Defendant Pro Se 99 Fort Salonga Road Fort Salonga, NewYork I 1768 Upon the e-filed documents uploaded to the NYSCEF system numbered -!/: it is 1RDERED that the unopposed motion by plaintiff for summary judgment in his favor, seeking leave to enter a default judgment against defendant, is granted; and it is oRDEREDthataninquestastoproofofdamagesandattomeyfeesisscheduledfor December 16,2024 at 11:30 a.m. at the Alan D. Oshrin Supreme court BuildinS I Court Street' Riverhead, New York 11901; and it is 1RDERED that plaintiff shall serve a copy of this order, togethel with a notice of inquest upon defendant by both first-class and certified mail retum receipt requested no later than 15 days aiier the date ofthis order, and shall file proof of service with the Clerk ofthe Court no later than 20 date of this order, the failure to comply with which shall cause an adjoumment by the auy.

This action was commenced by plaintiffRobert L. Reda to recover unpaid sums due on loans he made to defendant Matthew T. Cebulski pursuant to two promissory notes.

An affidavit ofservice established that defendant was personally served with the summons and motion in lieu of complaint on Juty 9.

2024. ,.Under GPLR 32',I3, when an action is based upon an instrument for the payment of money only[,] the plaintiff may serve with the summons a notice of motion for summary j udgment and the supporting papers in lieu of a com plaint" (Maksoud v Iskhakov,l 87 AD3d 1 167, 1 I 68, 134 NYS3d 91 l2d Dept 2020l [intemal punctuation omitted]).

In deciding the motion, the Court must view all evidence in the tight most favorable to the nonmoving party ( see Ortiz v Varsity Holdings, LLC,18 NY3d 335.

withdraws its Motion Sequence #001 filed on September 11, 2024 without prejudice.

that the Plaintiff, by and through its attorneys, hereby Dated: October 24, 2024 Westbury, NewYork Robertson, Anschutz, Partne Schneid, Crane & .

Oluwatobi Adedokun, Esq. for Plaintiff Attorneys 900 Merchants Concourse Westbury, NewYork 11590 Phone: 516.280.7675

of June 7, 2024 with default interest continuing thereafter, togetherwith attorney's fees, costs and disbursements.

judgmentin lieu of a complaint, plaintiffsubmitscopiesof:(i) the Affidavit of Service ofthe Summons and Notice of Motion upon thedefendantpursuant to CPLR §308(1); (ii) theNotes;and (iii)plaintiff'sAffidavitIn Support, sworn toon June 7, 2024,attesting to defendant’s executionoftheNotes in connection with loans-extended:to defendanton eachofthe stated dates, and attesting todefendant’s failure'to make-payments in accordance with thetermsof theNotes.

Plaintiff does not provide a calculation that would account for the difference and allowthe Court to determine that the amount sought is justified under the terms of the Notes.

Based upon the foregoing, it is ORDERED,that the motion for summaryjudgment in lieu ofa Complaint is dewied, without prejudice ta renewal on proper proof within sixty (60) days ofthe date hereof.

Anyrequests for relief net specifically addressed hereinare denied This constitutes the Decision and Order ofthis Court.