| Huntington Debt Holding, LLC v DDABB LLC |
| 2025 NY Slip Op 51434(U) [87 Misc 3d 1202(A)] |
| Decided on September 9, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Huntington
Debt Holding, LLC as assignee of NEW WAVE CARD LP
doing business as Capital on Tap, Plaintiff, against DDABB LLC and JONATHAN ADDABBO, Defendants. |
The following paper numbered 1 was read on this motion:
Paper &n bsp; &n bsp; NumberPlaintiff brings its motion seeking (1) a default judgment against defendant Jonathan Addabbo; and (2) to sever plaintiff's claims against defendant DDABB LLC pursuant to § 603 of the CPLR. Plaintiff served the individual defendant with the summons and complaint (and this motion), but was unable to serve the corporate defendant. The Court thus severs the matter as to the corporate defendant and, since it was never served and the time to do so has passed, see CPLR § 306-b, it is dismissed from the action.
Despite having been served properly, Addabbo failed to answer the complaint or this motion. This is likely because it appears that he is liable for the $11,310.36 that the corporate defendant borrowed from plaintiff's predecessor and which Addabbo guaranteed.
Plaintiff shall submit a proposed Judgment to the Judgment Clerk, with notice by overnight mail to defendants, in the amount of $11,310.36, plus interest at the statutory rate from the date of entry of this Decision and Order. Plaintiff shall send a copy of this Decision and Order to both defendants, at their last known addresses, by overnight mail within two business days of receipt.
The foregoing constitutes the decision and order of the Court.[FN1]
Dated: September 9, 2025