ISTA Holding Co., Inc. v. Next Vanity, LLC

2026 NY Slip Op 30836(U)

• Court: New York Supreme Court, New York County
• Decided: March 4, 2026
• Docket: Index No. 651225/2024
• Status: Unpublished
• Author: Emily Morales-Minerva

Opinion

ISTA Holding Co., Inc. v Next Vanity, LLC 2026 NY Slip Op 30836(U) March 4, 2026 Supreme Court, New York County Docket Number: Index No. 651225/2024 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.6512252024.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:42 PM] FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------X INDEX NO. 651225/2024 ISTA HOLDING CO., INC., MOTION DATE 12/12/2025 Plaintiff, MOTION SEQ. NO. 001 - V.

NEXT VANITY, LLC D/8/A NEXT VANITY SALON, LLC, DECISION + ORDER ON CHIOMA VALCOURT MOTION Defendants. -------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 14, 15, 16, 17, 18, 19,20,21 were read on this motion to/for JUDGMENT - DEFAULT

APPEARANCES:

The Nathanson Law Firm LLP, Garden City, NY (Mitchell Aaron Nathanson, Esq., of counsel), for plaintiff.

EMILY MORALES-MINERVA, J.S.C.

In this action for breach of a commercial lease agreement

and breach of a personal guaranty, plaintiff ISTA HOLDING CO.,

INC. (plaintiff) moves, pursuant to CPLR § 3215, for an order

granting it leave to enter a default judgment against defendants

NEXT VANITY, LLC D/B/A NEXT VANITY SALON, LLC and CHIOMA

VALCOURT (defendants) in the amount of $447,147.19, plus

attorneys' fees in the amount of $134,144.15.

Defendants do not appear or submit opposition to the

motion (sequence number 01).

651225/2024 ISTA HOLDING CO., INC. vs. NEXT VANITY, LLC ET AL Page 1 of4 Motion No. 001

[* 1] 1 of 4 FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026

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]"

(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, plaintiff does not demonstrate its entitlement to

entry of a default judgment against either defendant. Plaintiff

did not appropriately serve defendant CHIOMA VALCOURT (see New

York State Court Electronic Filing System [NYSCEF] Doc. No. 05,

affidavit of service; see also Everbank v Kelly, 203 AD3d 138,

147 [2d Dept 2022] ["[t]he process server must perform a proper

inquiry to determine the defendant's actual place of business,

dwelling place, or usual place of abode, which under CPLR § 308

must be correct"]).

651225/2024 ISTA HOLDING CO., INC. vs. NEXT VANITY, LLC ET AL Page 2of4 Motion No. 001

[* 2] 2 of 4 FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026

Further, while plaintiff submits sufficient proof of

service of the summons and complaint upon defendant NEXT VANITY,

LLC D/B/A NEXT VANITY SALON, LLC (see NYSCEF Doc. No. 06,

affidavit of service), plaintiff fails to submit sufficient

proof of an additional mailing in compliance with CPLR § 3215

(g) (4) (ii) (see CPLR § 3215 [g] [4] [i] ["When a default

judgment based upon non-appearance is sought against a domestic

[] corporation which has been served pursuant to (Business

Corporation Law§ 306 [b]) ,an affidavit shall be submitted that

an additional service of the summons by first class mail has

been made upon the defendant corporation at its last known

address at least twenty days before the entry of judgment"]; see

also NYSCEF Doc. No. 10, attorney's affirmation).

Accordingly, it is hereby

ORDERED that plaintiff's motion (seq. no. 001), pursuant to

CPLR § 3215, for a default judgment, is dismissed without

prejudice; it is further

ORDERED that, within fifteen days from the date of this

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

with notice of entry, upon defendants; it is further

ORDERED that plaintiff shall bring a renewed default

judgment motion within 90 days from the date of this decision

and order; and it is further

651225/2024 ISTA HOLDING CO., INC. vs. NEXT VANITY, LLC ET AL Page 3 of 4 Motion No. 001

[* 3] 3 of 4 FILED: NEW YORK COUNTY CLERK 03/04/2026 04:32 PM INDEX NO. 651225/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/04/2026

ORDERED that the Clerk of Court shall mark the file

accordingly.

3/4/2026 DATE

~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED 0 DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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