Preview
FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------____-__--_________---------------------________-----Ç
RICHARD N. TANNENBAUM, P.C.,
Index No.619619/2023
Plaintiff,
-against- AFFIRMATION
IN SUPPORT OF NOTICE
OF MOTION IN LIEU OF
COMPLAINT
JEFFREY PULVER,
Defendant.
--___-----------______----______-----------------___--________-_________Ç
RICHARD N. TANNENBAUM, an attorney duly licensed to practice law before the
courts of the State of New York, hereby affirms the following to be true pursuant to the penalties
of perjury:
1. I am the Plaintiff in the above captioned matter, and, as such, have personal
knowledge of all of the facts and circumstances relating hereto.
2. I submit this Affirmation in support of the within notice of motion for summary
judgment in lieu of complaint pursuant to CPLR § 3213. The statute provides, in relevant part,
that "when an action is based upon an instrument for the payment of money only or upon any
judgment, the plaintiff may serve with the summons a notice of motion for summary judgment
and the supporting papers in lieu of complaint".
3. On December 3, 2021, the Defendant, a former client, signed a Promissory Note for
$18,000 to be repaid no later than December 3, 2023. A copy of the Note is attached hereto as
"A"
Exhibit and clearly depicts the date, names of Borrower and Lender, principal amount,
interest and maturity date.
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FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023
4. Further, the last paragraph of the Note (Exhibit "A") states that New York law
governs, that any action arising out of the Note is subject to the exclusive venue of courts located
in Nassau County, New York, and that the parties each submit and irrevocably consent to the
jurisdiction of such courts.
5. I emailed both the Defendant and his current attorney over a month ago notifying
them of the impending maturity date of December 3, 2023 and requesting that the debt be
satisfied, but to no avail. Copies of an email exchange (attached hereto as Exhibit "B") between
the Defendant and myself on October 24, 2023 and November 21, 2023 evidence my request that
this be resolved, and then, after not hearing back for a month, show my follow-up reminding
Defendant how I cooperated with him two years ago in providing 20 boxes of documents to his
new lawyer. At that time, I agreed to reduce the outstanding balance of his fee owed my office in
return for a payment then coupled with the Promissory Note which is at issue now.
6. The Defendant responded by email dated November 21, 2023 that his current divorce
case is (still) not settled, that he has no access to funds and "there is no money to offer you".
Clearly, the Defendant has no intention of paying his obligation pursuant to the Note.
7. Nevertheless, I sent out a formal Demand on the due date of December 3, 2023, a
copy of which is attached hereto as Exhibit "C". It is now past the two (2) year maturity date
period and the Defendant has not paid the $18,000 due pursuant to his unconditional obligation
to pay in accordance with the terms of the Note.
8. I submit there is no issue of material fact that can be raised in opposition to the within
motion.
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FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023
9. Under CPLR 3213, a plaintiff establishes its prima facie entitlement to judgment as a
matter of law with respect to a promissory note if it shows the existence of a promissory note,
executed by the defendant, containing an unequivocal and unconditional obligation to repay, and
the failure by the defendant to pay in accordance with the notes terms. Torto Note Member, LLC
(2nd
v. Babad, 192 A.D.3d 843, 144 N.Y.S.3d 193 Dept. 2021); See also Seidman v. Ungar, 246
(2nd
A.D.2d 641, 666 N.Y.S.2d 963 (Mem) Dept. 1998). Plainitff has established these elements
and its right to judgment as a matter of law.
10. Pursuant to the terms of the Note (page 1), in the event of enforcement, the Borrower
shall pay all costs of collection including reasonable attorney's fees and court costs in addition to
other amounts due. The notice of motion seeks such costs in addition to the primcipal amount of
$18,000 due.
10. Based on the foregoing exhibits attached hereto and the applicable law, the
Plaintifft's motion should be granted as there exist no genuine issues of material fact. Judgment
should be granted as a matter of law.
WHEREFORE, it is respectfully requested that the Plaintiff's notice of motion be granted
in its entirety together with such other and further relief as to the Court may seem just and
proper.
Dated: Garden City New York
December , 2023
RIC RD . T NNENBAUM
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Preview
FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------____-__--_________---------------------________-----Ç RICHARD N. TANNENBAUM, P.C., Index No.619619/2023 Plaintiff, -against- AFFIRMATION IN SUPPORT OF NOTICE OF MOTION IN LIEU OF COMPLAINT JEFFREY PULVER, Defendant. --___-----------______----______-----------------___--________-_________Ç RICHARD N. TANNENBAUM, an attorney duly licensed to practice law before the courts of the State of New York, hereby affirms the following to be true pursuant to the penalties of perjury: 1. I am the Plaintiff in the above captioned matter, and, as such, have personal knowledge of all of the facts and circumstances relating hereto. 2. I submit this Affirmation in support of the within notice of motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The statute provides, in relevant part, that "when an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of complaint". 3. On December 3, 2021, the Defendant, a former client, signed a Promissory Note for $18,000 to be repaid no later than December 3, 2023. A copy of the Note is attached hereto as "A" Exhibit and clearly depicts the date, names of Borrower and Lender, principal amount, interest and maturity date. 1 of 3 FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023 4. Further, the last paragraph of the Note (Exhibit "A") states that New York law governs, that any action arising out of the Note is subject to the exclusive venue of courts located in Nassau County, New York, and that the parties each submit and irrevocably consent to the jurisdiction of such courts. 5. I emailed both the Defendant and his current attorney over a month ago notifying them of the impending maturity date of December 3, 2023 and requesting that the debt be satisfied, but to no avail. Copies of an email exchange (attached hereto as Exhibit "B") between the Defendant and myself on October 24, 2023 and November 21, 2023 evidence my request that this be resolved, and then, after not hearing back for a month, show my follow-up reminding Defendant how I cooperated with him two years ago in providing 20 boxes of documents to his new lawyer. At that time, I agreed to reduce the outstanding balance of his fee owed my office in return for a payment then coupled with the Promissory Note which is at issue now. 6. The Defendant responded by email dated November 21, 2023 that his current divorce case is (still) not settled, that he has no access to funds and "there is no money to offer you". Clearly, the Defendant has no intention of paying his obligation pursuant to the Note. 7. Nevertheless, I sent out a formal Demand on the due date of December 3, 2023, a copy of which is attached hereto as Exhibit "C". It is now past the two (2) year maturity date period and the Defendant has not paid the $18,000 due pursuant to his unconditional obligation to pay in accordance with the terms of the Note. 8. I submit there is no issue of material fact that can be raised in opposition to the within motion. 2 2 of 3 FILED: NASSAU COUNTY CLERK 12/05/2023 12:39 PM INDEX NO. 619619/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/05/2023 9. Under CPLR 3213, a plaintiff establishes its prima facie entitlement to judgment as a matter of law with respect to a promissory note if it shows the existence of a promissory note, executed by the defendant, containing an unequivocal and unconditional obligation to repay, and the failure by the defendant to pay in accordance with the notes terms. Torto Note Member, LLC (2nd v. Babad, 192 A.D.3d 843, 144 N.Y.S.3d 193 Dept. 2021); See also Seidman v. Ungar, 246 (2nd A.D.2d 641, 666 N.Y.S.2d 963 (Mem) Dept. 1998). Plainitff has established these elements and its right to judgment as a matter of law. 10. Pursuant to the terms of the Note (page 1), in the event of enforcement, the Borrower shall pay all costs of collection including reasonable attorney's fees and court costs in addition to other amounts due. The notice of motion seeks such costs in addition to the primcipal amount of $18,000 due. 10. Based on the foregoing exhibits attached hereto and the applicable law, the Plaintifft's motion should be granted as there exist no genuine issues of material fact. Judgment should be granted as a matter of law. WHEREFORE, it is respectfully requested that the Plaintiff's notice of motion be granted in its entirety together with such other and further relief as to the Court may seem just and proper. Dated: Garden City New York December , 2023 RIC RD . T NNENBAUM 3 3 of 3