On February 14, 2020 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
Eryk E Olson,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM INDEX NO. 000137-2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/28/2020
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ
199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE
WOODBURY, NY 11797 WOODBURY, NY 11797
Document Type: CIVIL ACTION - MISC Document Desc: AFFIDAVIT
Plaintiff Defendant
CAPITAL ONE BANK (USA), N.A. OLSON ERYK E
Recorded Information:
State of New York
Index #: 000137-2020 County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
AKB
Do Not1 ofDetach
2
Index
INDEX #
NO.: 000137-2020
000137-2020
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
INDEX NUMBER 000137-2020
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, FILE NO. N455463
-AGAINST-
ERYK E OLSON
DEFENDANT.
AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS
Mitchell G. Slamowitz, Esq., an attorney duly admitted to the practice of law in the State
of New York, hereby affirms the following to be true pursuant to CPLR § 2106 and under the
penalties of perjury states that:
1. The statute of limitations for the cause of action asserted herein commenced running
on or about February 22, 2019. The statute of limitations for the cause of action asserted herein is
three years based on the law in Virginia, which is where CAPITAL ONE BANK , the original
creditor of the Account, is located. The written action was filed on or about February 14, 2020.
Based on my reasonable inquiry, I believe the applicable statute of limitations for the cause of
action asserted herein did not expire prior to the filing of this action.
WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the
Defendant(s).
I certify that, to the best of my knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, that the presentation of this judgment and all
papers or the contentions herein are not frivolous as defined in 22 NYCRR 130-
accompanying §
1-1(a).
Dated: December 24, 2020
Mitchell G. slamowitz, Esq.
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11111111111111111111111111111111111111111111111111111111111111111111IIIllIllllE
111111111111111111111111111111111111111111111111111111111
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Document Filed Date
December 28, 2020
Case Filing Date
February 14, 2020
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM INDEX NO. 000137-2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/28/2020 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ 199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE WOODBURY, NY 11797 WOODBURY, NY 11797 Document Type: CIVIL ACTION - MISC Document Desc: AFFIDAVIT Plaintiff Defendant CAPITAL ONE BANK (USA), N.A. OLSON ERYK E Recorded Information: State of New York Index #: 000137-2020 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York AKB Do Not1 ofDetach 2 Index INDEX # NO.: 000137-2020 000137-2020 FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON INDEX NUMBER 000137-2020 CAPITAL ONE BANK (USA), N.A. PLAINTIFF, FILE NO. N455463 -AGAINST- ERYK E OLSON DEFENDANT. AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS Mitchell G. Slamowitz, Esq., an attorney duly admitted to the practice of law in the State of New York, hereby affirms the following to be true pursuant to CPLR § 2106 and under the penalties of perjury states that: 1. The statute of limitations for the cause of action asserted herein commenced running on or about February 22, 2019. The statute of limitations for the cause of action asserted herein is three years based on the law in Virginia, which is where CAPITAL ONE BANK , the original creditor of the Account, is located. The written action was filed on or about February 14, 2020. Based on my reasonable inquiry, I believe the applicable statute of limitations for the cause of action asserted herein did not expire prior to the filing of this action. WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the Defendant(s). I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the presentation of this judgment and all papers or the contentions herein are not frivolous as defined in 22 NYCRR 130- accompanying § 1-1(a). Dated: December 24, 2020 Mitchell G. slamowitz, Esq. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIllII1111111111 11111111111111111111111111111111111111111111111111111111111111111111IIIllIllllE 111111111111111111111111111111111111111111111111111111111 2 of 2