Preview
FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VOX FUNDING, LLC Index
No.:524928/2020
Plaintiff,
AFFIRMATION OF SERVICE
-against-
American Drywall Services LLC and Adrian Martinez
Defendants
STATE OF NEW YORK
COUNTY OF NEW YORK
Amy Bernardez, hereby affirms, under the penalty of perjury, as follows:
I am the Legal Assistant to the Managing Attorney at The Law Offices of Nicholas
Benedetto, PLLC, attorneys for Plaintiff, am over the age of 18, am not a party to this action, and
am a resident of the State of New York.
On, 02/10/2021, I caused to be served a true and accurate copy of the SUMMONS &
VERIFIED COMPLAINT with NOTICE OF ELECTRONIC FILING upon American Drywall
Services LLC, by certified mail, return receipt requested, by depositing the same in an official
depository under the exclusive care and custody of the United States Postal Service within the
State of New York designated for that purpose, addressed to:
American Drywall Services LLC
11625 Rojas Dr # 2C El Paso, TX 79936
The forgoing method of service was authorized by Defendants under the Merchañt
Agreement, which is the subject to the dispute herein (a copy of which is attached hereto as
Exhibit A). The Appellate Division, Second Department has held that service of process by mail
as per the terms of a written agreement is sufficient and reasonably calculated to apprise a
defendant of the pendency of a lawsuit. See Matter of New York Merchants Protective Co., Inc.,
v. Mima's Kitchen, Inc., 114 A.D.3d 796 (2d Dep't 2014); see also, Matter of Fernandez
(Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep't 1987).
1 of 4
FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
Dated: New York, New York
3/1/2021
Stforn efore me
Notary Public
NICHOLAS BENEDETTO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02BE6393859
Qualified in Kings County
Commissk>n Expires June 24, 2023
2 of 4
FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VOX FUNDING, LLC | Index
No.:524928/2020
Plaintiff,
AFFIRMATION OF SERVICE
-against-
American Drywall Services LLC and Adrian Martinez
Defendants
STATE OF NEW YORK
COUNTY OF NEW YORK
Amy Bernardez, hereby affirms, under the penalty of perjury, as follows:
I am the Legal Assistant to the Managing Attorney at The Law Offices of Nicholas
Benedetto, PLLC, attorneys for Plaintiff, am over the age of 18, am not a party to this action, and
am a resident of the State of New York.
On, 02/10/2021, I caused to be served a true and accurate copy of the SUMMONS &
VERIFIED COMPLAINT with NOTICE OF ELECTRONIC FILING upon Adrian Martinez, by
certified mail, return receipt requested, by depositing the same in an official depository under the
exclusive care and custody of the United States Postal Service within the State of New York
designated for that purpose, addressed to:
Adrian Martinez
401 Irondale Dr A, El Paso, TX, 79912
The forgoing method of service was authorized by Defendants under the Merchant
Agreement, which is the subject to the dispute herein (a copy of which is attached hereto as
Exhibit A). The Appellate Division, Second Department has held that service of process by mail
as per the terms of a written agreement is sufficient and reasonably calculated to apprise a
defendant of the pendency of a lawsuit. See Matter of New York Merchants Protective Co., Inc.,
v. Mima's Kitchen, Inc., 114 A.D.3d 796 (2d Dep't 2014); see also, Matter of Fernandez
(Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep't 1987).
3 of 4
FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
24, June Expires
2023 Comm!ssion
CountyKings
in Qualified
No. Registration
02BE6393859
PUBLIC,
YORKNEW OF STATE NOTARY
BENEDETTO NICHOLAS
4 of 4
Preview
FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VOX FUNDING, LLC Index No.:524928/2020 Plaintiff, AFFIRMATION OF SERVICE -against- American Drywall Services LLC and Adrian Martinez Defendants STATE OF NEW YORK COUNTY OF NEW YORK Amy Bernardez, hereby affirms, under the penalty of perjury, as follows: I am the Legal Assistant to the Managing Attorney at The Law Offices of Nicholas Benedetto, PLLC, attorneys for Plaintiff, am over the age of 18, am not a party to this action, and am a resident of the State of New York. On, 02/10/2021, I caused to be served a true and accurate copy of the SUMMONS & VERIFIED COMPLAINT with NOTICE OF ELECTRONIC FILING upon American Drywall Services LLC, by certified mail, return receipt requested, by depositing the same in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York designated for that purpose, addressed to: American Drywall Services LLC 11625 Rojas Dr # 2C El Paso, TX 79936 The forgoing method of service was authorized by Defendants under the Merchañt Agreement, which is the subject to the dispute herein (a copy of which is attached hereto as Exhibit A). The Appellate Division, Second Department has held that service of process by mail as per the terms of a written agreement is sufficient and reasonably calculated to apprise a defendant of the pendency of a lawsuit. See Matter of New York Merchants Protective Co., Inc., v. Mima's Kitchen, Inc., 114 A.D.3d 796 (2d Dep't 2014); see also, Matter of Fernandez (Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep't 1987). 1 of 4 FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 Dated: New York, New York 3/1/2021 Stforn efore me Notary Public NICHOLAS BENEDETTO NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02BE6393859 Qualified in Kings County Commissk>n Expires June 24, 2023 2 of 4 FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VOX FUNDING, LLC | Index No.:524928/2020 Plaintiff, AFFIRMATION OF SERVICE -against- American Drywall Services LLC and Adrian Martinez Defendants STATE OF NEW YORK COUNTY OF NEW YORK Amy Bernardez, hereby affirms, under the penalty of perjury, as follows: I am the Legal Assistant to the Managing Attorney at The Law Offices of Nicholas Benedetto, PLLC, attorneys for Plaintiff, am over the age of 18, am not a party to this action, and am a resident of the State of New York. On, 02/10/2021, I caused to be served a true and accurate copy of the SUMMONS & VERIFIED COMPLAINT with NOTICE OF ELECTRONIC FILING upon Adrian Martinez, by certified mail, return receipt requested, by depositing the same in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York designated for that purpose, addressed to: Adrian Martinez 401 Irondale Dr A, El Paso, TX, 79912 The forgoing method of service was authorized by Defendants under the Merchant Agreement, which is the subject to the dispute herein (a copy of which is attached hereto as Exhibit A). The Appellate Division, Second Department has held that service of process by mail as per the terms of a written agreement is sufficient and reasonably calculated to apprise a defendant of the pendency of a lawsuit. See Matter of New York Merchants Protective Co., Inc., v. Mima's Kitchen, Inc., 114 A.D.3d 796 (2d Dep't 2014); see also, Matter of Fernandez (Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep't 1987). 3 of 4 FILED: KINGS COUNTY CLERK 03/01/2021 01:10 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 24, June Expires 2023 Comm!ssion CountyKings in Qualified No. Registration 02BE6393859 PUBLIC, YORKNEW OF STATE NOTARY BENEDETTO NICHOLAS 4 of 4