Crestmark v. Cabrera Delandestoy ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CRESTMARK, a division of METABANK, NATIONAL ASSOCIATION, Civil Action No.: 22 Civ. 2253 (LGS) Plaintiff, -against- -[PROPOSED] DEFAULT JUDGMENT EILLIEN LORENA CABRERA DELANDESTOY and AY-AY TELCO MANAGEMENT SERVICES, LLC, Defendants. This Action having been commenced on March 18, 2022 by the filing of the Summons and Complaint; and a copy of the Summons and Complaint having been served on Defendant AY-AY Telco Management Services, LLC (“AY-AY Telco”) on March 25, 2022, by personal service on AY-AY Telco’s registered agent, Eillien Lorena Cabrera DeLandestoy (“Cabrera DeLandestoy”); and service being accepted by Cabrera DeLandestoy on behalf of AY-AY Telco; and Proof of Service having been filed on July 14, 2022, and AY-AY Telco not having answered the Complaint; and the time for answering the Complaint having expired, it is hereby: ORDERED, ADJUDGED AND DECREED: That Plaintiff Crestmark, a division of MetaBank, N.A. have judgment against AY-AY Telco in the liquidated amount of $6,164,777.47. The operative complaint alleges claims of fraud, conversion, monies had ant August 31, 2022 received, violations of the N.Y. Debt. & Cred. Law and civil conspiracy agains Dated: Futy-----;-2022 Defendants AY-AY Telco and Eillien Lorena Cabrera DeLandestoy. The Comp New York, New York sufficiently pleads these claims to establish liability as a matter of law. See ( New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011) (“[A] district court is required to determine whether the plaintiff's allegations establish the defendant's liability as a matter of law.”). The complaint adequately alleges that Defendant AY-AY Telco withdrew Crestmark’s loan advances to Silver B from Teleescrow Account 175306471 and converted those loan advances for its own use and that those withdrawals were not permitted by the agreement entered into by Teleescrow and Crestmark; nor were 1 withdrawals permitted by the loan documents entered into by Crestmark and Silver Birch. The Clerk of Court is respectfully directed to enter judgment in favor of Plaintiff in the amount of $6,164,777.47 and to close the case. oY