Preview
FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELYSE PASQUALE, Index No. 160804/2021
Plaintiff,
AFFIDAVIT IN SUPPORT
-against-
ANTHONY BURGES,
Defendant
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
ELYSE PASQUALE, being duly sworn, deposes and says:
1. I am the Plaintiff in this action. I am fully familiar with the facts and circamstances
of the instant action.
2. I submit this affidavit in support of my motion for an order: a) Pursuant to CPLR
§3025, conforming the proof to the pleadings to date; b) pursuant to CPLR §3215, granting me a
default judgment against Defendant ANTHONY BURGES (the "Defendant") based upon his
failure to appear and answer the Compkint; and c) together with such other and different relief as
the Court may deem just and proper, including costs and disbursements.
23"I
3. I am the owner and landlord of the subject premises located at 340 East Street,
Apartment PH3D, New York, NY 10010 ("Premises"). A true copy of the deed is annexed hereto
"A."
as Exhibit
4. On or about August 29, 2020, Defendant entered into possession of the Premises,
pursuant to a lease by and between Defendant, as tenant, and I, as landlord and owner, for a term
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FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022
commcñcing September 1, 2020, and expiring August 31, 2021 ("Lease"). A true copy of the
"B."
Lease is annexed hereto as Exhibit
5. Pursuant to the terms of the Lease, Dcfêñdant was required to pay $10,903.64 at a
monthly basis. To date, Defendant has failed to the sum of $47,729.12 in rent and additional rent
through August 31, 2021 ("Expiration Date"). A true copy of the rent ledger is annexed hereto as
"C."
Exhibit
6. Defendant has not tendered any rent or use and occupancy since the commencement
of this action.
7. Further, Defendant continues to remain in possession of the Premises after the
Expiration Date, without my permission.
8. I was advised by my attorney that Defendaüt has failed to appear despite being
properly served with the Summons and Complaint ("Complaint") and despite being served with a
second copy of the Complaint attached to the CPLR §3215 notice.
9. As such, I respectfully request that the Court grant this Motion in favor of me for
(1) a judgment in the sum of $47,729.12 against Defendant representing unpaid rent through
August 31, 2021; (2) a judgment in an ame=t of $65,421.84 representing use and occupancy at
the last lease rent in the amount of $10,903.64 for the months September 2021 to February 2022
and (3) a judgment against Defendant in such sum as the Court shall determine after trial with
respect to attorney's fees, together with interest, costs and disbursements of this action.
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FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022
WHEREFORE, based upon the foregoing, it is respectftdly requested that the within motion be
granted in all respects together with such other and further relief as this Court may deemjust and
proper
ELY PASQUA E
Sworn to before me this
fh__ day of February 2022
NOT PU L
Commonwealthof Penmytvania • Notary Seat
THUYNGUYEN,Notary Public
Chester County
My CommissionExpiresOctober 23, 2024
CommissionNumber 1272802
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FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022
ATTORNEY CERTIFICATION PURSUANT TO UNIFORM RULE 202.8-b
I, Noah E. Levenson, an attorney duly admitted to practice law before the courts of the
State of New York, hereby certify that this Affidavit complies with the word count limit set forth
in Rule 202.8-b of the Uniform Rules of the Supreme Court (22 NYCRR 202.8-b) because it
contains 437 words, excluding the parts of the Affidavit exempted by Rule 202.8-b. In prepariñg
this certification, I have relied on the word count of the word-processing system used to prepare
this affirmation.
Dated: February 8, 2022
New York, NY
BUTNICK & LEVENSON LLP
Attorneys for Plaintiff
By: Noah E. Levenson, Esq.
38th
60 West Street, Suite 6W
New York, NY 10018
(212) 362-1197
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Preview
FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELYSE PASQUALE, Index No. 160804/2021 Plaintiff, AFFIDAVIT IN SUPPORT -against- ANTHONY BURGES, Defendant STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) ELYSE PASQUALE, being duly sworn, deposes and says: 1. I am the Plaintiff in this action. I am fully familiar with the facts and circamstances of the instant action. 2. I submit this affidavit in support of my motion for an order: a) Pursuant to CPLR §3025, conforming the proof to the pleadings to date; b) pursuant to CPLR §3215, granting me a default judgment against Defendant ANTHONY BURGES (the "Defendant") based upon his failure to appear and answer the Compkint; and c) together with such other and different relief as the Court may deem just and proper, including costs and disbursements. 23"I 3. I am the owner and landlord of the subject premises located at 340 East Street, Apartment PH3D, New York, NY 10010 ("Premises"). A true copy of the deed is annexed hereto "A." as Exhibit 4. On or about August 29, 2020, Defendant entered into possession of the Premises, pursuant to a lease by and between Defendant, as tenant, and I, as landlord and owner, for a term 1 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022 commcñcing September 1, 2020, and expiring August 31, 2021 ("Lease"). A true copy of the "B." Lease is annexed hereto as Exhibit 5. Pursuant to the terms of the Lease, Dcfêñdant was required to pay $10,903.64 at a monthly basis. To date, Defendant has failed to the sum of $47,729.12 in rent and additional rent through August 31, 2021 ("Expiration Date"). A true copy of the rent ledger is annexed hereto as "C." Exhibit 6. Defendant has not tendered any rent or use and occupancy since the commencement of this action. 7. Further, Defendant continues to remain in possession of the Premises after the Expiration Date, without my permission. 8. I was advised by my attorney that Defendaüt has failed to appear despite being properly served with the Summons and Complaint ("Complaint") and despite being served with a second copy of the Complaint attached to the CPLR §3215 notice. 9. As such, I respectfully request that the Court grant this Motion in favor of me for (1) a judgment in the sum of $47,729.12 against Defendant representing unpaid rent through August 31, 2021; (2) a judgment in an ame=t of $65,421.84 representing use and occupancy at the last lease rent in the amount of $10,903.64 for the months September 2021 to February 2022 and (3) a judgment against Defendant in such sum as the Court shall determine after trial with respect to attorney's fees, together with interest, costs and disbursements of this action. 2 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022 WHEREFORE, based upon the foregoing, it is respectftdly requested that the within motion be granted in all respects together with such other and further relief as this Court may deemjust and proper ELY PASQUA E Sworn to before me this fh__ day of February 2022 NOT PU L Commonwealthof Penmytvania • Notary Seat THUYNGUYEN,Notary Public Chester County My CommissionExpiresOctober 23, 2024 CommissionNumber 1272802 3 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/08/2022 ATTORNEY CERTIFICATION PURSUANT TO UNIFORM RULE 202.8-b I, Noah E. Levenson, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this Affidavit complies with the word count limit set forth in Rule 202.8-b of the Uniform Rules of the Supreme Court (22 NYCRR 202.8-b) because it contains 437 words, excluding the parts of the Affidavit exempted by Rule 202.8-b. In prepariñg this certification, I have relied on the word count of the word-processing system used to prepare this affirmation. Dated: February 8, 2022 New York, NY BUTNICK & LEVENSON LLP Attorneys for Plaintiff By: Noah E. Levenson, Esq. 38th 60 West Street, Suite 6W New York, NY 10018 (212) 362-1197 4 of 4