SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
—————————————————————–X
SULTAN MARUF,
Plaintiff,
-against-
CITY OF NEW YORK and THE NEW YORK 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 SULTAN MARUF, 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 New York 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: _
Respectfully submitted,
SULTAN MARUF
INDEX NO: 728600/2021
NOTICE OF MOTION FOR
DEFAULT JUDGMENT
Justice to be Assigned
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
—————————————————————–X
SULTAN MARUF,
Plaintiff,
-against-
CITY OF NEW YORK and THE NEW YORK CITY
COMMISSION ON HUMAN RIGHTS,
Defendants.
——————————————————————X
MOTION FOR DEFAULT JUDGMENT
COMES NOW Plaintiff SULTAN MARUF, 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 December 30,
- 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
INDEX NO: 728600/2021
MOTION FOR DEFAULT
JUDGMENT
Justice to be Assigned
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: ___
By:
SULTAN MARUF.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
—————————————————————–X
SULTAN MARUF,
Plaintiff,
-against-
CITY OF NEW YORK and THE NEW YORK CITY
COMMISSION ON HUMAN RIGHTS,
Defendants.
——————————————————————X
I, SULTAN AL MARUF, hereby affirm 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
INDEX NO: 728600/2021
DECLARATION IN SUPPORT
OF MOTION FOR DEFAULT
JUDGMENT
Justice to be Assigned
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.
I hereby swear under the penalty of perjury that the facts referred to in this affidavit are
true, complete and correct.
Dated: _
Respectfully submitted,
SULTAN MARUF
CERTIFICATE OF MAILING
I, SULTAN MARUF, certified on this day of __ 2022, 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:
SULTAN MARUF
3605 29TH STREET, APT E9,
LONG ISLAND CITY, NY 11106
PHONE# 929 451 2152
EMAIL: SULTANMARUF@legal-writing-admin
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