FILED: NEW YORK COUNTY CLERK 01/04/2019 10:50 AM
`FILED: NEW YORK COUNTY CLERK 01m2019 10:50 1
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`NYSCEF DOC. NO. 14
`NYSCEF DOC. NO. 14
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`INDEX NO. 654143/2018
`INDEX NO- 654143/2018
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`R«.C«.IV«.D \IYSCEF: 01/04/2019
`RECEIVED NYSCEF: 01/04/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`NEW YORK COUNTY
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`PRESENT:
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`HON. ARTHUR F. ENGORON
`Justice
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`PART
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`IAS MOTION 37EFM
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`"""""""""""""""""""""""""""""""""""""""""""""""X
`CAROLYN RUSIN.
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`Plaintiff,
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`- V -
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`INDEX NO.
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`654143/2018
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`MOTION DATE
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`09/27/2018
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`MOTION SEQ. NO.
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`001
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`MANNA MADISON AVENUE LLC, MANNA LEXINGTON AVENUE
`LLC, MANNA PARC 61 LLC, MAMEXICANA LLC, MAMERICANA
`92 LLC, and WEST D a P LLC, W
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`Defendants.
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`_________________________________________________________________________________x
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`The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 8, 9, 10, 11, 12,
`13
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`were read on this motion to/for
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`JUDGMENT - SUMMARY IN LIEU OF
`COMPLAINT
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`Upon the foregoing documents, plaintiff‘s motion for summaryjudgment in lieu of complaint is
`granted.
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`On August 20, 2018, pursuant to CPLR 3213, plaintiff Carolyn Rusin (“Rusin”) commenced this
`action to recover the sum of $255,000, plus interest, costs and disbursements, due on a
`promissory note given to Rusin by non-party Paola Pedrignani and guaranteed by defendants
`Manna Madison Avenue LLC, Manna Lexington Avenue LLC, Manna Parc 61 LLC,
`Mamexicana LLC, Mamericana 92 LLC, and West D & P LLC (collectively “Defendants”), by
`filing a summons with notice of motion for summaryjudgment in lieu of complaint. Rusin
`supported the motion by, m Lia, the promissory note; the guaranty; and Rusin’s own affidavit
`attesting to the terms of the promissory note and guaranty and Defendants’ default thereunder.
`On September 5, 2018, Rusin caused the summons and motion to be served upon Defendants by
`serving Paola Pedrignani, manager of each Defendant, making each Defendants answer due on
`or before September 25, 2018, twenty days after Defendants were served. E CPLR 31 1-a; 320.
`Defendants have failed to answer, appear, or oppose the motion and their time to do so has
`expired.
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`Rusin has demonstrated entitlement to summary judgment in lieu ofcomplaint against
`Defendants in the sum of $255,000, plus interest from April 6, 2018, plus costs and
`disbursements. CPLR 3213. Rusin has made out her prima facie case by submitting: (1) the
`promissory note, which is an instrument for the payment of money only; (2) the guaranty, which
`is an instrument for the payment of money only; and (3) Rusin’s affidavit attesting to
`Defendants’ default. & Blumenstein v Waspit Org, Inc., 140 AD3d 620, 620 (1Sl Dept 2016)
`(“Plaintiff established his entitlement to summary judgment in lieu of complaint by submitting a
`promissory note executed by defendants and proof ofdefendants' failure to make payments
`according to its terms”); SCP (Bermuda) Inc. v Dgerngudatel Ltd., 224 AD2d 214, 216 (1St Dept
`1 of 2
`GRA1AQI9n1R DIIQIM PADAI VLI u.- “Inn” unnucnu Aucuuu- .
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`FILED: NEW YORK COUNTY CLERK 01/04/2019 10:50 AM
`FILED: NEW YORK COUNTY CLERK 01m2019 10:50 ‘
`
`NYSCEF DOC. No.14
`NYSCEF DOC. NO. 14
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`INDEX NO. 654143/2018
`INDEX NO- 654143/2018
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`R«.C«.IV«.D \IYSCEF: 01/04/2019
`RECEIVED NYSCEF: 01/04/2019
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`\
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`1996) (“In order to qualify for CPLR 3213 treatment, plaintiff must be able to establish a prima
`facie case by proof of the agreement and a failure to make the payments called for thereunder”).
`Accordingly, Rusin’s motion for summary judgment in lieu of complaint is granted.
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`Conclusion
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`Motion granted. The Clerk is hereby directed to enterjudgment in favor of plaintiff Carolyn
`Rusin and against Defendants Manna Madison Avenue LLC; Manna Lexington Avenue LLC;
`Manna Fare 61 LLC; Mamexicana LLC; Mamericana 92 LLC; and West D & P LLC, jointly and
`severally, in the sum of $255,000, plus statutory interest from April 6, 2018, plus costs and
`disbursements.
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`'
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`1/2/2019
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`DATE
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`CHECK ONE:
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`APPLICATION:
`CHECK IF APPROPRIATE:
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`fl
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`CASE DISPOSED
`GRANTED
`SETTLE ORDER
`INCLUDES TRANSFER/REASSIGN
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`El DENIED
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`ARTHUR F. ENGORON, J.S.C.
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`.
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`NON-FINAL DISPOSITION
`GRANTED IN PART
`SUBMIT ORDER
`FIDUCIARY APPOINTMENT D REFERENCE
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`B OTHER
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`2 of 2
`65414312018 RUSIN, CAROLYN vs. MANNA MADisorQAwafluE LLC
`Mnfinn Mn 001
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`Page 2 of 2
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