Contractors Comp. Trust v $49.99 Sewer Man Inc.

Plaintiff Contractors’ Compensation Trust (“Trust”) is a group self-insured trust (“GSIT”) organized pursuant to the Workers’ Compensation Law and attendant regulations. Defendants are alleged to be former members of the Trust or individuals associated with such members. The Trust commenced this commercial collection action on December 3, 2019 through the electronic filing of a summons and verified complaint naming 1,411 defendants. The complaint alleges that defendants failed to make the payments required by a deficit assessment issued by the Trust on December 12, 2013 (“Deficit Assessment”) (see NYSCEF Doc No. 1 ["Complaint"]). The Trust now moves for entry of a default judgment against numerous defendants for failing to appear in response to the Complaint.¹ The only timely opposition to the motion is as follows: (1) Allen W. Potts d/b/a Allen W. Potts Construction (“Potts”) opposes the Trust’s motion and separately moves to dismiss the Complaint (see NYSCEF Doc Nos. 418, 498);² (2) Stephanie Doerner, Warren A. Hookway III and Tyteffco Industries, Inc. d/b/a Service Master Commercial Cleaning (“Tyteffco”) oppose the Trust’s motion and cross-move for dismissal as to Doerner and Hookway and for the dismissal of certain claims against Tyteffco (see NYSCEF Doc No. 544); and (3) Dale B. Stuhlmiller and Joanne DeVivo oppose the Trust’s motion. DISCUSSION A. The Trust’s Proof “When a defendant has failed to appear, plead or proceed to trial…, the plaintiff may seek a default judgment” (CPLR 3215 [a]). The motion must be supported by proof of service of the summons and complaint, proof of the default and proof of the facts constituting the claim (see CPLR 3215 [f]; Gray v. Doyle, 170 AD3d 969, 971 [2d Dept 2019]; 333 Cherry LLC v. Northern Resorts, Inc., 66 AD3d 1176, 1178 [3d Dept 2009]). 1. Corporate Defendants (Service) The Trust supports its motion with an affirmation of counsel averring that each defendant who remains a subject of the default motion failed to timely answer or otherwise appear following service of process (see NYSCEF Doc No. 443 ["Higgs Aff."],