Preview
FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
AMERICAN EXPRESS NATIONAL BANK,
Index No.:2023-00023154
Plaintiff,
-against- STIPULATION
OF SETTLEMENT
ADRIENNE DERUSHA
a/k/a ADRIENNE S DERUSHA,
Defendant,
AMERICAN EXPRESS NATIONAL BANK ("Plaintiff") a national bank
Express"
organized under the laws of the United States, ("American hereinafter), with its
headquarters located at 115 W. Towne Ridge Parkway, Sandy UT 84070.
IT IS HEREBY STIPULATED AND AGREED, by and between the Attorney(s) for
Plaintiff(s) and Defendant(s) and/or the Attorney(s) for the Defendant(s) that this matter
has been discussed and a settlement has been agreed to upon the following terms:
1. Defendant(s) acknowledges service and receipt of the Summons and
Complaint. Defendant(s) hereby withdraws any answer, counterclaim or third-party
complaint and waives any and all offsets, defenses, and claims against Plaintiff(s) and
its/their attorney(s).
2. Defendant(s) agrees to pay Plaintiff the settlement sum of $17,500.00 on
account number xxxx-xxxxxx-x1009. An initial payment of $733.00 was made by July 28,
2023. Thereafter, Defendant(s) agrees to pay Plaintiff(s) consecutive monthly payments of
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FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154
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$729.00 is to be made by 28th of each (and every) month commencing August, 2023
through and including May, 2025. Then, one final payment of $729.00 is to be made by
June 28, 2025.
3. Upon full payment of all paymentsrequired under this agreement,
Plaintiff(s) shall send a notice of dismissal to the Defendant(s) within 30 days. However,
if Defendant(s) fails to make any payment required under this agreement, Plaintiff(s) also
referred to as American Express shall provide Derusha with written notice of the default
and an opportunity to cure via regular mail and certified mail, return receipt requested. If
the event of Default is not cured within ten (10) days from the date of mailing said notice
certified mail, return receipt requested, then upon certification of counsel and without
notice to the Defendant(s), Plaintiff(s) will be entitled to Judgment in the amount of
$24,938.50 as per the Complaint, less any payments made or referenced hereunder, plus
costs. Further, Derusha will only be entitled to a maximum of one (1) notice of default
and opportunity to cure during the lifetime of this Agreement.
4. All payments are to be sent to American Express P.O. Box 119, Suffern,
New York 10901, by check payable to American Express referencing Account Number
xxxx-xxxxxx-x1009 (the "Account").
5. This agreement resolves all claims each signatory party hereto may have
against the other with respect to the Account which is the basis of this action.
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NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023
6. Except for the terms and conditions contained herein Defendant(s)
acknowledges and represents that he possesses no claims, demands, defenses,
counterclaims, or causes of action whatsoever against American Express, its officers,
directors, employees, agents, attorneys, heirs and assigns, pertaining to Account Number
xxxx-xxxxxx-x1009, which are not being resolved pursuant to this Agreement.
Defendant(s) forever waives and relinquishes any and all such claims, whether known or
unknown, and further covenants and agrees that he shall not institute any suit, proceeding
or action at law, equity, arbitration, or otherwise against American Express, or in any way
aid in the institution or prosecution of any claim, demand, or cause of action against
American Express arising directly or indirectly out of or in connection with Account
Number xxxx-xxxxxx-x1009.
7. Except for the terms and conditions contained herein American Express
acknowledges and represents that it possesses no claims, demands, or causes of action
whatsoever against Defendant(s) pertaining to Account Number xxxx-xxxxxx-x1009,
which are not being resolved pursuant to this agreement. Plaintiff(s) forever waives and
relinquishes any and all such claims, whether known or unknown, and further covenants
and agrees that he shall not institute any suit, proceeding or action at law, equity,
arbitration, or otherwise against Defendant(s), or in any way aid in the institution or
prosecution of any claim, demand, or cause of action against Defendant(s) arising directly
or indirectly out of or in connection with Account Number xxxx-xxxxxx-x1009.
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FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154
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This stipulation is in settlement of this action and only against the Defendant(s)
signing this stipulation.
Plaintiff(s) and Defendant(s) have read and agree to the terms set forth above.
DATED: August 3, 2023
Defendant(s)
Plaintiff: American Express
Adrienne Derusha
__Anthony J. Migliaccio, Jr., Esq.
a/k/a Adrienne S Derusha
__Joshua J Knurr, Esq.
65 Dumont Road
__Benjamin Marashlian, Esq.
West Chazy, NY 12992
X_Alexander Fink, Esq.
Staff Attorneys for the Plaintiff
American Express National Bank
Attornió foi D felief f(sT
American Express Legal
877-305-0433
Matthew Higbee
Paramount Law Group Firm
350 10th Avenue Suite 1000
San Diego, CA 92101
Please send all correspondence to:
American Express Legal
P.O. Box 119
Suffern, NY 10901
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Preview
FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON AMERICAN EXPRESS NATIONAL BANK, Index No.:2023-00023154 Plaintiff, -against- STIPULATION OF SETTLEMENT ADRIENNE DERUSHA a/k/a ADRIENNE S DERUSHA, Defendant, AMERICAN EXPRESS NATIONAL BANK ("Plaintiff") a national bank Express" organized under the laws of the United States, ("American hereinafter), with its headquarters located at 115 W. Towne Ridge Parkway, Sandy UT 84070. IT IS HEREBY STIPULATED AND AGREED, by and between the Attorney(s) for Plaintiff(s) and Defendant(s) and/or the Attorney(s) for the Defendant(s) that this matter has been discussed and a settlement has been agreed to upon the following terms: 1. Defendant(s) acknowledges service and receipt of the Summons and Complaint. Defendant(s) hereby withdraws any answer, counterclaim or third-party complaint and waives any and all offsets, defenses, and claims against Plaintiff(s) and its/their attorney(s). 2. Defendant(s) agrees to pay Plaintiff the settlement sum of $17,500.00 on account number xxxx-xxxxxx-x1009. An initial payment of $733.00 was made by July 28, 2023. Thereafter, Defendant(s) agrees to pay Plaintiff(s) consecutive monthly payments of File No. 4778745 1 of 4 FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023 $729.00 is to be made by 28th of each (and every) month commencing August, 2023 through and including May, 2025. Then, one final payment of $729.00 is to be made by June 28, 2025. 3. Upon full payment of all paymentsrequired under this agreement, Plaintiff(s) shall send a notice of dismissal to the Defendant(s) within 30 days. However, if Defendant(s) fails to make any payment required under this agreement, Plaintiff(s) also referred to as American Express shall provide Derusha with written notice of the default and an opportunity to cure via regular mail and certified mail, return receipt requested. If the event of Default is not cured within ten (10) days from the date of mailing said notice certified mail, return receipt requested, then upon certification of counsel and without notice to the Defendant(s), Plaintiff(s) will be entitled to Judgment in the amount of $24,938.50 as per the Complaint, less any payments made or referenced hereunder, plus costs. Further, Derusha will only be entitled to a maximum of one (1) notice of default and opportunity to cure during the lifetime of this Agreement. 4. All payments are to be sent to American Express P.O. Box 119, Suffern, New York 10901, by check payable to American Express referencing Account Number xxxx-xxxxxx-x1009 (the "Account"). 5. This agreement resolves all claims each signatory party hereto may have against the other with respect to the Account which is the basis of this action. File No. 4778745 2 of 4 FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023 6. Except for the terms and conditions contained herein Defendant(s) acknowledges and represents that he possesses no claims, demands, defenses, counterclaims, or causes of action whatsoever against American Express, its officers, directors, employees, agents, attorneys, heirs and assigns, pertaining to Account Number xxxx-xxxxxx-x1009, which are not being resolved pursuant to this Agreement. Defendant(s) forever waives and relinquishes any and all such claims, whether known or unknown, and further covenants and agrees that he shall not institute any suit, proceeding or action at law, equity, arbitration, or otherwise against American Express, or in any way aid in the institution or prosecution of any claim, demand, or cause of action against American Express arising directly or indirectly out of or in connection with Account Number xxxx-xxxxxx-x1009. 7. Except for the terms and conditions contained herein American Express acknowledges and represents that it possesses no claims, demands, or causes of action whatsoever against Defendant(s) pertaining to Account Number xxxx-xxxxxx-x1009, which are not being resolved pursuant to this agreement. Plaintiff(s) forever waives and relinquishes any and all such claims, whether known or unknown, and further covenants and agrees that he shall not institute any suit, proceeding or action at law, equity, arbitration, or otherwise against Defendant(s), or in any way aid in the institution or prosecution of any claim, demand, or cause of action against Defendant(s) arising directly or indirectly out of or in connection with Account Number xxxx-xxxxxx-x1009. File No. 4778745 3 of 4 FILED: CLINTON COUNTY CLERK 08/09/2023 10:12 AM INDEX NO. 2023-00023154 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/09/2023 This stipulation is in settlement of this action and only against the Defendant(s) signing this stipulation. Plaintiff(s) and Defendant(s) have read and agree to the terms set forth above. DATED: August 3, 2023 Defendant(s) Plaintiff: American Express Adrienne Derusha __Anthony J. Migliaccio, Jr., Esq. a/k/a Adrienne S Derusha __Joshua J Knurr, Esq. 65 Dumont Road __Benjamin Marashlian, Esq. West Chazy, NY 12992 X_Alexander Fink, Esq. Staff Attorneys for the Plaintiff American Express National Bank Attornió foi D felief f(sT American Express Legal 877-305-0433 Matthew Higbee Paramount Law Group Firm 350 10th Avenue Suite 1000 San Diego, CA 92101 Please send all correspondence to: American Express Legal P.O. Box 119 Suffern, NY 10901 File No. 4778745 4 of 4