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Deutsch v. Augenstein

Plaintiff Granted a Default Judgment for Attorney's Breach of Two Loan Agreements

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61 were read on this motion to/for JUDGMENT — DEFAULT. In this action to recover on the unpaid balance on two loan agreements, plaintiff Joseph Deutsch moves, pursuant to CPLR 3215, for a default judgment against defendant David Augenstein on all six causes of action pled in the complaint and for an order of attachment. For the reasons set forth below, the motion is granted in part. Background In April 2021, defendant, an attorney licensed in New York, approached plaintiff about investing in a venture related to cryptocurrencies (NYSCEF Doc No. 2, complaint

3 and 6). When plaintiff declined to invest in the venture, defendant suggested that plaintiff loan him the funds instead (NYSCEF Doc No. 43, plaintiff aff, 4-6). Defendant promised to repay the loan on a short-term basis (NYSCEF Doc No. 2, 9). In the event defendant failed to repay the principal on the maturity date, defendant promised to pay plaintiff interest at 16 percent per annum along with the attorneys’ fees and expenses plaintiff incurred in collecting the unpaid amount (id.,

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