Caterpillar Financial Services Corporation, Plaintiff, v. RMG (2025)

The following paper numbered 1 was read on this motion:

Paper Number

Notice of Motion, Affirmations and Exhibits 1

Plaintiff brings its motion seeking a default judgment against defendant in this collection matter involving a piece of heavy equipment. Despite having been served properly, defendant failed to answer the complaint or this motion.

When defendant failed to make the payments on the equipment, plaintiff repossessed it and sold it, netting $87,325. This leaves a balance of $31,767.23, plus costs of $11,581.96. Plaintiff lists the costs (asset recovery and transportation, repairs and storage, late fees, processing fee, lien search fee), but does not provide backup therefor. Nor does plaintiff provide evidence of attorneys' fees, although it requests them in this motion. The Court notes that when plaintiff filed a proposed default judgment with the County Clerk, it also filed an affirmation waiving attorneys' fees. This application was rejected by the County Clerk back in February for lacking an affidavit of facts and for sending the proof of additional mailing to an incorrect address, among other things.

There is no explanation for why plaintiff now seeks counsel fees. Accordingly, the Court denies plaintiff's request for counsel fees and subtracts the late charges and processing fee from the costs requested above. Plaintiff shall submit a proposed Judgment to the Judgment Clerk, with notice by overnight mail to defendant, in the amount of $42,198.85, plus interest at the statutory rate from the date of entry of this Decision and Order. Plaintiff shall send a copy of this Decision and Order to defendant, at its last known address, by overnight mail within two business days of receipt.

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

Dated: August 18, 2025

White Plains, New York

HON. LINDA S. JAMIESON, J.S.C.

Justice of the Supreme Court

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.