The following numbered papers were used on these motions: Submitted by Plaintiff NYSCEF Doc Nos. 34-52, 58-59, 66-67, 103-113, 122-127 Submitted by Defendants NYSCEF Doc Nos. 81-102, 116-118 DECISION AND ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had, the within motions are determined as follows. This is an action by Plaintiff Denise Howard against various Defendants, alleging that Plaintiff sustained personal injuries on October 23, 2023, when she slipped or tripped on a liquid substance and fell at a McDonald’s restaurant located at 267 Broadway, in Brooklyn, due to Defendants’ negligence. Plaintiff claims that she sustained a concussion and serious and permanent injuries to her brain, head, neck, shoulders, and back. Before the Court are two motions. Plaintiff has moved for a default judgment against Defendant Goodman Group Restaurants, Inc. and for the imposition of sanctions against Francis A. Garufi, Esq., who represents Defendants. In turn, Defendants cross-moved to compel Plaintiff to accept Defendant Goodman Group Restaurants, Inc.’s answer and to disqualify Crystal V. Venning, Esq. and her firm, Crystal Venning Law PLLC as counsel for Plaintiff due to violating Judiciary Law §470.1 During oral argument, Defendants’ counsel withdrew that branch of Defendants’ motion seeking to disqualify Ms. Venning. In support of Plaintiff’s motion, it was asserted that Defendant Goodman Group Restaurants, Inc. is one of those who owned, operated, possessed, and managed the premises where Plaintiff’s accident occurred. Goodman Group Restaurants, Inc. was served with the summons and complaint on May 16, 2024, through service on the secretary of state. Goodman Group Restaurants, Inc. initially did not answer, claimed Plaintiff. Rather, an answer was interposed on June 12, 2024 by another entity, Havemeyer Food Corp., “s/h/a Goodman Group Restaurants, Inc.” Plaintiff contended that Havemeyer Food Corp. was an entity separate and distinct from Goodman Group Restaurants, Inc., that answering in the fashion that it did — “Havemeyer Food Corp. s/h/a Goodman Group Restaurants, Inc.” — constituted a deliberate attempt by Goodman Group Restaurants, Inc. to avoid interposing an answer to the complaint, that the Court should enter a default judgment on liability against Goodman Group Restaurants, Inc. because it did not timely respond with its answer to the complaint, and that Mr. Garufi, as attorney for Goodman Group Restaurants, Inc., should be sanctioned for “malicious” conduct (NYSCEF Doc No. 36
