Preview
FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024
SUPREME COURT OF THE STATE OF NEW YORK Index Number:
COUNTY OF SCHENECTADY Our File No. VEL01976
______________ ___ __ __ _ _ _ __ __ _...______-__Ç
VELOCITY INVESTMENTS, LLC
SUMMONS
Consumer Credit Transaction
PLAINTIFF,
Plaintiff's Address
~AGAINST~ ROUTE 34 BLDG
1800 3, SUITE 305
WALL, NJ 07719
Paul Rizzo Defendant's Address
Paul Rizzo
DEFENDANT (S) 1650 Van Antwerp Rd
--------------------------------------------------X Niskayuna, NY 12309
The basis of the venue designated is: defendant(s) place of
residence: SCHENECTADY County
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED, and required to appear in this action in the SUPREME COURT OF THE STATE OF
NEW YORK of the County of SCHENECTADY, at the office of the clerk of the said Court at 612 State Street
Schenectady,
NY 12305 in the County of SCHENECTADY State of New York, by serving an answer to the annexed complaint upon
plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within
the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for the sum of
$4,437.85 plus post-judgment interest at the statutory rate, together with the costs and disbursements of this action.
DATED: Farmingdale, New York
f # f /2024
By:
Timothy J. Murtha, Esq.
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blvd Suite 120
Farmingdale, NY 11735
Telephone #: (516) 346-5400
NOTE: The Law or rules of court provide that:
(a) If this summons is served by its delivery to you, or (for a corporation) an agent authorized to receive service, personally within the
County of SCHENECTADY State of New York, you must appear and answer within TWENTY days after such service; or
(b)If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized to receive
service personally, or is served outside the county of SCHENECTADY or by publication, or by any other means other than personal
delivery to you, or (for a corporation) an agent authorized to receive service personally, within the County of SCHENECTADY you
are allowed THIRTY days after proof of service is filed with the Clerk of this Court within which to appear and answer.
(c)You are required to file a copy of your answer together with proof of service with the Clerk of the Court in which the action is
brought within TEN days of the service of the answer.
WE ARE DEBT COLLECTORS- THIS IS AN ATTEMPT TO COLLECT A DEDT AND ANY INFORMATION
WILL BE USED FOR THAT PURPO SE,
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FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
--------------------------------------------------··----··-X
VELOCITY INVESTMENTS, LLC INDEX NUMBER:
Our File No. VELOl976
PLAINTIFF,
~AGAINST~ VERIFIED COMPLAINT
CONSUMER CREDIT TRANSACTION
Paul Rizzo
I DEFENDANT (S)
___________---___-------___-.-----_________x
Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows:
L Plaintiff is a foreign limited liability company authorized to do business in the State of New York.
Plaintiff's New York City Department of Consumer Affairs license number is 1199638-DCA.
2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business
in person or through an agent within the county in which this action is brought and that the instant cause of action arose out
of said transaction.
3. Defendant(s) entered into a loan agreement on 9/17/2021 with Cross River Bank, identified by account number ending
7947 to borrow money and/or have credit extended, whichmoney and/or credit was to be repaid by Defendant(s) in rnonthly
installments plus interest, and which loan Cross River Bank, assigned all rights contained therewith for good and valuable
consideration to loan servicer Upstart Network, Inc. Copy of Promissory Note and Disclosure are annexed hereto as Exhibit
"A".
4. Defendant(s) failed to make any payments on the account.
5. On or about 9/2/2022, Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable
consideration from Upstart Network, Inc., assignee of and loan servicer to Cross River Bank. The amount due at the time
of sale was $4,437.85. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B".
FOR A FIRST CAUSE OF ACTION
BREACH OF CONTRACT
6. Plaintiff repeats each and every allegation set for above.
7. That heretofore, Defendant(s) entered into a loan agreement with original creditor Cross River Bank serviced by Upstart
Network, Inc.
8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement.
9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes
a balance of $4,437.85 no part of which has been paid despite due demand thereof.
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FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024
10. An itemization of the amount sought is as follows:
i. Principle $4,437.85
ii. Finance Charge or Charges $0
iii. Fees Imposed by the Original Creditor $0
iv. Collection Costs $0
v. Attorney's Fees $0
vi. Interest $0
vii. Any Other Fees and Charges $0
FOR A SECOND CAUSE OF ACTION
UNJUST ENRICHMENT
11. Plaintiff repeats each and every allegation set forth above.
12. By reason of the foregoing - including Defendant(s) breaching the loan agreement, and failing and refusing to repay
Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited
and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent
of $4,437.85, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that
rightfhily belong to the Plaintiff and its predecessors.
WHEREFORE, the Plaintiff, VELOCITY INVESTMENTS, LLC, demands judgment against the Defendant(s) Paul
Rizzo on the First and Second Causes of Action in the amount of $4,437.85, plus post-judgment interest at the statutory
rate, together with costs and disbursements of the within action.
DATED: Farmingdale, New York
/ /f/2024
By:
Timothy J. Murtha, Esq.
License#2025270-DCA
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blyd Suite 120
Farmingdale, NY 11735
Telephone #: (516) 346-5400
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FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024
Attorneys for Plaintiff
STATE OF NEW YORK, COUNTY OF SUFFOLK
The undersigned, an attorney at law and the Plaintiffs attorney, affirms the following to be true under the
penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on
information and belief, and as to those, I believe them to be true. The reason I am making this verification is I
have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have
offices in the county where I maintain my office.
Attorney Signature:
Attorney Name (Print): Timothy Murtha, Esq
Sworn to before me this
{ / / f/2024
N ubi
GEORGE-ANNE GAU.0
NOTARY PUBUC4TATE OF NEW YONC
. No.01GA6186824
Qualified In Oueens
County
My Commissalon Expires May 12,202
4 of 4
Preview
FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024 SUPREME COURT OF THE STATE OF NEW YORK Index Number: COUNTY OF SCHENECTADY Our File No. VEL01976 ______________ ___ __ __ _ _ _ __ __ _...______-__Ç VELOCITY INVESTMENTS, LLC SUMMONS Consumer Credit Transaction PLAINTIFF, Plaintiff's Address ~AGAINST~ ROUTE 34 BLDG 1800 3, SUITE 305 WALL, NJ 07719 Paul Rizzo Defendant's Address Paul Rizzo DEFENDANT (S) 1650 Van Antwerp Rd --------------------------------------------------X Niskayuna, NY 12309 The basis of the venue designated is: defendant(s) place of residence: SCHENECTADY County To the above named Defendant(s) YOU ARE HEREBY SUMMONED, and required to appear in this action in the SUPREME COURT OF THE STATE OF NEW YORK of the County of SCHENECTADY, at the office of the clerk of the said Court at 612 State Street Schenectady, NY 12305 in the County of SCHENECTADY State of New York, by serving an answer to the annexed complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for the sum of $4,437.85 plus post-judgment interest at the statutory rate, together with the costs and disbursements of this action. DATED: Farmingdale, New York f # f /2024 By: Timothy J. Murtha, Esq. Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blvd Suite 120 Farmingdale, NY 11735 Telephone #: (516) 346-5400 NOTE: The Law or rules of court provide that: (a) If this summons is served by its delivery to you, or (for a corporation) an agent authorized to receive service, personally within the County of SCHENECTADY State of New York, you must appear and answer within TWENTY days after such service; or (b)If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized to receive service personally, or is served outside the county of SCHENECTADY or by publication, or by any other means other than personal delivery to you, or (for a corporation) an agent authorized to receive service personally, within the County of SCHENECTADY you are allowed THIRTY days after proof of service is filed with the Clerk of this Court within which to appear and answer. (c)You are required to file a copy of your answer together with proof of service with the Clerk of the Court in which the action is brought within TEN days of the service of the answer. WE ARE DEBT COLLECTORS- THIS IS AN ATTEMPT TO COLLECT A DEDT AND ANY INFORMATION WILL BE USED FOR THAT PURPO SE, 1 of 4 FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY --------------------------------------------------··----··-X VELOCITY INVESTMENTS, LLC INDEX NUMBER: Our File No. VELOl976 PLAINTIFF, ~AGAINST~ VERIFIED COMPLAINT CONSUMER CREDIT TRANSACTION Paul Rizzo I DEFENDANT (S) ___________---___-------___-.-----_________x Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows: L Plaintiff is a foreign limited liability company authorized to do business in the State of New York. Plaintiff's New York City Department of Consumer Affairs license number is 1199638-DCA. 2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business in person or through an agent within the county in which this action is brought and that the instant cause of action arose out of said transaction. 3. Defendant(s) entered into a loan agreement on 9/17/2021 with Cross River Bank, identified by account number ending 7947 to borrow money and/or have credit extended, whichmoney and/or credit was to be repaid by Defendant(s) in rnonthly installments plus interest, and which loan Cross River Bank, assigned all rights contained therewith for good and valuable consideration to loan servicer Upstart Network, Inc. Copy of Promissory Note and Disclosure are annexed hereto as Exhibit "A". 4. Defendant(s) failed to make any payments on the account. 5. On or about 9/2/2022, Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable consideration from Upstart Network, Inc., assignee of and loan servicer to Cross River Bank. The amount due at the time of sale was $4,437.85. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B". FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT 6. Plaintiff repeats each and every allegation set for above. 7. That heretofore, Defendant(s) entered into a loan agreement with original creditor Cross River Bank serviced by Upstart Network, Inc. 8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement. 9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes a balance of $4,437.85 no part of which has been paid despite due demand thereof. 2 of 4 FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024 10. An itemization of the amount sought is as follows: i. Principle $4,437.85 ii. Finance Charge or Charges $0 iii. Fees Imposed by the Original Creditor $0 iv. Collection Costs $0 v. Attorney's Fees $0 vi. Interest $0 vii. Any Other Fees and Charges $0 FOR A SECOND CAUSE OF ACTION UNJUST ENRICHMENT 11. Plaintiff repeats each and every allegation set forth above. 12. By reason of the foregoing - including Defendant(s) breaching the loan agreement, and failing and refusing to repay Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent of $4,437.85, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that rightfhily belong to the Plaintiff and its predecessors. WHEREFORE, the Plaintiff, VELOCITY INVESTMENTS, LLC, demands judgment against the Defendant(s) Paul Rizzo on the First and Second Causes of Action in the amount of $4,437.85, plus post-judgment interest at the statutory rate, together with costs and disbursements of the within action. DATED: Farmingdale, New York / /f/2024 By: Timothy J. Murtha, Esq. License#2025270-DCA Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blyd Suite 120 Farmingdale, NY 11735 Telephone #: (516) 346-5400 3 of 4 FILED: SCHENECTADY COUNTY CLERK 01/22/2024 02:03 PM INDEX NO. 2024-168 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024 Attorneys for Plaintiff STATE OF NEW YORK, COUNTY OF SUFFOLK The undersigned, an attorney at law and the Plaintiffs attorney, affirms the following to be true under the penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on information and belief, and as to those, I believe them to be true. The reason I am making this verification is I have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have offices in the county where I maintain my office. Attorney Signature: Attorney Name (Print): Timothy Murtha, Esq Sworn to before me this { / / f/2024 N ubi GEORGE-ANNE GAU.0 NOTARY PUBUC4TATE OF NEW YONC . No.01GA6186824 Qualified In Oueens County My Commissalon Expires May 12,202 4 of 4