Motion-Secondary: Julie Ayala v. 94th Avenue Jamaica, Llc, Artimus Construction Inc., Hp Jamaica 94th Avenue Housing Development Fund Company Inc, 94th Avenue Jamaica Li Llc
On October 30, 2018 a
Motion-Secondary
was filed
involving a dispute between
Julie Ayala,
and
94Th Avenue Jamaica Li Llc,
94Th Avenue Jamaica, Llc,
Artimus Construction Inc.,
Hp Jamaica 94Th Avenue Housing Development Fund Company Inc,
for Torts - Other Negligence (Premises - Labor Law)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/04/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 521818/2018
..-.....------...-------------------------X
JULIE AYALA,
Plaintiff,
AFFIRMATION
-against-
IN SUPPORT
94TH AVENUE JAMAICA, LLC and ARTIMUS
CONSTRUCTION INC.,
Defendants.
-_______.....-.....--____-.---.....--..--...-X
ALLEN GOLDBERG, an attomey duly -dmMed to practice law in the Courts of the
State ofNew York, affirms the folloydag under penalties of perjury:
1. I am an associate of the law fum of HALLOCK & MALERBA, PC, the
attomeys for p'±.:iff, and as such am fully familiar with the facts and circumstances of the within
action.
2. I make this affirmation in support of plaintiffs motion for an Order directing the
entry of a default judgment in favor of the plaintiff and against the defede=.'s for the relief
demand-1 in the complaint upon the ground that the defendants have failed to appear and answer
the Summons and Complaint and are therefore in default, and further setting the above captioned
matter down for an inquest and assessment of damages against these defendants and for such other
and further reliefas this Court shall deem just and proper.
3. This is an action for personal injuries sustained by plaintiff JULIE AYALA on
March 26, 2018. Specifically, plaintiff tripped and fell at the premises located at 147-20 94th
Avenue, Jamaica, New York.
4. At the time of the accident, 94TH AVENUE JAMAICA LLC was the owner of
the premises and ARTIMUS CONSTRUCTION INC. was the general contractor for the
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construction of the premises (See Exhibit "A")..
5. This action was commenced on October 30, 2018 with the filing of aSu===ea.s
"B"
and Verified Complaint with the Clerk of this Court (Ann.exed as Exhibit are plaintiff's
"C"
Su-sos and Verified Comp!sint) (Annexed as Exhibit is plaiñtiffs Notice of Intention to
Make Claim in support).
6. Plaintiffs Summons and Verified Complaint were served on defendants 94TH
AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. on November 09, 2018 in
accordance with Section 306 of the Business Corporation Law (Affidavit of Service annexed as
Exhibit "D"). Further, pursuant to Civil Practice Law & Rules Section 3215(g)(4), on January 15,
2019 an âdditienal service of plaintiffs Summons and Verified Complaint were made upon
defendant 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. by first class
mail, at itslast known address (See Exhibit "E").
7. Civil Practice Law and Rules Section 3012 provides that service of an answer to a
"
complaint "shall be made within twenty days after service . . .. (emphasis added). Accordingly,
defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. was
required to answer by November 29, 2018. However, to date, defendants 94TH AVENUE
JAMAICA LLC and ARTIMUS CONSTRUCTION INC. have not appeared or answered. Further,
defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. have not
requested any additional time to answer or appear.
8. In light of the failure of defendants 94TH AVENUE JAMAICA LLC and
ARTIMUS CONSTRUCTION INC. to appear, plaintiff requests that this Court issue an Order
directing the entry of a default judgment in favor of the plaintiff and against defendents 94TH
AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. upon the ground that said
defendants have failed to appear and answer the Summons and Complaint and are thenfew in
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default, and further setting the above captioned matter down for an inquest and assessment of
damages against these defendants.
WHEREFORE, plaintiff requests that this Court issue an Order directing the entry of a
default judgment in favor of the plaintiffand against the defendents for the relief demanded in the
complent upon the ground that the der,naan*= have failed to appear and answer the Su==ons and
Cemp!dn: and are therefore in default, and further setting the above captioned matter down for an
inquest and assessment of damages against these defendmu and for such other and further relief as
this Court shall deem just and proper.
DATED: DEER PARK, NEW YORK
January 29, 2019
ALLEN GOLDBERG
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Preview
FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/04/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 521818/2018 ..-.....------...-------------------------X JULIE AYALA, Plaintiff, AFFIRMATION -against- IN SUPPORT 94TH AVENUE JAMAICA, LLC and ARTIMUS CONSTRUCTION INC., Defendants. -_______.....-.....--____-.---.....--..--...-X ALLEN GOLDBERG, an attomey duly -dmMed to practice law in the Courts of the State ofNew York, affirms the folloydag under penalties of perjury: 1. I am an associate of the law fum of HALLOCK & MALERBA, PC, the attomeys for p'±.:iff, and as such am fully familiar with the facts and circumstances of the within action. 2. I make this affirmation in support of plaintiffs motion for an Order directing the entry of a default judgment in favor of the plaintiff and against the defede=.'s for the relief demand-1 in the complaint upon the ground that the defendants have failed to appear and answer the Summons and Complaint and are therefore in default, and further setting the above captioned matter down for an inquest and assessment of damages against these defendants and for such other and further reliefas this Court shall deem just and proper. 3. This is an action for personal injuries sustained by plaintiff JULIE AYALA on March 26, 2018. Specifically, plaintiff tripped and fell at the premises located at 147-20 94th Avenue, Jamaica, New York. 4. At the time of the accident, 94TH AVENUE JAMAICA LLC was the owner of the premises and ARTIMUS CONSTRUCTION INC. was the general contractor for the 1 of 3 FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/04/2019 construction of the premises (See Exhibit "A").. 5. This action was commenced on October 30, 2018 with the filing of aSu===ea.s "B" and Verified Complaint with the Clerk of this Court (Ann.exed as Exhibit are plaintiff's "C" Su-sos and Verified Comp!sint) (Annexed as Exhibit is plaiñtiffs Notice of Intention to Make Claim in support). 6. Plaintiffs Summons and Verified Complaint were served on defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. on November 09, 2018 in accordance with Section 306 of the Business Corporation Law (Affidavit of Service annexed as Exhibit "D"). Further, pursuant to Civil Practice Law & Rules Section 3215(g)(4), on January 15, 2019 an âdditienal service of plaintiffs Summons and Verified Complaint were made upon defendant 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. by first class mail, at itslast known address (See Exhibit "E"). 7. Civil Practice Law and Rules Section 3012 provides that service of an answer to a " complaint "shall be made within twenty days after service . . .. (emphasis added). Accordingly, defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. was required to answer by November 29, 2018. However, to date, defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. have not appeared or answered. Further, defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. have not requested any additional time to answer or appear. 8. In light of the failure of defendants 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. to appear, plaintiff requests that this Court issue an Order directing the entry of a default judgment in favor of the plaintiff and against defendents 94TH AVENUE JAMAICA LLC and ARTIMUS CONSTRUCTION INC. upon the ground that said defendants have failed to appear and answer the Summons and Complaint and are thenfew in 2 of 3 FILED: KINGS COUNTY CLERK 03/04/2019 10:36 AM INDEX NO. 521818/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/04/2019 default, and further setting the above captioned matter down for an inquest and assessment of damages against these defendants. WHEREFORE, plaintiff requests that this Court issue an Order directing the entry of a default judgment in favor of the plaintiffand against the defendents for the relief demanded in the complent upon the ground that the der,naan*= have failed to appear and answer the Su==ons and Cemp!dn: and are therefore in default, and further setting the above captioned matter down for an inquest and assessment of damages against these defendmu and for such other and further relief as this Court shall deem just and proper. DATED: DEER PARK, NEW YORK January 29, 2019 ALLEN GOLDBERG 3 of 3