Spitz v. Life Hotel One LLC

Spitz v Life Hotel One LLC 2024 NY Slip Op 30539(U) February 20, 2024 Supreme Court, New York County Docket Number: Index No. 652330/2021 Judge: Debra A. James 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 02/20/2024 04:58 P~ INDEX NO. 652330/2021 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 02/20/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART 59 Justice ----------------------------------------------------------------- ----------------X INDEX NO. 652330/2021 SAMMY SPITZ, ADAM JAKUBOWICZ, AVIVA MOTION DATE 12/07/2021 JAKUBOWICZ, CONEY ISLAND AVENUE, LLC, POLINA INGBERMAN, MICHAEL ROGERS, JOSEPH SAPONARO, YURY SLEPAK DDS PC, GARY WEKSLER, and RICHARD MOTION SEQ. NO. 001 EKSTRACT, Plaintiffs, - V - DECISION + ORDER ON LIFE HOTEL ONE LLC, LUXE LIFE INVESTMENTS LLC, MOTION and LUXE LIFE MANAGEMENT INC., Defendants. ------------------------------------------------------------------- --------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 35, 36, 37, 38, 39, 40,41,42,43,44,45,46,47,48,49,50,51,52,53,55,57,58 were read on this motion to/for JUDGMENT - DEFAULT ORDER Upon the foregoing documents, it is ORDERED that the motion pursuant to CPLR 305(c) and 2001 of plaintiffs to amend the caption of the complaint to correct and substitute 2464 Coney Island Avenue, LLC for Coney Island Avenue LLC, plaintiff, is granted, without opposition, and the complaint is deemed thereby amended upon service of a copy of this order with notice of entry thereof; and it is further ORDERED that the answer of defendant Luxe Life Investments LLC is deemed amended to reflect the name 2464 Coney Island Avenue, LLC, in place and stead of Coney Island LLC, as plaintiff; and it is further 652330/2021 SPITZ, SAMMY ET AL vs. LIFE HOTEL ONE LLC ET AL Page 1 of4 Motion No. 001

ORDERED that the motion of the plaintiffs SAMMY SPITZ, ADAM JAKUBOWICZ, AVIVA JAKUBOWICZ, CONEY ISLAND AVENUE, LLC, POLINA INGBERMAN, MICHAEL ROGERS, JOSEPH SAPONARO, YURY SLEPAK DDS PC, GARY WEKSLER, and RICHARD EKSTRACT, for a default judgment against defendants LIFE HOTEL ONE LLC and LUXE LIFE MANAGEMENT INC., is GRANTED, without any opposition, and the issue of damages to be assessed against such defendants is referred for determination pursuant CPLR 3215 (b) to a Special Referee, and that plaintiffs may submit the proof by written statements of witness in accordance with 22 NYCRR 202.46(b); and it is further ORDERED, that within thirty (30) days from the date of this Order, plaintiffs shall cause a copy of this order with notice of entry, including proof of service thereof, to be filed with the Special Referee Clerk (Room 119M, 646-386-3028 or [email protected]) to arrange a date for a reference to determine pursuant to CPLR 4317 (b); and it is further ORDERED and ADJUDGED that pursuant to CPLR 3215 (b) the Clerk is directed to enter judgment in favor of plaintiffs and against defendants LIFE HOTEL ONE LLC and LUXE LIFE MANAGEMENT INC. in accordance with the report of the aforementioned Special Referee, together with costs and disbursements to be taxed by the Clerk upon submission of an appropriate bill of costs, without any further application; and it is further

652330/2021 SPITZ, SAMMY ET AL vs. LIFE HOTEL ONE LLC ET AL Page 2 of 4 Motion No. 001

ORDERED that the remaining claims against the defendant LUXE LIFE INVESTMENTS LLC are severed and shall continue; and it is further ORDERED that plaintiff shall serve a copy of this order with notice of entry upon the defendant LUXE LIFE INVESTMENTS LLC by regular first-class mail, within ten days of entry of the herein Order; and it is further ORDERED that the defendant LUXE LIFE INVESTMENTS LLC shall serve an answer to the complaint within fourteen days of such service; and it is further ORDERED that plaintiffs' counsel and the remaining defendants are directed to post on NYSCEF a proposed preliminary conference order or proposed competing preliminary conference order ( s) at least two days before March 21, 2024, on which date counsel or any party appearing on their own behalf shall appear via Microsoft Teams.

DECISION On this motion, plaintiff has complied with the strictures of CPLR 3215 (f), having submitted an affidavit of a person with knowledge of the facts and proof of service upon the defaulting defendants. As there is no opposition to the relief sought by the plaintiff, judgment against the non-appearing defendants is warranted.

652330/2021 SPITZ, SAMMY ET AL vs. LIFE HOTEL ONE LLC ET AL Page 3 of 4 Motion No. 001

However, as the defaulting defendants LIFE HOTEL ONE LLC and LUXE LIFE MANAGEMENT INC. are not signatories to the notes submitted by the plaintiffs, which were executed by Life Hotel Partners LLC, as managing member of Life Hotel Company (NYSCEF Doc. Nos. 3-14), plaintiffs have not prima facie established the amount of damages, which must be determined after an inquest. See Weissman v Sinorm Deli, Inc, 88 NY2d 437, 444-445 (1996) .

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2/20/2024 DATE DEBRA A. JAMES, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 0 REFERENCE

652330/2021 SPITZ, SAMMY ET AL vs. LIFE HOTEL ONE LLC ET AL Page4 of 4 Motion No. 001