Document for Silverline Services Inc v. Isn Enterprises Inc D/B/A Aa Gutters, Adan Alvarez

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                                FILED: KINGS COUNTY CLERK 03/10/2021 11:33 AM                                                       INDEX NO. 504383/2021
NYSCEF DOC. NO. 4                                                                           RECEIVED NYSCEF: 03/10/2021




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
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         SILVERLINE SERVICES INC.
                                                                              Index No.: 504383/2021
                                   Plaintiff,
                 -against-                                                    AFFIRMATION OF
                                                                              SERVICE
         ISN ENTERPRISES INC D/B/A AA GUTTERS et al.,

                                    Defendants.
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          STATE OF NEW YORK                   )
                                              ) ss.:
          COUNTY OF NEW YORK )

                  YESHAYA GORKIN, an attorney duly admitted to practice law before the Courts of
          the State of New York, hereby affirms, under the penalty of perjury, as follows:
                  1.      I am a partner of Ainsworth Gorkin PLLC, attorneys for Plaintiff, am over the
          age of 18, am not a party to this action, and am a resident of the State of New York.
                  2.      On, 3/10/2021, I caused to be served a true and accurate copy of the NOTICE
          OF ELECTRONIC FILING and SUMMONS WITH NOTICE upon ADAN ALVAREZ, by
          certified mail, return receipt requested, by depositing the same in an official depository under
          the exclusive care and custody of the United States Postal Service within the State of New
          York designated for that purpose, addressed to:
          ADAN ALVAREZ
          1824 CANYON RIDGE ST, FORT WORTH, TX 76131
                  3.      The forgoing method of service was authorized by Defendants under the
          Merchant Agreement, which is the subject to the dispute herein (a copy of which is attached
          hereto as Exhibit A). The Appellate Division, Second Department has held that service of
          process by mail as per the terms of a written agreement is sufficient and reasonably
          calculated to apprise a defendant of the pendency of a lawsuit. See Matter of New York
          Merchants Protective Co., Inc., v. Mima’s Kitchen, Inc., 114 A.D.3d 796 (2d Dep’t 2014);
          see also, Matter of Fernandez (Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep’t
          1987).
                  4.      I provided the Department of Defense Man Power Data Center service with
          the pertinent information about ADAN ALVAREZ, such as the social security number which
          I know because that information was provided by ADAN ALVAREZ in connection with his
          application to Plaintiff. Based upon the response I received from the Department of Defense
          Manpower Data Center dated February 24, 2021, I am convinced that ADAN ALVAREZ is
          not in any branch of the United States military.

          Dated: New York, New York
                 March 10, 2021

                                                                             Yeshaya Gorkin, Esq.




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