On May 30, 2018 a
Order
was filed
involving a dispute between
Cadlerock Joint Venture, L.P.,
and
Somansu Dutta A K A Somansou Dutta,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
INDEX NO. 155057/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. KATHRYN E. FREED PART IAS MOTION 2
Justice
weeeee. anne - - X INDEX NO. 155057/2018
CADLEROCK JOINT VENTURE, L.P.
Plaintiff,
MOTION SEQ. NO. 001
-V-
SOMANSU DUTTA,
Defendant. DECISION AND ORDER
- - _- anne a a -X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 9
JUDGMENT - SUMMARY IN LIEU OF
were read on this motion to/for COMPLAINT
Upon the foregoing documents, it is ordered that the motion is granted without opposition.
Plaintiff Cadlerock Joint Venture, L.P., having moved this Court for an Order pursuant to.
CPLR 3213 and CPLR 5014(1), directing the entry of summary judgment in favor of plaintiff
and against defendant Somansu Dutta a/k/a Somansou Dutta, is entitled to a renewal judgment in
Judgment Docket Control number and Index Number 113403/2007, on the grounds that this
action is based on said judgment and there is no defense to this action and, further, the motion is
without opposition (see generally Emerald Invs. Ltd. v Toms, 133 AD3d 558 [1st Dept 2015]).
This Court notes that plaintiff, Cadlerock Joint Venture, L.P., was duly assigned the within
judgment from HSBC Bank USA, National Association, by an Assignment of Judgment, signed
September 3, 2008 and filed with the Court, September 10, 2008. See Doc. 4.
155057/2018 CADLEROCK JOINT VENTURE, L.P. vs. DUTTA, SOMANSU Page 1 of2
Motion No. 001
Scanned to New York EF on 1 of-2—-
. INDEX NO. 155057/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2018
Plaintiff annexes the summons (Doc. 1), the Affidavit of Denise Harkness in support of
the motion (Doc. 2), the Affirmation of Jeffrey Ward in support of the motion (Doc. 6), a copy of
the Judgment (Doc. 3), the Assignment and the Balance Sheet (Doc. 5) in support of its motion.
Accordingly, it is hereby:
ORDERED that plaintiff is granted summary judgment against defendant Somansu Dutta
a/k/a Somansou Dutta; and it is further
ORDERED that the Clerk of the Court is directed to enter Judgment in favor of plaintiff
Cadlerock Joint Venture, L.P. and against defendant Somansu Dutta a/k/a Somansou Dutta, for
the total sum of $880,830.11 which is inclusive of the principal amount of $465,801.22, plus
accruing post judgment statutory interest at the rate of 9% per annum from the date of judgment
in the amount of $415,028.89, plus costs and disbursements of the action to be taxed by the Clerk
of the Court.
711212018
DATE KATHRYN E. FREED, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED CT DENIED GRANTED IN PART . UL OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT O REFERENCE
155057/2018 CADLEROCK JOINT VENTURE, L.P. vs. DUTTA, SOMANSU Page 2 of 2
Motion No. 004
2 of 2
Document Filed Date
July 19, 2018
Case Filing Date
May 30, 2018
Category
Other Matters - Contract - Other
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INDEX NO. 155057/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. KATHRYN E. FREED PART IAS MOTION 2 Justice weeeee. anne - - X INDEX NO. 155057/2018 CADLEROCK JOINT VENTURE, L.P. Plaintiff, MOTION SEQ. NO. 001 -V- SOMANSU DUTTA, Defendant. DECISION AND ORDER - - _- anne a a -X The following e-filed documents, listed by NYSCEF document number (Motion 001) 9 JUDGMENT - SUMMARY IN LIEU OF were read on this motion to/for COMPLAINT Upon the foregoing documents, it is ordered that the motion is granted without opposition. Plaintiff Cadlerock Joint Venture, L.P., having moved this Court for an Order pursuant to. CPLR 3213 and CPLR 5014(1), directing the entry of summary judgment in favor of plaintiff and against defendant Somansu Dutta a/k/a Somansou Dutta, is entitled to a renewal judgment in Judgment Docket Control number and Index Number 113403/2007, on the grounds that this action is based on said judgment and there is no defense to this action and, further, the motion is without opposition (see generally Emerald Invs. Ltd. v Toms, 133 AD3d 558 [1st Dept 2015]). This Court notes that plaintiff, Cadlerock Joint Venture, L.P., was duly assigned the within judgment from HSBC Bank USA, National Association, by an Assignment of Judgment, signed September 3, 2008 and filed with the Court, September 10, 2008. See Doc. 4. 155057/2018 CADLEROCK JOINT VENTURE, L.P. vs. DUTTA, SOMANSU Page 1 of2 Motion No. 001 Scanned to New York EF on 1 of-2—- . INDEX NO. 155057/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2018 Plaintiff annexes the summons (Doc. 1), the Affidavit of Denise Harkness in support of the motion (Doc. 2), the Affirmation of Jeffrey Ward in support of the motion (Doc. 6), a copy of the Judgment (Doc. 3), the Assignment and the Balance Sheet (Doc. 5) in support of its motion. Accordingly, it is hereby: ORDERED that plaintiff is granted summary judgment against defendant Somansu Dutta a/k/a Somansou Dutta; and it is further ORDERED that the Clerk of the Court is directed to enter Judgment in favor of plaintiff Cadlerock Joint Venture, L.P. and against defendant Somansu Dutta a/k/a Somansou Dutta, for the total sum of $880,830.11 which is inclusive of the principal amount of $465,801.22, plus accruing post judgment statutory interest at the rate of 9% per annum from the date of judgment in the amount of $415,028.89, plus costs and disbursements of the action to be taxed by the Clerk of the Court. 711212018 DATE KATHRYN E. FREED, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED CT DENIED GRANTED IN PART . UL OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT O REFERENCE 155057/2018 CADLEROCK JOINT VENTURE, L.P. vs. DUTTA, SOMANSU Page 2 of 2 Motion No. 004 2 of 2