On May 23, 2018 a
Motion-Secondary
was filed
involving a dispute between
National Union Fire Insurance Company Of Pittsburgh, Pa, As Assignee And Subrogee Of Centrury 21 Department Stores, Llc,
and
Ismail Karim,
Muhammed Nadeem,
for Torts - Other (Fraud and related claims)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 03/15/2019 02:21 PM INDEX NO. 154834/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------X
NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA, as assignee and subrogee of
Century 21 Department Stores, LLC,
Index No.: 154834/18
Plaintiffs,
- against - AFFIRMATION OF SCOTT
A. LEVIN IN SUPPORT OF
MUHAMMAD NADEEM and ISMAIL KARIM MOTION FOR DEFAULT
JUDGMENT AGAINST ISMAIL
KARIM
Defendants.
----------------------------------------------------------------X
Scott A. Levin, an attorney duly admitted to practice before the courts of the State of New
York, affirms to the following under penalty of perjury:
1. I am Of Counsel with the law firm of McElroy, Deutsch, Mulvaney & Carpenter,
LLP, counsel for Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA (“National
Union”), in this matter.
2. National Union commenced this action by filing a Summons and Complaint with the
Court on May 23, 2018. A true copy of the Summons and Complaint is attached as Exhibit 1.
3. As in the affidavit of service of Janice Quadara, sworn to on May 30, 2018, service of
the Summons and Complaint was made on Defendant, Ismail Karim, at his residence located at 534
McDonald Avenue, Apt. 6, Brooklyn, New York 11218, on May 29, 2018, by delivering and leaving
a true copy of the Summons and Complaint with Mr. Karim personally. Ms. Quadara’s affidavit of
service was filed on June 7, 2018. A true copy of the filed affidavit of service executed by Ms.
Quadara is annexed hereto as Exhibit 2.
4. Defendant, Ismail Karim, was served with an additional copy of the Summons and
1 of 2
FILED: NEW YORK COUNTY CLERK 03/15/2019 02:21 PM INDEX NO. 154834/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/15/2019
Complaint pursuant to CPLR § 3215(g)(3), on June 15, 2018. An affirmation of additional service
pursuant to CPLR § 3215(g)(3) was filed on June 15, 2018. A true copy of the filed Affirmation of
Additional Service of Summons and Complaint pursuant to CPLR § 3215(g)(3) is annexed hereto as
Exhibit 3.
5. Defendant failed to answer, request an extension of time to answer, or otherwise
respond to National Union’s Summons and Complaint, and his time for doing so has expired.
6. This application for default judgment is timely filed within one year of Defendant’s
default.
Dated: New York, New York McELROY, DEUTSCH, MULVANEY
March 15, 2019 & CARPENTER, LLP
/s/ Scott A. Levin
Scott A. Levin
Attorneys for Plaintiff
225 Liberty Street, 36th Floor
New York, New York 10281
(212) 483-9490
2 of 2
Document Filed Date
March 15, 2019
Case Filing Date
May 23, 2018
Category
Torts - Other (Fraud and related claims)
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FILED: NEW YORK COUNTY CLERK 03/15/2019 02:21 PM INDEX NO. 154834/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, as assignee and subrogee of Century 21 Department Stores, LLC, Index No.: 154834/18 Plaintiffs, - against - AFFIRMATION OF SCOTT A. LEVIN IN SUPPORT OF MUHAMMAD NADEEM and ISMAIL KARIM MOTION FOR DEFAULT JUDGMENT AGAINST ISMAIL KARIM Defendants. ----------------------------------------------------------------X Scott A. Levin, an attorney duly admitted to practice before the courts of the State of New York, affirms to the following under penalty of perjury: 1. I am Of Counsel with the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP, counsel for Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA (“National Union”), in this matter. 2. National Union commenced this action by filing a Summons and Complaint with the Court on May 23, 2018. A true copy of the Summons and Complaint is attached as Exhibit 1. 3. As in the affidavit of service of Janice Quadara, sworn to on May 30, 2018, service of the Summons and Complaint was made on Defendant, Ismail Karim, at his residence located at 534 McDonald Avenue, Apt. 6, Brooklyn, New York 11218, on May 29, 2018, by delivering and leaving a true copy of the Summons and Complaint with Mr. Karim personally. Ms. Quadara’s affidavit of service was filed on June 7, 2018. A true copy of the filed affidavit of service executed by Ms. Quadara is annexed hereto as Exhibit 2. 4. Defendant, Ismail Karim, was served with an additional copy of the Summons and 1 of 2 FILED: NEW YORK COUNTY CLERK 03/15/2019 02:21 PM INDEX NO. 154834/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/15/2019 Complaint pursuant to CPLR § 3215(g)(3), on June 15, 2018. An affirmation of additional service pursuant to CPLR § 3215(g)(3) was filed on June 15, 2018. A true copy of the filed Affirmation of Additional Service of Summons and Complaint pursuant to CPLR § 3215(g)(3) is annexed hereto as Exhibit 3. 5. Defendant failed to answer, request an extension of time to answer, or otherwise respond to National Union’s Summons and Complaint, and his time for doing so has expired. 6. This application for default judgment is timely filed within one year of Defendant’s default. Dated: New York, New York McELROY, DEUTSCH, MULVANEY March 15, 2019 & CARPENTER, LLP /s/ Scott A. Levin Scott A. Levin Attorneys for Plaintiff 225 Liberty Street, 36th Floor New York, New York 10281 (212) 483-9490 2 of 2