On May 30, 2018 a
Motion-Secondary
was filed
involving a dispute between
Christopher Fleming,
and
Camilo Fernandez,
for Torts - Other Negligence (205-e)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/13/2018 05:10 PM INDEX NO. 155018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------X
CHRISTOPHER FLEMING,
Plaintiff, AFFIRMATION
-against- Index No. 155018/2018E
CAMILO FERNANDEZ,
Defendant.
------------..--------------------------------------X
JOSEPH L. DECOLATOR, affirms under the penalty of perjury and states:
FIRST: I am an attorney at law admitted to practice in all of the Courts of the
State of New York and am a member of the law firm of DECOLATOR, COHEN & DIPRISCO,
LLP, attorneys for the plaintiff in the above-captioned action. In this capacity, I am fully familiar
with allof the facts and circumstances and pleadings heretofore had herein.
SECOND: That this Affirmation is submitted in support of the instant Motion by
plaintiff for a Default Judgment and an Assessment of Damages as against the defendant,
CAMILO FERNANDEZ, in this action, pursuant to Section 3215 of the CPLR.
THIRD: As the plaintiff more fully explains in his annexed deposition transcript
in the companion action, this action arises out of an incident which occurred on April 10, 2016,
in which the plaintiff, an on-duty New York City detective, sustained serious personal injuries
when he fellat the premises located at 4099 Broadway in Manhattan. (See, the deposition
transcript of the plaintiff in the companion action submitted in lieu of an affidavit of merits
annexed hereto as Exhibit "A")
FOURTH: That on May 29, 2018, an action for damages was commenced against
the defendant by the filing of a Summons and Verified Complaint. A true and complete copy of
1 of 2
FILED: NEW YORK COUNTY CLERK 09/13/2018 05:10 PM INDEX NO. 155018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/13/2018
"B."
Summons and Verified Complaint is annexed hereto as Exhibit Thereafter, the Summons
and Complaint was served upon the defendant. A true and complete copy of the Affidavit of
Service, duly filed with the Clerk of this Court on June 20, 2018, is annexed hereto as Exhibit
"C."
FIFTH: That the defendant has not appeared, answered, moved or raised
objections to the Complaint herein, and itstime to do so has expired.
SIXTH: Since said defendant has not appeared, answered, moved or raised
objections to the Complaint herein, defendant is in default.
SEVENTH: Accordingly, the plaintiff respectfully requests that this Honorable
Court schedule this action for an Inquest to assess the plaintiff's damages pursuant to Section
attorneys'
3215(b) of the CPLR and such amount of reasonable fees and expenses.
EIGHTH: That no previous application in this action has been made for the relief
sought herein.
WHEREFORE, itis respectfully requested that this Honorable Court grant the
relief requested herein, together with such other and further relief which this Court may deem
just and proper.
Dated: Garden City, New York
September 11, 2018
JO$É I L. DECOLATOR
2 of 2
Document Filed Date
September 13, 2018
Case Filing Date
May 30, 2018
Category
Torts - Other Negligence (205-e)
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FILED: NEW YORK COUNTY CLERK 09/13/2018 05:10 PM INDEX NO. 155018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------X CHRISTOPHER FLEMING, Plaintiff, AFFIRMATION -against- Index No. 155018/2018E CAMILO FERNANDEZ, Defendant. ------------..--------------------------------------X JOSEPH L. DECOLATOR, affirms under the penalty of perjury and states: FIRST: I am an attorney at law admitted to practice in all of the Courts of the State of New York and am a member of the law firm of DECOLATOR, COHEN & DIPRISCO, LLP, attorneys for the plaintiff in the above-captioned action. In this capacity, I am fully familiar with allof the facts and circumstances and pleadings heretofore had herein. SECOND: That this Affirmation is submitted in support of the instant Motion by plaintiff for a Default Judgment and an Assessment of Damages as against the defendant, CAMILO FERNANDEZ, in this action, pursuant to Section 3215 of the CPLR. THIRD: As the plaintiff more fully explains in his annexed deposition transcript in the companion action, this action arises out of an incident which occurred on April 10, 2016, in which the plaintiff, an on-duty New York City detective, sustained serious personal injuries when he fellat the premises located at 4099 Broadway in Manhattan. (See, the deposition transcript of the plaintiff in the companion action submitted in lieu of an affidavit of merits annexed hereto as Exhibit "A") FOURTH: That on May 29, 2018, an action for damages was commenced against the defendant by the filing of a Summons and Verified Complaint. A true and complete copy of 1 of 2 FILED: NEW YORK COUNTY CLERK 09/13/2018 05:10 PM INDEX NO. 155018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/13/2018 "B." Summons and Verified Complaint is annexed hereto as Exhibit Thereafter, the Summons and Complaint was served upon the defendant. A true and complete copy of the Affidavit of Service, duly filed with the Clerk of this Court on June 20, 2018, is annexed hereto as Exhibit "C." FIFTH: That the defendant has not appeared, answered, moved or raised objections to the Complaint herein, and itstime to do so has expired. SIXTH: Since said defendant has not appeared, answered, moved or raised objections to the Complaint herein, defendant is in default. SEVENTH: Accordingly, the plaintiff respectfully requests that this Honorable Court schedule this action for an Inquest to assess the plaintiff's damages pursuant to Section attorneys' 3215(b) of the CPLR and such amount of reasonable fees and expenses. EIGHTH: That no previous application in this action has been made for the relief sought herein. WHEREFORE, itis respectfully requested that this Honorable Court grant the relief requested herein, together with such other and further relief which this Court may deem just and proper. Dated: Garden City, New York September 11, 2018 JO$É I L. DECOLATOR 2 of 2