On December 30, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Metro Collection Service Inc,
and
Matthew D Merrihew,
for Special Proceedings - Other (Domesticate Foreign Judgm)
in the District Court of Warren County.
Preview
FILED: WARREN COUNTY CLERK 07/01/2021 03:49 PM INDEX NO. EF2020-68584
NYSCEF DOC. NO. 13 STATE OF NEw YORK
RECEIVED NYSCEF: 07/01/2021
SUPREME COURT CHAMBERS
WARREN COUNTY MUNICIPAL CENTER
1340 STATE ROUTE 9
IAKE GEORGE, NY 12845
(518) 480-6346
ChambersRMuller@nycourts.gov
ROBERT J. MULLER JENNIFER P. JERAM
JUSTICE Principal Law Clerk
ELAINE A. MADISON
Secretary to Justice
July 1, 2021
VIA NYSCEF AND EMAIL
Adam Nichols, Esq.
Law Offices of Steven Cohen LLC
540 East 180th Street, Suite 203
Bronx, New York 10457
RE: Metro Collection Service, Inc. v Merrihew
Index No. EF2020-68584
IUI No. 56-1-2021-0117
Dear Counselor:
The Court has reviewed plaintiff's motion for a default judgment in the above-referenced
matter, returnable April 15, 2021. Please submit the following in further support thereof:
• While the complaint in the Colorado action requests interest at the rate of the
18%,
Judgment"
"Transcript of fails to indicate that interest was awarded at the rate of
18%. The Transcript in fact contains nothing relative to interest. Please submit proof
that the Judgment entered in Colorado included interest at the rate of 18% per annum,
compounded annually.
• The Court has reviewed Hospital Serv. Plan of N J. v Warehouse Prod. & Sales
Empls. Union (76 AD2d 882 [1980]), and notes that a contrary conclusion was
reached in both Wells Fargo & Co. v Davis (105 NY 670 [1887]) and Cahn v Cahn
(119 Misc 2d 150 [Civ Ct, Bronx County 1983]). Please submit a memorandum of
law in support of your position that interest should continue to accrue on the
Judgment in New York at the rate of 18% per annum, compounded annually.
• The Court notes that the action in Colorado was against both defendant Matthew D.
Szabo"
Merrihew (hereinafter defendant) and "William Szabo III aka William with
12804."
an address of "9 Vista Court Queensbury, New York Kindly advise as to
why plaintiff is only seeking to domesticate the Colorado Judgment with respect to
defendant.
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FILED: WARREN COUNTY CLERK 07/01/2021 03:49 PM INDEX NO. EF2020-68584
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/01/2021
Hon. Robert J. Muller
July 1, 2021
Page 2 of 2
obligation,"
• To the extent that this action is "based upon nonpayment of a contractual
please provide proof that defendant was served with additional notice pursuant to
CPLR 3215 (g) (3) (i).
It is further requested that these items be submitted within thirty (30) days of the date of
this correspondence.
Thank you for your attention to the foregoing.
Very trul yours,
RP. RAM
Principal Law Clerk
2 of 2
Document Filed Date
July 01, 2021
Case Filing Date
December 30, 2020
Category
Special Proceedings - Other (Domesticate Foreign Judgm)
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Preview
FILED: WARREN COUNTY CLERK 07/01/2021 03:49 PM INDEX NO. EF2020-68584 NYSCEF DOC. NO. 13 STATE OF NEw YORK RECEIVED NYSCEF: 07/01/2021 SUPREME COURT CHAMBERS WARREN COUNTY MUNICIPAL CENTER 1340 STATE ROUTE 9 IAKE GEORGE, NY 12845 (518) 480-6346 ChambersRMuller@nycourts.gov ROBERT J. MULLER JENNIFER P. JERAM JUSTICE Principal Law Clerk ELAINE A. MADISON Secretary to Justice July 1, 2021 VIA NYSCEF AND EMAIL Adam Nichols, Esq. Law Offices of Steven Cohen LLC 540 East 180th Street, Suite 203 Bronx, New York 10457 RE: Metro Collection Service, Inc. v Merrihew Index No. EF2020-68584 IUI No. 56-1-2021-0117 Dear Counselor: The Court has reviewed plaintiff's motion for a default judgment in the above-referenced matter, returnable April 15, 2021. Please submit the following in further support thereof: • While the complaint in the Colorado action requests interest at the rate of the 18%, Judgment" "Transcript of fails to indicate that interest was awarded at the rate of 18%. The Transcript in fact contains nothing relative to interest. Please submit proof that the Judgment entered in Colorado included interest at the rate of 18% per annum, compounded annually. • The Court has reviewed Hospital Serv. Plan of N J. v Warehouse Prod. & Sales Empls. Union (76 AD2d 882 [1980]), and notes that a contrary conclusion was reached in both Wells Fargo & Co. v Davis (105 NY 670 [1887]) and Cahn v Cahn (119 Misc 2d 150 [Civ Ct, Bronx County 1983]). Please submit a memorandum of law in support of your position that interest should continue to accrue on the Judgment in New York at the rate of 18% per annum, compounded annually. • The Court notes that the action in Colorado was against both defendant Matthew D. Szabo" Merrihew (hereinafter defendant) and "William Szabo III aka William with 12804." an address of "9 Vista Court Queensbury, New York Kindly advise as to why plaintiff is only seeking to domesticate the Colorado Judgment with respect to defendant. 1 of 2 FILED: WARREN COUNTY CLERK 07/01/2021 03:49 PM INDEX NO. EF2020-68584 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/01/2021 Hon. Robert J. Muller July 1, 2021 Page 2 of 2 obligation," • To the extent that this action is "based upon nonpayment of a contractual please provide proof that defendant was served with additional notice pursuant to CPLR 3215 (g) (3) (i). It is further requested that these items be submitted within thirty (30) days of the date of this correspondence. Thank you for your attention to the foregoing. Very trul yours, RP. RAM Principal Law Clerk 2 of 2