On January 27, 2023 a
Party Statement
was filed
involving a dispute between
Discover Bank,
and
John White,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Steuben County.
Preview
FILED: STEUBEN COUNTY CLERK 07/20/2023 10:31 AM INDEX NO. E2023-0071CV
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/20/2023
SUPREME COURT OF THE STATE OF NEW YORK Court Index No. E2023-0071CV
COUNTY OF STEUBEN
______________________________.._______________________Ç Our File No. DC43137
DISCOVER BANK
AFFIRMATION OF NON-
EXPIRATION OF
STATUTE OF LIMITATIONS
Plaintiff,
-against-
John White
Defendant(s),
________________________________________________Ç
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
The undersigned, pursuant to CPLR § 2106 and under the penalties of perjury, affirms as follows:
1. I am an attorney associated with KIRSCHENBAUM & PHILLIPS, P.C., attorneys for DISCOVER BANK in
the instant action.
2. The cause(s) of action asserted herein accrued on March 6, 2022 in the State of New York. The statute(s) of
limitation for the cause(s) of action asserted herein is 3 years. Based on my reasonable inquiry, I believe the applicable
statute(s) of limitations for the cause(s) of action asserted herein had not expired at the time the instant action was
commenced.
3. This clain is not a consumer debt, the Plaintiff herein requests that the judgment interest rate be calculated
at 0% 2% 9% from the date of entry pursuant to CPLR 5004.
The above statements are true and correct to the best of my personal knowledge.
Dated: May 26, 2023
Farmingdale, New York
JAMES . SCULLY / LOVE AHUJA / IRA SITZER /
STEVEN L. ROSENTHAL / MEREDITH E. UNGER/
JORGE VITUREIRA
KIRSCHENBAUM & PHILLIPS, P.C., Attorneys for Plaintiff
40 DANIEL ST. SUITE 7, P.O. BOX 9000,
1 FARMINGDALE,
of 1 NY 11735-9000 (516) 746-1144
Document Filed Date
July 20, 2023
Case Filing Date
January 27, 2023
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: STEUBEN COUNTY CLERK 07/20/2023 10:31 AM INDEX NO. E2023-0071CV NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/20/2023 SUPREME COURT OF THE STATE OF NEW YORK Court Index No. E2023-0071CV COUNTY OF STEUBEN ______________________________.._______________________Ç Our File No. DC43137 DISCOVER BANK AFFIRMATION OF NON- EXPIRATION OF STATUTE OF LIMITATIONS Plaintiff, -against- John White Defendant(s), ________________________________________________Ç STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) The undersigned, pursuant to CPLR § 2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney associated with KIRSCHENBAUM & PHILLIPS, P.C., attorneys for DISCOVER BANK in the instant action. 2. The cause(s) of action asserted herein accrued on March 6, 2022 in the State of New York. The statute(s) of limitation for the cause(s) of action asserted herein is 3 years. Based on my reasonable inquiry, I believe the applicable statute(s) of limitations for the cause(s) of action asserted herein had not expired at the time the instant action was commenced. 3. This clain is not a consumer debt, the Plaintiff herein requests that the judgment interest rate be calculated at 0% 2% 9% from the date of entry pursuant to CPLR 5004. The above statements are true and correct to the best of my personal knowledge. Dated: May 26, 2023 Farmingdale, New York JAMES . SCULLY / LOVE AHUJA / IRA SITZER / STEVEN L. ROSENTHAL / MEREDITH E. UNGER/ JORGE VITUREIRA KIRSCHENBAUM & PHILLIPS, P.C., Attorneys for Plaintiff 40 DANIEL ST. SUITE 7, P.O. BOX 9000, 1 FARMINGDALE, of 1 NY 11735-9000 (516) 746-1144