Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Anxi Floor Solutions Inc. et al

Filing 44

DEFAULT JUDGMENT: NOW, on the motion of Virginia & Ambinder, LLP, attorneys for Plaintiffs, it is hereby: ORDERED, ADJUDICATED, and DECREED that Plaintiffs, have judgment, jointly and severally, against ANXI FLOOR SOLUTIONS INC., with its principal place of business at 81-18 101 Avenue, Ozone Park, New York 11417 and C.M.D. FLOOR COVERING, INC., with its principal place of business at 81-18 101 Avenue, Ozone Park, New York 11417, as follows: 1. Declaring that C.M.D. Floor Covering, Inc. is t he alter ego of Defendant Anxi Floor Solutions Inc. and/or that both Defendants constitute a single employer and that C.M.D. Floor Covering, Inc., is bound to the CBAs for the same period of time and to the same extent as Anxi Floor Solutions Inc, thus rendering Anxi Floor Solutions Inc., and C.M.D. Floor Covering, Inc., jointly and severally liable for each other's obligations arising under the CBAs (See Complaint Paragraph 18-33); 2. Awarding a judgment in favor of Plaintiffs and agai nst Defendants, jointly and severally, in the amount of $196,473.70, representing: the principal deficiency contained in the Estimated 2018-2020 Audit of $139,583.96, interest thereon through January 11, 2023 in the amount of $28,972 .95, and liquidated damages of $27,916.79; 3. Awarding interest owed on the foregoing principal amounts from January 12, 2023 through the date of judgment; 4. Awarding a judgment in favor of Plaintiffs and against Defendants, jointly and sever ally, in the amount of $10,562.39, representing all reasonable attorneys' fees and costs incurred in this action; 5. Ordering Defendant C.M.D. Floor Covering, Inc. to submit its books and records to the Funds for an audit covering May 4, 2016 through the present, within 30 days of the entry of the order for the purposes of determining whether C.M.D. Floor Covering, Inc., complied with its obligation to remit benefit contributions to the Funds; 6. Allowing the Funds 30 days from th e completion of the audit of C.M.D. FloorCovering, Inc., to submit further evidence to the Court regarding damages identified as a result of the audit of C.M.D. Floor Covering, Inc's, books and records from May 4, 2016 through the present; and 7. Awarding the Funds post-judgment interest at the statutory rate. (Signed by Judge Mary Kay Vyskocil on 5/18/2023) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/18/2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TRUSTEES OF THE NEW YORK CITY DISTRICT
COUNCIL OF CARPENTERS PENSION FUND,
WELFARE
FUND,
ANNUITY
FUND,
and 22 CV 3631 (MKV)
APPRENTICESHIP, JOURNEYMAN RETRAINING,
EDUCATIONAL AND INDUSTRY FUND, TRUSTEES
OF THE NEW YORK CITY CARPENTERS RELIEF AND
CHARITY
FUND,
and
THE
CARPENTER
CONTRACTOR ALLIANCE OF METROPOLITAN NEW DEFAULT JUDGMENT
YORK,
Plaintiffs,
-againstANXI FLOOR SOLUTIONS INC. and C.M.D. FLOOR
COVERING, INC,
Defendants.

The Complaint in this action was duly served on Defendant Anxi Floor Solutions Inc. on
May 5, 2022, by serving Sue Zouky, an authorized person in the Corporation Division of the
Department of State, as evidenced by the affidavit of service on file with the Court (ECF Doc. No.
8). On June 10, 2022, with said Defendant having failed to appear in this matter, the Clerk of the
Court entered a Certificate of Default noting the default of Defendant Anxi Floor Solutions Inc.
(ECF Doc. No. 14). The Complaint was duly served on Defendant C.M.D. Floor Covering, Inc.
on December 7, 2022, by serving Amy Lesch, an authorized person in the Corporation Division
of the Department of State, as evidenced by the affidavit of service on file with the Court (ECF
Doc. No. 27). On January 5, 2023, with said Defendant having failed to appear in this matter, a
certificate of default was issued as to Defendant C.M.D. Floor Covering, Inc. (ECF Doc. No. 34).
Accordingly, the Complaint in this action having been duly served on the above-named
Defendants ANXI FLOOR SOLUTIONS INC. and C.M.D. FLOOR COVERING, INC., and said

Defendants having failed to appear in this matter, and said default having been duly noted, and
upon the annexed Declaration of Adrianna R Grancio, Esq. with corresponding exhibits,
Declaration of William Davidian, with corresponding exhibits, and Memorandum of Law, the
Statement of Damages, Proposed Order to Show Cause, and all pleadings and papers heretofore
had herein;
NOW, on the motion of Virginia & Ambinder, LLP, attorneys for Plaintiffs, it is hereby:
ORDERED, ADJUDICATED, and DECREED that Plaintiffs, have judgment, jointly and
severally, against ANXI FLOOR SOLUTIONS INC., with its principal place of business at 81-18
101 Avenue, Ozone Park, New York 11417 and C.M.D. FLOOR COVERING, INC., with its
principal place of business at 81-18 101 Avenue, Ozone Park, New York 11417, as follows:
1. Declaring that C.M.D. Floor Covering, Inc. is the alter ego of Defendant Anxi Floor
Solutions Inc. and/or that both Defendants constitute a single employer and that
C.M.D. Floor Covering, Inc., is bound to the CBAs for the same period of time and
to the same extent as Anxi Floor Solutions Inc, thus rendering Anxi Floor Solutions
Inc., and C.M.D. Floor Covering, Inc., jointly and severally liable for each other’s
obligations arising under the CBAs (See Complaint ¶¶ 18-33);
2. Awarding a judgment in favor of Plaintiffs and against Defendants, jointly and
severally, in the amount of $196,473.70, representing: the principal deficiency
contained in the Estimated 2018-2020 Audit of $139,583.96, interest thereon
through January 11, 2023 in the amount of $28,972.95, and liquidated damages of
$27,916.79;
3. Awarding interest owed on the foregoing principal amounts from January 12, 2023
through the date of judgment;
4. Awarding a judgment in favor of Plaintiffs and against Defendants, jointly and
severally, in the amount of $10,562.39, representing all reasonable attorneys’ fees
and costs incurred in this action;
5. Ordering Defendant C.M.D. Floor Covering, Inc. to submit its books and records
to the Funds for an audit covering May 4, 2016 through the present, within 30 days
of the entry of the order for the purposes of determining whether C.M.D. Floor
Covering, Inc., complied with its obligation to remit benefit contributions to the
Funds;

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6. Allowing the Funds 30 days from the completion of the audit of C.M.D. Floor
Covering, Inc., to submit further evidence to the Court regarding damages
identified as a result of the audit of C.M.D. Floor Covering, Inc’s, books and
records from May 4, 2016 through the present; and
7. Awarding the Funds post-judgment interest at the statutory rate.
_________________________________
Hon. Mary Kay Vyskocil, U.S.D.J.
This document was entered on the docket on
5/18/2023
__________________________________.

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