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Calva v. 156 E. 62nd St. LLC

Entry of Default Judgment Denied as Contractor Fails to Comply With Notice Requirements

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The following papers, 47-55, were read on this motion for entry of a default judgment.Notice of Motion — Affirmation in Support — Exhibits A-F Nos. 47-55

*1 Motion by Second Third-Party Plaintiff 156 E 62nd Street LLC (“156″) pursuant to CPLR 3215 for an order directing the entry of a default judgment against Second Third-Party Defendant AARCO Contracting LLC (“AARCO”) is denied.BACKGROUNDPlaintiff Wilian Calva (“Calva”) commenced the instant action on March 17, 2015, by e-filing a Verified Complaint against Defendants 156 and Spindle L&C Corporation (“Spindle”). Plaintiff alleges in the Verified Complaint that 156 retained AARCO and Spindle as general contractors or construction managers to perform certain work located at 156 East 62nd Street, New York, New York 10065 (the “Premises”) on February 5, 2015. Plaintiff further alleges that he was lawfully working at the Premises on February 5, 2015, when he was caused to fall from a ladder and suffer injuries due to the negligence of Defendants. Plaintiff further alleges that Defendants violated Labor Law §§200, 240 (1), 240 (2), 240 (3), 241 (6) and Rule 23 of the Industrial Code of the State of New York.On June 9, 2015, 156 interposed a Verified Answer asserting affirmative defenses and cross-claims against Spindle, demanded a verified bill of particulars,

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