Board of Mgrs. of the Hampton House Condominium

v IPark U, Inc.

2024 NY Slip Op 31187(U)

April 8, 2024

Supreme Court, New York County

Docket Number: Index No. 158771/2021

Judge: Mary V. Rosado

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.
NYSCEF DOC. NO. 43 

INDEX NO. 158771/2021 

RECEIVED NYSCEF: 04/08/2024 

SUPREME COURT OF THE STATE OF NEW YORK 

NEW YORK COUNTY 

PRESENT: HON. MARY V. ROSADO 

Justice 

·------------X 

BOARD OF MANAGERS OF THE HAMPTON HOUSE 

CONDOMINIUM 

-vlPARK U, INC., 

Plaintiff, 

Defendant. 

----------------------------------------------------------------------X 

PART 33M 

INDEX NO. 158771/2021 

MOTION DATE 12/19/2023 

MOTION SEQ. NO. 002 

DECISION + ORDER ON 

MOTION 

The following e-filed documents, listed by NYSCEF document number (Motion 002) 24, 25, 27, 30, 32, 

33, 34, 35, 36, 37 

were read on this motion to/for STRIKE PLEADINGS 

Upon the foregoing documents, there being no opposition and good cause having been 

shown, Plaintiff Board of Managers of the Hampton House Condominium's ("Plaintiff') 

December 19, 2023 motion for an Order striking Defendant !Park U, Inc's ("Defendant") 

December 13, 2021 Answer (NSYCEF Doc. 35) and granting default judgment against Defendant 

and in favor of Plaintiff for the relief sought in Plaintiff's Verified Complaint (NYSCEF Doc. 34) 

is granted. 

I. Background 

Pursuant to the May 13, 2023 Preliminary Conference Order Plaintiff and Defendant were 

directed to serve any demands for discovery and inspection on or before July 15, 2023, and to 

serve responses to those demands "as per CPLR" (NYSCEF Doc. 24). Subsequently, Plaintiff filed 

a Notice of Demand for Discovery and Inspection on July 24, 2023 (NYSCEF Doc. 36). Pursuant 

to CPLR 3120(2), Defendant's response to Plaintiff's Discovery and Inspection Notice was to be 

served along with any responsive documents on or before August 14, 2023. After Defendant failed 

158771/2021 BOARD OF MANAGERS OF THE HAMPTON HOUSE CONDOMINIUM vs. !PARK U, 

INC. 

Motion No. 002 

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NYSCEF DOC. NO. 43 

INDEX NO. 158771/2021 

RECEIVED NYSCEF: 04/08/2024 

to respond to Plaintiffs Discovery and Inspection Notice by August 14, 2023, Defendant sent 

Plaintiff good faith emails on August 15, 2023 and August 16, 2023 seeking a response to the 

Discovery and Inspection Notice (NYSCEF Doc. 33 at 3). Plaintiff did not respond to either of 

Defendant's August emails (NSYCEF Doc. 33 at 3). 

Subsequently, a Compliance Conference Order dated September 20, 2023 ordered 

Defendant, inter alia, to respond to Plaintiffs July 24, 2023 Discovery and Inspection Notice by 

October 20, 2023 (NYSCEF Doc. 27). Despite this Order, Defendant did not serve any response 

to the Discovery and Inspection Notice on or before October 20, 2023 (NYSCEF Doc. 33 at ,i 9). 

On October 24, 2023 Plaintiffs counsel sent another email to Defendant's counsel seeking 

a response to Plaintiffs Discovery and Inspection Notice, and if a response was not received that 

Plaintiff would seek to schedule a pre-motion discovery conference (NYSCEF Doc. 33 at ,i 9). 

On November 1, 2023, Plaintiff filed a request for leave to file a discovery motion in this 

action (NYSCEF Docs. 28-29). On November 3, 2023, the Court issued a Decision and Order 

conditionally granting Plaintiff leave to make a discovery motion in the event that Defendant "fails 

to file a response to Plaintiffs First Notice of Demand for Discovery and Inspection, dated July 

24, 2023 ... by December 1, 2023" (NYSCEF Doc. 30). 

To date, Defendant has failed to provide any response to Plaintiffs Discovery and 

Inspection Notice. Accordingly, Plaintiff commenced the instant motion on December 19, 2023 

seeking an Order striking Defendant's December 13, 2021 Answer (NSYCEF Doc. 35) and 

granting default judgment against Defendant and in favor of Plaintiff for the relief sought in 

Plaintiffs Verified Complaint (NYSCEF Doc. 34). Defendant has not filed any opposition to 

Plaintiffs motion. 

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NYSCEF DOC. NO. 43 

II. Discussion 

INDEX NO. 158771/2021 

RECEIVED NYSCEF: 04/08/2024 

A. Plaintiffs Motion to Strike Defendant's Answer and Enter Default Judgment 

against Defendant, is Granted 

CPLR 3126(3) authorizes a court to strike pleadings where a party "refused to obey an 

order for disclosure or willfully fails to disclose information which the court finds ought to have 

been disclosed." The First Department has held that the repeated violation of discovery orders 

constitutes a pattern of noncompliance giving rise "to an inference of willful and contumacious 

conduct" warranting the imposition of sanctions pursuant to CPLR 3126 (Cooper v Metropolitan 

Transp. Auth., 186 AD3d 1150 [1st Dept 2020]). 

Here, Defendant has failed to provide the discovery ordered by the May 13, 2023 

Preliminary Conference Order (NYSCEF Doc. 24), the September 20, 2023 Compliance 

Conference Order (NYSCEF Doc. 27) and the Decision and Order dated November 3, 2023 

(NYSCEF Doc. 30), and failed to respond to no less than three good faith letters sent by Plaintiffs 

counsel. In light of the foregoing, Defendant is held in default, and its answer is stricken. 

B. Entry of Default Judgment against Defendant for the Relief Requested m 

Plaintiffs Complaint is Proper 

It is well settled that "[w]hen an answer is stricken and a default entered, the defendant 

'admits all traversable allegations in the complaint, including the basic allegation of liability, but 

does not admit the plaintiffs conclusion as to damages' ... unless the damages are for a sum which 

can be made certain by computation" (Curiale v Adra Ins. Co., 88 NY2d 268,279 [1996] quoting 

Rokina Optical Co. v Camera King, Inc., 63 NY2d 728, 730 [1984]). The Court of Appeals has 

held that the term "sum certain" "contemplates a situation in which, once liability has been 

established, there can be no dispute as to the amount due, as in actions on money judgments and 

158771/2021 BOARD OF MANAGERS OF THE HAMPTON HOUSE CONDOMINIUM vs. IPARK U, 

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INDEX NO. 158771/2021 

RECEIVED NYSCEF: 04/08/2024 

negotiable instruments" (Reynolds Secur., Inc. v Underwriters Bank & Trust Co. 44 NY2d 568, 

572 [1978]). 

Here, the Court finds that Plaintiffs Complaint seeks a monetary judgment of $200,000.00 

with prejudgment interest (NYSCEF Doc. 34 at ,i 13). In accordance with the above outlined 

criteria, the $200,000.00 sum sought by Plaintiff constitutes a sum certain. Accordingly, an inquest 

is not needed, and Plaintiffs motion for a judgment on default in the sum of $200,000.00, with 

prejudgment interest, is granted against Defendant. 

Accordingly, it is hereby, 

ORDERED that Plaintiff Board of Manager of the Hampton House Condominium's 

December 19, 2023 motion for an Order striking Defendant !Park U, Inc.'s December 13, 2021 

Answer and granting a default judgment against Defendant and in favor of Plaintiff for the relief 

sought in Plaintiffs Verified Complaint, is granted; and it is further 

ORDERED that Plaintiff Board of Manager of the Hampton House Condominium's 

motion for a money judgment on default against Defendant !Park U, Inc. is granted in the amount 

of $200,000.00, plus statutory interest from September 24, 2021 (the commencement of this 

action) through entry of judgment, as calculated by the Clerk of the Court, together with costs and 

disbursements as taxed by the Clerk of the Court upon submission of an appropriate bill of costs; 

and it is further 

ORDERED that within ten (10) days of entry, counsel for Plaintiff Board of Manager of 

the Hampton House Condominium shall serve a copy of this Decision and Order, with notice of 

entry, upon Defendant !Park U, Inc.; and it is further 

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Motion No. 002 

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INDEX NO. 158771/2021 

RECEIVED NYSCEF: 04/08/2024 

ORDERED that the Clerk of the Court is directed to enter judgment accordingly. 

This constitutes the Decision and Order of the Court. 

4/8/2024 

DATE HON. MARY V. ROSADO, J.S.C. 

CHECK ONE: 

APPLICATION: 

CHECK IF APPROPRIATE: 

x CASE DISPOSED 

x GRANTED □ DENIED 

SETTLE ORDER 

INCLUDES TRANSl'ER/REASSIGN 

NON-FINAL DISPOSITION 

GRANTED IN PART 

SUBMIT ORDER 

FIDUCIARY APPOINTMENT 

158771/2021 BOARD OF MANAGERS OF THE HAMPTON HOUSE CONDOMINIUM vs. IPARK U, 

INC. 

Motion No. 002 

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□ OTHER 

□ REFERENCE 

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