Greenburgh Shopping Center Associates, LLC v. Hwang

New York Southern District Court
Judge:	Philip M Halpern
Case #:	7:21-cv-10921
Nature of Suit	240 Real Property - Torts to Land
Cause	42:9613 Comp Environ Recovery Comp & Liability Act (CERCLA) - Civil Proceedings

Case Filed:	Dec 20, 2021
Terminated:	Nov 29, 2022

Docket
Parties (2)

Last checked: Saturday Jun 18, 2022 4:29 AM EDT

Defendant Youn Do Hwang 9 East Lawrence Park Drive #4 Piermont, NY 10968
Plaintiff Greenburgh Shopping Center Associates, LLC 110 West 34th Street New York, NY 10001	Represented By Robert Benjamin Weissman Saretsky Katz & Dranoff, LLP contact info

Docket last updated: 12 minutes ago

Wednesday, March 08, 2023
38		38 misc Proposed Abstract of Judgment Wed 03/08 1:53 PM PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-27441482. Abstract of Judgment to be Mailed by the Court. Document filed by Greenburgh Shopping Center Associates, LLC. Document Number of Related Judgment:36 ..(Weissman, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
		misc Abstract of Judgment Issued Wed 03/08 3:06 PM ABSTRACT OF JUDGMENT ISSUED on March 08, 2023. in favor of Plaintiff Greenburgh Shopping Center Associates, LLC and against Defendant Youn Do Hwang in the amount of $564,804.71. Abstract of Judgment Mailed by the Court..(nd) Related: [-]
Thursday, January 05, 2023
		misc Abstract of Judgment Issued Thu 01/05 2:53 PM ABSTRACT OF JUDGMENT ISSUED on January 5, 2023 in favor of Plaintiff and against Defendant in the amount of $564,804.71. Abstract of Judgment to be Mailed by the Court. (tp) Related: [-]
Wednesday, January 04, 2023
37		37 misc Proposed Abstract of Judgment Wed 01/04 4:32 PM PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-27160196. Abstract of Judgment to be Mailed by the Court. Document filed by Greenburgh Shopping Center Associates, LLC. Document Number of Related Judgment:36 ..(Weissman, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
Tuesday, November 29, 2022
36		36 order Judgment - Default ~Util - Add and Terminate Parties Tue 11/29 4:43 PM DEFAULT JUDGMENT IT IS HEREBY ORDERED AND ADJUDGED that Defendant Hwang Related [+] is liable to Plaintiff GSCA (having an address at 4 West Red Oak Lane, Suite 200, White Plains, New York 10604) in the amount of $564,804.71, inclusive of pre-judgment interest, attorney's fees and costs, and that GSCA have judgment against Defendant Hwang therefore; and IT IS HEREBY ORDERED AND ADJUDGED that Defendant Hwang is liable for all future remediation costs concerning the spill of perchloroethylene that occurred at 91 Knollwood Road, White Plains, New York on or about December 1, 2020 ("the Perc Spill"), and that Defendant Hwang is obligated to reimburse GSCA for any and all remediation expenses that GSCA may in the future incur, as a result of the Perc Spill and GSCA may, from time to time, after serving Defendant Hwang herein, submit supplemental judgments to the Court should additional unreimbursed remediation expenses and legal fees be incurred. SO ORDERED. Youn Do Hwang terminated. (Signed by Judge Philip M. Halpern on 11/29/2022) (jca) Related: [-] siding at 9 East Lawrence Park Drive, #4, Piermont, New York 10968
Wednesday, November 02, 2022
		order Order 1 - Terminate Hearings Wed 11/02 8:26 AM ORDER: The case management conference scheduled for 11/10/2022 at 11:00 a.m. is hereby adjourned sine die in light of the pending motion for default judgment. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (sbh) Related: [-]
Thursday, September 15, 2022
34		34 service Affidavit of Service Other Thu 09/15 11:31 AM AFFIDAVIT OF SERVICE of Order to Show Cause for Default Judgment and Supporting Documents served on Youn Do Hwang on 09/13/2022. Service was made by Mail. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Monday, September 12, 2022
33		33 2 pgs order Order to Show Cause Mon 09/12 12:47 PM ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF: It is hereby ORDERED that Defendant Youn Do Hwang individually, d/b/a "DebRich Cleaners", (Defendant Hwang) show cause before the Honorable Judge Phillip M. Halpern, United States District Court Judge, at Courtroom 520 of the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York, 10601, on the 14th day of November 2022 on submission only, no appearances, why an Order should not be issued pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure for entry of default judgment against Defendant Hwang, an award of damages in favor of GSCA and against Defendant Hwang and issuance of a declaratory judgment in favor of GSCA and against Defendant Hwang; and it is further ORDERED that service by Federal Express overnight delivery of a copy of this Order, together with the papers upon which it is based be served upon Defendant Hwang at his place of residence at 9 East Lawrence Park Drive, #4, Piermont, New York 10968 on or before September 16, 2022, and that such service be deemed good and sufficient; and it is further ORDERED that Defendant Hwang shall serve and file opposing papers, if any, on or before November 14 2022; and it is further ORDERED that Plaintiff shall file proof of the service of this Order to Show Cause and the papers upon which it is based by September 30, 2022. Defendant Hwang is advised that failure to respond to this Order to Show Cause may be grounds for the granting of a default judgment against him. The Clerk of Court is respectfully requested to terminate as a pending motion Doc. No. 27 which is a supporting affidavit improperly docketed as a motion. Show Cause Response due by 11/14/2022. (Signed by Judge Philip M. Halpern on 9/12/2022) (jca) Related: [-]
		misc Notice to Court Regarding Proposed Order Mon 09/12 12:06 PM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 26 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp) Related: [-]
		misc Notice to Court Regarding Proposed Order Mon 09/12 12:08 PM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 32 Proposed Default Judgment was reviewed and approved as to form. (tp) Related: [-]
Friday, September 09, 2022
32		32 misc Proposed Default Judgment Fri 09/09 11:54 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
31		31 29 pgs respm Memorandum of Law in Support of Motion Fri 09/09 11:52 PM MEMORANDUM OF LAW in Support re:27 MOTION for Default Judgment as to Defendant (Declaration of Robert B. Weissman . . Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
30		30 respm Declaration in Support of Motion Fri 09/09 11:51 PM DECLARATION of Henry Poyker in Support re:27 MOTION for Default Judgment as to Defendant (Declaration of Robert B. Weissman .. Document filed by Greenburgh Shopping Center Associates, LLC. (Attachments: #1 Exhibit 1 - Results of CA Rich Testing).(Weissman, Robert) Related: [-]
29		29 respm Declaration in Support of Motion Fri 09/09 11:49 PM DECLARATION of Thomas Tennyson in Support re:27 MOTION for Default Judgment as to Defendant (Declaration of Robert B. Weissman .. Document filed by Greenburgh Shopping Center Associates, LLC. (Attachments: #1 Exhibit 1 - Business Card for Marcelo - Defendant's Contractor, #2 Exhibit 2 - Photographs of Demolition Work Performed by Marcelo, and Wet Floor With Perc Spill).(Weissman, Robert) Related: [-]
28		28 respm Declaration in Support of Motion Fri 09/09 11:44 PM DECLARATION of Samuel Jemal in Support re:27 MOTION for Default Judgment as to Defendant (Declaration of Robert B. Weissman .. Document filed by Greenburgh Shopping Center Associates, LLC. (Attachments: #1 Exhibit 1 - Lease, #2 Exhibit 2 - Assignment and Assumption of Lease, #3 Exhibit 3 - First Lease Amendment, #4 Exhibit 4 - Second Lease Amendment, #5 Exhibit 5 - Emergi-Clean Remediation Invoices, #6 Exhibit 6 - CA Rich Remediation Invoices, #7 Exhibit 7 - Signed Contract for Continued Remediation by CA Rich, #8 Exhibit 8 - Chart Illustrating Calculation of Pre-Judgment Interest).(Weissman, Robert) Related: [-]
27		27 motion Default Judgment Fri 09/09 11:33 PM MOTION for Default Judgment as to Defendant (Declaration of Robert B. Weissman . Document filed by Greenburgh Shopping Center Associates, LLC. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Affidavit of Service of Summons and Complaint, #3 Exhibit 3 - Defendant's Answer, #4 Exhibit 4 - Judge Halpern's 6-22-22 Order Permitting Filing of OSC for Default Judgment, #5 Exhibit 5 - Clerk's Certificate of Default, #6 Exhibit 6 - Photograph of DebRich Storefront, #7 Exhibit 7 - Acord Certificate of Insurance, #8 Exhibit 8 - AM Trust Insurance Coverage Denial Letter, #9 Exhibit 9 - GSCA 12-13-21 Tender Letter to Defendant).(Weissman, Robert) Related: [-]
26		26 misc Proposed Order to Show Cause Without Emergency Relief Fri 09/09 11:20 PM PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Thursday, September 01, 2022
25		25 1 pgs order Order on Motion for Extension of Time Thu 09/01 5:36 PM ORDER granting24 LETTER MOTION for Extension of Time to file order to show cause for default judgment. Application granted. The time to file is extended to 9/9/2022. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/1/2022) (jca) Related: [-]
24		24 motion Extension of Time Thu 09/01 3:40 PM LETTER MOTION for Extension of Time to file order to show cause for default judgment addressed to Judge Philip M. Halpern from Robert B. Weissman dated 09/01/2022. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Wednesday, August 24, 2022
23		23 1 pgs order Order on Motion for Extension of Time to File Wed 08/24 5:32 PM ORDER granting22 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/242/2022) (rro) Related: [-]
22		22 motion Extension of Time to File Document Wed 08/24 3:35 PM LETTER MOTION for Extension of Time to File Order to Show Cause Seeking Default Judgment addressed to Judge Philip M. Halpern from Robert B. Weissman dated 8/24/22. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Wednesday, July 27, 2022
21		21 misc Clerk's Certificate of Default Wed 07/27 3:11 PM CLERK'S CERTIFICATE OF DEFAULT as to Youn Do Hwang.(km) Related: [-]
20		20 misc Proposed Clerk's Certificate of Default Wed 07/27 1:45 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/27/2022 (km) Related: [-]
19		19 respoth Declaration (non-motion) Wed 07/27 1:44 PM DECLARATION of Robert B. Weissman in Support of Application for Clerk's Certificate of Default . Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Wednesday, June 22, 2022
18		18 2 pgs order Order Wed 06/22 12:17 PM ORDER: Accordingly, Plaintiff is authorized to follow the procedures set forth in Attachment A to this Court's Individual Practices Related [+] for seeking a default judgment against Defendant, available at https://nysd.uscourts.gov/hon-philip-m-halpern. Plaintiff's proposed order to show cause and accompanying documents shall be filed by August 26, 2022. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Defendant. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/22/2022) (jca) Related: [-] v. May 2, 2022
Friday, June 10, 2022
17		17 misc Letter Fri 06/10 9:26 AM LETTER addressed to Judge Philip M. Halpern from Robert B. Weissman dated 06/10/2022 re: Defendant Pro Se's Failure to Participate in Litigation. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Tuesday, April 26, 2022
		misc Mail Order by USPS Tue 04/26 4:39 PM Mailed a copy of15 Case Management Plan,14 Order to Show Cause, to Youn Do Hwang 9 East Lawrence Park Drive #4 Piermont, NY 10968. (dsh) Related: [-]
Monday, April 25, 2022
16		16 service Affidavit of Service Other Mon 04/25 6:29 PM AFFIDAVIT OF SERVICE of PACER Documents 14 and 15 (Order to Show Cause and Signed Discovery Plan and Scheduling Order) served on Youn Do Hwang on 04/25/2022. Service was made by Mail. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
15		15 order Case Management Plan Mon 04/25 5:58 PM CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. � 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of the trial is 3-5 days. Non-expert depositions shall be completed by 7/22/2022. Motions due by 5/25/2022. Deposition due by 10/7/2022. Fact Discovery due by 8/23/2022. Expert Discovery due by 10/7/2022. Discovery due by 10/7/2022. Case Management Conference set for 11/10/2022 at 11:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 4/25/2022) (kv) Related: [-]
14		14 1 pgs order Order to Show Cause Mon 04/25 5:52 PM ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that Defendant show cause in writing on or before May 9, 2022, why he failed to appear at the April 25, 2022 conference. Defendant is warned that failure to comply with this Order may result in the issuance of a default judgment against him. Plaintiff's counsel is directed to mail a copy of the Civil Case Discovery Plan and Scheduling Order that will be separately docketed, as well as a copy of this Order, to Defendant, and file proof of such mailing. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Defendant. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/25/2022) (kv) Related: [-]
		minutes Pretrial Conference - Initial Mon 04/25 4:22 PM Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Telephone Conference held on 4/25/2022. Counsel for plaintiff appeared by telephone; defendant pro se did not appear. The civil case discovery plan and scheduling order and an order to show cause will be separately docketed. Plaintiffs counsel was directed to mail the orders to defendant. (fc) Related: [-]
Thursday, April 21, 2022
13		13 misc Letter Thu 04/21 9:53 AM LETTER addressed to Judge Philip M. Halpern from Robert B. Weissman dated 04/21/2022 re: Proposed Discovery Scheduling Order. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
12		12 misc Proposed Case Management Plan Thu 04/21 9:23 AM PROPOSED CASE MANAGEMENT PLAN. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Thursday, February 17, 2022
11		11 notice Notice of Hearing Thu 02/17 12:12 PM NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 4/25/2022 at 02:30 PM before Judge Philip M. Halpern..(jca) Related: [-]
10		10 1 pgs order Order on Motion to Show Cause Order on Motion to Dismiss Thu 02/17 12:08 PM ORDER terminating7 Motion for Order to Show Cause; terminating8 Motion to Dismiss. Despite their captions, in light of the substance of the pro se filings, the Court deems the documents, Doc. 7 and Doc. 8, together, to be Defendant's Answer to the Complaint. The Court will separately docket a Notice scheduling an Initial Pretrial Conference. The Clerk of Court is respectfully requested to: (1) terminate the motions pending at Doc. 7 and Doc. 8; (2) update the docket sheet to reflect the address of the pro se Defendant, Youn Do Hwang, as indicated in his Answer: 9 East Lawrence Park Drive, #4, Piermont, New York 10968; and (3) mail a copy of this Order to the pro se Defendant at that address. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/17/2022) (jca) Related: [-]
9		9 misc Letter Thu 02/17 10:59 AM LETTER addressed to Judge Philip M. Halpern from Robert B. Weissman dated 2/17/2022 re: Requesting Clarification or Conference Regarding Pro Se Defendant's Answer-Order to Show Cause-Motion to Dismiss. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
8		8 motion Dismiss Thu 02/17 9:25 AM MOTION to Dismiss. Document filed by Youn Do Hwang. (ok) Related: [-]
7		7 motion Show Cause Thu 02/17 9:24 AM MOTION for Order to Show Cause. Document filed by Youn Do Hwang. (ok) Related: [-]
		misc Transmission to Docket Assistant Clerk Thu 02/17 12:08 PM Transmission to Docket Assistant Clerk. Transmitted re:10 Order on Motion for Order to Show Cause to the Docket Assistant Clerk for case processing. (jca) Related: [-]
		misc Mail Order by USPS Thu 02/17 12:31 PM Mailed a copy of10 Order on Motion for Order to Show Cause, Order on Motion to Dismiss to Youn Do Hwang at 9 East Lawrence Park Drive, #4, Piermont, New York 10968. (kh) Related: [-]
Friday, January 28, 2022
6		6 service Affidavit of Service Complaints Fri 01/28 5:04 PM AFFIDAVIT OF SERVICE of Summons and Complaint,. Youn Do Hwang served on 1/15/2022, answer due 2/7/2022. Service was accepted by Fun Hee, Co-Tenant. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
Tuesday, December 21, 2021
5		5 service Summons Issued Tue 12/21 2:46 PM ELECTRONIC SUMMONS ISSUED as to Do Youn Hwang..(gp) Related: [-]
		misc Notice to Attorney Regarding Party Modification Tue 12/21 2:41 PM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Benjamin Weissman. The party information for the following party/parties has been modified: Do Youn Hwang. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (gp) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 12/21 2:45 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(gp) Related: [-]
		utility Case Designation Tue 12/21 2:45 PM Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (gp) Related: [-]
		utility Case Designated ECF Tue 12/21 2:46 PM Case Designated ECF. (gp) Related: [-]
Monday, December 20, 2021
4		4 misc Rule 7.1 Corporate Disclosure Statement Mon 12/20 8:11 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
3		3 misc Civil Cover Sheet Mon 12/20 7:58 PM CIVIL COVER SHEET filed..(Weissman, Robert) Related: [-]
2		2 service Request for Issuance of Summons Mon 12/20 7:39 PM REQUEST FOR ISSUANCE OF SUMMONS as to Youn Do Hwang individually, d/b/a "Debrich Cleaners", re:1 Complaint,. Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
1		1 cmp Complaint Mon 12/20 7:25 PM COMPLAINT against Youn Do Hwang individually, d/b/a "Debrich Cleaners". (Filing Fee $ 402.00, Receipt Number ANYSDC-25494786)Document filed by Greenburgh Shopping Center Associates, LLC..(Weissman, Robert) Related: [-]
		Att: 1 Exhibit A - Lease,
		Att: 2 Exhibit B - Assignment of Lease,
		Att: 3 Exhibit C - First Lease Amendment,
		Att: 4 Exhibit D - Second Lease Amendment

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