PHILIP S. STRANIERE, J. In May 2012, this court issued decisions in the above captioned cases staying the enforcement of all judgments entered by these five plaintiffs, Centurion Capital Corporation (Centurion), Colonial Credit Corporation (Colonial), Great Seneca Financial Corporation (Great Seneca), Monarch Capital Corporation (Monarch) and Platinum Financial Services Corporation (Platinum) in Civil Court Richmond County based on several factors. The reasons primarily were that as all five...
OPINION OF THE COURT KATHERINE A. LEVINE, J. The decision/order on this motion is as follows: This case was submitted, after oral argument, solely on the issue of whether the Civil Court of the City of New York obtains personal jurisdiction over a defendant who is served in Long Island when the record is bereft as to whether Allstate is a resident of New York City. The issue arises as part of defendant Allstate's motion to vacate a default judgment. Allstate contends that it should have been...
OPINION OF THE COURT DEVIN P. COHEN, J. After oral argument, the decision/order on defendant's motion for summary judgment dismissing the complaint is as follows: Defendant moves for summary judgment dismissing the complaint on the ground that it issued timely denials of plaintiff's claims based upon the claimant's failure to appear for two scheduled examinations under oath (EUOs). Plaintiff opposes the motion on the grounds that there was not a reasonable basis for the EUO requests. In...
OPINION OF THE COURT KATHERINE A. LEVINE, J. This matter * was submitted on the unresolved issue of whether interest begins to accrue in no-fault actions at the time of filing or service of the summons and complaint, and whether the tolling of interest provisions contained in the regulations of the Superintendent of Insurance impact this determination. Here, plaintiff failed to commence the lawsuit within 30 days after receipt of defendant's denial of claim form or payment of benefits,...
KATHERINE A. LEVINE, J. All the issues raised by defendant in its brief were reiterated by the Second Department in NY Hospital Medical Center of Queens v. MVAIC, 12 A.D.3d 429 (2d Dept. 2004) motion for leave to appeal den. 4 N.Y.3d 705 (2004). 1 This case makes it clear that neither plaintiff's burden to make out its prima facie case nor the time lines governing a defendant's denial are altered because MVAIC is the defendant. The plaintiff need only show, by proper evidentiary...
DECISION/ORDER DEVIN P. COHEN, J. Procedural History This breach of contract action arises from the defendants' alleged failure to repay a loan from plaintiff in the amount of $30,000.00. Plaintiff commenced this action by service of a summons and complaint on or about February 3, 2011 seeking $30,000.00 plus interest from May 2010. The individual defendant, (Rabbi Dr.) Simcha Yehoshua Cohen (hereinafter Mr. Cohen), filed a pro-se answer on or about March 1, 2011. In his answer Mr. Cohen...
MARGARET CHAN, J. Recitation, as required by CPLR 2219(a), of the papers considered in this order to show cause: Defendant, Shirley Walton AKA Shirley A. Walton, AKA Shirley Ann Johanson ("Walton"), moved to vacate a default judgment entered against her in 2003. Defendant, who is self-represented, also proffered that defending this action in New York would create an "extreme hardship" to her and her family. On November 5, 2003, plaintiff obtained a default judgment against defendant in the...
KATHERINE A. LEVINE, J. Upon the foregoing cited papers, the Decision/Order on this Motion is as follows: This case presents raises a new twist to previous rulings that the notification requirements for verification requests, as contained in 11 NYCRR 65-3.5 and 3.6, do not apply to examinations under oath ("EUOs") that are scheduled prior to the insurance company's receipt of claim forms ("pre claim EUO"). Defendant Hartford Insurance Co. ("defendant" or "Hartford") seeks summary judgment...
OPINION OF THE COURT SABRINA B. KRAUS, J. Background This summary holdover proceeding was commenced by Golden Mountain Realty Inc. (petitioner) against Abraham Severino (respondent), seeking to recover possession of 202 Mott Street, apartment 17, New York, New York 10012 (subject premises) based on the allegation that respondent was a licensee whose right to possession had terminated with the death of Antonia M. Bido, a former tenant of record, or a subtenant no longer entitled to possession....
MARGARET A. CHAN, J. Judge, Civil CourtRecitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Pursuant to CPLR 3212, plaintiff made the instant motion for summary judgment. Plaintiff is the owner of a court reporting service that provided stenographic services for legal proceedings to defendants, an attorney and his law firm, (hereafter, "defendant") and won multiple small claims judgments against him. There are seven unpaid judgments: two (2) from...
