Dariel Realty Corp. v. 89 New Chinatown Rest.

Dariel Realty Corp. v 89 New Chinatown Rest. 2026 NY Slip Op 30895(U) March 10, 2026 Supreme Court, New York County Docket Number: Index No. 159201/2023 Judge: Brendan T. Lantry 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.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1594752024.NEW_YORK.001.LBLX000_TO.html[03/19/2026 3:45:54 PM] FILED: NEW YORK COUNTY CLERK 03/12/2026 11:47 AM INDEX NO. 159475/2024 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/11/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. BRENDAN T. LANTRY PART 46M Justice ---------------------------------------------------------------------------------X 159201/2023 INDEX NO. 159475/2024 DARIEL REALTY CORP., MOTION DATE 12/03/2025 Plaintiff, MOTION SEQ. NO. 001 -- against – NEW CHINATOWN RESTAURANT, ZHIJIE JIANG d/b/a 89 NEW CHINATOWN RESTAURANT and DECISION + ORDER ON ZHIJIE JIANG individually, NY FIRETECH, INC., MOTION EDUARDO CASTRO, EDUARDO CASTRO d/b/a PROFESSIONAL CLEANING FIRE PREVENTION, 159201/2023 CO., (Action No. 1) Defendants.

---------------------------------------------------------------------------------X NEW CHINATOWN RESTAURANT, ZHIJIE JIANG d/b/a 89 NEW CHINATOWN RESTAURANT and ZHIJIE JIANG individually, Third-Party Plaintiffs, -- against – NY FIRETECH, INC., EDUARDO CASTRO, EDUARDO CASTRO d/b/a PROFESSIONAL CLEANING FIRE PREVENTION, CO., and SUMWIN HEATING AND COOLING, INC., Third-Party Defendants.

---------------------------------------------------------------------------------X UTICA FIRST INSURANCE COMPANY as subrogee of ZHIJIE JIANG d/b/a 89 NEW CHINATOWN 159475/2024 RESTAURANT and THE D FOOD INC d/b/a ROYAL (Action No. 2) FRIED CHICKEN,

159475/2024 UTICA FIRST INSURANCE COMPANY AS SUBROGEE OF ZHIJIE JIANG D/B/A 89 Page 1 of 4 NEW CHINATOWN RESTAURANT AND THE D FOOD INC D/B/A ROYAL FRIED CHICKEN vs. NY FIRETECH INC ET AL Motion No. 001

Plaintiff, -- against – NY FIRETECH INC, EDUARDO CASTRO, EDUARDO CASTRO d/b/a PROFESSIONAL CLEANING FIRE PREVENTION CO. and SUMWIN HEATING & COOLING INC, Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 were read on this motion to/for JUDGMENT - DEFAULT .

Plaintiff UTICA FIRST INSURANCE COMPANY (hereinafter “UTICA”) moves for a default judgment pursuant to CPLR § 3215 against Defendant SUMWIN HEATING & COOLING INC (hereinafter “SUMWIN”) for failure to appear or otherwise respond to the Complaint.

A plaintiff moving for default judgment must establish proper service on defendant, defendant's default, and the facts constituting the plaintiff’s claims. See CPLR § 3215(f).

Here, UTICA has established proper service upon SUMWIN by serving a copy of the summons and verified complaint upon the New York Secretary of State on or about December 17, 2024 (see NYSCEF Doc. No. 28). SUMWIN has failed to appear or answer, and the time to do so has expired. As such, SUMWIN is in default of this proceeding.

By virtue of a defendant’s default, the defendant is “deemed to have admitted all factual allegations contained in the complaint and all reasonable inferences that flow from them” and the issue of liability is thus determined as a matter of law (see Paez v 1610 Saint Nicholas Ave. L.P., 113 AD3d 523 [1st Dept 2014]). UTICA has sufficiently proven the facts constituting its claim for default judgment against SUMWIN through the affirmation of Nicholas K. Neonakis, Esq. and the exhibits annexed thereto (see NYSCEF Doc. Numbers 16-31).

159475/2024 UTICA FIRST INSURANCE COMPANY AS SUBROGEE OF ZHIJIE JIANG D/B/A 89 Page 2 of 4 NEW CHINATOWN RESTAURANT AND THE D FOOD INC D/B/A ROYAL FRIED CHICKEN vs. NY FIRETECH INC ET AL Motion No. 001

Finally, the UTICA has satisfied its notice requirements pursuant to CPLR 3215(g) in effectuating additional service of the summons by first class mail upon SUMWIN at its last known address on or about March 20, 2025 and June 27, 2025 (see NYSCEF Doc. Numbers 29 and 30).

Accordingly, it is ORDERED that the motion by Plaintiff UTICA for a default judgment pursuant to CPLR § 3215 against Defendant SUMWIN is granted, without opposition; and it is further ORDERED that this matter shall be set down for an assessment of damages as against SUMWIN; and it is further ORDERED that UTICA may file a Notice of Issue/Notice of Inquest against SUMWIN; and it is further ORDERED that counsel for UTICA is directed to serve a copy of this Decision and Order with notice of entry within twenty days upon SUMWIN and upon the Clerk of the General Clerk's Office, who is directed, upon the filing of a Note of Issue/Notice of Inquest and a certificate of readiness and the payment of proper fees, if any, to place this action on the appropriate trial calendar for the assessment hereinabove directed, and it is further ORDERED that such service upon the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court's website at the address www.nycourts.gov/supctmanh).

159475/2024 UTICA FIRST INSURANCE COMPANY AS SUBROGEE OF ZHIJIE JIANG D/B/A 89 Page 3 of 4 NEW CHINATOWN RESTAURANT AND THE D FOOD INC D/B/A ROYAL FRIED CHICKEN vs. NY FIRETECH INC ET AL Motion No. 001

This constitutes the Decision and Order of the Court.

3/10/2026 DATE BRENDAN T. LANTRY, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

159475/2024 UTICA FIRST INSURANCE COMPANY AS SUBROGEE OF ZHIJIE JIANG D/B/A 89 Page 4 of 4 NEW CHINATOWN RESTAURANT AND THE D FOOD INC D/B/A ROYAL FRIED CHICKEN vs. NY FIRETECH INC ET AL Motion No. 001