On June 05, 2023 a
Motion-Secondary
was filed
involving a dispute between
First National Bank Of Omaha, A Subsidiary Of First National Of Nebraska, Inc.,
and
Lee A Worth,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Yates County.
Preview
11/21/2023
FILED: YATES11:38AM 18005315106
COUNTY CLERK 11/23/2023 SEAN PARLAKIAN
12:15 PM ESQ INDEX PAGE
NO. 2023-5149
01/03
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
X
FIRST NATIONAL BANK OF OMAHA
A SUBSIDIARY OF FIRST NATIONAL
OF NEBRASKA, INC.,
Index No. 2023-5149
Plaintiff,
-against-
LEE A WORTH , AFFIRMATION IN SUPPORT
OF DEFENDANT'S OPPOSITION
Defendant. TO SUMMARY JUDGEMENT
X
Nishan P. Parlakian, an attorney duly licensed and admitted to practice in-the Courts of
New York State and under the penalties of perjury states and affirms the following in support of
Defendants Opposition to Plaintiff's Summary Judgement Motion.
1, We agree with Plaintiff's Attorney that Motion for Summary Judgement is an
appropriate remedy when there is no issue of fact to be tried and no factual dispute to tip
the balance against the moving party for further vetting of the controversy at hand.
2, We believe that there is an issue of fact to be resolved in this matter.
3. The Affiant for First National Bank of Omaha (Affiant) specifically states she is
cognizant of the procedures and systems of Plaintiff the ·
fully policy, billing Yet, billing
statements adduced in support of the Motion and Affiant's statement may not be accurate.
4. To be sure Affiant does not detail how the dollar amounts demanded are accurate.
Affiant does not set forth when or how Plaintiff's billing systems are audited or checked
and what role Affiant has in determining accuracy on a routine basis.
5. At the same time Defendant has no ability to determine the correctness of the
statements or if Plaintiff's systems are accurate. We believe that when a company the size
1 of 3
11/21/2023
FILED: YATES11:38AM 18005315106
COUNTY CLERK 11/23/2023 SEAN PARLAKIAN
12:15 PM ESQ INDEXPAGE
NO. 2023-5149
02/03
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023
of Plaintiff a good faith effort must be rnade to provide some affirmation, assurance
sues,
and detail that the amounts demanded are correctly accounted and determined.
6. The Plaintiff's Affiant falls short of pertinent information as to how Affiant goes
about her business, such as the process and tasks associated with getting to know the many
defaulted accounts that cross her desk.
7. As is the Plaintiff's right, in connection with the agreements provided by Plaintiff,
take stepstocollect the balances with or.without settlement opportunity to
they may due,
Defendant, In this we believe that the settlement parameters Plaintiff seeks are
matter,
unreasonable in either time or accommodation in light of the unexplained differences in
the amounts demanded juxtaposed to the statements submitted. We believe that Plaintiff
should be held to a standard where the amounts due and the process of calculation are
Defendant to understand and determine that the final balance is
transparent, allowing
accurate.
8. At this time for the reasons stated herein we believe there is an issue of fact to be
determined and that the Motion for Summary Judgement is premature. We respectfully
request that it be denied.
WHEREFORE, Defendant respectfully requests that our Opposition be
considered and that the Motion for Summary Judgement be denied.
DATED: November 21, 2023
Long Beach, NY
Nishan P. Parlakian, Esq.
2 of 3
11/21/2023
FILED: YATES11:38AM 18005315106
COUNTY CLERK 11/23/2023 SEAN PARLAKIAN
12:15 PM ESQ INDEXPAGE
NO. 2023-5149
03/03
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
X
FIRST NATIONAL BANK OF OMAHA
A SUBSIDIARY OF FIRST NATIONAL
OF NEBRASKA, INC.,
Index No. 2023-5149
Plaintiff,
-against-
LEE A WORTH,
Defendant,
X
AFFIRMATION OF SERVICE
NISHANP PARLAKIAN, an attorney licensed to practice law in the State ofNew
York, being duly sworn, say s:
On November 21, 2023, I served the within Affirmation in Support of Defendant's
Opposition to Summary Judgment on:
LACY & KATZENLLP
Legacy Tower, 600 Bausch & Lomb Place
Rochester, NY 14692
via NYSEF and First Class Mail, in a sealed envelope deposited with the U.S. Postal
Service.
NISHAN P. PARLAKIAN
3 of 3
Document Filed Date
November 23, 2023
Case Filing Date
June 05, 2023
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
11/21/2023 FILED: YATES11:38AM 18005315106 COUNTY CLERK 11/23/2023 SEAN PARLAKIAN 12:15 PM ESQ INDEX PAGE NO. 2023-5149 01/03 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES X FIRST NATIONAL BANK OF OMAHA A SUBSIDIARY OF FIRST NATIONAL OF NEBRASKA, INC., Index No. 2023-5149 Plaintiff, -against- LEE A WORTH , AFFIRMATION IN SUPPORT OF DEFENDANT'S OPPOSITION Defendant. TO SUMMARY JUDGEMENT X Nishan P. Parlakian, an attorney duly licensed and admitted to practice in-the Courts of New York State and under the penalties of perjury states and affirms the following in support of Defendants Opposition to Plaintiff's Summary Judgement Motion. 1, We agree with Plaintiff's Attorney that Motion for Summary Judgement is an appropriate remedy when there is no issue of fact to be tried and no factual dispute to tip the balance against the moving party for further vetting of the controversy at hand. 2, We believe that there is an issue of fact to be resolved in this matter. 3. The Affiant for First National Bank of Omaha (Affiant) specifically states she is cognizant of the procedures and systems of Plaintiff the · fully policy, billing Yet, billing statements adduced in support of the Motion and Affiant's statement may not be accurate. 4. To be sure Affiant does not detail how the dollar amounts demanded are accurate. Affiant does not set forth when or how Plaintiff's billing systems are audited or checked and what role Affiant has in determining accuracy on a routine basis. 5. At the same time Defendant has no ability to determine the correctness of the statements or if Plaintiff's systems are accurate. We believe that when a company the size 1 of 3 11/21/2023 FILED: YATES11:38AM 18005315106 COUNTY CLERK 11/23/2023 SEAN PARLAKIAN 12:15 PM ESQ INDEXPAGE NO. 2023-5149 02/03 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023 of Plaintiff a good faith effort must be rnade to provide some affirmation, assurance sues, and detail that the amounts demanded are correctly accounted and determined. 6. The Plaintiff's Affiant falls short of pertinent information as to how Affiant goes about her business, such as the process and tasks associated with getting to know the many defaulted accounts that cross her desk. 7. As is the Plaintiff's right, in connection with the agreements provided by Plaintiff, take stepstocollect the balances with or.without settlement opportunity to they may due, Defendant, In this we believe that the settlement parameters Plaintiff seeks are matter, unreasonable in either time or accommodation in light of the unexplained differences in the amounts demanded juxtaposed to the statements submitted. We believe that Plaintiff should be held to a standard where the amounts due and the process of calculation are Defendant to understand and determine that the final balance is transparent, allowing accurate. 8. At this time for the reasons stated herein we believe there is an issue of fact to be determined and that the Motion for Summary Judgement is premature. We respectfully request that it be denied. WHEREFORE, Defendant respectfully requests that our Opposition be considered and that the Motion for Summary Judgement be denied. DATED: November 21, 2023 Long Beach, NY Nishan P. Parlakian, Esq. 2 of 3 11/21/2023 FILED: YATES11:38AM 18005315106 COUNTY CLERK 11/23/2023 SEAN PARLAKIAN 12:15 PM ESQ INDEXPAGE NO. 2023-5149 03/03 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES X FIRST NATIONAL BANK OF OMAHA A SUBSIDIARY OF FIRST NATIONAL OF NEBRASKA, INC., Index No. 2023-5149 Plaintiff, -against- LEE A WORTH, Defendant, X AFFIRMATION OF SERVICE NISHANP PARLAKIAN, an attorney licensed to practice law in the State ofNew York, being duly sworn, say s: On November 21, 2023, I served the within Affirmation in Support of Defendant's Opposition to Summary Judgment on: LACY & KATZENLLP Legacy Tower, 600 Bausch & Lomb Place Rochester, NY 14692 via NYSEF and First Class Mail, in a sealed envelope deposited with the U.S. Postal Service. NISHAN P. PARLAKIAN 3 of 3