On May 23, 2018 a
Motion-Secondary
was filed
involving a dispute between
Major Model Management, Inc.,
and
Showroom Seven,
for Commercial - Other (Acct Stated - Non-payment)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No. 652596/2018
MAJOR MODEL MANAGEMENT, INC.,
AFFIDAVIT IN SUPPORT
Plaintiff,
OF ORDER TO SHOW
CAUSE
-against-
SHOWROOM SEVEN,
Defendant.
State of New York )
) ss.:
County of New York )
MANDIE ERICKSON, being duly sworn, deposes and says:
1. I am the President of defendant Showroom Seven ("Defendant") in this action and
am completely familiar with the facts and circumstances relating to this Order to Show Cause to
vacate the default and judgment on motion.
2. I make this affidavit of merit in support of an Order to Show Cause to vacate the
Judgment, which plaintiff Major Model Management, Inc. ("Plaintiff") obtained by default
14th
against Defendant on the day of December, 2018.
3. The above-entitled action was brought for Defendant's alleged failure to pay for
services rendered in or about 2016 and 2017. Ex. A.
4. The Plaintiff a complaint in the· of the State of New
filed Supreme Court York,
County of New York, alleging an unpaid account. Id. Plaintiff alleges that Defendant failed to
pay for serviced rendered. Id. I disagree with these statements.
5. Defendant never received service of this lawsuit.
6. I received notice of this action when I received an information subpoena by mail
on or about April 23, 2019. As soon as I received the subpoena, Defendant retained counsel to
vacate the default and defend itself in this action.
7. Defendant did not receive a copy of a summons and complaint either from
Amanda Foster and/or by mail. Defendant did not have and does not have an employee by the
1 of 3
FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019
name of Amanda Foster. The Defendant does not know who this individual is as she is not an
employee of Defendant nor anyone that worked at Defendant's place of business.
8. The first notice that I received of this lawsuit was by mail, a copy of the
information subpoena, on or about April 23, 2019.
9. During the time period in which Plaintiff claims it commenced an action against
11th 3d
Defendant, Defendant was not conducting business at 263 Avenue, Floor, New York,
New York. Ex. A.
10. Defendant did not receive service of the complaint either from Amanda Foster
and/or by mail.
11. Not only was Defendant never served, Defendant never agreed to pay Plaintiff the
amount it seeks for services in 2016 and 2017. Ex. A. The services which Plaintiff claims were
performed for the benefit of Defendant were not performed for Defendant and/or at the request
of Defendant. One of defendant's clients, Denibi, hired Plaintiff and failed to pay Plaintiff for
the services rendered. In fact, Denibi failed to pay Defendant for services itprovided to it.
12. Defendant has valid defenses to this action and was not properly served with the
Complaint.
13. For the foregoing reasons, the Court should grant Defendant's application, vacate
the default, and permit Defendant to file an answer and defend itselfin this action.
14. There has been no previous application for the relief requested herein.
2 of 3
FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019
WHEREFORE, deponent respectfully requests that the default and the subsequent
Judgment be vacated.
Mandie Erickson
Sw rn to before me this
/3 ay of June, 2019.
Notary Public
t 11I r r ,
ALCA/
NOTARY PUBLlC
NO. 01AL6380395
My Comm Expires
Sep 4. 2022
OF
3 of 3
Document Filed Date
June 19, 2019
Case Filing Date
May 23, 2018
Category
Commercial - Other (Acct Stated - Non-payment)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 652596/2018 MAJOR MODEL MANAGEMENT, INC., AFFIDAVIT IN SUPPORT Plaintiff, OF ORDER TO SHOW CAUSE -against- SHOWROOM SEVEN, Defendant. State of New York ) ) ss.: County of New York ) MANDIE ERICKSON, being duly sworn, deposes and says: 1. I am the President of defendant Showroom Seven ("Defendant") in this action and am completely familiar with the facts and circumstances relating to this Order to Show Cause to vacate the default and judgment on motion. 2. I make this affidavit of merit in support of an Order to Show Cause to vacate the Judgment, which plaintiff Major Model Management, Inc. ("Plaintiff") obtained by default 14th against Defendant on the day of December, 2018. 3. The above-entitled action was brought for Defendant's alleged failure to pay for services rendered in or about 2016 and 2017. Ex. A. 4. The Plaintiff a complaint in the· of the State of New filed Supreme Court York, County of New York, alleging an unpaid account. Id. Plaintiff alleges that Defendant failed to pay for serviced rendered. Id. I disagree with these statements. 5. Defendant never received service of this lawsuit. 6. I received notice of this action when I received an information subpoena by mail on or about April 23, 2019. As soon as I received the subpoena, Defendant retained counsel to vacate the default and defend itself in this action. 7. Defendant did not receive a copy of a summons and complaint either from Amanda Foster and/or by mail. Defendant did not have and does not have an employee by the 1 of 3 FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019 name of Amanda Foster. The Defendant does not know who this individual is as she is not an employee of Defendant nor anyone that worked at Defendant's place of business. 8. The first notice that I received of this lawsuit was by mail, a copy of the information subpoena, on or about April 23, 2019. 9. During the time period in which Plaintiff claims it commenced an action against 11th 3d Defendant, Defendant was not conducting business at 263 Avenue, Floor, New York, New York. Ex. A. 10. Defendant did not receive service of the complaint either from Amanda Foster and/or by mail. 11. Not only was Defendant never served, Defendant never agreed to pay Plaintiff the amount it seeks for services in 2016 and 2017. Ex. A. The services which Plaintiff claims were performed for the benefit of Defendant were not performed for Defendant and/or at the request of Defendant. One of defendant's clients, Denibi, hired Plaintiff and failed to pay Plaintiff for the services rendered. In fact, Denibi failed to pay Defendant for services itprovided to it. 12. Defendant has valid defenses to this action and was not properly served with the Complaint. 13. For the foregoing reasons, the Court should grant Defendant's application, vacate the default, and permit Defendant to file an answer and defend itselfin this action. 14. There has been no previous application for the relief requested herein. 2 of 3 FILED: NEW YORK COUNTY CLERK 06/19/2019 05:07 PM INDEX NO. 652596/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/19/2019 WHEREFORE, deponent respectfully requests that the default and the subsequent Judgment be vacated. Mandie Erickson Sw rn to before me this /3 ay of June, 2019. Notary Public t 11I r r , ALCA/ NOTARY PUBLlC NO. 01AL6380395 My Comm Expires Sep 4. 2022 OF 3 of 3