City of New York v. Zhili Chen

2024 NY Slip Op 33555(U)

• Court: New York Supreme Court, New York County
• Decided: October 7, 2024
• Docket: Index No. 451275/2023
• Status: Unpublished

Opinion

City of New York v Zhili Chen 2024 NY Slip Op 33555(U) October 7, 2024 Supreme Court, New York County Docket Number: Index No. 451275/2023 Judge: Judy H. Kim 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. INDEX NO. 451275/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/07/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JUDY H. KIM PART 04 Justice ---------------------------------------------------------------------------------X INDEX NO. 451275/2023 THE CITY OF NEW YORK, THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, MOTION DATE 08/30/2023

Plaintiffs, MOTION SEQ. NO. 001

-v- DECISION + ORDER ON ZHILI CHEN, MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 were read on this motion to/for JUDGMENT - DEFAULT .

Upon the foregoing documents, plaintiffs’ motion for a default judgment is granted.

Plaintiffs bring this action pursuant to New York City Administrative Code §19-506,

alleging that defendant, Zhili Chen, the owner of a 2011 White Ford Van bearing Vehicle

Identification Number 1FDWE3FL8BDA29834, violated Administrative Code §19-506(b)(1) on

three occasions within a thirty-six-month period. To wit, defendant pled guilty to two violations

of this provision, on May 26, 2022 and October 3, 2022, respectively, and was found guilty of a

third violation on December 6, 2022, after a hearing before the New York City Office of

Administrative Trials and Hearings (“OATH”), which determination was affirmed on appeal.

Defendant having failed to answer, plaintiff now moves for a default judgment on its

complaint. Defendant opposes the motion, submitting a notarized letter from East Buffet and

Restaurant stating “[t]his is to verify that Zhili Chen picked up 13 customers from our restaurant

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at 2:30 pm on December 06 2022 and drove them to Brooklyn. They arrived at 773 59 Street,

Brooklyn NY 11220 at 3:20 pm the same day” (NYSCEF Doc. No. 24). In reply, plaintiffs argue

that, to the extent defendant’s opposition is intended to rebut OATH’s determination that defendant

was operating his vehicle as a taxicab, this argument was properly made before OATH and is

precluded now, as a matter of collateral estoppel.

DISCUSSION

To establish their entitlement to a default judgment pursuant to CPLR 3215, plaintiffs are

required to submit proof of: (1) service of the summons and complaint; (2) the facts constituting

the claim; and (3) defendant's default in answering or appearing (See Gordon Law Firm, P.C. v

Premier DNA Corp., 165 NYS3d 691 [1st Dept 2022]).

Plaintiffs have established proper service through a Sheriff’s Certificate of Service of

personal delivery of the summons and complaint upon defendant (NYSCEF Doc. No. 3), proof

that defendant was given notice of the instant motion by mail to his mailing address (NYSCEF

Doc. No. 6), and proof that defendant is not on active duty in the armed forces of the United States

(NYSCEF Doc. No. 21).

Plaintiffs have also submitted proof of the facts constituting the claim. New York City

Administrative Code §19-506(b)(1) provides, as pertinent here, that it is unlawful to operate any

vehicle “as a taxicab, ... or for-hire vehicle in the city, without first having obtained or knowing

that another has obtained a license for such vehicle” and that if a vehicle owner is guilty of two or

more such violations within a thirty-sixth-month period, “the interest of such owner in any vehicle

used in the commission of any such second or subsequent violation shall be subject to forfeiture

upon notice and judicial determination” (Admin. Code §§19-506[b][1], [h][2]). Plaintiffs’

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submission of the two settlement agreements defendant entered into with the New York City Taxi

and Limousine Commission and OATH’s Notice of Decision dated December 20, 2022 (See

NYSCEF Doc. Nos. 9, 11, 14. 29), establish that plaintiff violated this statute on three occasions

in an eight-month period.

Accordingly, the burden shifted to defendant to “demonstrate a reasonable excuse for [his]

default and a meritorious defense” (PV Holding Corp. v AB Quality Health Supply Corp., 189

AD3d 645, 646-47 [1st Dept 2020] [internal citations omitted]), which he failed to do. Defendant

offers no excuse for his default in answering the complaint and his sole defense raised is, as

plaintiffs note, barred as a matter of collateral estoppel (See e.g, City of New York v Peters 2018

WL 3966572 [Sup Ct, NY County 2018]).

Accordingly, it is

ORDERED that the plaintiffs’ motion for default judgment is granted; and it is further

ORDERED and ADJUDGED that defendant Zhili Chen may not lawfully own and/or

possess the subject vehicle, the 2011 White Ford Van bearing Vehicle Identification Number

1FDWE3FL8BDA29834; and it is further

ORDERED and ADJUDGED that plaintiffs’ custody and retention of the subject vehicle

is both lawful and proper; and it is further

ORDERED and ADJUDGED that defendant’s right, title, and interest in the subject

vehicle are hereby forfeited pursuant to NYC Admin. Code §19-506(h) and further transferred to

plaintiffs to be disposed of according to law.

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This constitutes the decision and order of the Court.

10/7/2024 DATE HON. JUDY H. KIM, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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