HOMANS ASSOCIATES II LLC v. COUNTY HEAT AC LLC (2025)

The following paper numbered 1 was read on this motion:

Paper Number

Notice of Motion, Affirmation and Exhibits 1

Plaintiff brings its motion seeking a default judgment against defendant Joseph Jensen (the “individual defendant”), and an inquest on damages. According to the complaint and the invoices submitted to the Court, plaintiff is owed $200,365.57 in unpaid materials supplied to the corporate defendant and guaranteed by the individual defendant.

Despite proper service of the summons and complaint, defendants failed to file an answer. However, plaintiff did not serve this motion on the individual defendant. Accordingly, the Court denies the motion, without prejudice. Plaintiff may file a new motion within 30 days of the date of receipt of this Decision and Order, serving it on defendants. Plaintiff shall also submit a proposed Order. Plaintiff shall send a copy of this Decision and Order to defendants by overnight mail within two business days of receipt.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.