On February 10, 2023 a
Motion-Secondary
was filed
involving a dispute between
Louis Bombardier,
and
Jamie Menard,
for Commercial - Contract
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON
LOUIS BOMBARDIER, ATTORNEY
AFFIRMATION
Plaintiff,
Index No.
-against-
JAMIE MENARD,
Defendant.
JUSTIN R. MEYER, ESQ., affirms to the Court under penalty of perjury, the following:
1. I am an attorney duly licensed to practice law in the State of New York and am a member
of the law firm of Stafford, Owens, Murnane, Kelleher, Miller, Meyer & Zedick, PLLC.
2. I am the attorney for the Plaintiff, Louis Bombardier, in the above-entitled action and, as
such, I am fully familiar with the facts and circumstances of the case at hand, and I make
this Affirmation in support of Plaintiff's Motion for Summary Judgment in Lieu of
Complaint pursuant to CPLR §3213.
3. The factual circumstances of this claim are more fully set out in the accompanying
Affidavit of Louis Bombardier.
4. In short, Defendant owes Plaintiff pursuant to a Promissory Note in the sum of Two
Hundred Fifty Thousand Dollars ($250,000.00), plus late fees, interest and attorney's fees
which has been in default of said loan. See Promissory Note attached to the Affidavit of
Louis Bombardier as Exhibit A.
5. A demand letter was sent to Defendant on April 25, 2022 and Defendant has failed to make
payment since default. See correspondence attached to the Affidavit of Louis Bombardier
as Exhibit B.
6. The legal support for proceeding pursuant to CPLR §3213 is contained within the
accompanying Memorandum of Law.
7. In short, the Note is eligible for CPLR §3213 treatment as "instruments for the payment of
money only". The sums due from Defendant to Plaintiff are clearly ascertainable and there
are no defenses to be asserted by Defendant.
8. Plaintiff is entitled to attorney fees in connection with any enforcement of the note and
guarantee.
STAFFOR OWENS
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FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2023
9. Plaintiff has incurred attorney's fees in excess of $1,000 as a result of the Defendant's
default, and will continue to incur such fees throughout the pendency of this action.
WHEREFORE, it is respectfully requested that based on the foregoing and all supporting
documentation being submitted herewith that the Court grant the Motion for Summary Judgment
its'
of Plaintiff, Louis Bombardier, in entirety and enter Judgment in favor of Plaintiff in the
amount of Two Hundred Fifty Thousand Dollars ($250,000.00), plus statutory interest from July
1, 2017, continuing at the statutory rate of interest through judgment and collection thereof, as well
as reasonable attorney's fees and costs and disbursements in this action, together with and such
other and further relief as the court deems just and proper.
Dated: February 2, 2023
Ju in R. Meyer, Es .
2
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FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON LOUIS BOMBARDIER, ATTORNEY AFFIRMATION Plaintiff, Index No. -against- JAMIE MENARD, Defendant. JUSTIN R. MEYER, ESQ., affirms to the Court under penalty of perjury, the following: 1. I am an attorney duly licensed to practice law in the State of New York and am a member of the law firm of Stafford, Owens, Murnane, Kelleher, Miller, Meyer & Zedick, PLLC. 2. I am the attorney for the Plaintiff, Louis Bombardier, in the above-entitled action and, as such, I am fully familiar with the facts and circumstances of the case at hand, and I make this Affirmation in support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint pursuant to CPLR §3213. 3. The factual circumstances of this claim are more fully set out in the accompanying Affidavit of Louis Bombardier. 4. In short, Defendant owes Plaintiff pursuant to a Promissory Note in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), plus late fees, interest and attorney's fees which has been in default of said loan. See Promissory Note attached to the Affidavit of Louis Bombardier as Exhibit A. 5. A demand letter was sent to Defendant on April 25, 2022 and Defendant has failed to make payment since default. See correspondence attached to the Affidavit of Louis Bombardier as Exhibit B. 6. The legal support for proceeding pursuant to CPLR §3213 is contained within the accompanying Memorandum of Law. 7. In short, the Note is eligible for CPLR §3213 treatment as "instruments for the payment of money only". The sums due from Defendant to Plaintiff are clearly ascertainable and there are no defenses to be asserted by Defendant. 8. Plaintiff is entitled to attorney fees in connection with any enforcement of the note and guarantee. STAFFOR OWENS 1 of 2 FILED: CLINTON COUNTY CLERK 02/10/2023 10:39 AM INDEX NO. 2023-00023095 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2023 9. Plaintiff has incurred attorney's fees in excess of $1,000 as a result of the Defendant's default, and will continue to incur such fees throughout the pendency of this action. WHEREFORE, it is respectfully requested that based on the foregoing and all supporting documentation being submitted herewith that the Court grant the Motion for Summary Judgment its' of Plaintiff, Louis Bombardier, in entirety and enter Judgment in favor of Plaintiff in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00), plus statutory interest from July 1, 2017, continuing at the statutory rate of interest through judgment and collection thereof, as well as reasonable attorney's fees and costs and disbursements in this action, together with and such other and further relief as the court deems just and proper. Dated: February 2, 2023 Ju in R. Meyer, Es . 2 2 of 2