City of New York v Ojofeitimi

2024 NY Slip Op 32977(U)

August 22, 2024

Supreme Court, New York County

Docket Number: Index No. 452262/2023

Judge: Hasa A. Kingo

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.
[FILED: NEW YORK COUNTY CLERK 08/22/2024 04:47 P~ 

NYSCEF DOC. NO. 20 

INDEX NO. 452262/2023 

RECEIVED NYSCEF: 08/22/2024 

SUPREME COURT OF THE STATE OF NEW YORK 

NEW YORK COUNTY 

PRESENT: HON. HASA A. KINGO 

Justice 

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

THE CITY OF NEW YORK 

- V -

GODWIN OJOFEITIMI, 

Plaintiff, 

Defendant. 

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PART 05M 

INDEX NO. 452262/2023 

MOTION DATE 07/03/2024 

MOTION SEQ. NO. 001 

DECISION + ORDER ON 

MOTION 

The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 

12, 13, 14, 15, 16, 17, 18, 19 

were read on this motion for DEFAULT JUDGMENT 

Upon the foregoing documents, it is hereby 

ORDERED and ADJUDGED that Plaintiff City of New York's ("Plaintiff or "the City") 

instant motion for a default judgment against Defendant Godwin Ojofeitimi ("Defendant") is 

GRANTED. 

BACKGROUND 

This matter comes before the court on the City's unopposed motion for a default judgment 

pursuant to CPLR § 3215 against Defendant. Plaintiff seeks judgment for unpaid penalties 

resulting from violations issued by the Department of Buildings ("DOB") against Defendant, 

owner of the premises located at 103 Malcolm X Blvd., Block 1622, Lot 1, in Kings County, New 

York ("Subject Premises"). 

On December 6, 2019, four violations-identified as 354-553-5 lK (''5 lK"), 354-553-52M 

("52M"), 354-553-53Y ("53Y"), and 354-553-54X ("54X")-were issued against Defendant. 

These violations pertained to the unauthorized conversion of the Subject Premises in violation of 

452262/2023 THE CITY OF NEW YORK vs. OJOFEITIMI, GODWIN 

Motion No. 001 

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[FILED: NEW YORK COUNTY CLERK 08/22/2024 04:47 P~ 

NYSCEF DOC. NO. 20 

INDEX NO. 452262/2023 

RECEIVED NYSCEF: 08/22/2024 

New York City Administrative Code ("Admin. Code")§§ 28-210.1 (violations 51K, 52M, and 

53Y) and 28-210.3 (violation 54X), with civil penalties imposed under Admin. Code§ 28-202.1. 

The Office of Administrative Trials and Hearings ("OATH)" conducted hearings on 

September 21, 2020, which Defendant failed to attend, resulting in default decisions and the 

imposition of penalties amounting to $70,000.00 for each violation. Notably, the September 21, 

2020, default for violation 52M was vacated, and a rescheduled hearing was held on December 3, 

2020. Once again, Defendant failed to appear, leading to another default decision and the reimposition of a $70,000.00 penalty. The default decisions for violations 5 lK, 53Y, and 54X 

remained intact, as no corrective action was undertaken by Defendant for these violations. 

In the aftermath, Defendant took steps to file Certificates of Correction for violations 5 lK, 

52M, and 53Y, which were accepted by the DOB, thereby reducing the penalties for these 

violations. However, no Certificate of Correction was filed for violation 54X, leaving the penalty 

at $70,000.00. Despite repeated attempts by Plaintiff to engage with Defendant for resolution, 

including the provision of customer service contacts for OATH and DOB, Defendant failed to pay 

the outstanding penalties, which now total $242,500.00. 

DISCUSSION 

Pursuant to CPLR § 3215( c ), when a defendant fails to appear, plead, or otherwise proceed 

in an action, the plaintiff is entitled to seek a default judgment. The failure to respond to the 

complaint constitutes an admission of all factual allegations contained therein. In Woodson v. 

Mendon Leasing Corp., 100 NY2d 62, 71 (2003), the Court of Appeals reinforced that a default in 

answering equates to an admission of all facts and reasonable inferences therefrom. 

452262/2023 THE CITY OF NEW YORK vs. OJOFEITIMI, GODWIN 

Motion No. 001 

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[FILED: NEW YORK COUNTY CLERK 08/22/2024 04:47 P~ 

NYSCEF DOC. NO. 20 

INDEX NO. 452262/2023 

RECEIVED NYSCEF: 08/22/2024 

Further, under New York City Charter § 1049-a(d)(l)(d) and 48 RCNY § 6-20, a 

respondent's failure to appear at an OATH hearing is deemed an admission of liability, warranting 

the imposition of penalties in the maximum amount prescribed by law. 

In this case, Defendant's non-appearance at the September 21, 2020, and December 3, 

2020, OATH hearings resulted in the imposition of substantial penalties, which remain unpaid. 

The City's application for a default judgment is supported by the record evidence and Defendant's 

failure to contest or otherwise address the violations. Indeed, the Court finds that Plaintiff has 

established a prima facie case for the relief sought. Defendant's failure to appear at both the OATH 

hearings and in this action, despite proper service and multiple notices, constitutes a clear 

admission of liability. The penalties were lawfully imposed, and the City is entitled to recover the 

full amount sought. 

The court acknowledges that while there is no formal written decision recounting the record 

evidence by the OATH Hearing Officer, the lack of such documentation does not undermine the 

meritorious nature of Plaintiffs claim. Defendant's continued disregard for the legal process, 

despite opportunities to rectify the situation, necessitates the granting of the City's motion. 

Based on the foregoing, it is hereby 

ORDERED and ADJUDGED that Plaintiff's motion for a default judgment is GRANTED. 

The City of New York is awarded judgment against the Defendant, Godwin Ojofeitimi, in the 

amount of $242,500.00, representing the total penalties assessed for violations 5 IK, 52M, 53Y, 

and 54X; and it is further 

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

This constitutes the decision, order, and judgment of the court. 

452262/2023 THE CITY OF NEW YORK vs. OJOFEITIMI, GODWIN 

Motion No. 001 

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!FILED: NEW YORK COUNTY CLERK 08/22/2024 04 :47 PM! 

NYSCEF DOC. NO. 20 

INDEX NO. 452262/2023 

RECEIVED NYSCEF: 08/22/2024 

8/22/2024 

DATE 

CHECK ONE: 

APPLICATION: 

CHECK IF APPROPRIATE: 

CASE DISPOSED 

GRANTED □ DENIED 

SETTLE ORDER 

INCLUDES TRANSFER/REASSIGN 

452262/2023 THE CITY OF NEW YORK vs. OJOFEITIMI, GODWIN 

Motion No. 001 

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HASAA. KIN 

~ NON-FINAL DISPOSITION 

GRANTED IN PART 

SUBMIT ORDER 

FIDUCIARY APPOINTMENT 

□ OTHER 

□ REFERENCE 

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