SUPREME COURT - STATE OF NEW YORK - SUFFOLK COUNTY
============================================================
Upon the E-file document list numbered 5 to 1 1 read and considered on the motion by plaintiff for an order pursuant to CPLR 3215 declaring defendant Erika C. Hemandez Lopez in default and holding an inquest against defendant Erika C. Hemandez Lopez at the trial of this action against defendant Stanislaw W. Herzyk;
it is ORDERED that
the unopposed motion by plaintiff for an order pursuant to CPLR 3215 declaring defendant Erika C. Hernandez Lopez in default and holding an inquest against defendant Erika C. Hernandez Lopez at the trial of this action against defendant Stanislaw W. Herzyk, is granted, to the extent that the default of defendant Erika C. Hemandez Lopez is fixed, due to her failure to answer, move with respect to or otherwise respond to the complaint (CPLR 3215 [f]). That the damages, if any, to be awarded in favor of plaintiff as against defendant Erika C. Hernandez Lopez will be determined at the trial of this action against defendant Stanislaw W. Herzyk (see generally Balanta v Slanlaine Toxi Corp., 307 AD2d 1017, 763 NYS2d 840 [2d Dept 20031; Slovik v Wlang, 110 AD2d 630, 487 NYS2d 119 [2d Dept 19851; see also Abbas v Cole, 44 AD3d 31, 840 NYS2d 388 [2d Dept 20071);
and it is further ORDERED that
plaintiff shall serve a copy of this order with notice of entry upon defendant Erika C. Hernandez Lopez by first-class mail at her last known address within thirty (30) days of the entered date.
The foregoing constitutes the decision and Order of the Court.
Dated: May 21. 2025
HON, CHRISTOPHER MODELEWSKI Justice of the Supreme Court
FINAL DISPOSITION NON-FIN
|
|