This case was cited in an Alexi research memo. View this document on Fastcase.

Alexi provides high quality, AI powered research on-demand for legal professionals. New to our platform? See what our technology can do with some free instant memos just for signing up.


Rubin v. Islamic Republic Iran, 2017 NY Slip Op 31876(U) (N.Y. Sup. Ct. 2017)

2017 NY Slip Op 31876(U)

JENNY RUBIN, DEBORAH RUBIN, DANIEL MILLER, ABRAHAM MENDELSON,
STUART HERSH, RENAY FRYM, NOAM ROZENMAN,
ELENA ROZENMAN, TZVI ROZENMAN Plaintiffs,
v.
THE ISLAMIC REPUBLIC OF IRAN, THE IRANIAN MINISTRY OF INFORMATION AND SECURITY,
AYATOLLAH ALI HOSEINI KHAMENEI,
ALI AKBAR HASHEMI-RAFSANJANI, ALI FALLAHIAN-KHUZESTANI, Defendants.

INDEX NO. 156937/2013

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART 2

September 6, 2017

NYSCEF DOC. NO. 26

PRESENT: HON. KATHRYN E. FREED Justice

MOTION DATE 8/1/2017

MOTION SEQ. NO. 001

DECISION AND ORDER

The following e-filed documents, listed by NYSCEF document number 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25

were read on this application to/for Judgment - Default.

        In this action to renew certain judgments pursuant to CPLR 5014 (1), plaintiffs now move, by order to show cause, for leave to enter a default judgment. Plaintiffs' papers have successfully established "proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing." Atlantic Cas. Ins. Co. v RJNJ Servs. Inc., 89 AD3d 649, 651 (2d Dept 2011); see CPLR 3215 (a). They are thus entitled to a default judgment and renewal of their judgments against defendants.

        Accordingly, it is hereby:

Page 2

        ORDERED that plaintiffs' motion for a default judgment against defendants is granted, and plaintiffs are entitled to renewal of the judgments reflected in the Judgement Docket Control numbers 001792034-01 through 001792034-99; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Jenny Rubin against all defendants, jointly and severally, for compensatory damages in the amount of $7 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Daniel Miller against all defendants, jointly and severally, for compensatory damages in the amount of $12 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Abraham Mendelson against all defendants, jointly and severally, for compensatory damages in the amount of $12 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Stuart Hersh against all defendants, jointly and severally, for compensatory damages in the

Page 3

amount of $12 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Noam Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $15 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Deborah Rubin against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Renay Frym against all defendants, jointly and severally, for compensatory damages in the amount of $6 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Elena Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further

Page 4

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of plaintiff Tzvi Rozenman against all defendants, jointly and severally, for compensatory damages in the amount of $2.5 million, together with interest at the statutory rate from September 10, 2003; and it is further

        ORDERED that the Clerk is directed to enter a renewal judgment in favor of all plaintiffs against all defendants, jointly and severally, for punitive damages in the amount of $37 million, together with interest at the statutory rate from September 10, 2003.

        This constitutes the decision and order of the court.

9/6/2017
        DATE

        /s/_________
        KATHRYN E. FREED, J.S.C.