The following e-filed documents, listed by NYSCEF document number (Motion 013) 284, 285, 286, 287, 288, 289 were read on this motion to/for JUDGMENT — DEFAULT. DECISION + ORDER ON MOTION Upon the foregoing documents, it is In motion seq. no. 013, plaintiffs Bank of India, New York Branch, as a Lender and as Collateral Agent for Allahabad Bank, Hong Kong Branch, and Allahabad Bank, Hong Kong Branch, move pursuant to CPLR 3215 for a default judgment against defendant Anaya Gems, Inc. (Anaya) in the amount of $49,103,094.33 together with costs, fees, and disbursements of this action. “On a motion for a default judgment under CPLR 3215 based upon a failure to answer the complaint, a plaintiff demonstrates entitlement to a default judgment against a defendant by submitting: (1) proof of service of the summons and complaint; (2) proof of the facts constituting its claim; and (3) proof of the defendant’s default in answering or appearing.” (Medina v. Sheng Hui Realty LLC, 2018 N.Y. Misc. LEXIS 1789, *6-7, 2018 WL 2136441, *6-7 [Sup Ct, NY County 2018] [citations omitted].) “Some proof of liability is also required to satisfy the court as to the prima facie validity of the uncontested cause of action. The standard of proof is not stringent, amounting only to some firsthand confirmation of the facts.” (Feffer v. Malpeso, 210 AD2d 60, 61 [1st Dept 1994] [citations omitted].) CPLR 3215 (f) requires a plaintiff to submit “proof of the facts constituting the claim, the default and the amount due…by affidavit made by the party.” “Where a verified complaint has been served, it may be used as the affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall be made by the party’s attorney.” (CPLR 3215 [f].) Proof of Service Plaintiffs submit proof that Anaya was served with the summons and complaint by personal service as well as service via the Office of the Secretary of State. (NYSCEF 70 & 71, aff of service.) On January 6, 2023, plaintiffs served Anaya with an amended and supplemental summons and verified amended complaint via the Office of the Secretary of State. (NYSCEF 222, aff of service.) Plaintiffs also complied with the additional service requirements of CPLR 3215 (g)(4)(i). (NYSCEF 286, aff of additional service.) Proof of Claim In its verified amended complaint, plaintiffs assert claims for breach of the Bank of India Credit Agreement executed between Bank of India and Anaya (BOI Credit Agreement) and breach of the Allahabad Bank Credit Agreement executed between Allahabad Bank and Anaya (AB Credit Agreement). (NYSCEF 288, Verified Amended Complaint
195-206.) CPLR 3215 (f) requires a plaintiff to submit “proof of the facts constituting the claim, the default and the amount due…by affidavit made by the party.” However, “[w]here a verified complaint has been served, it may be used as the affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall be made by the party’s attorney.” (CPLR 3215 [f].) Here, plaintiffs submit both the amended complaint verified by Chander Mohan Kumra, Chief Executive of the Bank of India (NYSCEF 288) and the affidavit of Nirmesh Jee, Vice President and Head of Credit for the Bank India (NYSCEF 287, Jee aff 1.) Jee states that the Bank of India and Anaya executed the BOI Credit Agreement, a Promissory Note (BOI Note), and Security Agreement. (Id. 3.) Pursuant to the BOI Credit Agreement, the Bank of India agreed to extend $35 million. (Id. 4.) Allahabad Bank and Anaya executed the AB Credit Agreement, Promissory Note, and Security Agreement. (Id. 7.) Allahabad Bank agreed to extend an additional $5 million. (Id. 8.) Through both Security Agreements, Anaya assigned continuing liens and a general security interest over Anaya’s accounts receivables, deposit accounts, inventory and equipment, documents of title, fixed assts, shares, rights, and patents, and other property to plaintiffs. (Id.
