Demeter Inv. Holdings v. J. Streicher Holdings, LLC, 2025 NY Slip Op 32316(U)

Demeter Investment Holdings (Plaintiff) lent J. Streicher Holdings LLC (Defendant) three sums of money under three separate promissory notes in 2023.
Demeter claimed Streicher defaulted by failing to pay interest and principal as required under the terms of the notes.
An earlier motion for summary judgment in lieu of complaint was denied without prejudice due to issues with service of process and insufficient proof of one note’s signature, but the moving papers became the Complaint.
Demeter properly re-served Streicher by personal service on its registered agent in Delaware after unsuccessful attempts in New York.
Streicher never appeared, responded, or contested the allegations, and the time to answer elapsed.
Demeter moved for default judgment for over $15.9 million (principal and interest), plus attorney’s fees and costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to Default Judgment	Streicher failed to respond or appear	No argument (defaulted)	Default judgment granted for failure to appear
Sufficiency of Service of Process	Service on registered agent in Delaware was proper	No argument (defaulted)	Service was proper, conferring jurisdiction
Proof of Amount Owed	Notes, wire confirmation, and affidavits submitted	No argument (defaulted)	Plaintiff proved principal, interest, and default
Attorney’s Fees and Costs	Notes entitle Demeter to fees and costs	No argument (defaulted)	Fees/costs granted, with documented submission due

FV-1, Inc. v. Reid, 31 N.Y.S.3d 119 (2d Dept. 2016) (affidavit of a process server is prima facie evidence of proper service)
Thomas v. Karen’s Body Beautiful, LLC, 152 N.Y.S.3d 565 (1st Dept. 2021) (elements for default judgment under CPLR § 3215)
Brandes Meat Corp. v. Cromer, 537 N.Y.S.2d 177 (2d Dept. 1989) (judicial notice of matters of public record allowed)