On December 11, 2020 a
AFFIRMATION (Motion #1) - AFFIRMATION PAGE
was filed
involving a dispute between
Bank Of America, N.A.,
and
Michael Oppenheim,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Chemung County.
Preview
FILED: CHEMUNG COUNTY CLERK 08/09/2023 11:27 AM INDEX NO. 2020-5797
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/09/2023
SUPREME COURT 0F THE STATE OF NEW YORK
COUNTY 0F CHEMUNG
____________--------------_______________________Ç
Bank of America, N.A. DOCKET#: 2020-5797
Plaintiff, MJRF#: 02029939
-Against-
MICHAEL OPPENHEIM
Defendant (s) AFFIRMATION
________________-------____-_____________________x
State of NEW YORK )
) ss. :
County of NASSAU )
JONATHAN A BARRETO, under the penalties of perjury and pursuant to CPLR 2106,
respectfully states as follows:
1. I am an associate with the firm of MULLOOLY, JEFFREY, ROONEY & FLYNN, LLP, attorneys
of record for plaintiff relative to the herein action and as such I am fully familiar
with all of the facts and circumstances relating thereto.
2. I submit this affirmation, together with the prior pleadings filed in this matter, in
support of the plaintiff's application for judgment to be entered in favor of the
plaintiff and against the defendant, MICHAEL OPPENHEIM, pursuant to CPLR 3215(i) .
3. The facts are as follows:
(a) A Summons and Complaint were duly filed in this action, on 12/11/2020, and served
upon the caption-titled defendant on 01/05/2021. A copy of the pleading(s) has been
annexed hereto as Exhibit "1".
(b) A stipulation of settlement was entered into between the parties to the herein
action, copy a of which is annexed hereto as Exhibit "2".
(c) Defendant made payments pursuant to the stipu t on in the sum of $2,425.00 prior to
defaulting in the terms of the settlement on (/) . Annexed hereto as Exhibit
"3" is a payment history.
(d) A default notice, dated (D c®a3 , was sent to the defendant, a copy of
which is annexed hereto as Exhibi "4" with the affidavit of service.
along The default
has not been cured by the defendant.
4. Pursuant to the terms of the stipulation, upon default by defendant without cure
within {O days of notice, plaintiff is permitted to proceed pursuant to CPLR 3215(i)
for the entry of a default judgment for the amount as stated in paragraph three (3) of
the stipulation of $8,210.71, plus costs and disbursements, minus any payments made by
defendant pursuant to the stipulation, which in this case amount to a total of $2 ,425.00.
5. The interest rate for consumer debt pursuant to section five thousand four of the CPLR
applies, however, Plaintiff explicitly disclaims any right to post-judgment interest on
this Account.
6. No prior application for the relief requested herein has been made.
WHEREFORE, plaintiff respectfully requests execution by the Court of the Proposed
Order, annexed hereto as Exhibit "5", directing the Clerk of this Court, upon service
upon them of a conformed copy of the Proposed Order, together with the appropriate
judgment papers, to enter judgment in favor of plaintiff and against defendant, MICHAEL
OPPENHEIM, as provided by the terms of the stipulation of settlement.
Affirmed to be true under the
penalties of perjury pursuant
to CPLR 2106, on
AUG 0 7 2023
JO THAN A BARRETO
1 of 1
Document Filed Date
August 09, 2023
Case Filing Date
December 11, 2020
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: CHEMUNG COUNTY CLERK 08/09/2023 11:27 AM INDEX NO. 2020-5797 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/09/2023 SUPREME COURT 0F THE STATE OF NEW YORK COUNTY 0F CHEMUNG ____________--------------_______________________Ç Bank of America, N.A. DOCKET#: 2020-5797 Plaintiff, MJRF#: 02029939 -Against- MICHAEL OPPENHEIM Defendant (s) AFFIRMATION ________________-------____-_____________________x State of NEW YORK ) ) ss. : County of NASSAU ) JONATHAN A BARRETO, under the penalties of perjury and pursuant to CPLR 2106, respectfully states as follows: 1. I am an associate with the firm of MULLOOLY, JEFFREY, ROONEY & FLYNN, LLP, attorneys of record for plaintiff relative to the herein action and as such I am fully familiar with all of the facts and circumstances relating thereto. 2. I submit this affirmation, together with the prior pleadings filed in this matter, in support of the plaintiff's application for judgment to be entered in favor of the plaintiff and against the defendant, MICHAEL OPPENHEIM, pursuant to CPLR 3215(i) . 3. The facts are as follows: (a) A Summons and Complaint were duly filed in this action, on 12/11/2020, and served upon the caption-titled defendant on 01/05/2021. A copy of the pleading(s) has been annexed hereto as Exhibit "1". (b) A stipulation of settlement was entered into between the parties to the herein action, copy a of which is annexed hereto as Exhibit "2". (c) Defendant made payments pursuant to the stipu t on in the sum of $2,425.00 prior to defaulting in the terms of the settlement on (/) . Annexed hereto as Exhibit "3" is a payment history. (d) A default notice, dated (D c®a3 , was sent to the defendant, a copy of which is annexed hereto as Exhibi "4" with the affidavit of service. along The default has not been cured by the defendant. 4. Pursuant to the terms of the stipulation, upon default by defendant without cure within {O days of notice, plaintiff is permitted to proceed pursuant to CPLR 3215(i) for the entry of a default judgment for the amount as stated in paragraph three (3) of the stipulation of $8,210.71, plus costs and disbursements, minus any payments made by defendant pursuant to the stipulation, which in this case amount to a total of $2 ,425.00. 5. The interest rate for consumer debt pursuant to section five thousand four of the CPLR applies, however, Plaintiff explicitly disclaims any right to post-judgment interest on this Account. 6. No prior application for the relief requested herein has been made. WHEREFORE, plaintiff respectfully requests execution by the Court of the Proposed Order, annexed hereto as Exhibit "5", directing the Clerk of this Court, upon service upon them of a conformed copy of the Proposed Order, together with the appropriate judgment papers, to enter judgment in favor of plaintiff and against defendant, MICHAEL OPPENHEIM, as provided by the terms of the stipulation of settlement. Affirmed to be true under the penalties of perjury pursuant to CPLR 2106, on AUG 0 7 2023 JO THAN A BARRETO 1 of 1