On April 06, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank Usa Na,
and
Rachel Spitzer,
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/28/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
INDEX NUMBER 031787/2021
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, FILE NO. N461374
-AGAINST-
RACHEL SPITZER
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 September 9, 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 April 6, 2021. 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: May 26, 2021
Mitchell G. Slamowitz, Esq.
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Document Filed Date
May 28, 2021
Case Filing Date
April 06, 2021
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