Document for Buffalo Biodiesel Inc. v. 7th Street Family Restaurant, Llc D/B/A 7th Street Family Restaurant

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                                FILED: ERIE COUNTY CLERK 07/31/2023 04:23 PM                                                         INDEX NO. 807093/2022
NYSCEF DOC. NO. 10                                                                           RECEIVED NYSCEF: 07/31/2023




          STATE OF NEW YORK
          SUPREME COURT : COI.INTY OF ERIE


            Ilt ll F.ALO BIODIIISI:1. IN('.                                    AFFIRMATION IN SUPPORT
                                                                               OF PLAINTII-F'S MOTION
                                                      Plaintiff.               FOR I)EFAULT J T]D(;M E,NT

                                                                               Indcr No. 807091/1022
            T
             III STRITFT FAMIt,Y RESTAI.]RANT. t,I-C
            dlb l a 7tt' Street Fami ly Restaurant

                                                      Dcf'cndant.



                   Cory J. Missell. Esq. an attorney duly admitted to practice law before the Courts of the

          State   ofNew York hereby affirms, under the penalties ofperiury and pursuant to CPLR 2106,                  as


          follows:

                     I   .   I am an attorney for Plaintiff Buffalo Biodiesel Inc. ("Plaintiffl' or "Butlalo

          Biodiesel"), and as such. I am familiar with all the facts and circumstances in this matter.

                   2.        I make this Affimration in support of Plaintit'f s motion for an Order: (i) pursuant

          to CPLR 321 5 directing the entry of Judgment in favor of Plaintiff and against Defendant            7rh


          Street Family Restaurant, LLC ("Defendant") for the relief demanded in the Complaint; and                  (ii)

          for such other reliefthis Court deemsjust and proper.

                   3.        Plaintiff commenced this action against Delendant by filing a Summons and

          Verified Complaint on Jtne 22.2022, copies of which are attached as Exhibit A.

                   4.        The Summons and Verified Complaint were served on Defendant on June 30.

          2022. A copy of the Af-fidavit of Service is attached as Exhibit B.

                     5.      Pursuant to CPLR 3215(g), Defendant was served with copies        ofthe Summons

          and Verified Complaint on September 14,2022, more than twenty (20) days before the entry                    of
          judgment. A copy of the Affidavit of Service is attached       as   Exhibit C.




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FILED: ERIE COUNTY CLERK 07/31/2023 04:23 PM                                                        INDEX NO. 807093/2022
NYSCEF DOC. NO. 10                                                                        RECEIVED NYSCEF: 07/31/2023




                 6.      The time for Defendant to appear or answer expired, and Defendant did not

          appear or answer the Complaint. Further, the time to appear has not been extended.

                 7.      The parties have not resolved the dispute since that time. Plaintiffbrings this

          application forjudgment in the amount of$18,779.06. as set fbrth in detail in the accompanying

          Affidavit of Sumit Majumdar.

                 8.      No prior application has been made for the reliefrequested therein.

                 9.      Based upon the foregoing,   Plaintiffis entitled to the reliefbeing requested.



          Dated:     Buffalo, New York
                     July 18.2023




                                                                                    issell. Ilsq.




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FILED: ERIE COUNTY CLERK 07/31/2023 04:23 PM                                                 INDEX NO. 807093/2022
NYSCEF DOC. NO. 10                                                                   RECEIVED NYSCEF: 07/31/2023




                                    CERTI FICATE OF COMPLIANCE
                                     WI'TH T]NIFORM RI.ILE 2O2.8-b


         This afllrmation complies with Unifbrm Rute 202.8-b because it contains 348 words, excluding
         the caption, table of contents, table olauthorities, and signature block. The word count was
         generated by the word-processing system used to prepare this affirmation.



         Dated:   Buffalo. New York
                  July 18,2023



                                                By:
                                                      Co ry.1           q
                                                      A              nt ill BulJiilo Biodiasel
                                                      225 Sawyer Avenue
                                                      Tonawanda. New York l4l 50
                                                      Telephone No.: (716) 272-3386
                                                      Cory.Missell@bullalobiodiesel.com




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