The following e-filed documents, listed by NYSCEF document number (Motion 002) 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 were read on this motion to/for JUDGMENT — DEFAULT. DECISION + ORDER ON MOTION Plaintiff Itria Ventures LLC bring this action against defendants Singh Oil Corporation and J&P Singh Management L.P. (together “Borrowers”) to recover amounts due and owning under a promissory note and loan agreement, guaranteed by defendants Deep Services Inc., Narrows Road, L.L.C., Bingh Oil Turnersville South Inc., Bingh Oil Cherry Hill Inc., and Gurpreet Singh (collectively “Guarantors”), which were executed in connection with commercial financing extended to Borrowers. On May 26, 2023, this court partially granted plaintiffs’ motion for summary judgment in lieu of complaint against Borrowers on the promissory note (NYSCEF # 20). However, the portion of plaintiff’s motion seeking judgment against Guarantors on their respective guarantees was denied because the guarantees at issue were not instruments for the payment of money only (id). Plaintiff now moves pursuant to CPLR 3215(b) for a default judgment against Guarantors seeking the relief demanded in their complaint and attorneys’ fees (NYSCEF # 43). The motion is unopposed. Pursuant to CPLR 3215, plaintiff may move for default judgment “[w]hen a defendant has failed to appear, plead or proceed to trial of an action” (CPLR 3215 [a]). Generally, a movant seeking default judgment must submit the following materials: (1) proof of service of the summons and complaint or summons with notice; (2) an affidavit of facts constituting the claim and the amount due; and (3) an affidavit showing the default in answering or appearing (id. 3215 [f]; see also Woodson v. Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]). As explained below, plaintiff has established its entitlement to default judgment and attorneys’ fees and costs. To start, plaintiff submits proof of service of the summons and notice of motion, as well as an affidavit showing Guarantors’ default in answering or otherwise. Plaintiff commenced this CPLR 3213 proceeding on October 28, 2022, by filing a summons and notice of motion. Plaintiff submits proof that a copy of the summons and the notice of motion for summary judgment in lieu of complaint were served on each of the Guarantors between November 3, 2022, and December 1, 2022 (see NYSCEF # 50 6; NYSCEF # 52). Guarantors failed to appear or respond to either the summons or the motion(NYSCEF # 50 7). Plaintiff adds that it submitted, pursuant to CPLR 3215(g), copies of the notice of service and summons to Guarantors following the court’s denial of plaintiff’s motion with respect to the Guarantors (id.
8-9). Specifically, plaintiff mailed notice of service and a copy of the summons to defendant Gurpreet Singh on June 13, 2023, pursuant to CPLR 3215(g)(3), and to defendants Deep Services Inc. Narrows Road, L.L.C., Bingh Oil Turnersville South Inc., and Bingh Oil Cherry Hill Inc. on July 5, 2023, at each entities’ respective addresses (NSYCEF # 53). Plaintiff also submits sufficient proof of facts constituting the claims against Guarantors. As detailed in the affidavit of Harrison Smalbach, plaintiff had entered into a loan and security agreement (the LSA) on or about November 19, 2018, pursuant to which plaintiff made a commercial loan, as evidenced by a promissory note (Note), in the amount of $1,000,000 (the Loan), with an interest rate of 11.00 percent per annum (NYSCEF # 44
