Global Operations Sec. Servs. Inc. v. Trivino

2026 NY Slip Op 30827(U)

• Court: New York Supreme Court, New York County
• Decided: March 3, 2026
• Docket: Index No. 161468/2024
• Status: Unpublished
• Author: Matthew V. Grieco

Opinion

Global Operations Sec. Servs. Inc. v Trivino 2026 NY Slip Op 30827(U) March 3, 2026 Supreme Court, New York County Docket Number: Index No. 161468/2024 Judge: Matthew V. Grieco 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.1614682024.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:40 PM] !FILED: NEW YORK COUNTY CLERK 03/05/2026 03:44 P~ INDEX NO. 161468/2024 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/05/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MATTHEW V. GRIECO PART 30M Justice ---------------------------------------------------------------------------------X INDEX NO. 161468/2024 GLOBAL OPERATIONS SECURITY SERVICES INC. NK/A MOTION DATE 09/13/2025 GLOBAL OPERATIONS NK/A GLOBAL OPS,

Plaintiff, MOTION SEQ. NO. 001

- V - DECISION + ORDER ON GILMER TRIVINO, ALFONSO GUERRERO MOTION Defendant. --------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 were read on this motion to/for JUDGMENT - DEFAULT

Upon the foregoing documents, and for the reasons stated infra, plaintiffs

motion for a default judgment is granted as to liability only.

On December 6, 2024, plaintiff Global Operations Security Services Inc. a/k/a

Global Operations a/k/a Global Ops, commenced this action by filing a summons with

notice, alleging that defendants, Gilmer Alberto Trivino and Alfonso Guadalupe Vargas

Guerrero had converted $1,463,927.71 of plaintiffs funds (NYSCEF Doc. No. 1).

On September 11, 2025, plaintiff moved for a default judgment pursuant to CPLR

3215 against both defendants (NYSCEF Doc. Nos. 6-7). To date, neither defendant has

answered or appeared.

A plaintiff seeking default judgment against a non-appearing defendant must

move within one year of the default (see CPLR 3215[c]), and file proof of: (1) service of

the summons and complaint, or summons with notice; (2) the facts constituting the

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claim; and (3) the default (see CPLR 3215[[]; Bigio v Gooding, 213 AD3d 480, 481 [1st

Dept 2023]).

To establish the "facts constituting the claim," the movant need only demonstrate

"enough facts to enable a court to determine that a viable cause of action exists"

(Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]), which can be effected by

affidavit of a party or by verified complaint, if one has been properly served (see id. at

70; CPLR 3215[[]). The "standard of proof is not stringent, amounting only to some

firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st Dept 1987]).

Where a sum certain is sought, the movant must also establish the amount due

(see CPLR 3215[f]; Chase Manhattan Bank (Natl. Assn.) v Evergreen Steel Corp., 91

AD2d 539 [1st Dept 1982]).

Here, plaintiff has established proper service on both defendants pursuant to

CPLR 308(4), "nail and mail," including an affidavit of non-military service (see Matter

of Petre v Lucia, 205 AD3d 438 [1 st Dept 2022]) (NYSCEF Doc. Nos. 2-5).

In support of the motion, plaintiff has submitted, inter alia, an affirmation from

Amit Levi, its executive vice president and general counsel, attesting to certain facts

upon personal knowledge or review of corporate books and records (NYSCEF Doc. No.

7). Plaintiff has also submitted screenshots, purportedly showing a text message

exchange between Levi and defendant Guerrero, in which Guerrero admits to some form

of "overpaid hours," which he promised to pay back (NYSCEF Doc. No. 10).

Plaintiff has sufficiently established that: defendant Trivino worked for it as a

bookkeeper from August 25, 2020 to December 19, 2021, and Guerrero as a security

guard from February 22, 2021 to December 26, 2021; both had access to company bank

accounts, payroll systems, and credits; and, working together, they forged company

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checks, made unauthorized credit card charges, created fictitious expenses, manipulated

payroll records, issued unauthorized payments to themselves and associates, and

falsified financial records to conceal their actions, to convert company funds.

No filings by either defendant appear in NYSCEF, and plaintiffs counsel affirms

that defendants have not answered or appeared in this action (NYSCEF Doc. No. 11).

Accordingly, plaintiff has met its burden under CPLR 3215(f) on liability on its

conversion claim (see Colavito v New York Organ Donor Network, Inc., 8 NY3d 43, 49-

50 [2006] ["A conversion takes place when someone, intentionally and without

authority, assumes or exercises control over personal property belonging to someone

else, interfering with that person's right of possession]).

As to damages, however, Levi merely states, without elaboration, that defendants

converted a total of $1,463,927.71 in company funds (NYSCEF Doc. No. 7 at 4-5).

Counsel, who lacks personal knowledge, provides slightly greater detail in breaking

down that number to $792,875.99 in unauthorized expenditures and $671,051.72 in

unauthorized wages (NYSCEF Doc. No. 11 at 2). No business records have been offered

on the motion. Plaintiff has not put forth enough proof regarding the claimed amount

due (see JPMorgan Chase Bank, NA v Horsfield, 227 AD3d 790 [2d Dept 2024]), and

the matter is therefore referred to a special referee to conduct an inquest.

It is therefore

ORDERED that plaintiffs motion for default judgment is granted as to liability

against both defendants; and it is further

ORDERED that the amount of damages to be assessed as against defendants is

referred for determination pursuant to CPLR 3215(b) to a Special Referee, and that

within 60 days from the date of this order plaintiff shall cause a copy of this order with

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notice of entry, including proof of service thereof, to be filed with the Special Referee

clerk (Room 119M, 646-386-3028 or spref@nycourts.gov), to arrange a date for a

reference to determine pursuant to CPLR 4317(b); and it is further

ORDERED that pursuant to CPLR 3215(b) the Clerk is directed to enter

judgment in favor of plaintiff, and against defendants, in accordance with the report of

the Special Referee, without any further application.

This constitutes the decision and order of the Court.

3/3/2026 DATE MATTHEW V. GRIECO, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

APPLICATION:

CHECK IF APPROPRIATE: 8 GRANTED

SETTLE ORDER □ DENIED

INCLUDES TRANSFER/REASSIGN GRANTED IN PART

SUBMIT ORDER

FIDUCIARY APPOINTMENT □ OTHER

□ REFERENCE

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