Decided: December 7, 20171Recitation in accordance with CPLR 2219 (a) of the papers considered on the notice of motion of Keith B. Greene, in his capacity of Trustee/Executor of the Estate and Trust of Cora Sample a/k/a Cora Lee Sample (hereinafter the plaintiff of Keith B. Greene) filed on September 11, 2017 under motion sequence number three, for an order pursuant to CPLR 3215 granting a default judgment against defendant Lawrence L. Greene for failing to appear or answer the complaint.Notice of motionAffirmation in supportExhibits A-HProposed judgmentDECISION & ORDERBACKGROUND
*1 On October 30, 2014, plaintiff commenced the instant action for among other things, breach of contract and breach of fiduciary duty by filing a summons and complaint (hereinafter the commencement papers) with the Kings County Clerk’s office. No defendant has opposed the instant motion. Defendant Lawrence L. Greene has not appeared in the action or answered the complaint.The complaint contains eighty-two allegations of fact in support of seven causes of action. The first, second and third cause of action are asserted against New York Community Bank for breach of contract, breach of fiduciary duty and violation of General Business Law §349. The fourth, fifth and sixth cause of action are asserted against Lawrence L. Greene for breach of fiduciary duty, unjust enrichment and fraudulent conveyance. The seventh cause of action is asserted against defendant Kevin D. Greene and Kevin D. Greene, LLC for wrongful conversion.LAW AND APPLICATIONKeith B. Greene seeks a default judgment against Lawrence L. Greene based on his failure to appear or answer the complaint. On a motion for leave to enter a default judgment pursuant to CPLR 3215, the plaintiff must prove proper service of the summons and complaint on the defendant (Atlantic Cas. Ins. Co. v. RJNJ Services, Inc., 89 AD3d 649, 651 [2nd Dept 2011]). Additionally, the plaintiff must submit proof of the defendants’ default in answering or appearing and must submit proof of facts sufficient to establish a viable claim (Id.; also see CPLR 3215 [f]). CPLR 3215 (f) states, among other things, that upon any application for a judgment by default, proof of the facts constituting the claim, the default, and the amount due are to be set forth in an affidavit “made by the party” (HSBC Bank USA, N.A. v. Betts, 67 AD3d 735, 736 [2nd Dept 2009]).Service of the Commencement PapersA plaintiff seeking to assert jurisdiction over a defendant must
