State Farm Mut. Auto. Ins. Co. v. Treker Med. Supplies, Inc.

State Farm Mut. Auto. Ins. Co. v Treker Med. Supplies, Inc. 2026 NY Slip Op 30839(U) March 3, 2026 Supreme Court, New York County Docket Number: Index No. 653818/2025 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.6538182025.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:42 PM]

FILED: NEW YORK COUNTY CLERK 03/04/2026 10:17 AM INDEX NO. 653818/2025 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/03/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------------------X INDEX NO. 653818/2025 STATE FARM MUTUAL AUTOMOBILE INSURANCE MOTION DATE 12/09/2025 COMPANY, STATE FARM FIRE AND CASUAL TY COMPANY MOTION SEQ. NO. 001 Plaintiffs,

-v- DECISION + ORDER ON TREKER MEDICAL SUPPLIES, INC., MOTION

Defendant.

-------------------------------- X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 were read on this motion to/for JUDGMENT - DEFAULT

APPEARANCES:

Bennett, Bricklin & Saltzburg, LLC, New York, NY (Alexis Ray Garriga, Esq., of counsel), for plaintiff.

EMILY MORALES-MINERVA, J.S.C.

In this action seeking a declaratory judgment, plaintiffs

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and STATE FARM

FIRE AND CASUALTY COMPANY move, by notice of motion (sequence

number 001), pursuant to CPLR § 3215, for an order granting it a

default judgment against defendant TREKER MEDICAL SUPPLIES, INC.

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]"

653818/2025 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. TREKER Page 1 of4 MEDICAL SUPPLIES, INC. Motion No. 001

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FILED: NEW YORK COUNTY CLERK 03/04/2026 10:17 AM INDEX NO. 653818/2025 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/03/2026

(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, plaintiffs demonstrate its entitlement to entry of a

default judgment against defendant by submitting, among other

things, the affirmation of service (NYSCEF Doc. No. 4); the

affirmation of additional mailing (NYSCEF Doc. No. 12); the

appendix of claims (NYSCEF Doc. No. 11); the affirmation of

Brian Krolak, investigator for plaintiff (NYSCEF Doc. No. 13);

the affirmation of Ibiene J. Don-Pedro, claims support

supervisor for plaintiff (NYSCEF Doc. No. 14); the affirmation

of Lathonia Maloy, administrative services supervisor (NYSCEF

Doc. No. 14); affirmation of Jesse C. Martz, operation manager

of the service provider that picks up and presorts plaintiff's

mail (NYSCEF Doc. No. 14); and an attorney affirmation (NYSCEF

Doc. No. 12) (see CPLR § 3215 [f]; see also Licurgo-Villar v

653818/2025 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. TREKER Page 2 of 4 MEDICAL SUPPLIES, INC. Motion No. 001

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FILED: NEW YORK COUNTY CLERK 03/04/2026 10:17 AM INDEX NO. 653818/2025 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/03/2026

Samouha, 227 AD3d 619, 620 [1st Dept 2024]; Guzetti v City of

New York, 32 AD3d 234 [1st Dept 2006]).

Accordingly, it is hereby

ORDERED that plaintiffs' STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY and STATE FARM FIRE AND CASUALTY COMPANY

motion (seq. no. 001) for a default judgment against defendant

TREKER MEDICAL SUPPLIES, INC. is granted; it is further

ORDERED that the Clerk of Court is directed to enter

judgment in favor of plaintiffs STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY and STATE FARM FIRE AND CASUALTY COMPANY and

against defendant TREKER MEDICAL SUPPLIES, INC.; it is further

ORDERED and ADJUDGED that plaintiffs STATE FARM MUTUAL

AUTOMOBILE INSURANCE COMPANY and STATE FARM FIRE AND CASUALTY

COMPANY are not obligated to honor or pay any of the claims

submitted by defendant TREKER MEDICAL SUPPLIES, INC. listed in

the appendix of claims (NYSCEF Doc. No. 02); it is further

ORDERED that, within twenty days from the date of this

decision and order, plaintiffs shall serve a copy of this order,

with notice of entry, on defendant, as well as on the Clerk of

the Court, who shall enter judgment accordingly; and it is

further

ORDERED that the Clerk of Court shall mark the file

accordingly.

653818/2025 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. TREKER Page 3 of 4 MEDICAL SUPPLIES, INC. Motion No. 001

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FILED: NEW YORK COUNTY CLERK 03/04/2026 10:17 AM INDEX NO. 653818/2025 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/03/2026

3/3/2026 DATE

~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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