On December 02, 2016 a
Motion-Secondary
was filed
involving a dispute between
Manufacturers And Traders Trust Co.,
and
30 - 36 Independence Llc,
Moshe Schweid,
for Other Matters - Contract Non-Commercial
in the District Court of Kings County.
Preview
INDEX NO. 521381/2016
(FILED: KINGS COUNTY CLERK 0371672017 02:48 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/16/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
mene n enn n eect eee nen eccrine eee nen ee rennnennnnneenene
MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff, Index No.
521381/2016
Vv, (Solomon, J.S.C.)
30-36 INDEPENDENCE LLC and AFFIDAVIT OF
MOSHE SCHWEID, MOSHE SCHWEID
Defendants.
~ Xx
MOSHE SCHWEID, being duly sworn, hereby deposes and says:
1 I am a defendant in this action and have personal knowledge of the facts and
circumstances set forth below. I respectfully submit this affidavit in opposition to Plaintiff’s
motion for summary judgment in lieu of complaint for an entry of judgment pursuant to CPLR
§§ 3213 and 5406 (Dkt. No. 9), and request that the Court deny Plaintiff's request to domesticate
an alleged judgment in the amount of $134,538.37 plus interest (the “Alleged Pennsylvania
Judgment”), which Plaintiff alleges it obtained by confession of judgment in an action in the
Court of Common Pleas in the County of Philadelphia, Pennsylvania, Docket No. 160601550
(the “Pennsylvania Action”).
2. Plaintiff's motion should be denied because | did not receive proper notice of the
Pennsylvania Action. I was never served with the application for Judgment by Confession that
was filed in Pennsylvania or, as claimed by Plaintiff, personally served with the Alleged
Pennsylvania Judgment. As such, I have been denied the opportunity to contest the validity of
the Alleged Pennsylvania Judgment.
3619461
1 of 2
INDEX NO. 521381/2016
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/16/2017
Mar 16 2017 12:26PM HP FaxSchweis (718:6245195" page 2
Te: Pages 40f4 2017-03-17 07:18:52 GMT +14 Moses and Singer LLP From: Willle Footman
3 In light of the foregoing, Plaintiff's motion for summary judgment in lieu of
complaint should be denied in all respects,
MOSHE SCHWEID
Sworn to before me
On March 16, 2017
Notary Public
3619461
2 of 2
Document Filed Date
March 16, 2017
Case Filing Date
December 02, 2016
Category
Other Matters - Contract Non-Commercial
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INDEX NO. 521381/2016 (FILED: KINGS COUNTY CLERK 0371672017 02:48 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/16/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS mene n enn n eect eee nen eccrine eee nen ee rennnennnnneenene MANUFACTURERS AND TRADERS TRUST CO., Plaintiff, Index No. 521381/2016 Vv, (Solomon, J.S.C.) 30-36 INDEPENDENCE LLC and AFFIDAVIT OF MOSHE SCHWEID, MOSHE SCHWEID Defendants. ~ Xx MOSHE SCHWEID, being duly sworn, hereby deposes and says: 1 I am a defendant in this action and have personal knowledge of the facts and circumstances set forth below. I respectfully submit this affidavit in opposition to Plaintiff’s motion for summary judgment in lieu of complaint for an entry of judgment pursuant to CPLR §§ 3213 and 5406 (Dkt. No. 9), and request that the Court deny Plaintiff's request to domesticate an alleged judgment in the amount of $134,538.37 plus interest (the “Alleged Pennsylvania Judgment”), which Plaintiff alleges it obtained by confession of judgment in an action in the Court of Common Pleas in the County of Philadelphia, Pennsylvania, Docket No. 160601550 (the “Pennsylvania Action”). 2. Plaintiff's motion should be denied because | did not receive proper notice of the Pennsylvania Action. I was never served with the application for Judgment by Confession that was filed in Pennsylvania or, as claimed by Plaintiff, personally served with the Alleged Pennsylvania Judgment. As such, I have been denied the opportunity to contest the validity of the Alleged Pennsylvania Judgment. 3619461 1 of 2 INDEX NO. 521381/2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/16/2017 Mar 16 2017 12:26PM HP FaxSchweis (718:6245195" page 2 Te: Pages 40f4 2017-03-17 07:18:52 GMT +14 Moses and Singer LLP From: Willle Footman 3 In light of the foregoing, Plaintiff's motion for summary judgment in lieu of complaint should be denied in all respects, MOSHE SCHWEID Sworn to before me On March 16, 2017 Notary Public 3619461 2 of 2