On November 05, 2014 a
Motion-Secondary
was filed
involving a dispute between
Direct Energy Business Marketing Llc,
and
Two Dag Hammarskjold Plaza Condominium,
for Contract (Non-Commercial)
in the District Court of New York County.
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INDEX NO. 161027/2014
FILED: NEW YORK COUNTY CLERK 02704/2015 05:54 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/04/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
setewewee cecmieaeacnes sane enesmoueneua cacmeweeeuameewsnewaemeecaan!
DIRECT ENERGY BUSINESS MARKETING LLC,
Plaintiff, Index No. 161027/2014
eV AFFIRMATION OF
EDWARD HAYUM
TWO DAG HAMMARSKJOLD PLAZA
CONDOMINIUM,
Defendant.
Sees Se a eine eee a weEeerere= ears ee NES EERE REcEREEEE SoS
EDWARD HAYUM, an attorney admitted to the practice of law before the courts of this
State, affirms the truth of following under the penalties for perjury:
1 I am a member of the firm of Cozen O’Connor, attorneys for Direct Energy
Business Marketing LLC (“Direct Energy”), the Plaintiff in the above-entitled action. I have full
knowledge concerning the proceedings in this matter and of the subject matter of this
Affirmation.
2 The above-entitled action, which seeks the payment of a number of unpaid
invoices for electricity sold to the Defendant by Direct Energy and its predecessor in interest,
was commenced by the electronic filing of a Summons and Complaint on November 5, 2014,
true and correct copies of which are annexed hereto as Exhibit “A.” The Summons and
Complaint were served on Defendant’s authorized agent on November 17, 2014.
3 The unpaid amount that was sought by means of the original Complaint totaled
$77,550.15, exclusive of interest and attorneys’ fees as provided for by contract among the
parties. Subsequent to the filing and service of the Summons and Complaint, Direct Energy was
rebilled by the utility, and by invoice dated December 7, 2014, it billed the Defendant for an
additional $3,756.76, which also remains unpaid.
__ a
4 Although the Defendant has not yet answered the Complaint, the time for filing an
amended complaint without leave of court has expired. Accordingly, Direct Energy makes this
motion for leave to amend.
5 Annexed hereto as Exhibit B is a copy of the proposed Amended Complaint.
Attached as Exhibit C is a black-line showing the changes between the original Complaint and
the proposed Amended Complaint. As is evident, the only change is in the ad damnum, which
has increased from $77,550.15 to $81,306.82.
6 Defendant will not be prejudiced in any way by this amendment, as there have
been no proceedings in this matter. Indeed, as stated above, Defendant has not yet filed an
answer or otherwise responded to the original Complaint.
9. Accordingly Plaintiff Direct Energy respectfully requests an Order granting it
leave to file and serve an Amended Complaint in the form annexed hereto.
FURTHER AFFIANT SAYS NAUGHT.
Dated: New York, New York
February 4, 2015
Edward Hayum
Document Filed Date
February 04, 2015
Case Filing Date
November 05, 2014
Category
Contract (Non-Commercial)
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INDEX NO. 161027/2014 FILED: NEW YORK COUNTY CLERK 02704/2015 05:54 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/04/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK setewewee cecmieaeacnes sane enesmoueneua cacmeweeeuameewsnewaemeecaan! DIRECT ENERGY BUSINESS MARKETING LLC, Plaintiff, Index No. 161027/2014 eV AFFIRMATION OF EDWARD HAYUM TWO DAG HAMMARSKJOLD PLAZA CONDOMINIUM, Defendant. Sees Se a eine eee a weEeerere= ears ee NES EERE REcEREEEE SoS EDWARD HAYUM, an attorney admitted to the practice of law before the courts of this State, affirms the truth of following under the penalties for perjury: 1 I am a member of the firm of Cozen O’Connor, attorneys for Direct Energy Business Marketing LLC (“Direct Energy”), the Plaintiff in the above-entitled action. I have full knowledge concerning the proceedings in this matter and of the subject matter of this Affirmation. 2 The above-entitled action, which seeks the payment of a number of unpaid invoices for electricity sold to the Defendant by Direct Energy and its predecessor in interest, was commenced by the electronic filing of a Summons and Complaint on November 5, 2014, true and correct copies of which are annexed hereto as Exhibit “A.” The Summons and Complaint were served on Defendant’s authorized agent on November 17, 2014. 3 The unpaid amount that was sought by means of the original Complaint totaled $77,550.15, exclusive of interest and attorneys’ fees as provided for by contract among the parties. Subsequent to the filing and service of the Summons and Complaint, Direct Energy was rebilled by the utility, and by invoice dated December 7, 2014, it billed the Defendant for an additional $3,756.76, which also remains unpaid. __ a 4 Although the Defendant has not yet answered the Complaint, the time for filing an amended complaint without leave of court has expired. Accordingly, Direct Energy makes this motion for leave to amend. 5 Annexed hereto as Exhibit B is a copy of the proposed Amended Complaint. Attached as Exhibit C is a black-line showing the changes between the original Complaint and the proposed Amended Complaint. As is evident, the only change is in the ad damnum, which has increased from $77,550.15 to $81,306.82. 6 Defendant will not be prejudiced in any way by this amendment, as there have been no proceedings in this matter. Indeed, as stated above, Defendant has not yet filed an answer or otherwise responded to the original Complaint. 9. Accordingly Plaintiff Direct Energy respectfully requests an Order granting it leave to file and serve an Amended Complaint in the form annexed hereto. FURTHER AFFIANT SAYS NAUGHT. Dated: New York, New York February 4, 2015 Edward Hayum