On August 23, 2021 a
Party Statement
was filed
involving a dispute between
Midland Credit Management, Inc,
and
Sara Kennedy,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Broome County.
Preview
FILED: BROOME COUNTY CLERK 08/24/2022 01:43 PM INDEX NO. EFCA2021002142
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BROOME
INDEX NUMBER EFCA2021002142
Midland Credit Management, Inc
PLAINTIFF, FILE NO. C599913, C599930
-AGAINST- AFFIRMATION
SARA KENNEDY
DEFENDANT.
AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS
David A. Cohen, Esq./Mitchell G. Slamowitz, Esq./Mitchell Selip, Esq., an attorney duly
admitted to the practice of law in the State of New York, hereby affirms the following to be true
pursuant to CPLR § 2106 and under the penalties of perjury states that:
1. The statute of limitations for the first cause of action asserted herein commenced
running on or about August 2, 2019. The statute of limitations for the cause of action asserted
herein is four years based on the law in Nevada, which is where Credit One Bank, N.A., the
original creditor of the Account, is located. The written action was filed on or about August 23,
2021. Based on my reasonable inquiry, I believe the applicable statute of limitations for the
cause of action asserted herein did not expire prior to the filing of this action.
2. The statute of limitations for the second cause of action asserted herein commenced
running on or about August 2, 2019. The statute of limitations for the cause of action asserted
herein is four years based on the law in Nevada, which is where Credit One Bank, N.A., the
original creditor of the Account, is located. The written action was filed on or about August 23,
2021. Based on my reasonable inquiry, I believe the applicable statute of limitations for the
cause of action asserted herein did not expire prior to the filing of this action.
1 of 2
FILED: BROOME COUNTY CLERK 08/24/2022 01:43 PM INDEX NO. EFCA2021002142
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/24/2022
WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the
Defendant(s).
I certify that, to the best of my knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, that the presentation of this judgment and all
papers or the contentions herein are not frivolous as defined in 22 NYC 130-
accompanying §
1-1(a).
Dated: August 22, 2022
David A. Cohen, Esq./Mitche G. itz,
Esq./Mitchell Selip, Esq.
2 of 2
Document Filed Date
August 24, 2022
Case Filing Date
August 23, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: BROOME COUNTY CLERK 08/24/2022 01:43 PM INDEX NO. EFCA2021002142 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BROOME INDEX NUMBER EFCA2021002142 Midland Credit Management, Inc PLAINTIFF, FILE NO. C599913, C599930 -AGAINST- AFFIRMATION SARA KENNEDY DEFENDANT. AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS David A. Cohen, Esq./Mitchell G. Slamowitz, Esq./Mitchell Selip, Esq., an attorney duly admitted to the practice of law in the State of New York, hereby affirms the following to be true pursuant to CPLR § 2106 and under the penalties of perjury states that: 1. The statute of limitations for the first cause of action asserted herein commenced running on or about August 2, 2019. The statute of limitations for the cause of action asserted herein is four years based on the law in Nevada, which is where Credit One Bank, N.A., the original creditor of the Account, is located. The written action was filed on or about August 23, 2021. Based on my reasonable inquiry, I believe the applicable statute of limitations for the cause of action asserted herein did not expire prior to the filing of this action. 2. The statute of limitations for the second cause of action asserted herein commenced running on or about August 2, 2019. The statute of limitations for the cause of action asserted herein is four years based on the law in Nevada, which is where Credit One Bank, N.A., the original creditor of the Account, is located. The written action was filed on or about August 23, 2021. Based on my reasonable inquiry, I believe the applicable statute of limitations for the cause of action asserted herein did not expire prior to the filing of this action. 1 of 2 FILED: BROOME COUNTY CLERK 08/24/2022 01:43 PM INDEX NO. EFCA2021002142 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/24/2022 WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the Defendant(s). I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the presentation of this judgment and all papers or the contentions herein are not frivolous as defined in 22 NYC 130- accompanying § 1-1(a). Dated: August 22, 2022 David A. Cohen, Esq./Mitche G. itz, Esq./Mitchell Selip, Esq. 2 of 2