State Farm Indem. Co. ASO Castillo v. Karim, 2022-50255

CourtNew York Civil Court
Writing for the CourtWendy Changyong Li, J.
PartiesState Farm Indemnity Co. ASO Castillo, Plaintiff(s), v. Karim and Samy, Defendant(s). Karim and Samy, Third Party Plaintiff(s), v. Matute, Third Party Defendant(s).
Docket NumberIndex CV-001926-21/QU,2022-50255
Decision Date08 April 2022

State Farm Indemnity Co. ASO Castillo, Plaintiff(s),
v.

Karim and Samy, Defendant(s).

Karim and Samy, Third Party Plaintiff(s),
v.

Matute, Third Party Defendant(s).

No. 2022-50255

Index No. CV-001926-21/QU

Civil Court of the City of New York, Queens County

April 8, 2022


Unpublished Opinion

Plaintiff's counsel: Serpe, Andree & Kaufman

Defendant's counsel: Martyn, Martyn, Smith, Murray and Yong, Esqs

Wendy Changyong Li, J.

I. Papers

The following papers were read on Defendant-Third Party Plaintiffs' motion for a default judgment:

Papers/Numbered

Defendant-Third Party Plaintiffs' Notice of Motion and Affirmation in Support dated October 28, 2021 (" Motion ") and stamped filed by the court on November 16, 2021. 1

II. Background

In a summons and complaint filed January 22, 2021, Plaintiff insurance company sued Defendants to recover $2, 679.42 in property damage to a motor vehicle registered to Plaintiff's subrogor Castillo, caused in a collision with a vehicle owned, operated or controlled by Defendants (see Motion, Aff. of Fugelsang, Ex. A). Defendants commenced a third-party action against Third Party Defendant in a third-party summons and complaint dated March 18, 2021 (see Motion, Fugelsang Aff., Ex. B). After third party Defendant failed to answer, Defendants-Third Party Plaintiffs moved for a default judgment (CPLR 3215[a]). Neither Plaintiff nor Third Party Defendant opposed the Motion.

III. Discussion and Decision

Third Party Plaintiffs may seek a default judgment against Third Party Defendant if he fails to plead (CPLR 3215[a]). Third Party Plaintiffs must support their Motion for a default judgment with proof of (1) service of the third-party summons and complaint, (2) the facts constituting the claim, and (3) Defendant's default (CPLR 3215[f]; Board of Mgrs. of Harborview Condominium v Goodman, 189 A.D.3d 1529, 1530 [2d Dept 2020]; Capital One, N.A. v Gokhberg, 189 A.D.3d 978, 979 [2d Dept 2020]; Global Liberty Ins. Co. v Haar Orthopaedics & Sports Med., P.C., 170 A.D.3d 1125, 1126 [2d Dept 2019]; Global Liberty Ins. Co. v Joseph Gorum, M.D., P.C., 143 A.D.3d 768, 769 [2d Dept 2016]). Here, Defendants-Third Party Plaintiffs presented the affidavit of service sworn April 12, 2021, which indicated that the third-party summons and complaint were served on Third Party Defendant by service at his residence upon a person of suitable age and discretion (see CPLR 308[2]). However, Third Party Plaintiffs...

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