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FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM INDEX NO. E2022005064
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3129309
Book Page CIVIL
Return To: No. Pages: 7
KEVIN W. TOMPSETT
99 Garnsey Road Instrument: COMPLAINT
Pittsford, NY 14534
Control #: 202207080468
Index #: E2022005064
Date: 07/08/2022
ESL Federal Credit Union Time: 11:26:49 AM
Cornish, Chad M
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
ESL FEDERAL CREDIT UNION,
Plaintiff, VERIFIED COMPLAINT
vs. Index No.:
CHAD M. CORNISH,
Defendant.
The Plaintiff, ESL Federal Credit Union (“ESL” or “Plaintiff”), by and through its attorneys,
Harris Beach PLLC, as and for its Verified Complaint against Defendant Chad M. Cornish
(“Defendant”), alleges as follows:
1. Plaintiff at all times hereinafter mentioned was and is authorized to do business in
New York.
2. Upon information and belief, Defendant is an individual who resides at 114 Campfire
Road, Henrietta, New York 14467.
3. On or about April 19, 2018, Defendant entered into a Retail Installment Contract
(“Contract”) to purchase a used 2014 Dodge Challenger, VIN 2C3CDYBT5EH313544 (“Vehicle”).
The Defendant purchased the Vehicle from Auto Outlet of Wolcott. A copy of the Contract is
attached hereto as Exhibit “A”.
4. The Contract was assigned to Plaintiff pursuant to its terms.
5. Pursuant to the Contract, Defendant financed $27,760.52 of the purchase price, which
was to be paid in 72 monthly payments of $488.22 at 7.99% interest, for a total amount paid at the
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end of the Contract of $35,151.84. The first monthly payment was due on May 3, 2018. See, Exh.
“A.”
6. Pursuant to the “SECURITY AGREEMENT” section on page 2 of the Contract,
Defendant granted Plaintiff a security interest in the Vehicle. See, Exh. “A.”
7. Plaintiff holds a validly perfected purchase money lien on the Vehicle. A copy of a
printout from NYS DMV website showing Plaintiff’s lien on the Vehicle is attached hereto as
Exhibit “B.”
8. Pursuant to the “Right to Demand Payment in Full” section on page 2 of the Contract,
failure to make regular monthly payments constitutes an event of default, which entitles Plaintiff to
accelerate the amount due under the contract. See, Exh. “A.”
9. Pursuant to the “Right to Repossess” section on page 2 of the Contract, in the event
Defendant defaults under the Contract, Plaintiff is entitled to repossess the Vehicle. See, Exh. “A.”
10. Pursuant to the section entitled “Collection Costs and Attorney Fees” on page 2 of the
Contract, Defendant agreed to pay Plaintiff’s attorneys’ fees (up to 15% of the amount due) and
collection costs in the event Defendant defaults under the Contract. See, Exh. “A.”
11. The Defendant defaulted under the Contract by failing to make regular monthly
payments to Plaintiff.
12. Pursuant to the terms of the Contract, Plaintiff accelerated and hereby accelerates the
remaining amount due under the Contract in the total amount due of $17,558.85 plus interest
accruing at a rate of 7.99% on the unpaid principal balance of $16,706.02 from March 9, 2022.
13. Plaintiff has the right to repossess the Vehicle based upon Defendant’s default under
the Contract.
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14. Upon information and belief, the fair market value of the Vehicle is approximately
$19,790.00.
15. There are no known defenses to this action.
16. The commencement of this lawsuit does not affect or eliminate Defendant’s right to
dispute this debt within thirty (30) days after receiving the written validation notice from Plaintiff’s
counsel, or Plaintiff’s obligation to obtain verification of the debt and mail it to Defendant and
provide him with the name and address of the original creditor if different from the current creditor.
Moreover, courts set deadlines for filings that may differ from deadlines set forth under the Fair Debt
Collection Practices Act.
FIRST CAUSE OF ACTION
(Replevin)
17. Plaintiff repeats and realleges each and every allegation as set forth above.
18. Plaintiff is the current holder of the Contract and a lien on the Vehicle.
19. Pursuant to the Contract, Plaintiff has the right to repossess the Vehicle in the event
of a default.
20. The Defendant defaulted under the Contract by failing to make timely monthly
payments to Plaintiff.
21. As a direct and proximate result of Defendant’s default under the Contract, Plaintiff
has the right to the immediate possession of the Vehicle.
22. Plaintiff seeks an order of seizure pursuant to CPLR §§ 7101 and 7102 with regard to
the Vehicle, which the Defendant unlawfully retains and refuses to surrender to Plaintiff.
23. In compliance with CPLR §7102(e), prior to obtaining an Order of Seizure, an
undertaking equal to twice the value of the Vehicle will be obtained.
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SECOND CAUSE OF ACTION
(Breach of Contract)
24. Plaintiff repeats and realleges each and every allegation as set forth above.
25. Defendant has breached the Contract with Plaintiff.
26. Plaintiff has fully performed under the Contract.
27. In the event Plaintiff is unable to recover the Vehicle from Defendant,
Plaintiff is entitled to payment of the full remaining balance due under the Contract from the
Defendant.
28. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendant in
the amount of $17,558.85 plus interest accruing at a rate of 7.99% on the unpaid principal balance of
$16,706.02 from March 9, 2022, plus costs, disbursements and attorneys’ fees.
WHEREFORE, ESL Federal Credit Union respectfully demands judgment against
Defendant as follows:
A. Directing the Defendant to immediately deliver the Vehicle to the Plaintiff. In the
event the Defendant refuses to immediately deliver the Vehicle to Plaintiff, the Court direct the
Sheriff of Monroe County or the Sheriff of any county where the Vehicle may be located to seize the
Vehicle and immediately turn possession of the Vehicle over to Plaintiff;
B. In the event the Defendant refuses to immediately turn over possession of the Vehicle
to the Sheriff, the Sheriff may break open, enter and search for the Vehicle at the Defendant’s
residence, which is located at 114 Campfire Road, Henrietta, New York 14467;
C. That this Court direct and authorize Plaintiff to sell the Vehicle and apply the
proceeds of that sale towards the amount due under the Contract;
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D. Judgment against the Defendant in the amount of $17,558.85 plus interest accruing at
a rate of 7.99% on the unpaid principal balance of $16,706.02 from March 9, 2022, costs,
disbursements and reasonable attorneys’ fees, less proceeds of the sale of the Vehicle; and
E. Granting such other and further relief as to this Court may seem just and proper.
Dated: July 8, 2022
Pittsford, New York
HARRIS BEACH PLLC
Kevin Tompsett, Esq.
Attorneys for ESL Federal Credit Union
99 Garnsey Road
Pittsford, New York 14534
Telephone: (585) 419-8738
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FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM INDEX NO. E2022005064 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3129309 Book Page CIVIL Return To: No. Pages: 7 KEVIN W. TOMPSETT 99 Garnsey Road Instrument: COMPLAINT Pittsford, NY 14534 Control #: 202207080468 Index #: E2022005064 Date: 07/08/2022 ESL Federal Credit Union Time: 11:26:49 AM Cornish, Chad M Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 7 202207080468 Index # INDEX : E2022005064 NO. E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE ESL FEDERAL CREDIT UNION, Plaintiff, VERIFIED COMPLAINT vs. Index No.: CHAD M. CORNISH, Defendant. The Plaintiff, ESL Federal Credit Union (“ESL” or “Plaintiff”), by and through its attorneys, Harris Beach PLLC, as and for its Verified Complaint against Defendant Chad M. Cornish (“Defendant”), alleges as follows: 1. Plaintiff at all times hereinafter mentioned was and is authorized to do business in New York. 2. Upon information and belief, Defendant is an individual who resides at 114 Campfire Road, Henrietta, New York 14467. 3. On or about April 19, 2018, Defendant entered into a Retail Installment Contract (“Contract”) to purchase a used 2014 Dodge Challenger, VIN 2C3CDYBT5EH313544 (“Vehicle”). The Defendant purchased the Vehicle from Auto Outlet of Wolcott. A copy of the Contract is attached hereto as Exhibit “A”. 4. The Contract was assigned to Plaintiff pursuant to its terms. 5. Pursuant to the Contract, Defendant financed $27,760.52 of the purchase price, which was to be paid in 72 monthly payments of $488.22 at 7.99% interest, for a total amount paid at the 1 2 of 7 202207080468 IndexNO. INDEX #: E2022005064 E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 end of the Contract of $35,151.84. The first monthly payment was due on May 3, 2018. See, Exh. “A.” 6. Pursuant to the “SECURITY AGREEMENT” section on page 2 of the Contract, Defendant granted Plaintiff a security interest in the Vehicle. See, Exh. “A.” 7. Plaintiff holds a validly perfected purchase money lien on the Vehicle. A copy of a printout from NYS DMV website showing Plaintiff’s lien on the Vehicle is attached hereto as Exhibit “B.” 8. Pursuant to the “Right to Demand Payment in Full” section on page 2 of the Contract, failure to make regular monthly payments constitutes an event of default, which entitles Plaintiff to accelerate the amount due under the contract. See, Exh. “A.” 9. Pursuant to the “Right to Repossess” section on page 2 of the Contract, in the event Defendant defaults under the Contract, Plaintiff is entitled to repossess the Vehicle. See, Exh. “A.” 10. Pursuant to the section entitled “Collection Costs and Attorney Fees” on page 2 of the Contract, Defendant agreed to pay Plaintiff’s attorneys’ fees (up to 15% of the amount due) and collection costs in the event Defendant defaults under the Contract. See, Exh. “A.” 11. The Defendant defaulted under the Contract by failing to make regular monthly payments to Plaintiff. 12. Pursuant to the terms of the Contract, Plaintiff accelerated and hereby accelerates the remaining amount due under the Contract in the total amount due of $17,558.85 plus interest accruing at a rate of 7.99% on the unpaid principal balance of $16,706.02 from March 9, 2022. 13. Plaintiff has the right to repossess the Vehicle based upon Defendant’s default under the Contract. 2 3 of 7 202207080468 IndexNO. INDEX #: E2022005064 E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 14. Upon information and belief, the fair market value of the Vehicle is approximately $19,790.00. 15. There are no known defenses to this action. 16. The commencement of this lawsuit does not affect or eliminate Defendant’s right to dispute this debt within thirty (30) days after receiving the written validation notice from Plaintiff’s counsel, or Plaintiff’s obligation to obtain verification of the debt and mail it to Defendant and provide him with the name and address of the original creditor if different from the current creditor. Moreover, courts set deadlines for filings that may differ from deadlines set forth under the Fair Debt Collection Practices Act. FIRST CAUSE OF ACTION (Replevin) 17. Plaintiff repeats and realleges each and every allegation as set forth above. 18. Plaintiff is the current holder of the Contract and a lien on the Vehicle. 19. Pursuant to the Contract, Plaintiff has the right to repossess the Vehicle in the event of a default. 20. The Defendant defaulted under the Contract by failing to make timely monthly payments to Plaintiff. 21. As a direct and proximate result of Defendant’s default under the Contract, Plaintiff has the right to the immediate possession of the Vehicle. 22. Plaintiff seeks an order of seizure pursuant to CPLR §§ 7101 and 7102 with regard to the Vehicle, which the Defendant unlawfully retains and refuses to surrender to Plaintiff. 23. In compliance with CPLR §7102(e), prior to obtaining an Order of Seizure, an undertaking equal to twice the value of the Vehicle will be obtained. 3 4 of 7 202207080468 IndexNO. INDEX #: E2022005064 E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 SECOND CAUSE OF ACTION (Breach of Contract) 24. Plaintiff repeats and realleges each and every allegation as set forth above. 25. Defendant has breached the Contract with Plaintiff. 26. Plaintiff has fully performed under the Contract. 27. In the event Plaintiff is unable to recover the Vehicle from Defendant, Plaintiff is entitled to payment of the full remaining balance due under the Contract from the Defendant. 28. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendant in the amount of $17,558.85 plus interest accruing at a rate of 7.99% on the unpaid principal balance of $16,706.02 from March 9, 2022, plus costs, disbursements and attorneys’ fees. WHEREFORE, ESL Federal Credit Union respectfully demands judgment against Defendant as follows: A. Directing the Defendant to immediately deliver the Vehicle to the Plaintiff. In the event the Defendant refuses to immediately deliver the Vehicle to Plaintiff, the Court direct the Sheriff of Monroe County or the Sheriff of any county where the Vehicle may be located to seize the Vehicle and immediately turn possession of the Vehicle over to Plaintiff; B. In the event the Defendant refuses to immediately turn over possession of the Vehicle to the Sheriff, the Sheriff may break open, enter and search for the Vehicle at the Defendant’s residence, which is located at 114 Campfire Road, Henrietta, New York 14467; C. That this Court direct and authorize Plaintiff to sell the Vehicle and apply the proceeds of that sale towards the amount due under the Contract; 4 5 of 7 202207080468 IndexNO. INDEX #: E2022005064 E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 D. Judgment against the Defendant in the amount of $17,558.85 plus interest accruing at a rate of 7.99% on the unpaid principal balance of $16,706.02 from March 9, 2022, costs, disbursements and reasonable attorneys’ fees, less proceeds of the sale of the Vehicle; and E. Granting such other and further relief as to this Court may seem just and proper. Dated: July 8, 2022 Pittsford, New York HARRIS BEACH PLLC Kevin Tompsett, Esq. Attorneys for ESL Federal Credit Union 99 Garnsey Road Pittsford, New York 14534 Telephone: (585) 419-8738 5 6 of 7 202207080468 IndexNO. INDEX #: E2022005064 E2022005064 FILED: MONROE COUNTY CLERK 07/08/2022 11:00 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/08/2022 7 of 7