YORK RE CAPITAL PARTNERS LLC v. BENUSSI (2025)

The following papers numbered 1 to 2 were read on this motion:

Paper Number

Notice of Motion, Affirmations and Exhibits 1

Memorandum of Law 2

Plaintiff brings its motion seeking an Order (1) granting a default judgment against defendant Michel Dorignac in the amount of $320,000 and/or an amount to be determined at an inquest together with interest; (2) appointing a guardian ad litem for defendant Ciro Desenzani Benussi who has defaulted but is believed to be incapable of defending himself in this action; and (3) reasonable attorneys’ fees, disbursements and costs of the action.

Plaintiff is a lender which made two loans relevant to this action. The first loan, in the amount of $150,000, was made to the corporate defendant and both individual defendants. The second loan, about six months later, was made only to defendant Ciro Desenzani Benussi. Plaintiff has submitted to the Court no evidence that defendant Dorignac is liable for the second, $170,000 loan. For this reason alone, the Court must deny the motion as to Dorignac.

The Court also notes that Dorignac acknowledged service of the summons and complaint at his residence in Florida (and then defaulted). Yet inexplicably, plaintiff only served this motion on Dorignac at a location in Pine Plains, New York, instead of at his Florida residence. For this reason as well, the Court denies the motion as to Dorignac.

As for the motion relating to Ciro Desenzani Benussi, plaintiff has stated that he (1) is in a coma; and (2) has been moved to Argentina by his family. Plaintiff has presented the Court with no legal authority that would allow the Court to grant plaintiff the relief it seeks over someone who is not in the jurisdiction. Moreover, according to the affidavits of service and the affirmation of Juana Socas, defendant was in a coma (presumably in Florida) before the first time that plaintiff attempted service on him in New York. When plaintiff served him in his hospital room in Florida, the affidavit of service states that defendant was in a coma. It thus appears that service was never effectuated on him. Accordingly, the Court denies the motion as to defendant Desenzani Benussi in its entirety.

Plaintiff shall send a copy of this Decision and Order to defendant Dorignac at all last known addresses, including those in New York and Florida, by overnight mail within two business days of receipt.

The foregoing constitutes the decision and order of the Court.¹

FOOTNOTES

1.   All other arguments raised on this motion and all materials submitted by the parties in connection therewith have been considered by this Court, notwithstanding the specific absence of reference thereto.

Linda S. Jamieson, J.