arrow left
arrow right
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
  • Sefcu v. Steven BalacSpecial Proceedings - Other (Replevin - Seizure) document preview
						
                                

Preview

FILED: SARATOGA COUNTY CLERK 07/07/2022 11:29 AM INDEX NO. EF20221485 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/07/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA SEFCU, AFFIDAVIT Plaintiff, -against- Index No. STEVEN BALAC, . Defendant. STATE OF NEW YORK ) ) ss: COUNTY OF ALBANY ) Jennie Frank, being duly sworn, deposes and says as follows, that: 1. I am the Vice President of Loss Mitigation for SEFCU, the plaintiff herein. 2. I make thisaffidavit in support of the annexed order to show cause as part of this action to restrain the defendant from disposing of or using the chattel described herein and to recover possession of said chattel. 3. I make this affidavit based upon information regarding the vehicle made available to the defendant, and the subsequent breach of contract, that iswithin my possession in the nature of books and records maintained by the plaintiff during the regular course of business, itbeing the regular course of plaintiffs business to maintain such books and records. 4. Upon information and belief, on or about May 15, 2019, Matthew M. Sicko purchased a 2019 Suzuki LT-A750XPZL9 King Quad ATV, VIN # 5SADW11elK7102520, from Seymour's Motorized Sports, Inc. To pay for that vehicle, Matthew M. Sicko signed a Loan and Security Agreements and Disclosure Statement, pursuant to which he borrowed from the plaintiff the sum of $8,832.66, and promised to repay the plaintiff that sum together with 1 of 5 FILED: SARATOGA COUNTY CLERK 07/07/2022 11:29 AM INDEX NO. EF20221485 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/07/2022 interest at the rate of 6.29% in 60 monthly installments, for a total of $10,341.65. A copy of the "A" contract is annexed hereto as Exhibit and made a part hereof. 5. Pursuant to the Loan and Security Agreements and Disclosure Statement, the plaintiff was granted, and has a valid lien on the above referenced motor vehicle, properly perfected with the New York State Department of State. (See Exhibit "A"). 6. Subsequent to the execution of the contract and pursuant to itsterms, the chattel in question was delivered to Matthew M. Sicko, thereby placing same under the control of and in the possession of him. 7. Matthew M. Sicko failed to comply with the terms and conditions thereof and defaulted under the Loan and Security Agreements and Disclosure Statement by failing to pay the monthly installment due on January 28, 2020, and failing to make subsequent payments. 8. Pursuant to the Loan and Security Agreements and Disclosure Statement, and its perfected lien,upon the default the plaintiff became entitled to immediate possession of the motor vehicle. 9. Upon information and belief, the above referenced motor vehicle was delivered to the defendant by or on behalf of Matthew M. Sicko, who thereafter delivered itto the defendant, Steven Balac. 10. The plaintiff has attempted to repossess the motor vehicle, having retained Legacy Recovery & Remarketing Services LLC (hereinafter, "Legacy Recovery) to do so, but the defendant, Balac, is affirmatively preventing the plaintiff from doing so peaceably. 11. By reason of the foregoing, and in accordance with the terms of the Loan and Security Agreements and Disclosure Statement, the plaintiff is entitled to the immediate possession of the motor vehicle. 2 2 of 5 FILED: SARATOGA COUNTY CLERK 07/07/2022 11:29 AM INDEX NO. EF20221485 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/07/2022 12. Upon information and belief, the said chattel has an approximate value of $9,000.00 in itspresent condition. This is only an estimate because the plaintiff has been unable to inspect the property to determine itscurrent condition. 13. The defendant herein is in possession of and wrongfully detains from the plaintiffthe above described chattel. 14. Prior to the commencement of this action, formal demands were made upon the defendant for the possession of said chattel on behalf of the plaintiff, but the defendant refuses to deliver the same, and stillrefuses to do so. . 15. Pursuant to the terms of the Loan and Security Agreement and Disclosure Statement, and as reflected in the complaint to be served in connection with thisproceeding, the plaintiff has been damaged in the sum of $7,952.07, plus contract interest at the rate of 6.29% from September 23, 2021 through the date of judgment, together with statutory interest thereafter, and the fees, costs and disbursements incurred herein, said sum representing damages attributable to the wrongful detention of the chattel by the defendant based upon the balance due pursuant to the Loan and Security Agreements and Disclosure Statement. 16. The summons and complaint herein will be served upon the defendant, together with the order to show cause that is sought herein. Copies of the summons and complaint are attached "B," hereto and marked Exhibit collectively. 17. Upon information and belief, based on the investigation by Legacy Recovery and as more fully set forth in the accompanying affidavit of Patrick Dunleavy, the president of Legacy Recovery, the plaintiff has probable cause to believe that the chattel is located at 38 San Luis Road, Gansevoort, New York 12831. 3 3 of 5 FILED: SARATOGA COUNTY CLERK 07/07/2022 11:29 AM INDEX NO. EF20221485 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/07/2022 18. As far as plaintiff is aware, defendant has no defense to the claim or cause of action set forth herein on behalf of the plaintiff. 19. Plaintiff seeks the inclusion in the order of seizure of a provision authorizing the Sheriff of Saratoga County, or such other County in which the vehicle is located, to break open, enter and search for the chattel in the place where the chattel may be, as described above, with the exception of a dwelling house. 20. An order to show cause is sought herein because: (a) Time is of the essence to the protection of plaintiffs rights in order to minimize the loss of itscollateral through the normal course and daily use of same by the defendant; (b) The motion for a preliminary injunction should be heard and determined as soon as possible. (c) A temporary restraining order is sought. 21. No other provisional remedy pursuant to Section 6001 or Section 7102 of the Civil Practice Law and Rules has beeri obtained or sought in this action against the defendant. 22. No prior application for this or similar relief has been made to any court or Judge. 23. According to the investigation by Legacy Recovery, the last known residence of the defendant is 38 San Luis Road, Gansevoort, New York 12831. It isbelieved that this isthe address at which process can be served upon the defendant. WHEREFORE plaintiff respectfully prays for the annexed order to show cause and that a preliminary injunction be granted as stated in the order to show cause submitted herewith, and that pending the hearing and determination of the said motion, a temporary restraining order be granted as specified in the said order to show cause. 4 4 of 5 FILED: SARATOGA COUNTY CLERK 07/07/2022 11:29 AM INDEX NO. EF20221485 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/07/2022 Jef rank Sworn to before me this 1/ day of , 2022 Notary Public, State ofNew York ESTHER A. FARRON Notary Public, State ofNew York Qualified in Rensselaer County Reg. No, 4747115 My Commission Expims Certificate of Compliance I hereby certify, pursuant to Uniform Civil Rules Section 202.8-b, that the total number of words in the annexed Affirmation of Gary A. Lefkowitz, Esq. inclusive of headings and footnotes and exclusive of the caption and signature block is 1053 as calculated by the word processing program used to prepare this document, and this document is therefore in compliance with the applicable word count limit. Dated: 2..I LuA-.., 2022 GARY ELEFKOWIT SQ. ESmER FAR N Public,Sti e New Yost Notary Qualified in Renss aerCounty 4- Reg. No. 5 Exp' My Commission 5 5 of 5