Motion-Secondary: Pearl Delta Funding, Llc v. Peak Title Agency Co. A/K/A PEAK TITLE CO, Tobby Jablonski, Juan Ruiz Jr

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                                FILED: NASSAU COUNTY CLERK 07/19/2023 10:38 PM                                                          INDEX NO. 600378/2023
NYSCEF DOC. NO. 69                                                                               RECEIVED NYSCEF: 07/19/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NASSAU
          -----------------------------------------------------------------------X
          PEARL DELTA FUNDING, LLC,
                                                                                     Index No. 600378/2023
                                                          Plaintiff,
                                                                                     Returnable: 08/4/2023
                                - against –
                                                                                     AFFIRMATION
          PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and
          TOBBY JABLONSKI and JUAN RUIZ JR,                                          IN SUPPORT

                                                        Defendants.
          -----------------------------------------------------------------------X
                   Christopher R, Murray, an attorney duly licensed to practice law before the Courts of the

          State of New York, affirms the truth of the following under penalty of perjury:

                  1.       I am the attorney for Plaintiff, PEARL DELTA FUNDING, LLC, in the above-

          captioned action. I am fully familiar with the facts and circumstances of this action and all prior

          pleadings and proceedings heretofore had herein.

                  2.       I submit this affirmation in support of Plaintiff’s motion for an Order:

                           a. Pursuant to CPLR § 2221(d), granting leave to reargue the partial denial
                                of Plaintiff's motion to dismiss affirmative defenses because the Court's
                                Decision and Order dated June 20, 2023 misapprehended the grounds
                                for   dismissal      of      affirmative   defenses,    and   overlooked     or
                                misapprehended specific contract terms               and controlling appellate
                                authority that are fatal to Defendants' usury defenses.
                           b. Granting Plaintiff such other and further relief as the Court deems just
                                and proper.
                  3.       A true, correct, and complete copy of the parties’ Agreement is attached hereto

          as Exhibit A.

                  4.       True, correct, and complete copies of Plaintiff’s Summons and Verified Complaint

          are attached hereto as Exhibit B.




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FILED: NASSAU COUNTY CLERK 07/19/2023 10:38 PM                                                 INDEX NO. 600378/2023
NYSCEF DOC. NO. 69                                                                       RECEIVED NYSCEF: 07/19/2023




                 5.      A true, correct, and complete copy of Defendants’ Answer is attached hereto as

          Exhibit C.

                 6.      Plaintiff's motion papers, the Defendants' opposition papers, and Plaintiff's reply

          papers are collectively attached hereto as Exhibit D.

                 7.      The Court's Decision and Order dated June 20, 2023, is attached hereto as Exhibit

          E.

                 8.      The Defendants have not filed or served any Notice of Entry and, in any event, The

          Court's Decision and Order dated June 20, 2023 was not entered by the Clerk until June 22, 2023,

          less than thirty days ago.

                 WHEREFORE, Plaintiff respectfully requests that the Court issue an Order:

                         a. Pursuant to CPLR § 2221(d), granting leave to reargue the partial denial
                             of Plaintiff's motion to dismiss affirmative defenses because the Court's
                             Decision and Order dated June 20, 2023 misapprehended the grounds
                             for   dismissal   of   affirmative    defenses,   and     overlooked   or
                             misapprehended specific contract terms        and controlling appellate
                             authority that are fatal to Defendants' usury defenses.
                         b. Granting Plaintiff such other and further relief as the Court deems just
                             and proper.
          Dated: July 19, 2023

                                                                 /s/ Christopher R. Murray
                                                                 Christopher R. Murray, Esq.
                                                                 Murray Legal, PLLC
                                                                 170 Old Country Rd., Suite 608
                                                                 Mineola, New York 11501
                                                                 Tel: (516) 260-7367
                                                                 E-Mail: cmurray@murraylegalpllc.com
          To via NYSCEF:
          Counsel for Defendants
          Dominick Dale, Esq.
          Law Office of Dominick Dale, Esq.
          Attorneys for Defendant




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FILED: NASSAU COUNTY CLERK 07/19/2023 10:38 PM         INDEX NO. 600378/2023
NYSCEF DOC. NO. 69                               RECEIVED NYSCEF: 07/19/2023




          70-02 Nansen Street
          Forest Hills New York 11375
          (917) 816-8327




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