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Decided on January 18, 2007
Supreme Court, Nassau County

6871/06
COUNSEL FOR PLAINTIFF Paykin, Greenblatt, Lesser & Krieg, LLP 185 Madison Avenue - 10th Floor New York, New York 10016 COUNSEL FOR DEFENDANT NO APPEARANCE Leonard B. Austin, J.
The following papers were read on Plaintiff's motion for leave to enter a default judgment against Defendants:
Notice of Motion dated October 18, 2006;
Affidavit of Ronald S. Tucker sworn to on October 5, 2006;
Affirmation of James Klatsky, Esq. dated September 28, 2006.
Plaintiff Tucker Family Trust ("Trust") moves for leave to enter a default judgment against the Defendants. [*2]
BACKGROUND
On November 16, 2005, Trust agreed to sell 100,000 shares of Commodore International Corp. for $1.50 per share. The agreement was confirmed in by e-mail sent by Ron Tucker ("Tucker"), settlor of Trust, to Phil Kerewich ("Kerewich") on November 16, 2005. Kerewich is alleged to be Defendant Terence Taylor's brother-in-law. Terence Taylor ("Taylor") is alleged to be the principal officer, director and shareholder of Defendant Tomahawk Trading Corp. ("Tomahawk").
On November 17, 2005, Kerewich sent an e-mail to Tucker indicating the stock was to be transferred to Tomahawk Trading Corporation, Pension Financial, DTCNo. xxxx, Benefit of Tomahawk Trading Corp. Acct# xxxxxxxx".
In response to that e-mail, Tucker sent Kerewich an e-mail containing instructions for wiring the funds to purchase the stock.
On November 21, Tucker directed Commodore's transfer agent to transfer the stock to Tomahawk. On December 3, 2005, the stock was transferred to Tomahawk.
Although the stock has been transferred to Tomahawk, Trust has not received the agreed payment for the shares.
Trust commenced this action seeking to recover the purchase price of the stock $150,000 from
DISCUSSION
CPLR 3215 permits a party to obtain a default judgment against a defendant who defaults in appearance. An application for leave to enter a default judgment must be supported by proof of service of the summons and complaint, an affidavit made by a person with actual knowledge of the facts surrounding the claim and proof of the default. CPLR 3215(f). See, Siegel, New York Practice 4th

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