SCANNED ON 8/11/2011
UJ
u
1=
U)
:>
..,
f2
c
W
a::
a::
W
LL
'W
a::
...J Z
::> 0'
It u)
frl
g, (!)
W z
a:: j
0
w :::l
u) 0
o J:::
1=
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
-
PDJ:C:I:t.I1J:fON. EILEEN A. RAKOWER
.Index Number: 108929/2010
CAMILLERI CONSTRUCTION CORP.
vs
MONNIER, JOANNA E.
Sequence Number: 001
. DEFAULT JUDGMENT
Answering Affidavits - Exhibits ______________ _
Replying Affldavlt& __________________ _
Upon the foregoing papers, It 18 ordered that this motion Is
--
.......,.,
PART
INDEX NO. ____ _
MOTION DATE ___ _
MOTION SEQ. NO. __ _
I No(s). t
I No(s). __ t. ... 1 .-.3 __
I No(s). ---+-1---
__ __'IJ.S.C.
HON. EILEEN Rt\KO'}/t:R
1. CHECK ONE: ..................................................................... 0 CASE DISPOSED R NON-FINAL DISPOSITION
2. CHECK AS APPROPRIATE; ........................... MOTION IS: 0 GRANTED BDENIED 0 GRANTED IN PART 0 OTHER
3. CHECK IF APPROPRIATE: ................................................ 0 SETILE ORDER 0 SUBMIT ORDER
o DO NOT POST 0 FIDUCIARY APPOINTMENT 0 REFERENCE
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 15
------------------------------------------------------------------){
CAMILLERI CONSTRUCTION CORP.,
Plaintiff,
- against-
JOANNA E. MONNIER, NORTH STAR 1M LLC,
and JOHN DOES" 1" through" 1 0",
Defendants,
------------------------------------------------------------------)(
HON. EILEEN A. RAKOWER, lS.C.
Index No.
108929110
DECISION
and ORDER
Mot. Seq.
001
Plaintiff seeks a default judgment against defendants Joanna E. Monnier
("Monnier") and North Star JM LLC (North Star") (collectively referred to as
"Defendants") pursuant to CPLR 3215. Plaintiff provides affidavits of service
attesting to service of process on both defendants at 14 Jumel Terrace, Apartment 4
in New York County on Monday, July 19,2010 at 9:09 p.m. One affidavit states that
Monnier was served pursuant to CPLR 308(2) by delivering a copy of the summons
and complaint upon "MS. MONNIER, resident/relative, a person of suitable age and
discretion." The affidavit further states that Plaintiff mailed a copy of the summons
and complaint to the above aqdress on July 21,2010.
The affidavit of service upon North Star states that the summons and complaint
were delivered to "MS. MONNIER personally, deponent knew said L.L.C. so served
to be the L.L.C. described in same as said recipient and knew said individual to be the
managing/authorized agent of the L.L.C., and said person stated that he/she was
authorized to accept service on behalf of the L.L.C."
Defendants submit an attorney's affirmation, a memorandum of law, and the
affidavit of Monnier in opposition to the motion. In her affidavit, Monnier states that
the affidavits of service amount to false "sewer service." While the affidavits of
service purport to serve her individually, and as a "managing/authorized agent" of
North Star on July 19,2010, Monnier states that she was out of the country at that
1
time. She annexes a copy of her passport indicating that she arrived in Poland on July
10,2010, and left Poland on July 24,2010. Monnier further states in her affidavit that
she lives alone, and that she is the only person who goes by the name "Ms. Monnier"
at her residence.
1
Based upon the foregoing, it is hereby
ORDERED that Plaintiffs motion for a default judgment is denied.
This constitutes the decision and order of the court. All other relief requested
is denied.
DATED: August 10,2011
5 = - ~
EILEEN A. RAKOWER, J.S.C.
lThe court notes that Defendants have not cross-moved to dismiss the complaint, or for
leave to interpose an answer.
2
