In Gonzalez v. Grove House Inc., No. 153665/2022, 2023 WL 1880165 (N.Y. Sup Ct, New York County Feb. 03, 2023), an employment discrimination case, the court granted plaintiff’s motion for a default judgment.
From the decision:
Plaintiff has satisfied CPLR 3215(f) by providing an affidavit executed by Plaintiff explaining the facts of her claim (NYSCEF Doc. 6). While this affidavit was executed in Oviedo, Spain, and does not contain a certificate of conformity as required by CPLR 2309(c), the First Department has repeatedly held that the lack of a certificate of conformity is not fatal and can be remedied at a later time (see Charnov v New York City Board of Education, 171 AD3d 409, 410 [1st Dept 2019]; American Cas. Co. of Reading, Pennsylvania v Motivated Security Sec. Servs, Inc., 148 AD3d 521, 521 [1st Dept 2017]; Moccia v Carrier Car Rental, Inc., 40 AD3d 504, 504-505 [1st Dept 2007]).
Finally, Defendant has failed to appear despite service of the summons via Secretary of State and first-class mail, as well as an additional mailing of notice of default (NYSCEF Docs. 7-9, 11). As the requirements of CPLR ยง 3215 have been met and there is no opposition, Plaintiff’s motion for default judgment is granted on her first through eighth causes of action.
The court did, however, deny plaintiff’s motion for default judgment on her cause of action purporting to be for punitive damages, since “[i]t is well established that a claim for punitive damages may not be maintained as a separate cause of action.”