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ISTA Holding Co., Inc. v. Next Vanity, LLC
ISTA Holding Co., Inc. v Next Vanity, LLC 2026 NY Slip Op 30836(U) March 4, 2026 Supreme Court, New York County Docket Number: Index No. 651225/2024 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6512252024.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:42 PM]
FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------X INDEX NO. 651225/2024 ISTA HOLDING CO., INC., MOTION DATE 12/12/2025 Plaintiff, MOTION SEQ. NO. 001 - V.
NEXT VANITY, LLC D/8/A NEXT VANITY SALON, LLC, DECISION + ORDER ON CHIOMA VALCOURT MOTION Defendants. -------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 14, 15, 16, 17, 18, 19,20,21 were read on this motion to/for JUDGMENT - DEFAULT
APPEARANCES:
The Nathanson Law Firm LLP, Garden City, NY (Mitchell Aaron Nathanson, Esq., of counsel), for plaintiff.
EMILY MORALES-MINERVA, J.S.C.
In this action for breach of a commercial lease agreement
and breach of a personal guaranty, plaintiff ISTA HOLDING CO.,
INC. (plaintiff) moves, pursuant to CPLR § 3215, for an order
granting it leave to enter a default judgment against defendants
NEXT VANITY, LLC D/B/A NEXT VANITY SALON, LLC and CHIOMA
VALCOURT (defendants) in the amount of $447,147.19, plus
attorneys' fees in the amount of $134,144.15.
Defendants do not appear or submit opposition to the
motion (sequence number 01).
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FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026
When a defendant fails "to appear, plead or proceed to
trial of an action reached and called for trial, or when the
court orders a dismissal for any other neglect to proceed, the
plaintiff may seek a default judgment against [the defendant]"
(CPLR § 3215 [a]). To establish entitlement to a default
judgment, plaintiff must file (1) proof it served defendant with
the summons and complaint, and (2) "proof of the facts
constituting the claim, the default, and the amount due . by
affidavit made by the party" (see CPLR § 3215 [f]; see also
Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003]
[providing that "an applicant for a default judgment [must] file
'proof by affidavit made by the party of the facts constituting
the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc.,
198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60
[1st Dept 1994]).
Here, plaintiff does not demonstrate its entitlement to
entry of a default judgment against either defendant. Plaintiff
did not appropriately serve defendant CHIOMA VALCOURT (see New
York State Court Electronic Filing System [NYSCEF] Doc. No. 05,
affidavit of service; see also Everbank v Kelly, 203 AD3d 138,
147 [2d Dept 2022] ["[t]he process server must perform a proper
inquiry to determine the defendant's actual place of business,
dwelling place, or usual place of abode, which under CPLR § 308
must be correct"]).
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FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026
Further, while plaintiff submits sufficient proof of
service of the summons and complaint upon defendant NEXT VANITY,
LLC D/B/A NEXT VANITY SALON, LLC (see NYSCEF Doc. No. 06,
affidavit of service), plaintiff fails to submit sufficient
proof of an additional mailing in compliance with CPLR § 3215
(g) (4) (ii) (see CPLR § 3215 [g] [4] [i] ["When a default
judgment based upon non-appearance is sought against a domestic
[] corporation which has been served pursuant to (Business
Corporation Law§ 306 [b]) ,an affidavit shall be submitted that
an additional service of the summons by first class mail has
been made upon the defendant corporation at its last known
address at least twenty days before the entry of judgment"]; see
also NYSCEF Doc. No. 10, attorney's affirmation).
Accordingly, it is hereby
ORDERED that plaintiff's motion (seq. no. 001), pursuant to
CPLR § 3215, for a default judgment, is dismissed without
prejudice; it is further
ORDERED that, within fifteen days from the date of this
decision and order, plaintiff shall serve a copy of this order,
with notice of entry, upon defendants; it is further
ORDERED that plaintiff shall bring a renewed default
judgment motion within 90 days from the date of this decision
and order; and it is further
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FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026
ORDERED that the Clerk of Court shall mark the file
accordingly.
3/4/2026 DATE
~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED 0 DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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