SUPREME COURT OF THE STATE OF XXX
COUNTY OF QUEENS
XXX,
Plaintiff
-against-
XXX, et al.,
Defendants
Index No. XXX
NOTICE OF MOTION; AND MOTION
FOR DEFAULT JUDGMENT
TO THE SUPREME COURT, TO THE DEFENDANTS AND TO THEIR ATTORNEYS
OF RECORD:
NOTICE IS HEREBY GIVEN that Plaintiff ASHMEEN MODIKHAN, at the venue
indicated or at such other venue as the court shall prescribe will move this Court for an Order for
a Default Judgment.
The motion will be based on this Notice of Motion, the Motion itself and the averments
therein, on any records and files already filed in this case, and on such evidence as may be
presented at the hearing of the motion.
Dated: 07 July XXXX
Respectfully submitted,
______________________________
XXX
MOTION FOR DEFAULT JUDGMENT
COMES NOW Plaintiff XXX pro se, and files this Motion for
Default Judgment pursuant to XXXX. In support thereof, the Defendant states as follows:
BACKGROUND
Plaintiff commenced the instant action by filing a Complaint on or about April XXX
On or about April XXX, Plaintiff filed the First Amended Complaint.
However, as at the time for filing this motion, Plaintiff has only received one response
from the Defendants.
Accordingly, Plaintiff files this Motion for Default Judgment against the Defendants who
have not filed an Answer to Plaintiff’s Complaint.
ARGUMENT
According to XXX, when a defendant has failed to appear in an action, the
plaintiff may seek a default judgment against him. Further, XXX provides that where
there are multiple defendants, and one of the defendants have answered the complaint while the
others have failed to appear or plead, upon application by the plaintiff, the court may issue an ex
parte order directing the entry of a judgment against the non-answering defendant(s), after the
determination of the case against the answering defendant.
In the instant action, the Plaintiff has only received one response to his Complaint. The
remaining Defendants have failed to enter appearance by filing responses to Plaintiff’s
Complaint. The Plaintiff is therefore entitled to a default judgment against the Defendants.
CONCLUSION
WHEREFORE, the foregoing considered, Plaintiff prays for an order of Default
Judgment against the Defendants. Plaintiff further prays for any other order this court deems just.
Respectfully submitted,
Dated: _______________ By:
___________________________
XXX
CERTIFICATE OF MAILING
I, XXXX certified on this ______day of ________ XXX, I deposited a
true copy of the above to the Defendants, by placing the documents with prepaid postage in the
United States mailbox address(es):
[ENTER ADDRESSES]
By:
___________________________
XXX
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