Preview
FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
___________________________________________________________________________
MID-HUDSON VALLEY FEDERAL CREDIT UNION,
AFFIDAVIT
Plaintiff,
Index No.: 2021-53809
-against-
ROGER P. KIGHT,
Defendant.
___________________________________________________________________________
STATE OF NEW YORK )
)SS:
COUNTYOFULSTER )
Hilary Nichols, being duly sworn, deposes and says:
1. I am the Loss Mitigation Manager of the Mid-Hudson Valley Federal Credit Union (the
"Plaintiff"), and in such capacity am fully familiar with the facts and proceedings heretofore had
herein.
2. I submit this Affidavit in support of Plaintiff's Motion for Summary Judgment requesting
an Order pursuant to CPLR 3212, in favor of Plaintiff and against Defendant Roger P. Kight for
a money judgment in the amount of $16,513.10 with interest thereon from June 16, 2021 at
attorneys'
12.74% per annum, reasonable fees and collections costs in the amount of $3,302.62,
together with interest thereon, and the costs and disbursements of this action.
3. Plaintiff seeks to obtain payment of monies overdue from Defendant Roger P. Kight
("Defendant") consequent to a credit account agreement entered with Plaintiff by Defendant.
Upon a review of our records kept in the ordinary course of business, Defendant entered this
agreement on May 15, 2014 (the "Credit Agreement"). Annexed hereto and made a part hereof
"5"
as Exhibit is the charge off statement on Defendant's account. Annexed hereto and made a
1
CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW
35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110
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FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023
"6"
part hereof as Exhibit are just some of the monthly statements sent to Defendant ranging
from January of 2020 through November of 2021.
4. Plaintiff made a line of credit available to Defendant and the aforementioned statements
were sent to Defendant in the ordinary course of our business. Upon a review of our records,
Defendant accepted these statements and retained them without objecting to them. Further, as
demonstrated throughout the statements, Defendant made payments pursuant to them. See
Exhibit 6.
5. The Credit Agreement and each statement sent to Defendant states that the VISA Credit
Card Terms & Conditions govern the account. See Exhibit 5. Annexed hereto and made a part
"7"
hereof as Exhibit is a copy of the VISA Credit Card Terms & Conditions.
6. The VISA Credit Card Terms & Conditions provides that Defendant shall make a
monthly payment to Plaintiff, the minimum amount being the larger of $25.00 or 1.67% of the
total amount of purchases, advances and late charges. See Exhibit 7.
15th
7. The interest rate on this account is 12.74% and the monthly payment is due on the
day of each month. See Exhibit 5.
8. Defendant completely ceased making any payments on his Credit Agreement to Plaintiff
after his last payment made on April 28, 2021, in the amount of $40.00. No cure has been
tendered by Defendant, despite Plaintiff's demand for payment.
9. Upon examination of Plaintiff's records, there is an unpaid balance due to Plaintiff from
Defendant, pursuant to the Credit Agreement, in the amount of $16,513.10 with interest thereon
from June 16, 2021 at 12.74% per annum.
10. My knowledge of the facts of this action are based upon my review of Plaintiff's business
records, which were made in the regular course of Plaintiff's business, and it is in the regular
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CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW
35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110
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FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809
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course of Plaintiff's business to make such entries, and all the entries to these records were made
at the time of the act, transaction, occurrence, or event, or within a reasonable time thereafter.
11. Defendant has not tendered any payments due on the Credit Agreement since he became
delinquent in May of 2021.
12. It is respectfully requested that the Court grant Plaintiff legal fees in connection with
commencing this action.
"8"
13. Section of the VISA Credit Card Terms & Conditions states:
You will be in default under this agreement if any of the following events shall occur: (a) if you fail
to comply with the minimum payment or any other terms or conditions of this Agreement or any
other obligation you have or will have with us...The credit union may demand immediate payment of
the full balance upon your failure to pay the minimum amount due on time or exceeding your credit
limit without our permission. If the credit union asks that any amount owed be paid because one of
the above events occurred, and the credit union refers the claim for collection to an attorney, you will
be liable for any collection costs, including court costs and reasonable attorney fees...
See Exhibit 7.
14. Plaintiff was required to hire Corbally, Gartland and Rappleyea, LLP to commence this
action in order to collect on Defendant's delinquent account.
15. Plaintiff respectfully asserts that Defendant has filed his answer solely for the purpose of
hindering or delaying Plaintiff in its attempt to collect the monies due. As demonstrated by this
Affidavit, the Affirmation of Ryan T. Dwan, and the accompanying Memorandum of Law, there
are no genuine triable issues of fact. As such, Plaintiff respectfully submits that it is entitled to
summary judgment against Defendant.
WHEREFORE, Plaintiff respectfully requests an Order pursuant to CPLR 3212 awarding
Plaintiff, Mid-Hudson Valley Federal Credit Union, a money judgment against Defendant Roger
P. Kight in the amount of $16,513.10 with interest thereon from June 16, 2021 at 12.74% per
attorneys'
annum, reasonable fees and collections costs in the amount of $3,302.62, together
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CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW
35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 4541110
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with interest thereon, the costs and disbursements of this action, and for such other and further
relief as this Court may deem just and proper.
[Remainder of Page Intentionally Left Blank)
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CORBALLY,GARTLAND AND RAPPLEVEA,LLP " ATTORNEYSAND COUNSELORSAT LAW
35 MARKET STREET " POUGHKEEPSlE,NEW YORK 12601 " (845) 454-1110
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Sworn to before me this
lay of Tu a , 2023
Notary Public
K'MBERLY KElZER
of NewYork
Notary Public, State
No. 01KE6378802
Qualified in Ulster County
Commission Expires July 30, 202
4
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023
CERTIFICATION
In accordance with 22 NYCRR §202.8-b(c), I certify that this document complies with 22
NYCRR §202.8-b(a), as it contains less than 7,000 words, exclusive of the caption and signature
block, Specifically, this document contains 861 words, as established using the word count
feature available on the word processing software used to pre re it
Ryan T. Dwan, Esq.
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CORBALLY,GARTLAND AND RAPPLEVEA,LLP " ATTORNEYSAND COUNSELORSAT LAW
. 35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110
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Preview
FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ___________________________________________________________________________ MID-HUDSON VALLEY FEDERAL CREDIT UNION, AFFIDAVIT Plaintiff, Index No.: 2021-53809 -against- ROGER P. KIGHT, Defendant. ___________________________________________________________________________ STATE OF NEW YORK ) )SS: COUNTYOFULSTER ) Hilary Nichols, being duly sworn, deposes and says: 1. I am the Loss Mitigation Manager of the Mid-Hudson Valley Federal Credit Union (the "Plaintiff"), and in such capacity am fully familiar with the facts and proceedings heretofore had herein. 2. I submit this Affidavit in support of Plaintiff's Motion for Summary Judgment requesting an Order pursuant to CPLR 3212, in favor of Plaintiff and against Defendant Roger P. Kight for a money judgment in the amount of $16,513.10 with interest thereon from June 16, 2021 at attorneys' 12.74% per annum, reasonable fees and collections costs in the amount of $3,302.62, together with interest thereon, and the costs and disbursements of this action. 3. Plaintiff seeks to obtain payment of monies overdue from Defendant Roger P. Kight ("Defendant") consequent to a credit account agreement entered with Plaintiff by Defendant. Upon a review of our records kept in the ordinary course of business, Defendant entered this agreement on May 15, 2014 (the "Credit Agreement"). Annexed hereto and made a part hereof "5" as Exhibit is the charge off statement on Defendant's account. Annexed hereto and made a 1 CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW 35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110 1 of 6 FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 "6" part hereof as Exhibit are just some of the monthly statements sent to Defendant ranging from January of 2020 through November of 2021. 4. Plaintiff made a line of credit available to Defendant and the aforementioned statements were sent to Defendant in the ordinary course of our business. Upon a review of our records, Defendant accepted these statements and retained them without objecting to them. Further, as demonstrated throughout the statements, Defendant made payments pursuant to them. See Exhibit 6. 5. The Credit Agreement and each statement sent to Defendant states that the VISA Credit Card Terms & Conditions govern the account. See Exhibit 5. Annexed hereto and made a part "7" hereof as Exhibit is a copy of the VISA Credit Card Terms & Conditions. 6. The VISA Credit Card Terms & Conditions provides that Defendant shall make a monthly payment to Plaintiff, the minimum amount being the larger of $25.00 or 1.67% of the total amount of purchases, advances and late charges. See Exhibit 7. 15th 7. The interest rate on this account is 12.74% and the monthly payment is due on the day of each month. See Exhibit 5. 8. Defendant completely ceased making any payments on his Credit Agreement to Plaintiff after his last payment made on April 28, 2021, in the amount of $40.00. No cure has been tendered by Defendant, despite Plaintiff's demand for payment. 9. Upon examination of Plaintiff's records, there is an unpaid balance due to Plaintiff from Defendant, pursuant to the Credit Agreement, in the amount of $16,513.10 with interest thereon from June 16, 2021 at 12.74% per annum. 10. My knowledge of the facts of this action are based upon my review of Plaintiff's business records, which were made in the regular course of Plaintiff's business, and it is in the regular 2 CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW 35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110 2 of 6 FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 course of Plaintiff's business to make such entries, and all the entries to these records were made at the time of the act, transaction, occurrence, or event, or within a reasonable time thereafter. 11. Defendant has not tendered any payments due on the Credit Agreement since he became delinquent in May of 2021. 12. It is respectfully requested that the Court grant Plaintiff legal fees in connection with commencing this action. "8" 13. Section of the VISA Credit Card Terms & Conditions states: You will be in default under this agreement if any of the following events shall occur: (a) if you fail to comply with the minimum payment or any other terms or conditions of this Agreement or any other obligation you have or will have with us...The credit union may demand immediate payment of the full balance upon your failure to pay the minimum amount due on time or exceeding your credit limit without our permission. If the credit union asks that any amount owed be paid because one of the above events occurred, and the credit union refers the claim for collection to an attorney, you will be liable for any collection costs, including court costs and reasonable attorney fees... See Exhibit 7. 14. Plaintiff was required to hire Corbally, Gartland and Rappleyea, LLP to commence this action in order to collect on Defendant's delinquent account. 15. Plaintiff respectfully asserts that Defendant has filed his answer solely for the purpose of hindering or delaying Plaintiff in its attempt to collect the monies due. As demonstrated by this Affidavit, the Affirmation of Ryan T. Dwan, and the accompanying Memorandum of Law, there are no genuine triable issues of fact. As such, Plaintiff respectfully submits that it is entitled to summary judgment against Defendant. WHEREFORE, Plaintiff respectfully requests an Order pursuant to CPLR 3212 awarding Plaintiff, Mid-Hudson Valley Federal Credit Union, a money judgment against Defendant Roger P. Kight in the amount of $16,513.10 with interest thereon from June 16, 2021 at 12.74% per attorneys' annum, reasonable fees and collections costs in the amount of $3,302.62, together 3 CORBALLY,GARTLAND AND RAPPLEYEA,LLP " ATTORNEYSAND COUNSELORSAT LAW 35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 4541110 3 of 6 FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 with interest thereon, the costs and disbursements of this action, and for such other and further relief as this Court may deem just and proper. [Remainder of Page Intentionally Left Blank) 4 CORBALLY,GARTLAND AND RAPPLEVEA,LLP " ATTORNEYSAND COUNSELORSAT LAW 35 MARKET STREET " POUGHKEEPSlE,NEW YORK 12601 " (845) 454-1110 4 of 6 FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 Sworn to before me this lay of Tu a , 2023 Notary Public K'MBERLY KElZER of NewYork Notary Public, State No. 01KE6378802 Qualified in Ulster County Commission Expires July 30, 202 4 5 of 6 FILED: DUTCHESS COUNTY CLERK 04/13/2023 12:00 PM INDEX NO. 2021-53809 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/13/2023 CERTIFICATION In accordance with 22 NYCRR §202.8-b(c), I certify that this document complies with 22 NYCRR §202.8-b(a), as it contains less than 7,000 words, exclusive of the caption and signature block, Specifically, this document contains 861 words, as established using the word count feature available on the word processing software used to pre re it Ryan T. Dwan, Esq. 6 CORBALLY,GARTLAND AND RAPPLEVEA,LLP " ATTORNEYSAND COUNSELORSAT LAW . 35 MARKET STREET " POUGHKEEPSIE,NEW YORK 12601 " (845) 454-1110 6 of 6