SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Queens
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SULTAN MARUF, MOTION FOR
DEFAULT JUDGMENT
Plaintiffs, Index No. 728600/2021
-against- Return Date:
Motion Seq. 1
CITY OF NEW YORK
And THE NEW YORK CITY COMMISSION ON HUMAN RIGHTS,
Justice to be Assigned
Defendant.
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PLEASE TAKE NOTICE that upon the Summons and Verified Complaint, the Affidavit of Sultan Maruf sworn to on August 4 2022, the Affirmation of LAWYER NAME, Esq., dated August 4, 2022, together with the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, plaintiffs Sultan Maruf will move this Court before the motion submission part, Room #, to be held in and for the County of Queens, at the Courthouse located at 88-11 Sutphin Blvd, Queens, NY 11435 on the DATE the day of AUGUST 2022 at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order, pursuant to CPLR §3215 as follows:
(a) Directing the Judgment Clerk of the Supreme Court, Queens County to enter a default judgment in favor of Plaintiffs and against defendant New York City and NYC Commission of Human Rights in the amount of $2,000,000 (Two Million Dollars); and
(b) Such other and further relief as this Court deems just and proper under the circumstances.
PLEASE TAKE FURTHER NOTICE that answering papers and/or cross-motions, if
any, must be served upon the undersigned at least seven (7) days prior to the return date of this
motion.
Dated: Jamaica, New York
August DATE
By:
SULTAN AL MARUF
3605 29TH STREET, APT E9,
LONG ISLAND CITY, NY 11106
PHONE# 929 451 2152
EMAIL: SULTANMARUF@GMAIL.COM
To:
The City of New York and
The Commission of Human Rights
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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SULTAN AL MARUF, AFFIRMATION IN
SUPPORT
Plaintiff, Index No. 728600/2021
-against-
CITY OF NEW YORK,
And, THE NEW YORK CITY COMMISSION ON HUMAN RIGHTS
Defendant.
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SULTAN AL MARUF, hereby affirms the following under penalty of perjury:
- I am the plaintiff in this action (the “Plaintiff”).
As such, I am fully familiar with the facts and circumstances set forth below, based upon the facts known to me to be true, my review of the books and records.
- This affirmation is respectfully submitted in support of Plaintiff’s motion for an order, pursuant to CPLR §3215, directing the judgment clerk of the Supreme Court, New York County (“Judgment Clerk”) to enter a default judgment in favor of Plaintiff and against the defendant CITY OF NEW YORK and THE NEW YORK CITY COMMISSION ON HUMAN RIGHTS (“Defendant”) in the amount of $2,000,000 (Two Million Dollars) included medical bills and punitive damages.
- As will be more fully explained herein, Plaintiff is entitled to the entry of a default judgment as (i) Defendant was properly served with the Summons and Verified Complaint in this action and has failed to timely interpose an answer; and (ii) the damages requested by Plaintiffs to the New York City Comptroller never honored.
- This action was commenced on December 30, 2021, by the filing of a Summons
and Verified Complaint for, among other things, sums due by Defendant to Plaintiffs for the
negligence and harm.
A copy of the Summons and Complaint are annexed hereto as Exhibit A.
- On December 30, 2021, Plaintiff properly effectuated service upon Defendant by
causing a true copy of the Summons and Complaint and Notice of Commencement of Action
Subject to OPTIONAL Electronic Filing to be delivered to the New York Secretary of State
pursuant to Section 303 of the Limited Liability Company Law. A copy of the Affidavit of
Service is annexed hereto as Exhibit B.
- In addition, on December 30, 2021, Plaintiffs effectuated service on Defendant
pursuant to CPLR 3215 by serving on it a copy of the Summons and Verified Complaint together
with a Notice to Corporation. Accordingly, Plaintiffs deposited true copies thereof in a postage
paid properly addressed wrapper, in an official depository under the care of the U.S. Postal
Service within the State of New York, in an envelope, with postage prepaid thereon. The second mailing was addressed to Defendant at its last known address of 1560 Broadway, Suite 610, New York, New York 10036. A copy of the Affidavit of Second Service upon Defendant is annexed hereto as Exhibit C.
- Defendant’s time to plead, answer or move with respect to the Summons and
Verified Complaint expired as of August 4, 2022. Defendant has neither answered nor moved
to extend its time to serve an answer, and no extensions have been given. Accordingly, since
Defendant’s time to plead, answer or move with respect to the Summons and Verified Complaint
had not been extended, and since Defendants have not moved or answered, Defendants are in default in pleading.
- In accordance with CPLR §3215(f), accompanying this submission is the complaint of Sultan Maruf, the Plaintiffs, providing proof of facts constituting the claims against Defendants and the amount due to Plaintiffs.
- As detailed in the complaint, on or about January 6, 2021, the plaintiff filed monetary damages against the defendants for their negligence with the CITY OF NEW YORK, OFFICE OF THE COMPTROLLER.
- The New York City Office of the Comptroller issued claim number 2021PI000285.
- This Complaint arises from discrimination and harassment against Plaintiff. Plaintiff, of Bangladeshi national origin, was subjected to discriminatory comments and harassment from his landlord’s manager, on the basis of his national origin.
- Plaintiff consequently filed a Complaint at the NYCCHR’s office. However, employees of the NYCCHR intentionally and/or negligently delayed to prosecute of Plaintiff’s case amidst Plaintiff’s incessant emails, expressing his concerns for the delay.
- Plaintiff, therefore, files this case against Defendants for negligently and/or intentionally delaying Plaintiff’s case; pushed for settlement contrary to Plaintiff’s intention; and dropped the case when Plaintiff refused to accept the settlement offer.
- Resultantly, Plaintiff is entitled to medical and punitive damage for Defendants’ actions.
WHEREFORE, Plaintiffs respectfully request that this Court grant this motion in its
entirety and issue an Order, pursuant to CPLR §3215, (a) directing the Judgment Clerk of the
Supreme Court, New York County to enter a default judgment in favor of the Plaintiffs and
against the Defendants, jointly and severally, in the amount of $2,000,000 (Two Million Dollars) and; and (b) awarding such other and further relief as this Court deems just and proper under
the circumstances.
Dated: Jamaica, New York
August 19, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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