The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 were read on this motion to/for JUDGMENT — DEFAULT. DECISION ORDER ON MOTION This action was brought by four individual Plaintiffs, Franklin Mendoza, Juan Aquino, Gabriel Rincon, and Yoquel Vargas against their former employer, Uno Construction Corporation (“Defendant”), for outstanding wages. On June 23, 2020, Plaintiffs filed a notice of discontinuance as to Plaintiffs Mendoza, Aquino, and Rincon. In motion sequence 001, the remaining Plaintiff, Yoquel Vargas, brings a motion for default judgment on his claims for overtime compensation and breach of public works contracts, on the grounds that Defendant, a corporation, has continually failed to appear by counsel, in violation of CPLR 321 [a]. Defendant filed its answer on May 13, 2019, signed by Mohammad Hallack, the principle of Defendant corporation, who is not an attorney. (NYSCEF Doc No. 8.) On March 3, 2020, the parties appeared for a preliminary conference before the court. However, that conference was adjourned to May 26, 2020, with the court noting that this was the fourth adjournment granted due to Defendant corporation’s lack of counsel. Plaintiff Vargas now brings this motion for default judgment based on Defendant’s continued failure to appear with counsel. The motion has been submitted unopposed. Pursuant to CPLR 321 [a], “a corporation…shall appear by attorney[.]” A default judgment may be entered against a corporation for failure to appear by attorney. (See Jimenez ex rel. Disla v. Brenilee Corp., 48 AD3d 351, 352 [1st Dept 2008], citing Mail Boxes Etc. USA, Inc v. Higgins, 281 AD2d 176 [1st Dept 2001].) On a motion for leave to enter a default judgment, a plaintiff is required to submit: (1) proof of service of the summons and complaint on the defendant; (2) proof of the merits of the subject claims; and (3) proof of the Defendant’s default in answering or appearing. (SMROF II 2012-1 Tr. v. Tella, 139 AD3d 599, 600 [1st Dept 2016].) “Given that in default proceedings the defendant has failed to appear and the plaintiff does not have the benefit of discovery, the affidavit or verified complaint need only allege enough facts to enable a court to determine that a viable cause of action exists.” (Bianchi v. Empire City Subway Co., 2016 NY Misc LEXIS 6730, 2016 WL 1083912, at *1 [Sup Ct, NY County 2016], quoting Woodson v. Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003].) In support of his motion, Plaintiff provides proof that Defendant corporation was properly served with the amended complaint under CPLR 311 [a], by personal service on an individual authorized to receive such, on April 24, 2019. (NYSCEF Doc No. 20.) Additionally, Defendant corporation has failed to appear, in that Defendant’s principle and non-lawyer, Mohammad Hallack, signed both its answers and appeared before the court on four separate occasions in an attempt to participate in a preliminary conference. (See NYSCEF Doc No. 12 [adjourning preliminary conference on four occasions to allow Defendant to retain counsel]; see also Evans v. Conley, 124 AD2d 981, 982 [4th Dept 1986] ["By appearing pro se, defendant's president violated CPLR 321 and her appearance was a nullity."].) The court notes that, although CPLR 3215 states that a plaintiff should move for a default judgment within one year after the default or suffer dismissal of the complaint, Plaintiff herein demonstrates sufficient cause as to why the amended complaint should not be dismissed. This court adjourned the preliminary conference on four occasions based on Defendant’s principle’s representation that he would retain an attorney to represent him in this litigation. Additionally, the court recognizes the logistical challenges presented by the COVID epidemic. Plaintiff submits an affidavit of merit attesting to his alleged outstanding wages. (NYSCEF Doc No. 24, Vargas Affidavit.) In total, Plaintiff claims $165,907.32 in damages and $18,384.29 in attorneys’ fees. (NYSCEF Doc No. 16 at
