### 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 NEWYORK NEWYORK COUNTY PRESENT: HON. HASA A. KINGO Justice

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

THE CITY OF NEW YORK

- V - GODWIN OJOFEITIMI, Plaintiff,

Defendant.

---------------------------------------------------------------------------------X 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 PlaintiffCity ofNew York's ("Plaintiffor "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'sunopposedmotion for a defaultjudgment 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 ofthe premises located at 103 MalcolmX Blvd., Block 1622, Lot 1, in Kings County, New York ("Subject Premises"). On December 6, 2019, four violations-identifiedas 354-553-5lK(''5lK"), 354-553-52M ("52M"), 354-553-53Y ("53Y"), and 354-553-54X ("54X")-were issued against Defendant. These violations pertained to the unauthorized conversion ofthe Subject Premises in violation of

452262/2023 THE CITY OF NEW YORKvs. OJOFEITIMI, GODWIN Motion No. 001
1 of 4 Page 1 of4 

### [* 1]

### [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 underAdmin. 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 ofpenalties amounting to $70,000.00 for each violation. Notably, the September 21, 2020, default for violation 52M was vacated, and arescheduledhearing 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 5lK, 53Y, and 54X remained intact, as no corrective action was undertaken by Defendant for these violations. In the aftermath, Defendanttook steps to file Certificates ofCorrection for violations 5lK, 52M, and 53Y, which were accepted by the DOB, thereby reducing the penalties for these violations. However, no Certificate ofCorrection 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 ofcustomer service contacts for OATH and DOB, Defendant failed to pay the outstanding penalties, which now total $242,500.00.

DISCUSSION Pursuantto CPLR § 3215(c ), when a defendant fails to appear, plead, or otherwiseproceed 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 ofAppeals reinforced that a default in answering equates to an admission ofall facts and reasonable inferences therefrom.

452262/2023 THE CITY OF NEW YORKvs. OJOFEITIMI, GODWIN Motion No. 001
2 of 4 Page 2 of4 

### [* 2]

### [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 OATHhearing is deemed an admission ofliability, warranting the imposition ofpenalties in the maximum amount prescribed bylaw. 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 defaultjudgmentis supportedbythe record evidence and Defendant's failure to contest or otherwise address the violations. Indeed, the Court finds that Plaintiffhas established aprima facie case forthereliefsought. Defendant'sfailure to appear atboth the OATH hearings and in this action, despite proper service and multiple notices, constitutes a clear admission ofliability. The penalties were lawfully imposed, and the City is entitled to recover the full amount sought. The courtacknowledgesthatwhilethere is no formal written decisionrecountingtherecord evidence by the OATH Hearing Officer, the lack ofsuch 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 ofthe City's motion. Based on the foregoing, it is hereby ORDERED andADJUDGED thatPlaintiff'smotion for a defaultjudgmentis GRANTED. The City ofNew York is awardedjudgment against the Defendant, Godwin Ojofeitimi, in the amount of $242,500.00, representing the total penalties assessed for violations 5IK, 52M, 53Y, and 54X; and it is further ORDERED that the Clerk ofthe Court is directed to enterjudgment accordingly. This constitutes the decision, order, andjudgment ofthe court.

452262/2023 THE CITY OF NEW YORKvs. OJOFEITIMI, GODWIN Motion No. 001
3 of 4 Page 3 of4 

### [* 3]

### !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 YORKvs. OJOFEITIMI, GODWIN Motion No. 001
4 of 4 HASAA. KIN

# ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT**□** OTHER**□** REFERENCE

Page4 of4 

### [* 4]