The Trust opposes Potts’ motion on both procedural and substantive grounds, andit cross-movesfor partial summary judgment againstPotts in the sum of $22,161.18, representing $7,100 in unpaid principal, together with interest, liquidated damages and collection costs (see NYSCEFDoc No, 1331 [“MazzottaAfE”], 93 & Wherefore clauses),

In a Decision & Order datedAugust 11, 2021 (see NYSCEF Doc No. 765, reported at 72 Misc 3d 1217[A], 2021 NY Slip Op 50787[U] [Sup Ct, Albany County 2021]), the Court denied entry of default judgments due to the Trust’s use of an unauthorized method of service ofprocess.

is ‘in wind-down modeandtrying to meet its obligations under the [WCL],’ and its inability to re-commencethis action would potentially shift the cost of workers’ compensation coverage to otherself-insured employers and, ultimately, to the State ofNew York (Higgs Aff, ] 56)” (Reargument Decision, 74 Misc 3d at 394).

stay above the critical eighteen (18) months’ average cash mark required by the WCB’s Letter No. 5, to pay the workers’ compensation claims and medical bills of the Trust’s injured employee claimants on a timely basis, and to avoid insolvency and a takeover by... the WCB.

Underthe circumstances, the Court declines to render an awardofinterest, liquidated damages or counsel fees against Potts, leavinghis liability to the Trust fixed at $7,100, representing the outstanding principal balance due under the Deficit Assessment.?

This assumption of truth is inapplicable, however, to legal conclusions couched as factual allegations or to "[tjhreadbare recitals of the elements of a cause of action, supported by mere conclusory statements."

That is, although a complaint need not contain detailed factual allegations, "a plaintiffs obligation to provide the 'grounds' of his "entitlement to relief requires more than labels and conclusions, and a formulate recitation of the elements of a cause of action will not do."

This is consistent with the purpose of such immunity, which is to "embolden careglvers, permitting them to administer certain encouraged forms of care (listed COVID "countermeasures") with the assurance that they will not face liability for having done so."

Dec. 19, 2022) (finding claims of failure to follow proper standard of care were not covered by PREP Act where plaintiff did not allege administration or use of countermeasure somehow caused decedent's death).

Nothing in the language of the PREP Act suggests that a manufacturer is immune from suit brought by the buyer in a commercial breach of contract dispute over the quality of goods sold.

Index No.: 908373-19 Plaintiff, the Contractors Compensation Trust ("Plaintiff" or the "Trust"), a NewYork workers' compensation group self-insurance trust, filed a Summonsand Verified Complaint (the "Complaint") with the Supreme Court, Albany County on December 3, 2019 (the "Complaint") (NYSCEF Doc. No.: Guichay Corp. ("East Hampton"); (iii) LA Life Paving, Inc. (i) East Hampton 1), which was duly served on the following Defendants: (ii) FXRConstruction, Inc. d/b/a Dev Construction

and (iv) Mountain View Builders, LLC("Mountain View") ("LA Life"); assessments levied (collectively "Defendants") for, inter alia, failing to pay their respective deficit by the Trust.

OnMarch 21, 2024, Plaintiff movedfor a default Doc. Nos.: 1244 - 1254), their failure for Court conference(s) pursuant to comply with their discovery to Uniform Civil Rule 202.27(9NYCRR 202.27(a)) judgement against Defendants (NYSCEF obligations or appear at (the "Motion") following the notice provided by the Court in its Letter Order of October 27, 2023 (the "Order").

Upon all the pleadings, papers and proceedings heretofore the motion of E. Stewart Jones, Hacker Murphy LLP (n/k/a is now hereby; attorneys for Plaintiff, it judgment is granted; and it is further had herein, including Hacker Murphy, LLP), ThomasJ.

Higgs, Esq. of counsel, ORDERED,that Plaintiff's motion for a default ORDERED,that Plaintiff recover the following pro rata amounts, and liquidated damages, from Defendants as follows: Total Dollars Default in $57,046.74 Defendant East HamptonGuichay Corp. FXRConstruction, Inc. d/b/a Dev Construction LA Life Paving, Inc. Mountain View Builders,