: : : : : : : : : : : : I, Rafael Vergara, Esq., hereby affirm as follows pursuant to CPLR 2106:

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WESCO INSURANCE COMPANY, -against- Plaintiff, PA AUTO GROUP ENTERPRISES CORP., ANDREW SANTORA, and STEVEN SANTORA, Defendants. Index No /2016 Assigned to Hon. Joan M. Kenney, J.S.C. AFFIRMATION OF RAFAEL VERGARA, ESQ. IN SUPPORT OF REQUEST FOR ENTRY OF ORDER AND JUDGMENT I, Rafael Vergara, Esq., hereby affirm as follows pursuant to CPLR I am an attorney-at-law of the state of New York and a Partner with the law firm of White and Williams LLP, attorneys for plaintiff Wesco Insurance Company ( Plaintiff ). 2. The Decision and Order of Hon. Joan M. Kenney, dated March 7, 2017 (the Order ), granted Plaintiff s application for a default judgment against defendant PA Auto Group Enterprises Corp. 3. The Order directed Plaintiff to submit a hard copy of a proposed order to the Supreme Court, New York County, Motion Support, Order Section in Room 119A located at 60 Centre Street, New York, NY 10007, and upload the same to the e-file system no later than April 6, On April 6, 2017, I submitted a hard copy of the Proposed Order and Judgment to the Court in the Motion Support, Order Section in compliance with the Order. (See Stamped Proposed Order and Judgment, Exhibit 1.) v.1

2 5. On April 6, 2017, I electronically filed the Proposed Order and Judgment (NYSCEF 54) in compliance with the Order. (See Confirmation Notice, 4/6/17, Exhibit 2.) 6. This Affirmation was created and is being filed with the Court because NYSCEF 54 was apparently filed incorrectly. NYSCEF 54 was inadvertently electronically filed under the document type Judgment Clerk Default (Proposed), rather than Judgment To Court (Proposed). As a result, I was advised by the Clerk s Office that Plaintiff s Proposed Order and Judgment filed on April 6, 2017 was never properly processed because the Clerk had no authority to enter the judgment submitted. 7. On November 22, 2017, I re-submitted a hard copy of the Proposed Order and Judgment to the Motion Support, Order Section of the Supreme Court, New York County. 8. On November 22, 2017, I electronically filed Plaintiff s Proposed Order and Judgment under the proper document type. (See Confirmation Notice, 11/22/17, Exhibit 3.) 9. On November 22, 2017, I caused to be served by mail, the within Proposed Order and Judgment upon the following PA Auto Group Enterprises Corporation c/o Steven Pinto th Avenue Maspeth, NY Andrew Santora th Street Middle Village, NY Steven Santora th Street Middle Village, NY It is respectfully requested that the Proposed Order and Judgment be entered v.1-2-

3 Date November 22, 2017 Respectfully submitted, s/ Rafael Vergara Rafael Vergara, Esq. White and Williams LLP 7 Times Square, Suite 2900 New York, NY Phone vergarar@whiteandwilliams.com Attorney for Plaintiff, Wesco Insurance Company v.1-3-

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WESCO INSURANCE COMPANY, -against- Plaintiff, PA AUTO GROUP ENTERPRISES CORP., ANDREW SANTORA, and STEVEN SANTORA, Defendants. Index No /2016 Assigned to Hon. Joan M. Kenney, J.S.C. ORDER AND JUDGMENT The summons and complaint in the above-entitled action having been served upon Defendant PA Auto Group Enterprises Corporation (hereinafter, PA Auto Group ) on August 25, 2016, and the time for Defendant to appear, answer, or raise an objection to the complaint in point of law having expired; and Defendant not having appeared, answered, or raised an objection to the complaint in point of law, and the notice required by New York CPLR 3215(g) having been duly mailed; and the plaintiff having made a motion for default judgment; and that motion being submitted unopposed by the defendants; and the Hon. Joan M. Kenney having granted that motion on default by order dated March 7, 2017 and instructing the plaintiff to submit an order on notice; now, it is ORDERED, ADJUDGED AND DECREED that the lawsuit captioned Estrella v. PA Auto Group Enterprises Corp. et. al., Index No /2015, pending in the Supreme Court of New York, County of Queens (the Underlying Action ) does not allege garage operations as defined by the commercial auto policy number WPP issued by Wesco Insurance Company, effective from November 18, 2014 to November 18, 2015 (the Wesco Policy ); and it is further v.1

5 ORDERED, ADJUDGED AND DECREED that Wesco Insurance Company has no duty to defend PA Auto Group in connection with the Underlying Action; and it is further ORDERED, ADJUDGED AND DECREED that because Wesco Insurance Company has no duty to defend PA Auto Group in connection with the Underlying Action, Wesco Insurance Company has no duty to indemnify PA Auto Group under the Wesco Policy in connection with the Underlying Action; and it is further ORDERED, ADJUDGED AND DECREED that because Wesco Insurance Company has no duty to defend PA Auto Group in connection with the Underlying Action, Wesco Insurance Company may withdraw its defense of PA Auto Group in the Underlying Action; and it is further ORDERED, ADJUDGED AND DECREED that the Clerk of the Court is directed to enter default judgment against defendant PA Auto Group whose address is set forth below; and it is further ORDERED, ADJUDGED AND DECREED that Plaintiff Wesco Insurance Company waives the taxing of costs in this matter. HON. JOAN M. KENNEY 2

6 Names and Addresses of Judgment Debtor(s) PA Auto Group Enterprises Corporation c/o Steven Pinto th Avenue Maspeth, NY