Inc. (Via First Class Mail)
Steven Candullo (Via First Class Mail)
Document Filed Date
February 05, 2020
Case Filing Date
June 13, 2019
Category
Commercial - Contract
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Law Offices of Alden B. Smith 151 N. MAIN STREET, SUITE 100, NEW CITY, NY 10956-3851 T: 845-634-7265 F: 845-499-2535 E: alden@aldensmithesq.org Alden B. Smith, Esq. www.aldensmithesq.org Jennifer Cronin, Paralegal February 5, 2020 Via E-File and First Class Mail Hon. Paul I. Marx, JSC Rockland County Courthouse Rockland Chief Clerk’s Office 1 South Main Street New City, New York 10956 Re: Frederick Bement v. ISweat, Inc. and Steven Candullo Index No. 033108/2019 Dear Justice Marx: I am writing to you as the attorney for the Plaintiff in the above matter. I am in receipt of Your Honor’s Decision and Order dated January 30, 2020. In the last decretal paragraph of your Decision and Order, Your Honor set the matter down for a conference before the Court on February 13, 2020 at 9:30 a.m. to address Plaintiff’s remaining claims against ISweat, Inc. In Your Honor’s Decision and Order, you state that Plaintiff’s motion for a default judgment against ISweat, Inc. must be denied after you found the Plaintiff has not effectuated proper service against ISweat, Inc. and the time to serve has expired. Citing Menardy v. Gladstone Properties, Inc. and Daniels v. King Chicken & Stuff, Inc. in footnote 3, you state that the Court cannot sua sponte dismiss the complaint against ISweat, Inc. in the absence of extraordinary circumstances which are not present here. Therefore, you set the matter down for a conference for the undersigned to address the claims against ISweat, Inc. for February 13, 2020 at 9:15 a.m. I have spoken with my client on the claims against ISweat, Inc. He has decided not to pursue the claims against ISweat, Inc. that are contained in the Plaintiff’s Verified Complaint and Motion for Default Judgment filed in this action. Therefore, I request that the Plaintiff’s action against ISweat, Inc. be discontinued without prejudice and that the Motion for Default Judgment as against ISweat, Inc. be withdrawn without prejudice. Based on the foregoing request, I respectfully request that the conference before the Court on February 13, 2020 at 9:15 a.m. be removed from the Court’s Calendar. Please let me know if this letter is satisfactory to discontinue plaintiff’s action without prejudice and to withdraw the motion for a default judgment as against ISweat, Inc. only. I look forward to hearing from the Court. Please let me know if you need anything further regarding Plaintiff’s request. Thank you for your cooperation and assistance in this matter. Very truly yours, Alden B. Smith ABS/jc cc: Frederick Bement (Via E-Mail) ISweat, Inc. (Via First Class Mail) Steven Candullo (Via First Class Mail)