FILED: PUTNAM COUNTY CLERK 10/14/2021 03:33 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 500614/2021
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`RECEIVED NYSCEF: 10/14/2021
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`Plaintiff,
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`INDEX No. 500614/2021
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`AFFIRMATION IN SUPPORT
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF PUTNAM
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`AKUILA GOGO & GJERGJI GOGO
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`-against-
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`HARRY M. ISOKANE AND THE REVOCABLE TRUST
`OF HARRY M. ISOKANE
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`Defendants,
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`1.
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`Steven Glassberg, an attorney duly admitted to practice law in the Courts of the State of New
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`York, affirms the truth of the following under the penalties of perjury:
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`2.
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`I am the principal of the firm Glassberg & Associates, LLC, attorneys for plaintiffs, and as such,
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`am fully familiar with the facts and circumstances of this action as revealed to me by the file
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`maintained by this office.
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`3.
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`This Affirmation is made in support of Plaintiffs’ Motion for a Default Judgment against the
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`defendants in this action for failure to appear or answer plaintiffs’ Summons and Verified
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`Complaint within the time permitted by law.
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`4.
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`This action seeks payment for damages incurred by Plaintiffs in a real estate transaction and for
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`breach of contract.
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`5.
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`In April 2015, Plaintiffs and Defendant Harry M. Isokane (hereinafter ”Isokane”) entered into a
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`contract of sale for the purchase of real property (hereinafter “Contract”) wherein Plaintiffs were
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`to purchase from Isokane, and Isokane was to sell to Plaintiffs, the real property located at 791
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`Union Valley Road, Carmel, NY (hereinafter “791”).
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`6.
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`The Contract was negotiated without the assistance of attorneys. Exhibit “C”, attached hereto, is
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`1 of 4
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`NYSCEF DOC. NO. 6
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`INDEX NO. 500614/2021
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`RECEIVED NYSCEF: 10/14/2021
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`Plaintiff,
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`INDEX No. 500614/2021
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`
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`AFFIRMATION IN SUPPORT
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`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF PUTNAM
`-------------------------------------------------------------------X
`AKUILA GOGO & GJERGJI GOGO
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`-against-
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`HARRY M. ISOKANE AND THE REVOCABLE TRUST
`OF HARRY M. ISOKANE
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`Defendants,
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`-------------------------------------------------------------------X
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`1.
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`Steven Glassberg, an attorney duly admitted to practice law in the Courts of the State of New
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`York, affirms the truth of the following under the penalties of perjury:
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`2.
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`I am the principal of the firm Glassberg & Associates, LLC, attorneys for plaintiffs, and as such,
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`am fully familiar with the facts and circumstances of this action as revealed to me by the file
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`maintained by this office.
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`3.
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`This Affirmation is made in support of Plaintiffs’ Motion for a Default Judgment against the
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`defendants in this action for failure to appear or answer plaintiffs’ Summons and Verified
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`Complaint within the time permitted by law.
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`4.
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`This action seeks payment for damages incurred by Plaintiffs in a real estate transaction and for
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`breach of contract.
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`5.
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`In April 2015, Plaintiffs and Defendant Harry M. Isokane (hereinafter ”Isokane”) entered into a
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`contract of sale for the purchase of real property (hereinafter “Contract”) wherein Plaintiffs were
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`to purchase from Isokane, and Isokane was to sell to Plaintiffs, the real property located at 791
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`Union Valley Road, Carmel, NY (hereinafter “791”).
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`6.
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`The Contract was negotiated without the assistance of attorneys. Exhibit “C”, attached hereto, is
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`1 of 4
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`FILED: PUTNAM COUNTY CLERK 10/14/2021 03:33 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 500614/2021
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`RECEIVED NYSCEF: 10/14/2021
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`the Contract between Plaintiffs and Isokane.
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`7.
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`Subsequent to the Contract being negotiated, Isokane retained an attorney and unilaterally
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`terminated the Contract with Plaintiffs.
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`8.
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`As a result of Isokane terminating the Contract, Plaintiffs brought an action against Isokane in
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`the Supreme Court of The State of New York, County of Putnam, with the caption AKUILA
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`SMAJLAJ & GJERGI GOGO v HARRY M. ISOKANE, and the Index Number 1543 / 2015
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`(“The 2015 lawsuit”).
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`9.
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`The 2015 Lawsuit was resolved with by stipulation between the parties. The terms of the
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`stipulation were without prejudice and subject to certain enumerated terms transcribed in a
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`agreement before a Notary Public made on or about June 1, 2016 ( hereinafter “2015
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`settlement”). The 2015 Settlement and Stipulation of Discontinuance are attached hereto as
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`Exhibit “E”.
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`10.
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`The terms of the 2015 settlement required Isokane to immediately put 791 up for sale and to pay
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`Plaintiffs $30,000.00 upon the sale of 791.
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`11.
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`Both parties were represented by attorneys in the 2015 lawsuit, which was ultimately
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`discontinued, See Exhibit “E”. The Summons and Complaint for the 2015 lawsuit and a related
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`lis pendens filed are attached hereto as Exhibit “D”.
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`12.
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`Despite being contractually obligated to, as a result of the 2015 settlement, Isokane did not put
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`791 up for sale.
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`13.
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`Rather, Isolkane transferred 791 to Defendant, The Revocable Trust Of Harry M. Isokane
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`(hereinafter “Trust”). Trust is, upon information and belief, a trust set up for the benefit of
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`Isokane, of which Isokane is the Trustee and Beneficiary. A Quitclaim Deed, transferring 791
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`2 of 4
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`FILED: PUTNAM COUNTY CLERK 10/14/2021 03:33 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 500614/2021
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`RECEIVED NYSCEF: 10/14/2021
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`from Isokane to Trust is attached hereto as Exhibit “F”.
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`14.
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`Upon the transfer of 791 from Isokane to Trust, Isokane was to remit $30,000.00 to Plaintiffs,
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`pursuant to the terms of the 2015 settlement. Isokane did not remit $30,000.00 to Plaintiffs.
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`15.
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`Plaintiffs, in anticipation of their purchase of 791, and at their own cost and expense, upgraded
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`the electrical and plumbing in 791 and cleaned up 791.
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`16.
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`As a result of the actions of defendants Isokane and Trust, Plaintiffs have been damaged in the
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`amount of $30,000.00, plus prejudgment interest and the cost of cleaning and upgrading 791.
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`17.
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`A Summons and Verified Complaint was filed on May 3, 2021. It was served upon defendant on
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`June 21, 2021. A copy of the Affidavit of Service is attached hereto as Exhibit “B”. A copy of
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`the Summons and Complaint is attached hereto as Exhibit “A”.
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`18.
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`Defendant has failed to join issue, causing an unnecessary delay in the processing of this case.
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`19.
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`The delay of defendant has frustrated and prejudiced plaintiffs’ claim.
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`20.
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`Pursuant to CPLR 3215 (g)(3) and (4) additional service of the Summons and Complaint was
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`served upon defendant on June 22, 2021. See Exhibit “B”
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`21.
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`Plaintiff requests that the Court enter a default judgment against defendant and setting this matter
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`down to assess further damages suffered by Plaintiff.
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`22.
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`No previous request for this relief has been made.
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`W H E R E F O R E, it is respectfully requested that a default judgment against defendants be granted for
`their failure to answer or appear within the time prescribed by law, and that a judgment be entered
`against the Defendants and in favor of the Plaintiffs in the minimum amount of $30,000.00 together with
`such other, further, and different relief as this Court may deem just, proper and equitable.
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`3 of 4
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`FILED: PUTNAM COUNTY CLERK 10/14/2021 03:33 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 500614/2021
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`RECEIVED NYSCEF: 10/14/2021
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`Dated: Port Washington, New York
` October 14, 2021
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`Yours, etc.
`GLASSBERG & ASSOCIATES, LLC
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`By:
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`Steven Glassberg,
`Attorney for Plaintiffs
`8 Haven Ave, Suite 215
`Port Washington, NY 11050
`(516) 767 6711
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`4 of 4
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