| 78 Gibson LLC v Duartesubi |
| 2025 NY Slip Op 50851(U) [86 Misc 3d 1202(A)] |
| Decided on May 23, 2025 |
| Supreme Court, Westchester County |
| Jamieson, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
78 Gibson
LLC, Plaintiff,
against Adamelvis Duartesubi, JUANA SUBI MARTE DE DIAZ a/k/a JUANA SUBI MARTE, Defendants. |
The following paper numbered 1 was read on this motion:
Paper NumberPlaintiff brings its motion for a default seeking a money judgment in the amount of $15,000, plus interest from October 1, 2024. Plaintiff is the landlord of a building in which defendants leased an apartment. Defendants stopped paying their rent several months before they moved out (after plaintiff commenced an action in Housing Court). After making one payment of $1,000 and plaintiff applying the security deposit to the balance, $15,000 is due.
Despite proper service of the summons and complaint and this motion, defendants failed to file an answer or any opposition.
As there is no reason to deny the motion, it is granted. In future, counsel shall submit a proposed Order with similarly unopposed motions. Plaintiff shall send a copy of this Decision and Order to defendants by overnight mail within two business days of receipt.
Plaintiff may submit a proposed Judgment to the Judgment Clerk, on notice by overnight mail to defendants, in the amount of $15,000, plus interest at the statutory rate from the date of entry of this Decision and Order.
The foregoing constitutes the decision and order of the Court.
Dated: May 23, 2025