Preview
FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
AMERICAN EXPRESS NATIONAL BANK, Plaintiff designates Chemung
County as the place of trial
Plaintiff,
Index No.
-against-
Date Purchased:
RICHARD STRAUB
a/k/a RICHARD J STRAUB I SUMMONS
The basis of the venue
designated is:
Defendant· of residence.
Defendant's place
To: RICHARD STRAUB a/k/a RICHARD J STRAUB I
1159 Shannon Avenue
Elmira, NY 14904
Plaintiffs'
YOU ARE HEREBY SUMMONED and required to serve upon attorney, at
the address stated below, an answer to the attached complaint.
If this summons was personally delivered to you in the State of New York, the answer
must be served within twenty days after such service of summons, excluding the date of service.
If the summons was not personally delivered to you within the State of New York, the answer
must be served within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint or otherwise appear within the
applicable time limitation stated above, a judgment may be entered against you by default for the
relief demanded in the complaint without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and for the
County of Chemung, Hazlett Building, Elmira, NY 14901.
File No 4830896
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This action is brought in the County of Chemung because it is the place of defendant's residence,
with an address at: 1159 Shannon Avenue, Elmira, New York 14904.
Dated: March 24, 2023
__Anthony J. Migliaccio, Jr., Esq.
Benjamin Marashlian, Esq.
lexander Fink, Esq.
Staff Attorneys for the Plaintiff,
AMERICAN EXPRESS NATIONAL BANK
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
2211d
200 Vesey Street FlOOT
New York, NY 10285
877-305-0433
File No 4830896
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
AMERICAN EXPRESS NATIONAL BANK,
Index No.:
Plaintiff,
-against- COMPLAINT
RICHARD STRAUB
a/k/a RICHARD J STRAUB I,
Defendant.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK ("American Express"), by and
through its attorneys, as and for its complaint herein against defendant Richard Straub a/k/a
Richard J Straub I ("Straub"), hereby alleges as follows:
The Parties
1. AMERICAN EXPRESS NATIONAL BANK ("American Express"), a
national bank under the laws of the United States of America with its office located at 115 W.
Town Ridge Parkway, Sandy, Utah 84070 (hereinafter singularly or collectively referenced as
"American Express"), and is the original creditor.
2. Upon information and belief, at all relevant times, Straub was and is an individual
who resides in the State of New York, County of Chemung, at 1159 Shannon Avenue, Elmira,
New York 14904.
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The Facts
The American Express Amex EvervDay Preferred Credit Card Account
3. At all relevant times, Straub was the holder of an Amex EveryDay Preferred
Credit Card (the "Amex EveryDay Preferred Credit Card") that enabled him/her to charge items
to the Amex EveryDay Preferred Credit Card account (account no. xxxx-xxxxxx-x8003) (the
Card"
"Amex EveryDay Preferred Credit Account).
4. By accepting and using the Amex EveryDay Preferred Credit Card, Straub agreed
to all of the terms and conditions set forth in the "Agreement Between American Express Credit
Bank"
Cardmember and American Express National (the "Agreement"), which was provided to
Straub with the Amex EveryDay Preferred Credit Card (A copy of the Agreement Between
American Express Credit Cardmember and American Express National Bank is attached hereto
as Exhibit "A").
5. The terms and conditions of the Agreement between the Card Member and
American Express include the following:
a. Straub agreed to be responsible for paying all amounts charged to the Amex
EveryDay Preferred Credit Card Account.
Due"
b. Straub agreed to pay the "Minimum Amount by the due date indicated
on the monthly billing statements mailed by or on behalf of American
Express.
c. Straub agreed that American Express may impose late fees, in amounts set
forth in the Agreement, on all unpaid amounts.
"default"
d. Straub further agreed that, upon (as that term is used in the
Agreement) he/she would pay all reasonable costs incurred by American
Express in protecting itself from any harm it may suffer as a result of any
such default.
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The Default
6. Straub used the Amex EveryDay Preferred Credit Card to charge various items to
the Amex EveryDay Preferred Credit Card Account for which he/she never made payment.
7. American Express sent monthly statements to Straub for the Account, showing
the Minimum Amount Due on the Amex EveryDay Preferred Credit Card Account.
8. The final statement of account was provided to Defendant(s) on or about March
16, 2023.
9. Straub violated the Agreement by refusing to remit the Minimum Amount Due
indicated by the monthly statements.
10. The amount of the last posted payment, if any, made to the Account was
$2,000.00, made on November 3, 2022.
11. The account balance printed on the most recent monthly statement recording a
payment was $5,511.58.
12. Straub's failure to pay the Minimum Amount Due constituted a default under the
Agreement and lead to the account becoming delinquent. As a result, American Express
suspended Straub's charge privileges on the Amex EveryDay Preferred Credit Card Account and
the outstanding balance became due in its entirety.
13. Thus, due to Straub's failure to remit timely payment to American Express, there
is due and owing to American Express the balance of $6,040.85.
14. The Account is not charged-off.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract: )
15. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 14 of this complaint as though fully set forth at length herein.
16. In violation of the Agreement requiring payment of the Minimum Amount Due on
the Amex EveryDay Preferred Credit Card Account, Straub has failed and refused to make the
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payments to American Express as set forth in the Amex EveryDay Preferred Credit Card
monthly statements. As a result, American Express suspended Straub's charge privileges on the
Amex EveryDay Preferred Credit Card Account.
17. Straub agreed to pay for all items charged to the Amex EveryDay Preferred Credit
Card Account. In addition, Straub agreed to pay American Express late fees and court costs in
the event that American Express referred the Amex EveryDay Preferred Credit Card Account to
its attorneys for collection.
18. As set forth above, Straub is currently indebted to American Express for unpaid
charges in the amount of $6,040.85.
19. Despite due demand, Straub has failed and refused to pay American Express any
portion of the amount due and owing.
20. As a result of Straub's failure to pay the amount that he/she owes, American
Express referred its claim against Straub to its attorneys for collection.
21. By reason of the foregoing, American Express is entitled to judgment against
Straub for breach of contract in the sum of $6,040.85, plus court costs.
AS AND FOR A SECOND CAUSE OF ACTION
(Account Stated: )
22. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 21 of this complaint as though fully set forth at length herein.
23. American Express duly issued and sent to Straub, the Amex EveryDay Preferred
Credit Card monthly statements which set forth in detail all items charged to the Amex
EveryDay Preferred Credit Card Account and the total amount due and owing by Straub to
American Express on the Amex EveryDay Preferred Credit Card Account.
24. Straub received the Amex EveryDay Preferred Credit Card monthly statements
without protest and neither objected to them nor indicated that they were erroneous in any
respect. Straub thereby acknowledged that the debt owed to American Express, as set forth in the
Amex EveryDay Preferred Credit Card monthly statements, is true and correct.
File No 4830896
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25. By reason of the foregoing, American Express is entitled to judgment against
Straub for an account stated in the amount of $6,040.85 plus court costs.
AS AND FOR A THIRD CAUSE OF ACTION
(Unjust Enrichment: )
26. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 25 of this complaint as though fully set forth at length herein.
27. Straub benefited from all of the charges made to the Amex EveryDay Preferred
Credit Card Account, has acknowledged receipt of those benefits, and has failed to pay for same.
28. Given Straub's failure to make payment for the outstanding balance owed with
respect to the Amex EveryDay Preferred Credit Card Account, and the fact that Straub was the
beneficiary of all items charged to the Amex EveryDay Preferred Credit Card Account, Straub
would be unjustly enriched to American Express's detriment unless judgment is entered against
them for the full balance due and owing on the Amex EveryDay Preferred Credit Card Account.
29. As set forth above, Straub has been unjustly enriched to American Express's
detriment.
30. By reason of the foregoing, American Express is entitled to judgment against
Straub for unjust enrichment in an amount to be determined at trial, plus court costs.
WHEREFORE, plaintiff AMERICAN EXPRESS NATIONAL BANK requests
judgment against Defendant, RICHARD STRAUB a/k/a RICHARD J STRAUB I as follows:
(i) As for the first cause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against RICHARD STRAUB a/k/a RICHARD J
STRAUB I in the sum of $6,040.85 plus court costs;
(ii) As for the second cause of action of the complaint, plaintiff AMERICAN
EXPRESS NATIONAL BANK requests judgment against RICHARD STRAUB
a/k/a RICHARD J STRAUB I in an amount of $6,040.85 plus court costs;
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(iii) As for the third cause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against RICHARD STRAUB a/k/a RICHARD J
STRAUB I in an amount to be determined at trial, plus court costs; and
(iv) For such other and further relief as this Court deems just and proper.
Dated: March 27, 2023
__Anthony J. Migliaccio, Jr., Esq.
__Benjamin Marashlian, Esq.
XAlexander Fink, Esq.
Staff Attorneys for the Plaintiff,
AMERICAN EXPRESS NATIONAL BANK
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
File No 4830896
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Rule 130-1.1a
Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of
perjury and as an officer of the court that to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of this document or
the contentions therein are not frivolous.
__Anthony J. Migliaccio, Jr., Esq.
Benjamin Marashlian, Esq.
lexander Fink, Esq.
File No 4830896
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
AMERICAN EXPRESS NATIONAL BANK,
Index No.
Plaintiff,
-against-
RICHARD STRAUB
a/k/a RICHARD J STRAUB I
Defendant.
SUMMONS AND COMPLAINT
Plaintiff
AMERICAN EXPRESS LEGAL
__Anthony J. Migliaccio, Jr., Esq.
Benjamin Marashlian, Esq.
lexander Fink, Esq.
Staff Attorneys for the Plaintiff,
American Express National Bank
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
File No 4830896
10 of 10
Preview
FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG AMERICAN EXPRESS NATIONAL BANK, Plaintiff designates Chemung County as the place of trial Plaintiff, Index No. -against- Date Purchased: RICHARD STRAUB a/k/a RICHARD J STRAUB I SUMMONS The basis of the venue designated is: Defendant· of residence. Defendant's place To: RICHARD STRAUB a/k/a RICHARD J STRAUB I 1159 Shannon Avenue Elmira, NY 14904 Plaintiffs' YOU ARE HEREBY SUMMONED and required to serve upon attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered to you in the State of New York, the answer must be served within twenty days after such service of summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint or otherwise appear within the applicable time limitation stated above, a judgment may be entered against you by default for the relief demanded in the complaint without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Chemung, Hazlett Building, Elmira, NY 14901. File No 4830896 1 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 This action is brought in the County of Chemung because it is the place of defendant's residence, with an address at: 1159 Shannon Avenue, Elmira, New York 14904. Dated: March 24, 2023 __Anthony J. Migliaccio, Jr., Esq. Benjamin Marashlian, Esq. lexander Fink, Esq. Staff Attorneys for the Plaintiff, AMERICAN EXPRESS NATIONAL BANK Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 2211d 200 Vesey Street FlOOT New York, NY 10285 877-305-0433 File No 4830896 2 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG AMERICAN EXPRESS NATIONAL BANK, Index No.: Plaintiff, -against- COMPLAINT RICHARD STRAUB a/k/a RICHARD J STRAUB I, Defendant. Plaintiff, AMERICAN EXPRESS NATIONAL BANK ("American Express"), by and through its attorneys, as and for its complaint herein against defendant Richard Straub a/k/a Richard J Straub I ("Straub"), hereby alleges as follows: The Parties 1. AMERICAN EXPRESS NATIONAL BANK ("American Express"), a national bank under the laws of the United States of America with its office located at 115 W. Town Ridge Parkway, Sandy, Utah 84070 (hereinafter singularly or collectively referenced as "American Express"), and is the original creditor. 2. Upon information and belief, at all relevant times, Straub was and is an individual who resides in the State of New York, County of Chemung, at 1159 Shannon Avenue, Elmira, New York 14904. File No 4830896 3 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 The Facts The American Express Amex EvervDay Preferred Credit Card Account 3. At all relevant times, Straub was the holder of an Amex EveryDay Preferred Credit Card (the "Amex EveryDay Preferred Credit Card") that enabled him/her to charge items to the Amex EveryDay Preferred Credit Card account (account no. xxxx-xxxxxx-x8003) (the Card" "Amex EveryDay Preferred Credit Account). 4. By accepting and using the Amex EveryDay Preferred Credit Card, Straub agreed to all of the terms and conditions set forth in the "Agreement Between American Express Credit Bank" Cardmember and American Express National (the "Agreement"), which was provided to Straub with the Amex EveryDay Preferred Credit Card (A copy of the Agreement Between American Express Credit Cardmember and American Express National Bank is attached hereto as Exhibit "A"). 5. The terms and conditions of the Agreement between the Card Member and American Express include the following: a. Straub agreed to be responsible for paying all amounts charged to the Amex EveryDay Preferred Credit Card Account. Due" b. Straub agreed to pay the "Minimum Amount by the due date indicated on the monthly billing statements mailed by or on behalf of American Express. c. Straub agreed that American Express may impose late fees, in amounts set forth in the Agreement, on all unpaid amounts. "default" d. Straub further agreed that, upon (as that term is used in the Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm it may suffer as a result of any such default. File No 4830896 4 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 The Default 6. Straub used the Amex EveryDay Preferred Credit Card to charge various items to the Amex EveryDay Preferred Credit Card Account for which he/she never made payment. 7. American Express sent monthly statements to Straub for the Account, showing the Minimum Amount Due on the Amex EveryDay Preferred Credit Card Account. 8. The final statement of account was provided to Defendant(s) on or about March 16, 2023. 9. Straub violated the Agreement by refusing to remit the Minimum Amount Due indicated by the monthly statements. 10. The amount of the last posted payment, if any, made to the Account was $2,000.00, made on November 3, 2022. 11. The account balance printed on the most recent monthly statement recording a payment was $5,511.58. 12. Straub's failure to pay the Minimum Amount Due constituted a default under the Agreement and lead to the account becoming delinquent. As a result, American Express suspended Straub's charge privileges on the Amex EveryDay Preferred Credit Card Account and the outstanding balance became due in its entirety. 13. Thus, due to Straub's failure to remit timely payment to American Express, there is due and owing to American Express the balance of $6,040.85. 14. The Account is not charged-off. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract: ) 15. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 14 of this complaint as though fully set forth at length herein. 16. In violation of the Agreement requiring payment of the Minimum Amount Due on the Amex EveryDay Preferred Credit Card Account, Straub has failed and refused to make the File No 4830896 5 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 payments to American Express as set forth in the Amex EveryDay Preferred Credit Card monthly statements. As a result, American Express suspended Straub's charge privileges on the Amex EveryDay Preferred Credit Card Account. 17. Straub agreed to pay for all items charged to the Amex EveryDay Preferred Credit Card Account. In addition, Straub agreed to pay American Express late fees and court costs in the event that American Express referred the Amex EveryDay Preferred Credit Card Account to its attorneys for collection. 18. As set forth above, Straub is currently indebted to American Express for unpaid charges in the amount of $6,040.85. 19. Despite due demand, Straub has failed and refused to pay American Express any portion of the amount due and owing. 20. As a result of Straub's failure to pay the amount that he/she owes, American Express referred its claim against Straub to its attorneys for collection. 21. By reason of the foregoing, American Express is entitled to judgment against Straub for breach of contract in the sum of $6,040.85, plus court costs. AS AND FOR A SECOND CAUSE OF ACTION (Account Stated: ) 22. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 21 of this complaint as though fully set forth at length herein. 23. American Express duly issued and sent to Straub, the Amex EveryDay Preferred Credit Card monthly statements which set forth in detail all items charged to the Amex EveryDay Preferred Credit Card Account and the total amount due and owing by Straub to American Express on the Amex EveryDay Preferred Credit Card Account. 24. Straub received the Amex EveryDay Preferred Credit Card monthly statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Straub thereby acknowledged that the debt owed to American Express, as set forth in the Amex EveryDay Preferred Credit Card monthly statements, is true and correct. File No 4830896 6 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 25. By reason of the foregoing, American Express is entitled to judgment against Straub for an account stated in the amount of $6,040.85 plus court costs. AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment: ) 26. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 25 of this complaint as though fully set forth at length herein. 27. Straub benefited from all of the charges made to the Amex EveryDay Preferred Credit Card Account, has acknowledged receipt of those benefits, and has failed to pay for same. 28. Given Straub's failure to make payment for the outstanding balance owed with respect to the Amex EveryDay Preferred Credit Card Account, and the fact that Straub was the beneficiary of all items charged to the Amex EveryDay Preferred Credit Card Account, Straub would be unjustly enriched to American Express's detriment unless judgment is entered against them for the full balance due and owing on the Amex EveryDay Preferred Credit Card Account. 29. As set forth above, Straub has been unjustly enriched to American Express's detriment. 30. By reason of the foregoing, American Express is entitled to judgment against Straub for unjust enrichment in an amount to be determined at trial, plus court costs. WHEREFORE, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Defendant, RICHARD STRAUB a/k/a RICHARD J STRAUB I as follows: (i) As for the first cause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against RICHARD STRAUB a/k/a RICHARD J STRAUB I in the sum of $6,040.85 plus court costs; (ii) As for the second cause of action of the complaint, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against RICHARD STRAUB a/k/a RICHARD J STRAUB I in an amount of $6,040.85 plus court costs; File No 4830896 7 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 (iii) As for the third cause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against RICHARD STRAUB a/k/a RICHARD J STRAUB I in an amount to be determined at trial, plus court costs; and (iv) For such other and further relief as this Court deems just and proper. Dated: March 27, 2023 __Anthony J. Migliaccio, Jr., Esq. __Benjamin Marashlian, Esq. XAlexander Fink, Esq. Staff Attorneys for the Plaintiff, AMERICAN EXPRESS NATIONAL BANK Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 File No 4830896 8 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 Rule 130-1.1a Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of perjury and as an officer of the court that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this document or the contentions therein are not frivolous. __Anthony J. Migliaccio, Jr., Esq. Benjamin Marashlian, Esq. lexander Fink, Esq. File No 4830896 9 of 10 FILED: CHEMUNG COUNTY CLERK 03/29/2023 11:03 AM INDEX NO. 2023-5197 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG AMERICAN EXPRESS NATIONAL BANK, Index No. Plaintiff, -against- RICHARD STRAUB a/k/a RICHARD J STRAUB I Defendant. SUMMONS AND COMPLAINT Plaintiff AMERICAN EXPRESS LEGAL __Anthony J. Migliaccio, Jr., Esq. Benjamin Marashlian, Esq. lexander Fink, Esq. Staff Attorneys for the Plaintiff, American Express National Bank Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 File No 4830896 10 of 10