Preview
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021
INDEX NO. 034654/2021
FILED : ROCKLAND COUNTY CLERK 09 / 20 / 2021 05 : 2 9 AM)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
CAVALRY SPV I, LLC, AS ASSIGNEE OF
CITIBANK, N.A. Index No. 034654/2021
Plaintiff,
ANSWER
-against -
JOEL WAGSCHAL,
Defendants.
COMES NOW Defendant, JOEL WAGSCHAL ("Defendant"), by and through his
attorney, Scott C. Levenson, Esq. of Levenson Law, LLC, hereby submits this Answer to the
Complaint submitted by Plaintiff, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A.
"Plaintiff"
(hereinafter, or "CAVALRY"). All allegations not specifically admitted by this Answer
are generally denied. As and for Defendant's Answer to the Complaint of Plaintiff, respectively
shows to this Court and alleges as follows:
1. Defendant admits on information and belief as to the truth of the allegations set
forth in paragraph 1 of the Complaint.
2. Defendant admits on information and belief as to the truth of the allegations set
forth in paragraph 2 of the Complaint.
3. Defendant does not have enough information to confinn or deny the allegations set
forth in paragraph 3 of the Complaint.
[INTENTIONALLY LEFT BLANK]
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AS AND FOR A RESPONSE TO PLAINTIFF'S FIRST CAUSE OF ACTION
4. Defendants assert that the document referenced in paragraph 4 speaks for itself,
and respectfully refer the Court to any documents referenced in paragraph 4 for a full and complete
statement of their tenns and conditions.
5. Defendants assert that the document referenced in paragraph 5 speaks for itself, and
respectfully refer the Court to any documents referenced in paragraph 5 for a full and complete
statement of their terms and conditions.
6. Defendants assert that the documents referenced in paragraph 6 speak for
themselves, and respectfully refer the Court to any documents referenced in paragraph 6 for a full
and complete statement of their terms and conditions.
7. Defendants assert that the document referenced in paragraph 7 speaks for itself, and
respectfully refer the Court to any documents referenced in paragraph 7 for a full and complete
statement of their terms and conditions.
8. Defendants deny on information and belief as to the truth of the allegations set forth
in paragraph 8 of the Complaint.
AFFIRMATIVE DEFENSES
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. Plaintiff fails to state a claim upon which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. Defendants fulfilled all of their respective duties and obligations, if any, to the
Plaintiff.
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FILED ROCKLAND CLERK INDEX NO. 034654/2021
: COUNTY 09 /20 / 2021 05 : 29 ANd
NYSCEF DOC. No. 5 RECEIVED NYSCEF: 09/20/2021
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
attorneys'
11. Plaintiffs are barred from collecting, among other things, interest and its
fees, as well as other fees and expenses Plaintiffs may seek to collect from Defendants as a result
of inequitable actions taken by the Plaintiffs which precipitated this breach of contract action.
Those actions include, but are not limited to, plaintiff's own breach of contract, unjust enrichment,
breach of fiduciary duties, and failure to mitigate its damages.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Plaintiffs'
12. Plaintiff's Complaint is barred, in whole or in part, by unclean hands.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
13. Should Defendants be found liable to Plaintiff, which liability is expressly denied,
Defendants are entitled to have any award against it abated, reduced or eliminated to the extent
that Plaintiffs own negligence, carelessness, malpractice, failure to mitigate, fault or defects
caused damages to Defendants.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
14. Plaintiff's claims are barred in whole or in part by the doctrine of estoppel.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
15. Plaintiff's claims are barred in whole or in part by waiver.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
16. Plaintiff's claims are barred in whole or in part by the doctrine of laches.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
17. Plaintiff's Complaint is barred for lack of personal jurisdiction.
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FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
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INDEX NO. 034654/2021
FILED : ROCKLAND COUNTY CLERK 09/20/2021 05: 2 9 Ali
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
18. Plaintiff's Cemphint is barred because the contract between the parties
"A."
contains an Arbitration Clause. Attach as Exhibit is a terms and conditions which
__
apply to the underlying agreement between Plaintiff and CITIBANK (The Original
Creditor of the underlying debt.)
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
19. Plaintiff's Complaint is barred for lack of personal jurisdiction. Plaintiff was not
served with the summons and complaint. The Affiant of the Affidavit of Service claims to have
served an individual who refused to give his name and refused to accept the paperwork.
20. Defendant denies being served with the underlying action.
AS AND FOR A TWELVTH AFFIRMATIVE DEFENSE
21. Defendants may have additional affirmative defenses that cannot be articulated due
to the generality of Plaintiff's Complaint, the failure of Plaintiff to provide information about the
underlying claims, the absence of documents, and/or the stage of this litigation. Accordingly,
Defendants reserve the right to supplement the foregoing and to assert additional affirmative
defenses as may appear after the causes of action are particularized and after discovery of
information conceming the matters set forth in the Complaint.
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FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021
FILED INDEX NO. 034654/2021
: ROCKLAND COUNTY CLERK 09/20/2021 05: 29 AM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021
WHEREFORE, Defendants demands dismissal of Plaintiff's claims against Defendants,
and for costs of suit, attorney's fees, and such other equitable relief as this honorable Court may
deem necessary andjust.
Dated: New York, New York
September 20, 2021
Yours, etc.
LEVENSON LAW GROUP
/s/ Scott Levenson
By: Scott Levenson, Esq.
Attorney for Defendant
515t
625 West Street
New York, NY 10019
(347) 352-2470
Levensonlawgroup@gmail.com
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INDEX NO. 03 4 6 5 4 / 2 0 21
FILED: ROCKLAND COUNTY CLERK 09/20/2021 05:29 AM)
NYSC po to . Fe v - e• e e21
Card Agreement Guide
This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not
intended to be a complete summary of the Card Agreement's contents, and we encourage you toread your entire Card Agreement, including the
arbitration provision, before you use your Account.
DEFINITIONS CREDIT REPORTING
Lists the meanings of particular phrases and terms Describes what information we provide about you to
1 used in the Card Agreement. credit reporting agencies, and how to dispute items on
your report. This section also explains how we use
information we get about you from those agencies.
YOUR ACCOUNT
Describes some of your responsibilities for using
your Account. ACCOUNT INFORMATION, INFORMATION
SHARING & COMMUNICATIONS
9 Explains that your personal information we use to
manage your Account should always be up to date.
ANNUAL PERCENTAGE RATES
Also notes that we share information about you and
& INTEREST CHARGES
3 Shows how we calculate interest rates and how that
your Account.
we may contact you.
In addition, this section describes how
affects your Account balance.
TRANSACTIONS
FEES & FOREIGN CURRENCY CONVERSION Provides important information about merchant credits,
Describes the fees that can be applied to your Account,
4 recurring Transactions and card refusals.
including late fees, returned payment fees, as well as
foreign transaction fees for Purchases not in U.S. dollars.
ARBITRATION
Explains that you cannot go to court, have a jury trial or
PAYMENTS 1 initiate or participate in a class action if you have a
Shows how your monthly Minimum Payment Due is dispute with us. Instead, this provision tells you that the
5 calculated, tells you how we apply your payments to
dispute must be resolved by a professional arbitrator,
not a judge or jury. This section also explains how
balances, and gives you certain instructions for making
payments (and tells you the possible consequences of arbitration works and some of the differences between
not following those instructions). resolving a dispute in arbitration and resoMng one
in court.
AUTHOREED USERS
, AGREEMENT & BENEFIT CHANGES
Describes an Authorized User s rights and your
6 responsibility for that user. Also describes what
Explains
Agreement
that we can make changes
and your card benefits
to the Card
and features.
information we can share about you and your
Authorized User. -
MISCELLANEOUS
Explains subjects that aren't included in
DEFAULT, CLOSING OR SUSPENDING
13 previous sections.
YOUR ACCOUNT
7 Tells you when we may require immediate payment of
your total Accountbalance, and explains when we may
YOUR BILLING RIGHTS
close or suspend your Account, and when you may close
Explains your billing rights, which include how to
your Account.
address possible statement mistakes and your rights
if you're not satisfied with a Purchase.
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021
INDEX NO. 034654/2021
FILED: ROCKLAND COUNTY CLERK 09/20/2021 05:29 AM|
NYSC p• Le • t a a L - e* e 821
Card Agreement
This Card Agreement (Agreerñêrá) is your contract with us.
The Facts about Interest and Fees document (Fact Sheet) is part of this Agreement. The Fact Sheet shows important information about your Account,
such as your annual percentage rates and certain fees. Any amendments to this Agreement also are part of this Agreement.
Please read all parts of this Agrasmsñt, !ñdüdag the arbitration previs|ca, and keep it for your records.
Note: ThroughouttheAgreement are examples, helpful tips and additionalexplanations
that will make theAgreement easierto understand.
1
DEFINmONS
Account - Your Citi Account. Citi Flex Pay - Eligible Transactions that you select to be paid under a
Citi Flex Plan.
Adjusted New Balance - Your New Balance less any Citi Flex Plan
balance. Citi Flex Plan - A feature on your Account to pay Citi Flex Loans or Citi
Flex Pay amounts in fixed payments over a defined number of Billing
Annual Percentage Rate (APR) -A rate, shown as a percentage, used
Periods subject to a Citi Flex Plan APR.
to calculate interest on the balance on your Account.
Consumer Reporting Agency -An organization, such as Experian,
Authorized User - Any person you allow to use your Account with a
Equifax and TransUnion, that compiles credit information for the purpose
Card we provided wnh that person's name.
of generating consumer credit reports. It's also known as a "credit
Balance Transfer - Use of a Balance Transfer offer, including use of a bureau"
and a "credit reporting
agency."
check that accesses your Account for any transaction, or the transfer of
Include and including - These terms mean "include [or
a balance from another credit account to your Account. including]
limitation."
without
- The period of time between each date when we create
Billing Period
Late Payment - A payment is late if you don't pay at least an amount
a statement for your Account. A Billing Period is usually 28 -33 days.
equal to the Minimum Payment Due minus any Overlimit Amount by the
For each Billing Period, your statement will show any Transactions, other
payment due date.
charges, payments and other credits posted during that Billing Period.
- New Balance -The total amount you owe us at the end of each Billing
Business Day Monday through Friday, excluding federal holidays.
Period. This amount is shown on each statement under the heading
Card - One or more cards or other devices (including an account "New
Balance."
We explain how we calculate the New Balance below.
number) used to access your Account to obtain credit.
Overlimit Amount - The amount by which your Account balance
Card Networks - Organizations, such as Mastercard, Visa and exceeds your credit limit in any Billing Period.
American Express, that facilitate the payment process between a
Purchase - Use of your Card to buy goods and services. Balance
cardmember, merchants and a card issuer.
Transfers and Cash Advances are not Purchases.
Cash Advance - Use of your Card to get cash, including foreign
Returned Payment - A payment that isn't honored by your
currency, or for what we consider a cash-like transaction. Examples
financial institution.
include using your Card for: ATM and teller withdrawals, wire transfers,
money orders, traveler's checks, lottery tickets, gaming chips and other Transaction -A Balance Transfer, Cash Advance, Purchase or Citi Flex
methods used for gambling, wagers and other betting transactions. A Citi Plan, as applicable.
Flex Loan is not a Cash Advance.
we, us and our- Citibank, N.A.
Citi Flex Loan - Funds provided to you by check or by direct deposit
you and your - The cardmember who opened the Account.
that you select to be charged to your Account and repaid under a Citi
Flex Plan. Balance Transfers and Cash Advances are not Citi Flex
Loans.
You'll find definitions of other terms within this Ag;zsment.
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021
INDEX NO. 034654/2021
FILED: ROCKLAND COUNTY CLERK 09/20/2021 05: 29 Al
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09 / 2 0 / 2021
Your Account use is subject to this Agr6âinsat. You must pay us for Citi Flex Plan. Your ability to create a Citi Flex Plan will depend on the
all amounts due on your Account, :ñc|üdii,ÿ. amount of your available credit, creditworthiness, and other factors. We
1. Transactions you make, even if you didn't present your Card or sign may limit the number of active Citi Flex Plans you can have and we may
change this number at any time. There are two ways to create a Citi Flex
for the Transaction;
Plan -Citi Flex Pay and Citi Flex Loan.
2. Transactions an Authorized User makes;
With Citi Flex Pay, you can pay for eligible Transactions under a Citi
3. Transactions that other people make if you or an Authorized User let Flex Plan. An eligible Transaction for Citi Flex Pay must be a Purchase of
them use your Account; and at least a specNied dollar amount and does not include a Purchase of
4. Any fees and interest charges on the Account. cash or cash equivalent, a Purchase subject to Foreign Transaction Fees
or any fee owed to us. Other exclusions may apply.
Binding Agrasmsñt. This Agreement takes effect once you use your With Citi Flex Loan, you can use your Account's credit line to access
Card. Even if you don't use your Card, this Agreement will take effect funds and pay such funds under a Citi Flex Plan. You can only create a
unless you contact us to cancel your Account within 30 days after we Citi Flex Loan if you receive an offer. The offer will tell you the terms,
sent you this Agreement.
including the APR, that will apply to that Citi Flex Loan.
Credit Limit We assign a credit limit to your Account. Part of this credit Unlawful Transactions. You aren't permitted to use your Account for
limit may be available for Cash Advances, and there may be a limit on unlawful Transactions. If you do use your Account for unlawful
the amount of Cash Advances you can take in a given period. We
Transactions, this Agreement still applies and you must pay us for those
may authorize Transactions that cause your balance to exceed your Transactions. You also may have to pay the Card Network and/or us for
credit limit·
any damages and expenses resulting from that use. In addition, we may
close your Account.
ACCOUNT USE Mobile Phone or Other Devices. Smart phones, tablets and other
a an ac o av a e e u e e
ou h ve a s r any d or exp ses es
ages ng ro at
not responsible If you violate those terms, or for any consequences
use. In addition, we may also close your Account.
resulting from any violation.
Note: it'simportant to protect your devices the same way you protect your Card.
Anyone who can accessyour Card using your device also can make charges to your Account using that device.
3
ANNUAL PERCENTAGE RATES & INTEREST CHARGES
The fo||owir.g sections explain how we ce!ce!ete the interest you
How is a variable APR calculated?
owe each Billing Penod.
If the U.S. Prime Rate published in the WSJ two Business Days
APRs. We use APRs to calculate interest charges on your Account.
before the end of a Billing Period is 5%; and
Different APRs may apply to different Transactions. See the listing of your
If the Margin is 13.99%; then
APRs on the Fact Sheet.
Add the two together to calculate a variable APR:
Variable APRs. A variable APR is an APR that can change each Billing
5% + 13.99% = 18.99%
Period. We calculate each variable APR first by taking the U.S. Prime
Rate from The Wall Street Joumal (WSJ) two Business Days before the
last day of each Billing Period. (lf the WSJ doesn't publish the U.S. Prime If the U.S. Prime Rate changes, well apply the new variable APR starting
Rate that day, then well use another publication.) Then we add to the from the first day of the Billing Period when we take the U.S. Prime Rate
U.S. Prime Rate a certain percentage amount, which we call the Margin- from the WSJ. The new APR will apply to existing balances, as well as
You can find the Margin we use for your Account in the Details About balances added to your Account after the change.
Your Interest Rate section of the Fact Sheet. Your variable APRs will
increase if the U.S. Prime Rate increases and decrease if the U.S. Prime Penalty APR. If you have a Late or a Returned Payment, we may apply
a penalty APR to your Account. We determine your penalty APR based
Rate decreases. If a variable APR increases, then your interest charges
on your creditworthiness.
and Minimum Payment Due may increase.
gg continued on next page
2
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021
INDEX NO. 034654/2021
FILED: ROCKLAND COUNTY CLERK 09/20/2021 OS:29 Ali
NYSChcti90 .-1@U$L PERCENTAGE RATES & INTEREST CHARGES (coñtiñüêd) RECEIVED NYSCEF: 09/20/ 2021
• • We subtract
Penalty APR for new Transactions (less than 60 days late). any credits or payments credited as of that day.
If you make a Late Payment and it's less than 60 days late or you • We make additional adjustments as appropriate, subject to applicable
have a Retumed Payment, the penalty APR only will apply to new
law (as an example, for a disputed charge). This gives us the daily
Transactions. We'll review your Account from time to time, to
balance for that day.
determine if any penalty APR should be reduced.
•
Penalty APR for existing balances and new Transections (60 or
Daily balance for purchases from the previous day
more days late). If we haven't received your Minimum Payment Due + New purchases
within 60 days after its due date, we may apply the penalty APR to + Fees and interest accrued on the previous day's Purchase balance
both the existing balances and new Transactions. If you make your - Payments, credits and adjustments posted that
Preview
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED : ROCKLAND COUNTY CLERK 09 / 20 / 2021 05 : 2 9 AM) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. Index No. 034654/2021 Plaintiff, ANSWER -against - JOEL WAGSCHAL, Defendants. COMES NOW Defendant, JOEL WAGSCHAL ("Defendant"), by and through his attorney, Scott C. Levenson, Esq. of Levenson Law, LLC, hereby submits this Answer to the Complaint submitted by Plaintiff, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. "Plaintiff" (hereinafter, or "CAVALRY"). All allegations not specifically admitted by this Answer are generally denied. As and for Defendant's Answer to the Complaint of Plaintiff, respectively shows to this Court and alleges as follows: 1. Defendant admits on information and belief as to the truth of the allegations set forth in paragraph 1 of the Complaint. 2. Defendant admits on information and belief as to the truth of the allegations set forth in paragraph 2 of the Complaint. 3. Defendant does not have enough information to confinn or deny the allegations set forth in paragraph 3 of the Complaint. [INTENTIONALLY LEFT BLANK] 1 of 5 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED : ROCKLAND COUNTY CLERK 0 9/20/2021 05: 2 9 AM| NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021 AS AND FOR A RESPONSE TO PLAINTIFF'S FIRST CAUSE OF ACTION 4. Defendants assert that the document referenced in paragraph 4 speaks for itself, and respectfully refer the Court to any documents referenced in paragraph 4 for a full and complete statement of their tenns and conditions. 5. Defendants assert that the document referenced in paragraph 5 speaks for itself, and respectfully refer the Court to any documents referenced in paragraph 5 for a full and complete statement of their terms and conditions. 6. Defendants assert that the documents referenced in paragraph 6 speak for themselves, and respectfully refer the Court to any documents referenced in paragraph 6 for a full and complete statement of their terms and conditions. 7. Defendants assert that the document referenced in paragraph 7 speaks for itself, and respectfully refer the Court to any documents referenced in paragraph 7 for a full and complete statement of their terms and conditions. 8. Defendants deny on information and belief as to the truth of the allegations set forth in paragraph 8 of the Complaint. AFFIRMATIVE DEFENSES AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. Plaintiff fails to state a claim upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. Defendants fulfilled all of their respective duties and obligations, if any, to the Plaintiff. 2 of 6 2 of 5 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 FILED ROCKLAND CLERK INDEX NO. 034654/2021 : COUNTY 09 /20 / 2021 05 : 29 ANd NYSCEF DOC. No. 5 RECEIVED NYSCEF: 09/20/2021 AS AND FOR A THIRD AFFIRMATIVE DEFENSE attorneys' 11. Plaintiffs are barred from collecting, among other things, interest and its fees, as well as other fees and expenses Plaintiffs may seek to collect from Defendants as a result of inequitable actions taken by the Plaintiffs which precipitated this breach of contract action. Those actions include, but are not limited to, plaintiff's own breach of contract, unjust enrichment, breach of fiduciary duties, and failure to mitigate its damages. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Plaintiffs' 12. Plaintiff's Complaint is barred, in whole or in part, by unclean hands. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 13. Should Defendants be found liable to Plaintiff, which liability is expressly denied, Defendants are entitled to have any award against it abated, reduced or eliminated to the extent that Plaintiffs own negligence, carelessness, malpractice, failure to mitigate, fault or defects caused damages to Defendants. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 14. Plaintiff's claims are barred in whole or in part by the doctrine of estoppel. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 15. Plaintiff's claims are barred in whole or in part by waiver. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 16. Plaintiff's claims are barred in whole or in part by the doctrine of laches. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 17. Plaintiff's Complaint is barred for lack of personal jurisdiction. 3of6 3 of 5 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED : ROCKLAND COUNTY CLERK 09/20/2021 05: 2 9 Ali NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 18. Plaintiff's Cemphint is barred because the contract between the parties "A." contains an Arbitration Clause. Attach as Exhibit is a terms and conditions which __ apply to the underlying agreement between Plaintiff and CITIBANK (The Original Creditor of the underlying debt.) AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 19. Plaintiff's Complaint is barred for lack of personal jurisdiction. Plaintiff was not served with the summons and complaint. The Affiant of the Affidavit of Service claims to have served an individual who refused to give his name and refused to accept the paperwork. 20. Defendant denies being served with the underlying action. AS AND FOR A TWELVTH AFFIRMATIVE DEFENSE 21. Defendants may have additional affirmative defenses that cannot be articulated due to the generality of Plaintiff's Complaint, the failure of Plaintiff to provide information about the underlying claims, the absence of documents, and/or the stage of this litigation. Accordingly, Defendants reserve the right to supplement the foregoing and to assert additional affirmative defenses as may appear after the causes of action are particularized and after discovery of information conceming the matters set forth in the Complaint. 4of6 4 of 5 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 FILED INDEX NO. 034654/2021 : ROCKLAND COUNTY CLERK 09/20/2021 05: 29 AM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/20/2021 WHEREFORE, Defendants demands dismissal of Plaintiff's claims against Defendants, and for costs of suit, attorney's fees, and such other equitable relief as this honorable Court may deem necessary andjust. Dated: New York, New York September 20, 2021 Yours, etc. LEVENSON LAW GROUP /s/ Scott Levenson By: Scott Levenson, Esq. Attorney for Defendant 515t 625 West Street New York, NY 10019 (347) 352-2470 Levensonlawgroup@gmail.com 5 of 6 5 of 5 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 03 4 6 5 4 / 2 0 21 FILED: ROCKLAND COUNTY CLERK 09/20/2021 05:29 AM) NYSC po to . Fe v - e• e e21 Card Agreement Guide This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to be a complete summary of the Card Agreement's contents, and we encourage you toread your entire Card Agreement, including the arbitration provision, before you use your Account. DEFINITIONS CREDIT REPORTING Lists the meanings of particular phrases and terms Describes what information we provide about you to 1 used in the Card Agreement. credit reporting agencies, and how to dispute items on your report. This section also explains how we use information we get about you from those agencies. YOUR ACCOUNT Describes some of your responsibilities for using your Account. ACCOUNT INFORMATION, INFORMATION SHARING & COMMUNICATIONS 9 Explains that your personal information we use to manage your Account should always be up to date. ANNUAL PERCENTAGE RATES Also notes that we share information about you and & INTEREST CHARGES 3 Shows how we calculate interest rates and how that your Account. we may contact you. In addition, this section describes how affects your Account balance. TRANSACTIONS FEES & FOREIGN CURRENCY CONVERSION Provides important information about merchant credits, Describes the fees that can be applied to your Account, 4 recurring Transactions and card refusals. including late fees, returned payment fees, as well as foreign transaction fees for Purchases not in U.S. dollars. ARBITRATION Explains that you cannot go to court, have a jury trial or PAYMENTS 1 initiate or participate in a class action if you have a Shows how your monthly Minimum Payment Due is dispute with us. Instead, this provision tells you that the 5 calculated, tells you how we apply your payments to dispute must be resolved by a professional arbitrator, not a judge or jury. This section also explains how balances, and gives you certain instructions for making payments (and tells you the possible consequences of arbitration works and some of the differences between not following those instructions). resolving a dispute in arbitration and resoMng one in court. AUTHOREED USERS , AGREEMENT & BENEFIT CHANGES Describes an Authorized User s rights and your 6 responsibility for that user. Also describes what Explains Agreement that we can make changes and your card benefits to the Card and features. information we can share about you and your Authorized User. - MISCELLANEOUS Explains subjects that aren't included in DEFAULT, CLOSING OR SUSPENDING 13 previous sections. YOUR ACCOUNT 7 Tells you when we may require immediate payment of your total Accountbalance, and explains when we may YOUR BILLING RIGHTS close or suspend your Account, and when you may close Explains your billing rights, which include how to your Account. address possible statement mistakes and your rights if you're not satisfied with a Purchase. FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED: ROCKLAND COUNTY CLERK 09/20/2021 05:29 AM| NYSC p• Le • t a a L - e* e 821 Card Agreement This Card Agreement (Agreerñêrá) is your contract with us. The Facts about Interest and Fees document (Fact Sheet) is part of this Agreement. The Fact Sheet shows important information about your Account, such as your annual percentage rates and certain fees. Any amendments to this Agreement also are part of this Agreement. Please read all parts of this Agrasmsñt, !ñdüdag the arbitration previs|ca, and keep it for your records. Note: ThroughouttheAgreement are examples, helpful tips and additionalexplanations that will make theAgreement easierto understand. 1 DEFINmONS Account - Your Citi Account. Citi Flex Pay - Eligible Transactions that you select to be paid under a Citi Flex Plan. Adjusted New Balance - Your New Balance less any Citi Flex Plan balance. Citi Flex Plan - A feature on your Account to pay Citi Flex Loans or Citi Flex Pay amounts in fixed payments over a defined number of Billing Annual Percentage Rate (APR) -A rate, shown as a percentage, used Periods subject to a Citi Flex Plan APR. to calculate interest on the balance on your Account. Consumer Reporting Agency -An organization, such as Experian, Authorized User - Any person you allow to use your Account with a Equifax and TransUnion, that compiles credit information for the purpose Card we provided wnh that person's name. of generating consumer credit reports. It's also known as a "credit Balance Transfer - Use of a Balance Transfer offer, including use of a bureau" and a "credit reporting agency." check that accesses your Account for any transaction, or the transfer of Include and including - These terms mean "include [or a balance from another credit account to your Account. including] limitation." without - The period of time between each date when we create Billing Period Late Payment - A payment is late if you don't pay at least an amount a statement for your Account. A Billing Period is usually 28 -33 days. equal to the Minimum Payment Due minus any Overlimit Amount by the For each Billing Period, your statement will show any Transactions, other payment due date. charges, payments and other credits posted during that Billing Period. - New Balance -The total amount you owe us at the end of each Billing Business Day Monday through Friday, excluding federal holidays. Period. This amount is shown on each statement under the heading Card - One or more cards or other devices (including an account "New Balance." We explain how we calculate the New Balance below. number) used to access your Account to obtain credit. Overlimit Amount - The amount by which your Account balance Card Networks - Organizations, such as Mastercard, Visa and exceeds your credit limit in any Billing Period. American Express, that facilitate the payment process between a Purchase - Use of your Card to buy goods and services. Balance cardmember, merchants and a card issuer. Transfers and Cash Advances are not Purchases. Cash Advance - Use of your Card to get cash, including foreign Returned Payment - A payment that isn't honored by your currency, or for what we consider a cash-like transaction. Examples financial institution. include using your Card for: ATM and teller withdrawals, wire transfers, money orders, traveler's checks, lottery tickets, gaming chips and other Transaction -A Balance Transfer, Cash Advance, Purchase or Citi Flex methods used for gambling, wagers and other betting transactions. A Citi Plan, as applicable. Flex Loan is not a Cash Advance. we, us and our- Citibank, N.A. Citi Flex Loan - Funds provided to you by check or by direct deposit you and your - The cardmember who opened the Account. that you select to be charged to your Account and repaid under a Citi Flex Plan. Balance Transfers and Cash Advances are not Citi Flex Loans. You'll find definitions of other terms within this Ag;zsment. FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED: ROCKLAND COUNTY CLERK 09/20/2021 05: 29 Al NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09 / 2 0 / 2021 Your Account use is subject to this Agr6âinsat. You must pay us for Citi Flex Plan. Your ability to create a Citi Flex Plan will depend on the all amounts due on your Account, :ñc|üdii,ÿ. amount of your available credit, creditworthiness, and other factors. We 1. Transactions you make, even if you didn't present your Card or sign may limit the number of active Citi Flex Plans you can have and we may change this number at any time. There are two ways to create a Citi Flex for the Transaction; Plan -Citi Flex Pay and Citi Flex Loan. 2. Transactions an Authorized User makes; With Citi Flex Pay, you can pay for eligible Transactions under a Citi 3. Transactions that other people make if you or an Authorized User let Flex Plan. An eligible Transaction for Citi Flex Pay must be a Purchase of them use your Account; and at least a specNied dollar amount and does not include a Purchase of 4. Any fees and interest charges on the Account. cash or cash equivalent, a Purchase subject to Foreign Transaction Fees or any fee owed to us. Other exclusions may apply. Binding Agrasmsñt. This Agreement takes effect once you use your With Citi Flex Loan, you can use your Account's credit line to access Card. Even if you don't use your Card, this Agreement will take effect funds and pay such funds under a Citi Flex Plan. You can only create a unless you contact us to cancel your Account within 30 days after we Citi Flex Loan if you receive an offer. The offer will tell you the terms, sent you this Agreement. including the APR, that will apply to that Citi Flex Loan. Credit Limit We assign a credit limit to your Account. Part of this credit Unlawful Transactions. You aren't permitted to use your Account for limit may be available for Cash Advances, and there may be a limit on unlawful Transactions. If you do use your Account for unlawful the amount of Cash Advances you can take in a given period. We Transactions, this Agreement still applies and you must pay us for those may authorize Transactions that cause your balance to exceed your Transactions. You also may have to pay the Card Network and/or us for credit limit· any damages and expenses resulting from that use. In addition, we may close your Account. ACCOUNT USE Mobile Phone or Other Devices. Smart phones, tablets and other a an ac o av a e e u e e ou h ve a s r any d or exp ses es ages ng ro at not responsible If you violate those terms, or for any consequences use. In addition, we may also close your Account. resulting from any violation. Note: it'simportant to protect your devices the same way you protect your Card. Anyone who can accessyour Card using your device also can make charges to your Account using that device. 3 ANNUAL PERCENTAGE RATES & INTEREST CHARGES The fo||owir.g sections explain how we ce!ce!ete the interest you How is a variable APR calculated? owe each Billing Penod. If the U.S. Prime Rate published in the WSJ two Business Days APRs. We use APRs to calculate interest charges on your Account. before the end of a Billing Period is 5%; and Different APRs may apply to different Transactions. See the listing of your If the Margin is 13.99%; then APRs on the Fact Sheet. Add the two together to calculate a variable APR: Variable APRs. A variable APR is an APR that can change each Billing 5% + 13.99% = 18.99% Period. We calculate each variable APR first by taking the U.S. Prime Rate from The Wall Street Joumal (WSJ) two Business Days before the last day of each Billing Period. (lf the WSJ doesn't publish the U.S. Prime If the U.S. Prime Rate changes, well apply the new variable APR starting Rate that day, then well use another publication.) Then we add to the from the first day of the Billing Period when we take the U.S. Prime Rate U.S. Prime Rate a certain percentage amount, which we call the Margin- from the WSJ. The new APR will apply to existing balances, as well as You can find the Margin we use for your Account in the Details About balances added to your Account after the change. Your Interest Rate section of the Fact Sheet. Your variable APRs will increase if the U.S. Prime Rate increases and decrease if the U.S. Prime Penalty APR. If you have a Late or a Returned Payment, we may apply a penalty APR to your Account. We determine your penalty APR based Rate decreases. If a variable APR increases, then your interest charges on your creditworthiness. and Minimum Payment Due may increase. gg continued on next page 2 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/23/2021 INDEX NO. 034654/2021 FILED: ROCKLAND COUNTY CLERK 09/20/2021 OS:29 Ali NYSChcti90 .-1@U$L PERCENTAGE RATES & INTEREST CHARGES (coñtiñüêd) RECEIVED NYSCEF: 09/20/ 2021 • • We subtract Penalty APR for new Transactions (less than 60 days late). any credits or payments credited as of that day. If you make a Late Payment and it's less than 60 days late or you • We make additional adjustments as appropriate, subject to applicable have a Retumed Payment, the penalty APR only will apply to new law (as an example, for a disputed charge). This gives us the daily Transactions. We'll review your Account from time to time, to balance for that day. determine if any penalty APR should be reduced. • Penalty APR for existing balances and new Transections (60 or Daily balance for purchases from the previous day more days late). If we haven't received your Minimum Payment Due + New purchases within 60 days after its due date, we may apply the penalty APR to + Fees and interest accrued on the previous day's Purchase balance both the existing balances and new Transactions. If you make your - Payments, credits and adjustments posted that