| Homans Assoc. II LLC v County Heat & AC, LLC |
| 2025 NY Slip Op 50878(U) [86 Misc 3d 1206(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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Homans Associates II LLC, Plaintiff,
against County Heat & AC, LLC & JOSEPH JENSEN, Defendants. |
The following paper numbered 1 was read on this motion:
Paper NumberPlaintiff brings its motion seeking a default judgment against defendant Joseph Jensen (the "individual defendant"), and an inquest on damages. According to the complaint and the invoices submitted to the Court, plaintiff is owed $200,365.57 in unpaid materials supplied to the corporate defendant and guaranteed by the individual defendant.
Despite proper service of the summons and complaint, defendants failed to file an answer. However, plaintiff did not serve this motion on the individual defendant. Accordingly, the Court denies the motion, without prejudice. Plaintiff may file a new motion within 30 days of the date of receipt of this Decision and Order, serving it on defendants. Plaintiff shall also submit a proposed Order. Plaintiff shall send a copy of this Decision and Order to defendants by overnight mail within two business days of receipt.
The foregoing constitutes the decision and order of the Court.
Dated: May 23, 2025