The following e-filed documents, listed by NYSCEF document number (Motion 007) 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194 were read on this motion for JUDGMENT - DEFAULT.

Plaintiff Harry Weiss, Inc. moves for a default judgment against defendants Diamond Star Jewelry, Inc. (Diamond) and Joseph Fteha a/k/a Joseph Fateha (Fteha). This is a [*2]breach of contract action in which plaintiff alleges that Diamond failed to pay plaintiff for eight diamonds totalling $2,343,417.50. Plaintiff moves for a default judgment, claiming that defendants have repeatedly delayed the case by ignoring court orders over the past six years, including the latest order, dated December 9, 2019.

Prior to the latest order, the second counsel to defendants was relieved as their counsel. The court directed defendants to retain a new attorney within 30 days of the order. The court also ordered the new attorney to file a Notice of Appearance and appear for a status conference, scheduled for February 13, 2020.

To date, plaintiff asserts that defendants have not responded to this order. On February 13, 2020, plaintiff's counsel appeared at the status conference. Plaintiff's counsel subsequently left due to the failure of defendant's counsel to appear.

As of now, the court granted plaintiff's motion for partial summary judgment on its claim against Diamond regarding returned checks, awarding plaintiff $605,000, plus interest from December 28, 2018 to the present. The court also dismissed defendant Leah Fteha a/k/a Leah Fateha from the action. On March 4, 2019, the County Clerk entered judgment against Diamond for $615,720.

With respect to the remainder of this action, plaintiff seeks a default judgment against Diamond for failure to comply with the December 9, 2019 court order directing it to retain counsel and to timely file a Notice of Appearance with the Clerk of the Trial Support Office and the Clerk of the Part, and against Fteha for failure to comply with said order directing him to appear for the status conference. Plaintiff also seeks an inquest to assess damages upon the granting of this motion.

The granting of a default judgment should be employed sparingly, unless the conduct alleged is shown to be willful or contumacious (see Chadbourne & Parke LLP v Coleman, 218 AD2d 278, 279 [1st Dept 2004]). Plaintiff contends that defendants' conduct throughout this litigation has been consistently negative, specifically their delay in complying with court orders. From the evidence submitted, the court notices a delay in depositions due to defendants' failure to respond promptly to discovery demands. This is indicative of bad faith, and a demonstration of willful behavior in failing to comply with previous court orders regarding discovery. As of now, defendants have failed to oppose this motion, filing no papers in response. Thus, the court shall grant plaintiff's motion.

Accordingly, it is

ORDERED that plaintiff's motion for a default judgment is granted as against defendants Diamond Star Jewelry, Inc. and Joseph Fteha a/k/a Joseph Fetha; and it is further

ORDERED that an inquest to assess damages resulting from plaintiff's claims is directed; and it is further

ORDERED that, plaintiff shall serve a copy of this order with notice of entry, a note of issue and statement of readiness upon defendants by e-filing, upon the Clerk of the Trial Support Office (Room 119), and shall pay the appropriate fees, if any, and said Clerk shall place this matter upon the trial calendar for an inquest as to damages.