Recitation in accordance with CPLR 2219 (a) of the papers considered on the notice of motion filed on March 21, 2025, under motion sequence number four, by plaintiff 24 Capital for an order pursuant to CPLR 3215 (a), seeking default judgment against defendant L & J Acquisitions LLC d/b/a Jennings Mill Country Club (hereinafter L&J) in the amount of $145,894.08, plus interest from the date of default, costs, disbursements, and for such other and further relief as the Court deems just and proper. The motion unopposed.

Exhibits 1-2

By decision and order issued on January 30, 2023, and filed under NYSCEF on February 3, 2023, the Court granted the motion of L & J and co-defendant Jorge Martinez under motion sequence number one for an order extending their time to appear or plead in the action so long as the answer was filed by March 3, 2023.

Rather than interpose an answer, on March 3, 2023, defendants L & J and Jorge Martinez jointly filed a motion under sequence number two seeking to dismiss the action as asserted against them pursuant to CPLR 3211 (a) (1) and CPLR (a) (7). The motion was opposed by plaintiff.

By decision and order dated June 6, 2025, the Court denied the motion by defendants L & J and Jorge Martinez filed under sequence number two and directed them to answer the complaint within 20 days of notice of entry of the decision and order.

The decision and order dated June 6, 2025, was entered with notice of entry on June 9, 2025.

As of August 8, 2025, defendants L & J and Jorge Martinez have not interposed an answer to the complaint.

The instant motion seeks a default judgment only as against to L & J and not as against Jorge Martinez.

CPLR 3215 provides in pertinent part as follows:

(a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him.

(f) Proof. On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint . . . and proof of the facts constituting the claim, the default and the amount due . . . by affidavit made by the party[.] . . . Where a verified complaint has been served, it may be used as the affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall be made by the party or the party's attorney.

"On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting its claim, and proof of the defaulting party's default in answering or appearing" (Atlantic Cas. Ins. Co. v RJNJ Servs., Inc., 89 AD3d 649, 651 [2d Dept 2011], citing CPLR 3215 [f]). "CPLR 3215 (f) states, among other things, that upon any application for a judgment by default, proof of the facts constituting the claim, the default, and the amount due are to be set forth in an affidavit 'made by the party'" (HSBC Bank USA, N.A. v Betts, 67 AD3d 735, 736 [2d Dept 2009], citing CPLR 3215 [f]). CPLR 105 (u) permits a verified complaint to substitute an affidavit if needed (see CPLR 105 [u]).

Here, defendants L & J Acquisitions LLC d/b/a Jennings Mill Country Club and Jorge Martinez appeared in the action and submitted to the personal jurisdiction of the court when they asked for the affirmative relief of additional time to plead in the action.

On March 3, 2023, they moved pursuant to CPLR 3211 (a) (1) and CPLR (a) (7) to dismiss the action and did not assert or claim lack of personal jurisdiction. Their motion was denied with an order extending the time to interpose an answer within 20 days of notice of entry of the decision and order. Notice of entry of the order occurred on June 9, 2025. However, the [*2]defendants have not interposed an answer.

The complaint was verified by Leana Abramov, an authorized representative of the plaintiff. The verified complaint may therefore serve as an affidavit in accordance with CPLR 105 (u). The verified complaint alleges facts which set forth a viable claim.

The plaintiff's motion for a default judgment against L & J is granted. Inasmuch as the action against Jorge Martinez remains pending, and inquest on the plaintiff's damages will occur at the time of the trial.

The motion by plaintiff 24 Capital for an order pursuant to CPLR 3215 (a) granting a default judgment against defendant L & J Acquisitions LLC d/b/a Jennings Mill Country Club is granted and an inquest will be held at the time of trial.

The foregoing constitutes the decision and order of this Court.