Grobman v Etoile 660 Madison LLC 2013 NY Slip Op 31642(U) July 18, 2013 Supreme Court, New York County Docket Number: 15030/13 Judge: Manuel J.

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1 Grbman v Etile 660 Madisn LLC 2013 NY Slip Op 31642(U) July 18, 2013 Supreme Curt, New Yrk Cunty Dcket Number: 15030/13 Judge: Manuel J. Mdez Republished frm New Yrk State Unified Curt System's E-Curts Service. Search E-Curts ( fr any additinal infrmatin n this case. This pinin is uncrrected and nt selected fr fficial publicatin.

2 [* FILED: 1] NE YORK COUNTY CLERK 07/23/2013 INDEX NO /2013 _'c NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/23/2013 SUPREME COURT OF THE STATE OF NE YORK - NE YORK COUNTY PRESENT: HON. MANUELJ.MENDEZ PART ----=-:13=-----_ Justice ROSE GROBMAN, INDEX NO /13 - v - Plaintiff(s). MOTION DATE MOTION SEQ. NO.---,0=0c.,:..1 MOTION CAL. NO., ETOILE 660 MADISON LLC, ETOILE 660 MADISON MEZZ LLC, ETOILE 660 MADISON MEZZ 2 LLC, ETOILE 660 MADISON MEZZ 3 LLC, JSRE MANAGEMENT, LLC, FISHER BROTHERS MANAGEMENT CO. LLC, and FIRST QUALITY MAINTENANCE II, LLC, d/b/a FIRST QUALITY MAINTENANCE, - -z uct _ I--n:: (!) ::Jz -,- 03: 1--0 c...j...j n:: 0 n::ll. LL.:J: I-- n::n:: >0...JLL....J ::J LL. I-- U a.. n:: ct u -z i= ~ Defdant(s). The fllwing papers, numbered 1 t _7_ were read n this mtin and crss-mtin t/ fr Default:. Ntice f Mtin/ Order t Shw Cause - Affidavits - Exhibits Answering Affidavits - Exhibits crss mtin 5-6 Replying Affidavits 7 Crss-Mtin: Yes X N PAPERS NUMBERED Upn a reading f the freging cited papers, it is rdered that the Plaintiffs Mtin pursuant t CPLR Sectin 3215 fr a Default Judgmt against Defdants, Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, Etile 660 Madisn Mezz 3 LLC, and First Quality Maintance II, LLC, d/b/a First Quality Maintance (cllectively, the "Defaulting Defdants"), is granted n default. Plaintiff brught this actin, fr persnal injuries she claims were sustained after a trip and fall n a flr mat in a building lbby. She seeks an Order granting a Default Judgmt against the Defaulting Defdants, setting this matter dwn fr inquest n damages at the time f trial f the remainder f this actin. Defdants Etile 660 Madisn LLC and Fisher Brthers Managemt ppse that branch f Plaintiff's Mtin which sught riginally Default Judgmt against them.

3 [* 2] In Plaintiff's Supplemtal Affirmatin, Plaintiff withdrew that prtin f her Mtin which sught a Default Judgmt against Defdant Etile 660 Madisn LLC. At Oral Argumts, held befre this Curt n July 17, 2013, Plaintiff clarified that she sught a Default Judgmt against the Defaulting Defdants, nt against any f the ther Defdants. Nne f the Defaulting Defdants have appeared in this actin and nne ppse Plaintiff's Mtin. The party seeking t btain a default judgmt is required t prvide prf f service f the summns and cmplaint, as well as an affidavit stating the facts cnstituting the claim and the default. See CPLR Sectin 3215(f). Service f summns and cmplaint upn the Secretary f State cnstitutes valid service n authrized freign limited liability cmpanies. See N. Y. Ltd. Liab. C. Law Sectin 303. Plaintiff submits a printut f the New Yrk Secretary f State website shwing that Defdant First Quality Maintance II, LLC, d/b/a First Quality Maintance is a freign limited liability cmpany authrized t d business in the State f New Yrk. Service f summns and cmplaint upn bth the Secretary f State and st by registered mail, return receipt requested, t the address specified fr the mailing f prcess cnstitutes valid service n unauthrized freign limited liability cmpanies. See N. Y. Ltd. Liab. C. Law Sectin 304. Plaintiff submits printuts f the New Yrk Secretary f State website shwing that Defdants Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, and Etile 660 Madisn Mezz 3 LLC are freign limited liability cmpanies nt authrized t d business in the State f New Yrk. ithin ne year after the defdant's default, plaintiff may btain a default judgmt. See KPG Inc. v. Salinas Grup Limited, 11 A.D. 3d 338, 783 N.Y.S. 2d 543 (N.Y.A.D. 1 st Dept. 2004); and Garcia v. City f New Yrk, 71 A.D. 3d 503, 895 N.Y.S. 2d 817 (N.Y.A.D. 1 st Dept. 2010). Plaintiff submits the Affidavit(s) f Steve Avery, a licse prcess server as prf n January 18, 2013, the Summns and Verified Cmplaint was served n Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, and Etile 660 Madisn Mezz 3 LLC by service upn the Secretary f State. (Mt. Ex. E, G, I).

4 [* 3] The Affirmatin In Supprt f Erin K. Hurley states that pursuant t Limited Liability Cmpany Law Sectin 304 (c)(2) ntice was st January 24, 2013, by registered mail, return receipt requested, t the registered agt(s) fr service fr Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, and Etile 660 Madisn Mezz 3 LLC. The Affirmatin states the return receipts f the mailings were received February 11, 2013, February 1, 2013, and February 5, 2013 respectively. Plaintiff submits the Affidavit(s) f Steve Avery, a licse prcess server as prf n March 15,2013, the Supplemtal Summns and Amded Verified Cmplaint was served n Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, and Etile 660 Madisn Mezz 3 LLC by service upn the Secretary f State. (Mt. Ex. M, N, 0). Plaintiff submits the affidavit f Steve Avery, a licse prcess server as prf n March 18, 2013, the Supplemtal Summns and Amded Verified Cmplaint was served n First Quality Maintance II, LLC d/b/a First Quality by service upn the Secretary f State. (Mt. Ex. Q) The Affirmatin In Supprt f Erin K. Hurley states that pursuant t Limited Liability Cmpany Law Sectin 304 (c)(2) ntice was st March 19, 2013, by registered mail, return receipt requested, t the registered agt(s) fr service fr Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, and Etile 660 Madisn Mezz 3 LLC. The Affirmatin states the return receipts f the mailings were received April 8, 2013, March 28, 2013, and March 28, 2013 respectively. Plaintitrs Affidavit states that she was injured as a result f a trip and fall n February 9, 2010 n a flr mat in the the building lcated at 660 Madisn Avue, New Yrk, N.Y. Plaintiff states that she was infrmed that Defdants Etile 660 Madisn LLC, Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, Etile 660 Madisn Mezz 3 LLC are the wners f the prperty, Defdant Fisher Brthers Managemt is the managing agt f the building, and that Defdant First Quality Maintance II, LLC d/b/a First Quality was the maintance cmpany respnsible fr the mat n the flr f the building lbby n the date f the accidt. The Defding Defdants' time t answer the Supplemtal Summns and Amded Verified Cmplaint has expired. Upn a review f all the papers submitted, this Curt finds that Plaintiff has established a basis t btain a Default Judgmt against the Defaulting Defdants. Accrdingly, it is ORDERED that Plaintiff's Mtin pursuant t CPLR Sectin 3125 fr a Default Judgmt against Defdants Etile 660 Madisn LLC and

5 [* 4] Fisher Brthers Managemt C. LLC is withdrawn, and it is further, ORDERED that Plaintiff's Mtin pursuant t CPLR Sectin 3211 seeking t strike the Affirmative Defse asserted by Defdant Etile 660 Madisn LLC is withdrawn, and it is further, ORDERED that the Plaintiffs Mtin pursuant t CPLR Sectin 3215 fr a Default Judgmt against Defdants Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, Etile 660 Madisn Mezz 3 LLC, and First Quality Maintance II, LLC, d/b/a First Quality Maintance is granted n default, and it is further, ORDERED that judgmt n liability is granted against Defdants Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, Etile 660 Madisn Mezz 3 LLC, and First Quality Maintance II, LLC, d/b/a First Quality Maintance, and it is further, ORDERED that, an inquest as t damages against Defdants Etile 660 Madisn Mezz LLC, Etile 660 Madisn Mezz 2 LLC, Etile 660 Madisn Mezz 3 LLC, and First Quality Maintance II, LLC, d/b/a First Quality Maintance shall take place at the time f trial f this actin. Dated: July 18, 2013 ENTER: Check ne: D FINAL DISPOSITION X MANUELJ.MENDEZ J.S.C. J.8.C. NON-FINAL DISPOSITION Check if apprpriate: D DO NOT POST D REFERENCE IIINCUILJ. MENDEZ