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LVNV Funding LLC v. Antigua

Default Judgment Denied, Plaintiff Did Not Abide By CPLR § 3215(g)

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Recitation of the papers considered in reviewing the underlying motion as required by CPLR §2219(a) Papers Numbered Plaintiff’s Notice of Motion, Affirmation, Affidavits, and Exhibits in Support               1 DECISION AND ORDER Upon the foregoing cited papers, the Decision and Order on Plaintiff’s motion for an Order granting Plaintiff default judgment pursuant to CPLR §3215 was heard on August 13, 2024. Plaintiff appeared by counsel. Defendant failed to appear, and no opposition was submitted. Plaintiff commenced this action with the filing of the Summons and Complaint on April 20, 2023, seeking $2,037.67. In support of its motion, Plaintiff attaches a copy of the Stipulation of Settlement, so-ordered by Judge Cynthia Isales, entered into and signed by the defendant on December 14, 2023, wherein defendant agreed to pay $1,500.00 with monthly payments of $25. Defendant made no payments prior to the alleged default on the Stipulation. Defendant defaulted on the Stipulation and the amount of $2,037.67 is alleged to be due and owing, the amount reflected in the complaint less payments made. On January 24, 2024, plaintiff mailed a Notice to Cure to defendant requesting payment to defendants address written on the Stipulation of Settlement and as noted in the Court file, and having received no response, filed the instant motion. However, plaintiff does not attach the affidavit of additional mailing as required by CPLR §3215(g). Accordingly it is hereby, ORDERED, Plaintiff’s motion for a default judgment pursuant to CPLR §3215 is Denied without prejudice to renew upon proper papers; and it is further ORDERED, Plaintiff is directed to serve a copy of this Order with notice of entry on Defendant within twenty (20) days and file proof of service with the Court. This constitutes the Decision and Order of the Court. Dated: October 16, 2024

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