Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion: Notice of Motion and Affidavits 1 Order to Show Cause and Affidavits Annexed: Answering Affidavits Replying Affidavits DECISION and ORDER Upon the foregoing cited papers, the Decision and Order on Plaintiff’s Motion dated, August 8, 2022, for an Order granting default judgment against Defendants, pursuant to CPLR Section 3215, and this motion having been heard on November 15, 2022, and there being no appearance or opposition by defendant, is hereby decided as follows: Procedural History The Plaintiff commenced the action by filing a Summons and Complaint on July 21, 2021. In the Complaint Plaintiff, Board of the 527 Flushing Avenue Condominium, states the Defendants are owner of condominium Unit 2 located at 527 Flushing Avenue, Brooklyn NY 11205, and have failed and refused to pay the “dues, assessments, and fees duly charged to their unit, total $16,635.44.” Complaint 1-4. The Plaintiff claimed the Defendants are liable for the total 16,635.44 plus interest at a rate of 9 percent per annum or $4.03 per day. Complaint 10. Plaintiff attached to the Complaint a list titled “Open Receivables,” according to which Defendant had paid $761.88 in the past leaving the balance of $16,635.44 the Plaintiff is claiming. Plaintiff also attached the affidavit sworn to on August 8, 2022, of Mandy Deutsch, the managing agent of the Plaintiff, wherein she attests to having personal knowledge of amount due by Defendants. According to the affidavit of service dated 10/19/21 the Summons and Complaint was served upon the Defendants at 248 Wallabout Street 5D, Brooklyn NY 11206, on 9/2/21 at 6:48PM; 10/5/21 at 7:32AM; 10/11/21 at 12:53PM. Defendant Ex. B. The affidavit of Service states the Summons and Complaint was served by affixing a true copy to the door on each of the dates. According to Plaintiff’s Exhibit C, the affidavit of service indicates that the Summons was also mailed pursuant to CPLR §3215 to Defendants at 527 Flushing Avenue, Brooklyn NY 11205 on August 3, 2022. No Answer to the Complaint was filed by the Defendants. According to the affidavit of service sworn to on August 10, 2022, by Jen Pagano the notice of motion was served upon the Defendants. Rosa Stern and David Stern, at both 527 Flushing Avenue #2, Brooklyn NY 11205 and 248 Wallabout Street 5D, Brooklyn NY 11206, on August 3, 2022. NOW, upon reading the Notice of Motion dated August 8, 2022, the affirmation of Richard A. Rosenzweig, Esq., dated August 8, 2022, the affidavit of Mendy Deutsch, sworn to on August 8, 2022, and all other papers and proceedings previously had herein and annexed as exhibits thereto, and this matter having been duly presented to this Court, with proof of service upon the defendant annexed to the moving papers, and due deliberation having been had hereon, accordingly it is hereby, ORDERED, Plaintiff’s motion is Denied without prejudice to renew upon proper papers, and it is further, ORDERED, that Plaintiff will serve a copy of the Order with Notice of entry on defendants within twenty (20) days and file proof of service with the Court. This constitutes the Decision and Order of the Court. Dated: January 17, 2023
