Preview
FILED: NASSAU COUNTY CLERK 03/25/2022 01:54 PM INDEX NO. 606231/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/25/2022
SUPREME COURT OF THE STATE OF NEW YORK Index No. 606231/2020
COUNTY OF NASSAU
Cavalry SPV I, LLC, as assignee of
Citibank, N.A.
, Plaintiff NOTICE OF ENTRY
-against-
PATRICIA WILLIAMS
, Defendant(s)
Please take notice that the within is a true copy of an Order duly entered
in the office of the Clerk of the SUPREME COURT OF THE STATE OF NEW YORK
10"
COUNTY OF NASSAU on the day of March 2022.
Dated: 03/25/2022
Grzegorz Ows
Portnoy Schneck, L.L.C.
22 Saw Mill River Rd, Ste 305
Hawthorne, NY 10532
Phone: 888/841-6574
Attorney for Plaintiff
File No. L2000427
This firm is deemed to be a debt collector attempting to collect a debt and
any information obtained will be used for that purpose.
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NYSCEF DOC. NO. 32 6 PM RECEIVED NYSCEF: 03/25/2022
NYSCEF DOC. No. 31
RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU - IAS/TRIAL PART 14
Present: Hon. Helen Voutsinas, J.S.C.
X
CAVALRY SPV I,LLC, as assignee of
Citibank, N.A., Index No.: 606231/2020
Plaintiff Motion Sequence No.: 001
-against-
Short Form Order
PATRICIA W1LLIAMS,
Defëndant.
X
The following papers were read on this motion:
Notice of Motion, Affimlation and Affidavit in Support, Exhibits . ,.. . .. . .
. .. . . . .
. . . . . . .
1
Plaintiff, Cavalry SPV I, LLC, as assignee of N.A. (hereinafter
Citibank, "Cavalry")
moves for an Order pursuant to CPLR §321S a default judgment
granting against defendant
Patricia Williams (hereinafter "Williams"). The Court this
determines motion as hereinafter
follows.
This is an action for breach of contract. The action was commenced the
by filing of a
sunnnons and complaint on or about June 23, 2020.
In support of the motion, plaintiff submits an affirmation from plaintiff's counsel, Grzegorz
Owsiany, Esq., an affidavit of facts and sale of account original
by creditor, Citibank, N.A., the
credit card agreement, an additional notice of consumer credit action pursuant §202.27-
to CPLR
a and a copy of the process server's affidavit of service. In the affidavit of service regarding
defendant Williams, it isalleged that service of process was effectuated by personal delivery of
the summons and complaint on defendant at her on
Williams, residence, June 27, 2020.
Plaintiff also submits an affirmation of additional of the
mailing summons and complaint
on August 19, 2020, to defendant in accordance
Williams, with CPLR §3215[g][3]. Also submitted
is an affirmation by counsel the investigation as to
indicating military status of Williams, to which
is attached a report obtained from the Department of Defense
Defense, Manpower Data Center,
dated October 26, 2021. Counsel affirms based upon the negative findings in
that, the report, be
does not believe that Williams is in the service.
military
Plaintiff states that defendant has not answered or otherwise moves with respect to the
complaint, and itstime to do so has expired and has not been extended and is in default.
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FILED: NASSAU COUNTY CLERK 03/25/2022 01:54 PM INDEX NO. 606231/2020
(FILED : NASSAU COUNTY CLERK
NYSCEF DOC. NO. 32 03/10 /2022 02 : 4 6 PNQ RECEIVEDINDEXNYSCEF:
NO. 606231/2020
03/25/2022
NYSCEF DOC. No. 31
RECEIVED NYSCEF: 03/07/2022
CPLR §3215 governs motions for default judgment against a
Inr! Grp. v. SDSWilliam non-appearing party. (fMG
Mlag St” LLC, 32 Misc.3d 1233(A)[Sup. Ct. NY 2011D. The movant for
default judgment must provide proof of: (1) service of the summons and complaint: (2) the facts
constituting the claim for a certain or ascertainable sum; and (3) and
year default, (4) move within a
of the defanit. (4¿; CPLR § 3215), The standard of proof [for default is not
stringent, judgment]
amountmg only to some firsthand confirmation ofthe facts. ( Fefer v. 210
AD2d 60 [1st Dept Malpeso,
1994]). Some proof of ìs
liability required to satisfÿ the Court as to the
ftmie prima
validity of the uncontested cause of action. (Jd.)
As such, plaintiff s motion for default judgment in the amount of 510,200.00, pursuant to
CPLR §3215 is GRANTED.
Anyother relief sought berein hut not specifically ruled upon is DENIED.
This constitutes the Decision and Order of thisCourt
Dated: 2022
Februañ /
.
Mineola, NY
Hj en Voutsinas
Justice of the me Cetirt
Sup
ENTERED
Mar 10 2022
NASSAU COUNTY
COUNTY CLERK*S OFFICE
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Preview
FILED: NASSAU COUNTY CLERK 03/25/2022 01:54 PM INDEX NO. 606231/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/25/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No. 606231/2020 COUNTY OF NASSAU Cavalry SPV I, LLC, as assignee of Citibank, N.A. , Plaintiff NOTICE OF ENTRY -against- PATRICIA WILLIAMS , Defendant(s) Please take notice that the within is a true copy of an Order duly entered in the office of the Clerk of the SUPREME COURT OF THE STATE OF NEW YORK 10" COUNTY OF NASSAU on the day of March 2022. Dated: 03/25/2022 Grzegorz Ows Portnoy Schneck, L.L.C. 22 Saw Mill River Rd, Ste 305 Hawthorne, NY 10532 Phone: 888/841-6574 Attorney for Plaintiff File No. L2000427 This firm is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. 1 of 3 FILED: NASSAU COUNTY CLERK 03/25/2022 01:54 PM INDEX NO. 606231/2020 FILED : NASSAU COUNTY CLERK 03/10 /2 022 02 : 4 INDEX NO. 606231/2020 NYSCEF DOC. NO. 32 6 PM RECEIVED NYSCEF: 03/25/2022 NYSCEF DOC. No. 31 RECEIVED NYSCEF: 03/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - IAS/TRIAL PART 14 Present: Hon. Helen Voutsinas, J.S.C. X CAVALRY SPV I,LLC, as assignee of Citibank, N.A., Index No.: 606231/2020 Plaintiff Motion Sequence No.: 001 -against- Short Form Order PATRICIA W1LLIAMS, Defëndant. X The following papers were read on this motion: Notice of Motion, Affimlation and Affidavit in Support, Exhibits . ,.. . .. . . . .. . . . . . . . . . . . 1 Plaintiff, Cavalry SPV I, LLC, as assignee of N.A. (hereinafter Citibank, "Cavalry") moves for an Order pursuant to CPLR §321S a default judgment granting against defendant Patricia Williams (hereinafter "Williams"). The Court this determines motion as hereinafter follows. This is an action for breach of contract. The action was commenced the by filing of a sunnnons and complaint on or about June 23, 2020. In support of the motion, plaintiff submits an affirmation from plaintiff's counsel, Grzegorz Owsiany, Esq., an affidavit of facts and sale of account original by creditor, Citibank, N.A., the credit card agreement, an additional notice of consumer credit action pursuant §202.27- to CPLR a and a copy of the process server's affidavit of service. In the affidavit of service regarding defendant Williams, it isalleged that service of process was effectuated by personal delivery of the summons and complaint on defendant at her on Williams, residence, June 27, 2020. Plaintiff also submits an affirmation of additional of the mailing summons and complaint on August 19, 2020, to defendant in accordance Williams, with CPLR §3215[g][3]. Also submitted is an affirmation by counsel the investigation as to indicating military status of Williams, to which is attached a report obtained from the Department of Defense Defense, Manpower Data Center, dated October 26, 2021. Counsel affirms based upon the negative findings in that, the report, be does not believe that Williams is in the service. military Plaintiff states that defendant has not answered or otherwise moves with respect to the complaint, and itstime to do so has expired and has not been extended and is in default. 1 1 of 2 2 of 3 FILED: NASSAU COUNTY CLERK 03/25/2022 01:54 PM INDEX NO. 606231/2020 (FILED : NASSAU COUNTY CLERK NYSCEF DOC. NO. 32 03/10 /2022 02 : 4 6 PNQ RECEIVEDINDEXNYSCEF: NO. 606231/2020 03/25/2022 NYSCEF DOC. No. 31 RECEIVED NYSCEF: 03/07/2022 CPLR §3215 governs motions for default judgment against a Inr! Grp. v. SDSWilliam non-appearing party. (fMG Mlag St” LLC, 32 Misc.3d 1233(A)[Sup. Ct. NY 2011D. The movant for default judgment must provide proof of: (1) service of the summons and complaint: (2) the facts constituting the claim for a certain or ascertainable sum; and (3) and year default, (4) move within a of the defanit. (4¿; CPLR § 3215), The standard of proof [for default is not stringent, judgment] amountmg only to some firsthand confirmation ofthe facts. ( Fefer v. 210 AD2d 60 [1st Dept Malpeso, 1994]). Some proof of ìs liability required to satisfÿ the Court as to the ftmie prima validity of the uncontested cause of action. (Jd.) As such, plaintiff s motion for default judgment in the amount of 510,200.00, pursuant to CPLR §3215 is GRANTED. Anyother relief sought berein hut not specifically ruled upon is DENIED. This constitutes the Decision and Order of thisCourt Dated: 2022 Februañ / . Mineola, NY Hj en Voutsinas Justice of the me Cetirt Sup ENTERED Mar 10 2022 NASSAU COUNTY COUNTY CLERK*S OFFICE 2 2 of 2 3 of 3