On June 30, 2020 a
Motion-Secondary
was filed
involving a dispute between
Newtek Small Business Finance, Llc,
and
Michael J Liberman,
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__________________-------- ---------X
NEWTEK SMALL BUSINESS FINANCE, LLC, Index No. 606560/2020
Plaintiff,
-against-
AFFIDAVIT OF
MICHAEL J. LIBERMAN, PETER PERSICHETTE
Defendant.
________.---.----- _________________-----X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
PETER PERSICHETTE, being duly sworn, deposes and says:
1. I am Vice President, Special Servicing Manager for Newtek Small Business
Fi-ce, LLC (hereinafter "Newtek"). I submit this affidavit in support of Newek's motion to
attorneys'
renew its prior motion for fees and expenses in corgiection with Newtek's motion for
emmery judgment in lieu of complaint, pursuant to CPLR 3213, against Michael J. Liberman
("Defendant"), which this Court granted pursuant to an Order dated October 23, 2020.
2. As Newtek's Vice Special I am Amiliar
President, Servicing Mañager, personally
with the business records kept and rñãirdsined by Newtek in the regular course of itsbusiness,
which records are kept and mairdaiñed by employees who have a duty to keep and inaiñtãin
accurate and contemporaneous records with the events they purport to record.
3. This affidavit is based upon my review of Newick's business records as relevant to
this action, including the record of expcñses incurred by Newtck'in connection with the subject
Note as described below.
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FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021
4. The Note, which Liberman üñcoñditionally guaranteed payment of all amounts
owing thercander, explains the manner in which Newtek may incur, inter alia, expenses in
enforcing the Note and preserving or disposing of collateral and that the borrower is respensible
for repayment of these expenses. A true and accurate copy of the Note is annexed hereto as Exhibit
"A"
("Ex. A"). In connection with enforcerñêñt of the Note, Newtek incurred Two Thousand
Nine Hundred Fifty Dollars ($2,950.00) in appraisal fees and Six Hüñdred Dollars ($600.00) in
asset search fees, for a total amount of Three Thousand Five Hundred Fifty Dollars ($3,550.00),
all of which is personally guarañteed by Liberman. See aññêxed hereto true and accüiate copies of
"B"
these records of expenses as Exhibit ("Ex. B").
attorneys'
5. Newtek is also entitled to reasonable fees and costs, which is set forth in
2021.1
detail in the Affirmation of J'Naia L. Boyd, dated May 24,
6. Accordingly, Newtek respectfully requests a judgment against Liberman in the full
amount of the indebtedness of Note, including but not limited to outstanding priñeipal, interest,
attorneys'
late fees, expenses, fees, and costs.
[INTENTIONALLY LEFT BLANK]
Attorneys'
fees were inadvertently included in the total amount of expenses in the Affidavit of
Peter Persichette, dated Jtme 29, 2020 and, thus, this affidavit reflects the correct amotus of
expenses due and owing to Newtek.
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FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021
WHEREFORE, Plaintiff Newtek Small Basiness Finance, LLC respectfully requests that
attorneys'
this Honorable Court grant Newtek's motion to renew its prior motion for fees and
expenses, together with such other and further relief as the Court may deem just and proper.
Peter Persichette )
Swom to before me this
eCo +A day of May 2021
Notary Public
MARYANN BARRUCCO
Notary State
Public, of New York
No. 018A6266611
Qualifiedin Nassau County
Commission Expires816/302_
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Document Filed Date
May 24, 2021
Case Filing Date
June 30, 2020
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FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __________________-------- ---------X NEWTEK SMALL BUSINESS FINANCE, LLC, Index No. 606560/2020 Plaintiff, -against- AFFIDAVIT OF MICHAEL J. LIBERMAN, PETER PERSICHETTE Defendant. ________.---.----- _________________-----X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) PETER PERSICHETTE, being duly sworn, deposes and says: 1. I am Vice President, Special Servicing Manager for Newtek Small Business Fi-ce, LLC (hereinafter "Newtek"). I submit this affidavit in support of Newek's motion to attorneys' renew its prior motion for fees and expenses in corgiection with Newtek's motion for emmery judgment in lieu of complaint, pursuant to CPLR 3213, against Michael J. Liberman ("Defendant"), which this Court granted pursuant to an Order dated October 23, 2020. 2. As Newtek's Vice Special I am Amiliar President, Servicing Mañager, personally with the business records kept and rñãirdsined by Newtek in the regular course of itsbusiness, which records are kept and mairdaiñed by employees who have a duty to keep and inaiñtãin accurate and contemporaneous records with the events they purport to record. 3. This affidavit is based upon my review of Newick's business records as relevant to this action, including the record of expcñses incurred by Newtck'in connection with the subject Note as described below. 1 5244093.v1 1 of 3 FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021 4. The Note, which Liberman üñcoñditionally guaranteed payment of all amounts owing thercander, explains the manner in which Newtek may incur, inter alia, expenses in enforcing the Note and preserving or disposing of collateral and that the borrower is respensible for repayment of these expenses. A true and accurate copy of the Note is annexed hereto as Exhibit "A" ("Ex. A"). In connection with enforcerñêñt of the Note, Newtek incurred Two Thousand Nine Hundred Fifty Dollars ($2,950.00) in appraisal fees and Six Hüñdred Dollars ($600.00) in asset search fees, for a total amount of Three Thousand Five Hundred Fifty Dollars ($3,550.00), all of which is personally guarañteed by Liberman. See aññêxed hereto true and accüiate copies of "B" these records of expenses as Exhibit ("Ex. B"). attorneys' 5. Newtek is also entitled to reasonable fees and costs, which is set forth in 2021.1 detail in the Affirmation of J'Naia L. Boyd, dated May 24, 6. Accordingly, Newtek respectfully requests a judgment against Liberman in the full amount of the indebtedness of Note, including but not limited to outstanding priñeipal, interest, attorneys' late fees, expenses, fees, and costs. [INTENTIONALLY LEFT BLANK] Attorneys' fees were inadvertently included in the total amount of expenses in the Affidavit of Peter Persichette, dated Jtme 29, 2020 and, thus, this affidavit reflects the correct amotus of expenses due and owing to Newtek. 2 5244093.vi 2 of 3 FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/24/2021 WHEREFORE, Plaintiff Newtek Small Basiness Finance, LLC respectfully requests that attorneys' this Honorable Court grant Newtek's motion to renew its prior motion for fees and expenses, together with such other and further relief as the Court may deem just and proper. Peter Persichette ) Swom to before me this eCo +A day of May 2021 Notary Public MARYANN BARRUCCO Notary State Public, of New York No. 018A6266611 Qualifiedin Nassau County Commission Expires816/302_ 3 5244093,vl 3 of 3