NOTICE OF MOTION FORDEFAULT JUDGMENT

SUPREME COURT OF THE STATE OF XXX

COUNTY OF XXX

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XXX,

                                    Plaintiff,

-against- 

CITY OF XXX and THE XXX CITY

COMMISSION ON HUMAN RIGHTS,

Defendants.

——————————————————————X

TO THE SUPREME COURT, TO THE DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD:

NOTICE IS HEREBY GIVEN that upon the Plaintiff XXX, 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 in favor of Plaintiff and against Defendant XXX City and NYC Commission of Human Rights in the amount of $2,000,000 (Two Million Dollars); and 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. The motion will be based on this Notice of Motion, the Motion itself and the averments therein, on the Plaintiff’s Declaration in Support, 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: _____________

SUPREME COURT OF THE STATE OF XXX

COUNTY OF XXXX

—————————————————————–X

XXXX,

                                    Plaintiff,

-against- 

CITY OF XXX and THE XXXX CITY

COMMISSION ON HUMAN RIGHTS,

Defendants.

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MOTION FOR DEFAULT JUDGMENT

COMES NOW Plaintiff XXX, pro se, and files this Motion for Default Judgment pursuant to CPLR 3215. In support thereof, the Defendant states as follows:

BACKGROUND

Plaintiff commenced the instant action by filing a Complaint on or about XXX. As it shall be shown in the declaration in support, and Exhibits annexed herein, Plaintiff duly effected service on the Defendants as required. However, as at the time for filing this motion, Plaintiff has received no response from the Defendants. Accordingly, Plaintiff files this Motion for Default Judgment against the Defendants.

ARGUMENT

According to CPLR 3215(a), when a defendant has failed to appear in an action, the plaintiff may seek a default judgment against him. Further, CPLR 3215(d) 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 received no response to his Complaint. It follows; the Defendants have failed to enter appearance. 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 Defendant New York City and NYC Commission of Human Rights in the amount of $2,000,000 (Two Million Dollars). Plaintiff further prays for any other order this court deems just.  

Respectfully submitted,

Dated: _______________

SUPREME COURT OF THE STATE OF XXX

COUNTY OF XXX

—————————————————————–X

SULTAN MARUF,

                                    Plaintiff,

-against- 

CITY OF XXX and THE XXX CITY

COMMISSION ON HUMAN RIGHTS,

Defendants.

——————————————————————X

I, XXX, hereby affirm the following under penalty of perjury:

1. 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.
2. 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, XXX County (“Judgment Clerk”) to enter a default judgment in favor of Plaintiff and against the defendant CITY OF XXX 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.
3. 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.
4. This action was commenced on XXX, 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.
5. On XXX, 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 XXX 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.
6. In addition, on XXX, 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.
7. Defendant’s time to plead, answer or move with respect to the Summons and Verified Complaint expired as of XXX. 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.
8. 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.
9. As detailed in the complaint, on or about XXX, the plaintiff filed monetary damages against the defendants for their negligence with the CITY OF XXX, OFFICE OF THE COMPTROLLER.
10. The XXX City Office of the Comptroller issued claim number XXX.
11. 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.
12. 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.
13. 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.
14. Resultantly, Plaintiff is entitled to medical and punitive damage for Defendants’ actions.

I hereby swear under the penalty of perjury that the facts referred to in this affidavit are true, complete and correct.

XXX Dated: _____________

CERTIFICATE OF MAILING

I, XXX, 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):

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