Preview
FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CAYUGA
---__________________________________
CHEMUNG CANAL TRUST COMPANY AFFIDAVIT IN SUPPORT OF
One Chemung Canal Plaza APPLICATION FOR DEFAULT
Elmira, New York 14902-1522 JUDGMENT AND AWARD OF ATTYS'
Plaintiff, FEES, COSTS & DISBURSEMENTS
Index No. E2021-0014
-against-
PATRICK SMART
3593 Rockefeller Road
Moravia, New York 13118
Defendant,
_______________________________________
STATE OF NEW YORK)
COUNTY OF BROOME ) as.:
Kimberlee N. DeFazio, Esq., being first duly sworn, deposes and
states as follows:
1. That I am an attorney duly licensed to practice law in the
State of New York, and I am a member of the law firm of Aswad &
Ingraham, LLP, attorneys for Chemung Canal Trust Company, the
Plaintiff herein.
2. That I make this Affidavit in support of the Plaintiff's
request for a default judgment against the Defendant, PATRICK SMART.
3. That as can be seen from the Verified Complaint, the
Defendant executed a Note given to the Plaintiff for the purpose of
obtaining a loan, that the Defendant defaulted in his obligation for
payment under said agreement, that at the time of the service of the
Summons and Complaint herein there was then due and owing to Chemung
Canal Trust, the sum of $13,860.81, comprised of a principal balance
of $13,279.13 and accrued interest of $533.74 and late fees of $47.94
with interest thereon from July 2, 2020 on the principal amount.
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FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021
4. That this action was commenced by the filing and service of a
Summons and Complaint upon the Defendant. A copy of the Summons and
Complaint is attached hereto as Exhibit A.
5. That the Defendant was served personally with the Summons and
Verified Complaint on January 22, 2021. A copy of the Affidavit of
Service is attached hereto as Exhibit B. Thereafter, an additional
copy of the Summons and Complaint was mailed to the Defendant at his
last known mailing address, on February 9, 2021 (see Exhibit C
attached hereto).
6. That the Defendant has not Answered the summons and complaint
within the time required by statute nor requested an extension of time
to answer.
7. Accordingly, Plaintiff moves for a judgment based on the
preceding facts. Said judgment amount is calculated, based on the debt
instrument and the Verified Complaint, as follows:
Amount claimed for principal in Verified Complaint .. $13,279.13
Amount claimed for interest in Verified Complaint
through October 22, 2020............................. $ 533.74
Late fees ........................................... $ 47.94
Interest from July 2, 2020 to
March 29, 2021 for 271 days @ $2.07/day ........... $ 560.97
TOTAL ...................................... $14,421.78
8. That the Plaintiff's claim herein includes a claim for
attorney fees pursuant to the terms of the above mentioned note in the
amount of $1,090.00. See Exhibit D for legal services provided to
Plaintiff by my office to-date. Additionally, Plaintiff anticipates
incurring an additional $200.00 in legal fees for preparing subpoenas
necessary to enforce the judgment requested herein. Therefore, the
total attorney fees sought are $1,290.00.
9. Attached hereto as Exhibit E is Plaintiff's Bill of Costs,
showing total costs and disbursements of $701.25
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FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021
WHEREFORE, your deponent respectfully request that an Order be
issued directing the entry of Judgment for the Plaintiff and against
the Defendants in the amount of $13,860.61, comprised of a principal
balance of $13,279.13 and accrued interest through July 1, 2020 of
$533.74 and late fees of $47.94, together with interest thereon on the
principal amount from July 2, 2020 in the amount of $560.97, plus
attorneys' of and costs and
fees in the amount $1,290.00,
disbursements of $701.25 in this action.
imberlee N. DeFazio
Sworn to before me this
29th 2021
day of March,
T'n . .
Notary ) c
DANIELLE L. G ME
NOTARY PUBLIC-STATE OF NEW YORK
No. 01GR6315150
Qualified inBroome County
My Commission Expires 11-17-20
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Preview
FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CAYUGA ---__________________________________ CHEMUNG CANAL TRUST COMPANY AFFIDAVIT IN SUPPORT OF One Chemung Canal Plaza APPLICATION FOR DEFAULT Elmira, New York 14902-1522 JUDGMENT AND AWARD OF ATTYS' Plaintiff, FEES, COSTS & DISBURSEMENTS Index No. E2021-0014 -against- PATRICK SMART 3593 Rockefeller Road Moravia, New York 13118 Defendant, _______________________________________ STATE OF NEW YORK) COUNTY OF BROOME ) as.: Kimberlee N. DeFazio, Esq., being first duly sworn, deposes and states as follows: 1. That I am an attorney duly licensed to practice law in the State of New York, and I am a member of the law firm of Aswad & Ingraham, LLP, attorneys for Chemung Canal Trust Company, the Plaintiff herein. 2. That I make this Affidavit in support of the Plaintiff's request for a default judgment against the Defendant, PATRICK SMART. 3. That as can be seen from the Verified Complaint, the Defendant executed a Note given to the Plaintiff for the purpose of obtaining a loan, that the Defendant defaulted in his obligation for payment under said agreement, that at the time of the service of the Summons and Complaint herein there was then due and owing to Chemung Canal Trust, the sum of $13,860.81, comprised of a principal balance of $13,279.13 and accrued interest of $533.74 and late fees of $47.94 with interest thereon from July 2, 2020 on the principal amount. 1 of 3 FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021 4. That this action was commenced by the filing and service of a Summons and Complaint upon the Defendant. A copy of the Summons and Complaint is attached hereto as Exhibit A. 5. That the Defendant was served personally with the Summons and Verified Complaint on January 22, 2021. A copy of the Affidavit of Service is attached hereto as Exhibit B. Thereafter, an additional copy of the Summons and Complaint was mailed to the Defendant at his last known mailing address, on February 9, 2021 (see Exhibit C attached hereto). 6. That the Defendant has not Answered the summons and complaint within the time required by statute nor requested an extension of time to answer. 7. Accordingly, Plaintiff moves for a judgment based on the preceding facts. Said judgment amount is calculated, based on the debt instrument and the Verified Complaint, as follows: Amount claimed for principal in Verified Complaint .. $13,279.13 Amount claimed for interest in Verified Complaint through October 22, 2020............................. $ 533.74 Late fees ........................................... $ 47.94 Interest from July 2, 2020 to March 29, 2021 for 271 days @ $2.07/day ........... $ 560.97 TOTAL ...................................... $14,421.78 8. That the Plaintiff's claim herein includes a claim for attorney fees pursuant to the terms of the above mentioned note in the amount of $1,090.00. See Exhibit D for legal services provided to Plaintiff by my office to-date. Additionally, Plaintiff anticipates incurring an additional $200.00 in legal fees for preparing subpoenas necessary to enforce the judgment requested herein. Therefore, the total attorney fees sought are $1,290.00. 9. Attached hereto as Exhibit E is Plaintiff's Bill of Costs, showing total costs and disbursements of $701.25 2 of 3 FILED: CAYUGA COUNTY CLERK 03/30/2021 09:23 AM INDEX NO. E2021-0014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/30/2021 WHEREFORE, your deponent respectfully request that an Order be issued directing the entry of Judgment for the Plaintiff and against the Defendants in the amount of $13,860.61, comprised of a principal balance of $13,279.13 and accrued interest through July 1, 2020 of $533.74 and late fees of $47.94, together with interest thereon on the principal amount from July 2, 2020 in the amount of $560.97, plus attorneys' of and costs and fees in the amount $1,290.00, disbursements of $701.25 in this action. imberlee N. DeFazio Sworn to before me this 29th 2021 day of March, T'n . . Notary ) c DANIELLE L. G ME NOTARY PUBLIC-STATE OF NEW YORK No. 01GR6315150 Qualified inBroome County My Commission Expires 11-17-20 3 of 3