Preview
FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-X AFFIRMATION IN
ANGEL CHASI, SUPPORT OF
PLAINTIFF'S MOTION
Plaintiff, FOR DEFAULT
JUDGMENT
-against-
157 WEST 79TH STREET OWNERS
CORPORATION, AKAM ASSOCIATES, INC.,
MIDBORO MANAGEMENT, INC. And AARON
PORET REAL ESTATE,
Index 4; 521850/2018
Defendants.
-X
CARMINE J. GONCALVES, an attorney duly admitted to practice law in the State
of New York, affirms under penalty and perjury as follows;
l. I am associated with the law Arm of WINGATE, RUSSOTTI, SHAPIRO
&. HALPERIN, LLP, attorneys for Plaintiff in this action and am fully familiar with the facts
and circumstances hereinafter set forth.
2. This affirmation is made in support of plaintiffs application for an order
granting a defauIt judgment against the defendant, AARON PORET REAL ESTATE, and
setting this matter down for an inquest and assessment of damages, either now, or later,
within the damages portion of a trial against other defendants.
3. Plaintiffs motion should be granted for the following reasons:
a. Defendant, AARON PORET REAL ESTATE failed to
timely serve an
Answer;
b. Defendant has failed to excuse this default, by demonstrating both a
reasonable excuse for the default, and a meritorious defense to
plaintiff s claims.
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FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019
FACTS CONSTITUTING THE DEFAULT
4. An action in this case was commenced by the service of a Summons and
Complaint upon the named defendant. A copy of said Summons and Verified Complaint is
annexed hereto as Exhibit "A". The Summons and Complaint was then served upon the
defendant by service on the Secretary of State of the State of New York made on November
5, 2018. A copy of an affidavit of service establishing that two copies of the summons and
complaint and the requisite fee in the amount of $40.00 were duly delivered to the office of
the Secretary of State of the State of New York in Albany is annexed as Exhibit "B".
5. A second service of the summons complaint with a notice that the
defendant was served by service on the Secretary of State of the State of New York was
mailed to the defendant at its last known addresses by first class mail on February 4, 2019as
required by CPLR §3215(g)(4). A copy of the notice and an affidavit of service of the
summons and complaint and notice is annexed as Exhibit "C".
6. This mailing was done to the last known address of the defendant
AARON PORET REAL ESTATE as set forth in the affidavit of Yasiel Espinosa dated
March 1, 2019 a copy of which is annexed, along with a copy of the notice required by CPLR
§3215(g), as Exhibit "D".
7. To date, AARON PORET REAL ESTATE has not answered; its time
to answer has never been extended; and its time to answer has expired. It is in default.
FACTS CONSTITUTING THE PLAINTIFF'S CLAIM
8. This is an action for personal injuries sustained by plaintiff, ANGEL
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FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019
CHASI, as a result of an accident which occurred on July 18, 2018. On the above date,
plaintiff was performing construction activities when he was caused to fall from exterior stairs
at the property located at 8801 Shore Road, Brooklyn, New York. As a result of this
incident, he sustained serious injuries, including, but not limited to both knees, his neck and
back that has required continued medical treatment.
9. The plaintiffs injuries were caused by the defendant, its agents, servants
and/or employees in
failing to provide plaintiff with proper protection as required by New
York Labor Law sections 200, 240 and 241 in negligently supplying plaintiff with a dangerous
and defective elevated work platform.
10. No stipulations extending the time of said defendants to appear, answer
or move with respect to the Complaint have been requested nor entered into. The said
defendants are therefore in default.
11. This appÚcation is made within one year of the default.
WHEREFORE, it is respectfully requested that plaintiffs motion him a default
judgment against the defendant, AARON PORET REAL ESTATE, and setting this matter
down for an inquest on damages, together with such other and further relief as to this Court
may seem just and proper.
Dated: New York, New York
March 1, 2019
Respectf ly yours,
C ARMINE J. GONCALVES, ESQ.
.3.
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Preview
FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -X AFFIRMATION IN ANGEL CHASI, SUPPORT OF PLAINTIFF'S MOTION Plaintiff, FOR DEFAULT JUDGMENT -against- 157 WEST 79TH STREET OWNERS CORPORATION, AKAM ASSOCIATES, INC., MIDBORO MANAGEMENT, INC. And AARON PORET REAL ESTATE, Index 4; 521850/2018 Defendants. -X CARMINE J. GONCALVES, an attorney duly admitted to practice law in the State of New York, affirms under penalty and perjury as follows; l. I am associated with the law Arm of WINGATE, RUSSOTTI, SHAPIRO &. HALPERIN, LLP, attorneys for Plaintiff in this action and am fully familiar with the facts and circumstances hereinafter set forth. 2. This affirmation is made in support of plaintiffs application for an order granting a defauIt judgment against the defendant, AARON PORET REAL ESTATE, and setting this matter down for an inquest and assessment of damages, either now, or later, within the damages portion of a trial against other defendants. 3. Plaintiffs motion should be granted for the following reasons: a. Defendant, AARON PORET REAL ESTATE failed to timely serve an Answer; b. Defendant has failed to excuse this default, by demonstrating both a reasonable excuse for the default, and a meritorious defense to plaintiff s claims. 1 of 3 FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019 FACTS CONSTITUTING THE DEFAULT 4. An action in this case was commenced by the service of a Summons and Complaint upon the named defendant. A copy of said Summons and Verified Complaint is annexed hereto as Exhibit "A". The Summons and Complaint was then served upon the defendant by service on the Secretary of State of the State of New York made on November 5, 2018. A copy of an affidavit of service establishing that two copies of the summons and complaint and the requisite fee in the amount of $40.00 were duly delivered to the office of the Secretary of State of the State of New York in Albany is annexed as Exhibit "B". 5. A second service of the summons complaint with a notice that the defendant was served by service on the Secretary of State of the State of New York was mailed to the defendant at its last known addresses by first class mail on February 4, 2019as required by CPLR §3215(g)(4). A copy of the notice and an affidavit of service of the summons and complaint and notice is annexed as Exhibit "C". 6. This mailing was done to the last known address of the defendant AARON PORET REAL ESTATE as set forth in the affidavit of Yasiel Espinosa dated March 1, 2019 a copy of which is annexed, along with a copy of the notice required by CPLR §3215(g), as Exhibit "D". 7. To date, AARON PORET REAL ESTATE has not answered; its time to answer has never been extended; and its time to answer has expired. It is in default. FACTS CONSTITUTING THE PLAINTIFF'S CLAIM 8. This is an action for personal injuries sustained by plaintiff, ANGEL -2- 2 of 3 FILED: KINGS COUNTY CLERK 03/01/2019 12:17 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/01/2019 CHASI, as a result of an accident which occurred on July 18, 2018. On the above date, plaintiff was performing construction activities when he was caused to fall from exterior stairs at the property located at 8801 Shore Road, Brooklyn, New York. As a result of this incident, he sustained serious injuries, including, but not limited to both knees, his neck and back that has required continued medical treatment. 9. The plaintiffs injuries were caused by the defendant, its agents, servants and/or employees in failing to provide plaintiff with proper protection as required by New York Labor Law sections 200, 240 and 241 in negligently supplying plaintiff with a dangerous and defective elevated work platform. 10. No stipulations extending the time of said defendants to appear, answer or move with respect to the Complaint have been requested nor entered into. The said defendants are therefore in default. 11. This appÚcation is made within one year of the default. WHEREFORE, it is respectfully requested that plaintiffs motion him a default judgment against the defendant, AARON PORET REAL ESTATE, and setting this matter down for an inquest on damages, together with such other and further relief as to this Court may seem just and proper. Dated: New York, New York March 1, 2019 Respectf ly yours, C ARMINE J. GONCALVES, ESQ. .3. 3 of 3