On October 11, 2013, a default judgment was issued by the Honorable Elizabeth Emerson of The Supreme Court of Suffolk County in the amount of $135,258.71 plus interest through the day of collection. The notice of default had been served on Mr. Meckel, the President Chairman and -- to the best of my knowledge -- sole shareholder of Marque Millennium.
Subsequently, a subpoena to take a deposition containing a restraining notice was served upon Marque on April 2nd of 2014 -- in fact, that notice with a restraining order was served on Bank of America on November 21st of 2013 with a copy to Mr. Meckel and Marque. A prior notice to take deposition was served on Marque for March 6, 2015.
On March 5th, I received a letter from Steven Pinks, an attorney in Hauppaugue, advising that his office had now been retained by Marque. He advised that Marque would not appear. He alleged that the notice for the deposition at my office at 317 Middle Country Road in Smithtown was an improper venue and they were not going to appear.
Thereafter on …show more content…
Pinks. "Dear Steve: I am in receipt of your letter dated September 21, 2015. In one letter, you advised me that you do not represent the Defendant and therefore service upon your office was improper." "I served notice upon the Defendant and I received a letter from you that your firm has been retained to represent the Defendant." You also stated that since he did not live or work in Suffolk County, he would not appear there for deposition. I noticed a deposition for New York City and, once again, you have advised that it is improper. You also stated because your offices never formally appeared, it is an improper notice for service. "Based upon your letter that you do represent Marque, I am deeming service upon you as