Preview
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024
XX COMMERCIAL TRANSAC1TON CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
COUCH WHITE, LLP,
540 Broadway
Albany, New York 12204
SUMMONS
Plaintiff(s),
-against- INDEX NO:
Date Purchased:
File: 20-15400
MARY LOU ROSS AS ADMINISTRATOR OF
THE ESTATE OF RODNEY J. BABBITT, JANINE
C. WRIGHT and MICHAEL J. WRIGHT,
Defendant(s).
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorney an answer to
the complaint in this action within 20 days after the service of this summons, exclusive of the day of service,
or within 30 days after service is complete if this summons is not personally delivered to you within the State
of New York. In case of your failure to answer, judgment will be taken against you by default for the relief
demanded in the complaint.
The basis of venue designated is:
XX The residence of a party.
Defendant(s) residence in the County of
The transaction arising in the County of
Dated: Albany, New York
February 14, 2024
MAGGUILLI LAW FIRM, PLIf
Lawrence P. a lli
Attorney for P intiff
20 Corporate Woods Boulevard
Albany, New York 12211
Phone: (518) 465-7591
-COMMERCIAL TRANSACTION-
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STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
________________________________________________
COUCH WHITE, LLP, Index No.:
Date Purchased:
Plaintiff,
-against- VERIFIED
COMPLAINT
MARY LOU ROSS AS ADMINISTRATOR
OF THE ESTATE OF RODNEY J.
BABBITT, JANINE C. WRIGHT,
and MICHAEL J. WRIGHT,
Defendants.
__________________..__________________________
Plaintiff Couch White, LLP, by and through its attorneys, Magguilli Law Firm, PLLC, sets
forth the following as and for its Verified Complaint against the Defendants:
PARTIES3 JURISDICTION, AND VENUE
1. At all times relevant herein, Plaintiff Couch White, LLP (hereinafter "Plaintiff")
was and remains a domestic registered limited liability partnership, organized and existing under
the laws of the State of New York, with its principal place of business located at 540 Broadway,
Albany, New York 12207.
2. Upon information and belief, Rodney J. Babbitt is now deceased and has an estate
filed for probate with the St. Lawrence County Surrogate's Court in St. Lawrence County, New
York bearing file number 2022-54724.
3. Upon information and belief, Defendant Mary Lou Ross has been appointed as the
Administrator of the Estate of Rodney J. Babbitt in St. Lawrence County Surrogate's Court under
file number 2022-54724, and upon information and belief, resides in Elizabeth City, North
Carolina.
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4. Upon information and belief, at all times relevant herein, Defendant Janine C.
Wright was and is a natural person with a principal residence located in Waddington, New York.
5. Upon information and belief, at all times relevant herein, Defendant Michael J.
Wright was and is a natural person with a principal residence located in Waddington, New York.
FACTUAL BACKGROUND
6. On or about May 10, 2018, decedent Rodney J. Babbitt (hereinafter "Mr. Babbitt")
engaged the services of Plaintiff Couch White, LLP to represent him in the sale of his business
and certain real estate.
7. On or about June 5, 2018, Mr. Babbitt signed an engagement letter with Plaintiff
whereby Mr. Babbitt promised to pay Plaintiff an hourly fee plus Plaintiff's out-of-pocket
disbursements for the legal representation provided. A true and accurate copy of the engagement
"A."
letter is attached hereto as Exhibit
8. Plaintiff continued to represent Mr. Babbitt in connection with the sale of his
business and real estate through at least October of 2019, at which time the contemplated
transaction failed.
9. For services rendered in connection with the representation, Mr. Babbitt was justly
indebted to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October
31, 2020.
10. After numerous failed attempts at securing payment from Mr. Babbitt, on or about
January 25, 2021, Plaintiff sent Mr. Babbitt a Notice of Client's Rights to Arbitrate, giving Mr.
Babbitt 30 days to elect to resolve the conflict through arbitration prior to filing suit against Mr.
Babbitt.
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11. On or about February 4, 2021, the Mr. Babbitt transferred his interest in certain real
property located in St. Lawrence County commonly known as 41 Putney View Drive, Lisbon, New
York 13658 (hereinafter the "Premises") to Defendant Janine C. Wright, and Defendant Michael
"B."
J. Wright. A true and accurate copy of the deed is attached hereto as Exhibit
12. Also on or about February 4, 2021, Mr. Babbitt assigned his interest in a land
contract for the Premises to Defendants Janine C. Wright and Michael J. Wright. A true and
"C."
accurate copy of the assignment of land contract is attached hereto as Exhibit
13. Upon information and belief, Defendant Janine C. Wright is Mr. Babbitt's daughter.
14. Upon information and Defendant Michael J. Wright is Mr. Babbitt's son-in-
belief,
law.
15. On or about March 5, 2021, Plaintiff commenced an action in Supreme Court,
Albany County, entitled Couch White, LLP, Plaintiff against Rodney Joseph Babbitt, Defendant
for breach of contract.
16. Judgment by default was granted in favor of Plaintiff against Mr. Babbitt in the
amount of $13,623.87, and said judgment was filed and docketed in the office of the Albany
County Clerk on or about September 29, 2021. A true and accurate copy of the filed judgment is
"D."
attached hereto as Exhibit
17. A transcript of judgment was filed in the office of the St. Lawrence County Clerk,
on or about October 21, 2021. A true and accurate copy of the filed transcript of judgment is
"E."
attached hereto as Exhibit
18. No part of the aforesaid judgment for the sum of $13,623.87 has been paid or
satisfied.
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AS AND FOR A FIRST CAUSE OF ACTION
(Intentional Voidable Transaction)
19. Plaintiff repeats and realleges all prior allegations.
20. On or about and prior to October 31, 2019, Plaintiff became a creditor of Mr.
Babbitt by virtue of the representation provided in connection with the sale of Mr. Babbitt's
business and real estate in the amount of $11,068.24 plus interest at 12% per annum from October
31, 2019.
21. On or about February 4, 2021, Mr. Babbitt engaged in a transfer with Defendants
Janine C. Wright and Michael J. Wright by transferring the Premises and assigning his interest in
a land contract for the Premises to said Defendants.
22. Pursuant to the land contract, Mr. Babbitt was to receive monthly payments of
$1,376.96 until March 1, 2029.
23. Upon information and belief, Defendants Janine C. Wright and Michael J. Wright
are now receiving said proceeds.
24. On or about October 30, 2023, Plaintiff discovered the transaction.
25. Upon information and belief, Mr. Babbitt entered the transaction with the actual
intent to hinder, delay, or defraud the Plaintiff.
26. Upon information and belief, the transfer was to insiders, to wit, Defendants Janine
C. Wright and Michael J. Wright, who upon information and belief are the daughter and son-in-
law of Mr. Babbitt.
27. Immediately prior to the transfer, Mr. Babbitt had been served with a Notice of
Client's Rights to Arbitrate and threatened with suit for the repayment of the amount owed.
28. Mr. Babbitt did not disclose the transfer to Plaintiff.
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29. Upon information and belief, the transfer constituted substantially all of Mr.
Babbitt's assets. A letter dated October 18, 2023 from the attorney for the Estate of Mr. Babbitt
"F."
indicating the estate is insolvent is attached hereto as Exhibit
30. Upon information and belief, Mr. Babbitt became insolvent after the transfer was
made.
31. Upon information and belief, the value received by Mr. Babbitt after the transfer
was not reasonably equivalent to the value of the assets transferred.
32. Accordingly, pursuant to DCL §§ 273 and 276, Plaintiff is entitled to set aside such
transfer and/or levy execution on the asset transferred or its proceeds, and Defendants are indebted to
the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019.
AS AND FOR A SECOND CAUSE OF ACTION
(Reasonably Equivalent Value Voidable Transaction)
33. Plaintiff repeats and realleges all prior allegations.
34. On or about and prior to October 31, 2019, Plaintiff became a creditor of Mr.
Babbitt by virtue of the representation provided in connection with the sale of Mr. Babbitt's
business and real estate.
35. Pursuant to the engagement letter signed and representation provided, Mr. Babbitt
owes a debt to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from
October 31, 2019.
36. On or about February 4, 2021, Mr. Babbitt engaged in a transfer with Defendants
Janine C. Wright and Michael J. Wright by transferring the Premises and assigning his interest in
a land contract for the Premises to said Defendants.
37. Said transfer occurred after Plaintiff became a creditor of Mr. Babbitt.
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38. Upon information and belief, Mr. Babbitt engaged in the transfer without receiving
reasonably equivalent value in exchange for the transfer.
39. Upon information and belief, as a result of Mr. Babbitt's transaction with
Defendants Janine C. Wright and Michael J. Wright, Mr. Babbitt became insolvent.
40. Accordingly, pursuant to DCL §§ 274 and 276, Plaintiff is entitled to set aside such
transfer and/or levy execution on the asset transferred or its proceeds, and Defendants are indebted to
the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019
WHEREFORE, Plaintiff Couch White, LLP demands that Judgment be entered herein
against the named Defendants as follows:
a) On the first cause of action, setting aside the transfers and/ or levying
execution against the asset transferred or its proceeds, and against Defendants Janine C. Wright
and Michael J. Wright in the amount of $11,068.24, together with interest and the costs and
disbursements of the action;
b) On the second cause of action, setting aside the transfers and/ or levying
execution against the asset transferred or its proceeds, and against Defendants Janine C. Wright
and Michael J. Wright in the amount of $11,068.24, together with interest and the costs and
disbursements of the action.
Dated: Albany, New York
January 23, 2024
MAGGUILLI LAW FIRM, PLLC
By:
Lawrence P. Ma dli
Attorneys for Plaintiff
20 Corporate Woods Boulevard
Albany, New York 12211
Phone: (518) 465-7591
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VERIFICATION
STATE OF NEW YORK)
COUNTY OF ALBANY) ss.:
JOEL M.BOWARD E, being duly swom, deposes And says:
I am a member of the partnersMp of Cauch Whitey LLP, a limited liabiny partnership and
the plaintiff in the within actio) 1 have toad the foregaing complaint and imow the contents thereof and that
the eame is ante to my own knesdedge except as to the matters therein tated to be alleged upon information
and belief, and as to those matterst believe it to be true.
JOEL M. HOWARD m
Sworato before me this $ABLE MANE anST
Notary St NeaM
day orianuary 2024,
Qualmed in Rentmelaertounty
. Commission Expirst Novensber as
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
----------------------------------------------------------------x
COUCH WHITE, LLP,
Plaintiff/Petitioner,
- against - Index No.
MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF
RODNEY J. BABBITT, JANINE C. WRIGHT AND
MICHAEL J. WRIGHT,
Defendant/Respondent.
--------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
" If you are represented an attorney:
by
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
" If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
" serving and your documents
filing electronically
" free access to view and print your e-filed documents
" limiting your number of trips to the courthouse
" court fees on-line (credit card
paying any needed)
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
Page 1 of 2 EFM-1
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To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: efile@nycourts.gov).
Dated: February 14, 2024
Lawrence P. Magguilli
14 Corporate Woods Blvd.
Name
Magguilli Law Firm, PLLC Albany, NY 12211
Firm Name Address
518-465-7591
Phone
E-Mad
To: Mary Lou Ross
2022 Rivershore Road
Elizabeth City, NC 27909
6/6/18
Index # Page 2 of 2 EFM-1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
------------------------------------------------------------x
COUCH WHITE, LLP,
Plaintiff/Petitioner,
- against - Index No.
MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF
RODNEY J. BABBITT, JANINE C. WRIGHT AND
MicHAEL J. WRIGHT,
Defendant/Respondent.
------------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this cas
Preview
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 XX COMMERCIAL TRANSAC1TON CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY COUCH WHITE, LLP, 540 Broadway Albany, New York 12204 SUMMONS Plaintiff(s), -against- INDEX NO: Date Purchased: File: 20-15400 MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF RODNEY J. BABBITT, JANINE C. WRIGHT and MICHAEL J. WRIGHT, Defendant(s). To the above-named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorney an answer to the complaint in this action within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue designated is: XX The residence of a party. Defendant(s) residence in the County of The transaction arising in the County of Dated: Albany, New York February 14, 2024 MAGGUILLI LAW FIRM, PLIf Lawrence P. a lli Attorney for P intiff 20 Corporate Woods Boulevard Albany, New York 12211 Phone: (518) 465-7591 -COMMERCIAL TRANSACTION- 1 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ________________________________________________ COUCH WHITE, LLP, Index No.: Date Purchased: Plaintiff, -against- VERIFIED COMPLAINT MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF RODNEY J. BABBITT, JANINE C. WRIGHT, and MICHAEL J. WRIGHT, Defendants. __________________..__________________________ Plaintiff Couch White, LLP, by and through its attorneys, Magguilli Law Firm, PLLC, sets forth the following as and for its Verified Complaint against the Defendants: PARTIES3 JURISDICTION, AND VENUE 1. At all times relevant herein, Plaintiff Couch White, LLP (hereinafter "Plaintiff") was and remains a domestic registered limited liability partnership, organized and existing under the laws of the State of New York, with its principal place of business located at 540 Broadway, Albany, New York 12207. 2. Upon information and belief, Rodney J. Babbitt is now deceased and has an estate filed for probate with the St. Lawrence County Surrogate's Court in St. Lawrence County, New York bearing file number 2022-54724. 3. Upon information and belief, Defendant Mary Lou Ross has been appointed as the Administrator of the Estate of Rodney J. Babbitt in St. Lawrence County Surrogate's Court under file number 2022-54724, and upon information and belief, resides in Elizabeth City, North Carolina. 2 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 4. Upon information and belief, at all times relevant herein, Defendant Janine C. Wright was and is a natural person with a principal residence located in Waddington, New York. 5. Upon information and belief, at all times relevant herein, Defendant Michael J. Wright was and is a natural person with a principal residence located in Waddington, New York. FACTUAL BACKGROUND 6. On or about May 10, 2018, decedent Rodney J. Babbitt (hereinafter "Mr. Babbitt") engaged the services of Plaintiff Couch White, LLP to represent him in the sale of his business and certain real estate. 7. On or about June 5, 2018, Mr. Babbitt signed an engagement letter with Plaintiff whereby Mr. Babbitt promised to pay Plaintiff an hourly fee plus Plaintiff's out-of-pocket disbursements for the legal representation provided. A true and accurate copy of the engagement "A." letter is attached hereto as Exhibit 8. Plaintiff continued to represent Mr. Babbitt in connection with the sale of his business and real estate through at least October of 2019, at which time the contemplated transaction failed. 9. For services rendered in connection with the representation, Mr. Babbitt was justly indebted to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2020. 10. After numerous failed attempts at securing payment from Mr. Babbitt, on or about January 25, 2021, Plaintiff sent Mr. Babbitt a Notice of Client's Rights to Arbitrate, giving Mr. Babbitt 30 days to elect to resolve the conflict through arbitration prior to filing suit against Mr. Babbitt. 3 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 11. On or about February 4, 2021, the Mr. Babbitt transferred his interest in certain real property located in St. Lawrence County commonly known as 41 Putney View Drive, Lisbon, New York 13658 (hereinafter the "Premises") to Defendant Janine C. Wright, and Defendant Michael "B." J. Wright. A true and accurate copy of the deed is attached hereto as Exhibit 12. Also on or about February 4, 2021, Mr. Babbitt assigned his interest in a land contract for the Premises to Defendants Janine C. Wright and Michael J. Wright. A true and "C." accurate copy of the assignment of land contract is attached hereto as Exhibit 13. Upon information and belief, Defendant Janine C. Wright is Mr. Babbitt's daughter. 14. Upon information and Defendant Michael J. Wright is Mr. Babbitt's son-in- belief, law. 15. On or about March 5, 2021, Plaintiff commenced an action in Supreme Court, Albany County, entitled Couch White, LLP, Plaintiff against Rodney Joseph Babbitt, Defendant for breach of contract. 16. Judgment by default was granted in favor of Plaintiff against Mr. Babbitt in the amount of $13,623.87, and said judgment was filed and docketed in the office of the Albany County Clerk on or about September 29, 2021. A true and accurate copy of the filed judgment is "D." attached hereto as Exhibit 17. A transcript of judgment was filed in the office of the St. Lawrence County Clerk, on or about October 21, 2021. A true and accurate copy of the filed transcript of judgment is "E." attached hereto as Exhibit 18. No part of the aforesaid judgment for the sum of $13,623.87 has been paid or satisfied. 4 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 AS AND FOR A FIRST CAUSE OF ACTION (Intentional Voidable Transaction) 19. Plaintiff repeats and realleges all prior allegations. 20. On or about and prior to October 31, 2019, Plaintiff became a creditor of Mr. Babbitt by virtue of the representation provided in connection with the sale of Mr. Babbitt's business and real estate in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019. 21. On or about February 4, 2021, Mr. Babbitt engaged in a transfer with Defendants Janine C. Wright and Michael J. Wright by transferring the Premises and assigning his interest in a land contract for the Premises to said Defendants. 22. Pursuant to the land contract, Mr. Babbitt was to receive monthly payments of $1,376.96 until March 1, 2029. 23. Upon information and belief, Defendants Janine C. Wright and Michael J. Wright are now receiving said proceeds. 24. On or about October 30, 2023, Plaintiff discovered the transaction. 25. Upon information and belief, Mr. Babbitt entered the transaction with the actual intent to hinder, delay, or defraud the Plaintiff. 26. Upon information and belief, the transfer was to insiders, to wit, Defendants Janine C. Wright and Michael J. Wright, who upon information and belief are the daughter and son-in- law of Mr. Babbitt. 27. Immediately prior to the transfer, Mr. Babbitt had been served with a Notice of Client's Rights to Arbitrate and threatened with suit for the repayment of the amount owed. 28. Mr. Babbitt did not disclose the transfer to Plaintiff. 5 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 29. Upon information and belief, the transfer constituted substantially all of Mr. Babbitt's assets. A letter dated October 18, 2023 from the attorney for the Estate of Mr. Babbitt "F." indicating the estate is insolvent is attached hereto as Exhibit 30. Upon information and belief, Mr. Babbitt became insolvent after the transfer was made. 31. Upon information and belief, the value received by Mr. Babbitt after the transfer was not reasonably equivalent to the value of the assets transferred. 32. Accordingly, pursuant to DCL §§ 273 and 276, Plaintiff is entitled to set aside such transfer and/or levy execution on the asset transferred or its proceeds, and Defendants are indebted to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019. AS AND FOR A SECOND CAUSE OF ACTION (Reasonably Equivalent Value Voidable Transaction) 33. Plaintiff repeats and realleges all prior allegations. 34. On or about and prior to October 31, 2019, Plaintiff became a creditor of Mr. Babbitt by virtue of the representation provided in connection with the sale of Mr. Babbitt's business and real estate. 35. Pursuant to the engagement letter signed and representation provided, Mr. Babbitt owes a debt to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019. 36. On or about February 4, 2021, Mr. Babbitt engaged in a transfer with Defendants Janine C. Wright and Michael J. Wright by transferring the Premises and assigning his interest in a land contract for the Premises to said Defendants. 37. Said transfer occurred after Plaintiff became a creditor of Mr. Babbitt. 6 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 38. Upon information and belief, Mr. Babbitt engaged in the transfer without receiving reasonably equivalent value in exchange for the transfer. 39. Upon information and belief, as a result of Mr. Babbitt's transaction with Defendants Janine C. Wright and Michael J. Wright, Mr. Babbitt became insolvent. 40. Accordingly, pursuant to DCL §§ 274 and 276, Plaintiff is entitled to set aside such transfer and/or levy execution on the asset transferred or its proceeds, and Defendants are indebted to the Plaintiff in the amount of $11,068.24 plus interest at 12% per annum from October 31, 2019 WHEREFORE, Plaintiff Couch White, LLP demands that Judgment be entered herein against the named Defendants as follows: a) On the first cause of action, setting aside the transfers and/ or levying execution against the asset transferred or its proceeds, and against Defendants Janine C. Wright and Michael J. Wright in the amount of $11,068.24, together with interest and the costs and disbursements of the action; b) On the second cause of action, setting aside the transfers and/ or levying execution against the asset transferred or its proceeds, and against Defendants Janine C. Wright and Michael J. Wright in the amount of $11,068.24, together with interest and the costs and disbursements of the action. Dated: Albany, New York January 23, 2024 MAGGUILLI LAW FIRM, PLLC By: Lawrence P. Ma dli Attorneys for Plaintiff 20 Corporate Woods Boulevard Albany, New York 12211 Phone: (518) 465-7591 7 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 VERIFICATION STATE OF NEW YORK) COUNTY OF ALBANY) ss.: JOEL M.BOWARD E, being duly swom, deposes And says: I am a member of the partnersMp of Cauch Whitey LLP, a limited liabiny partnership and the plaintiff in the within actio) 1 have toad the foregaing complaint and imow the contents thereof and that the eame is ante to my own knesdedge except as to the matters therein tated to be alleged upon information and belief, and as to those matterst believe it to be true. JOEL M. HOWARD m Sworato before me this $ABLE MANE anST Notary St NeaM day orianuary 2024, Qualmed in Rentmelaertounty . Commission Expirst Novensber as 8 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ----------------------------------------------------------------x COUCH WHITE, LLP, Plaintiff/Petitioner, - against - Index No. MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF RODNEY J. BABBITT, JANINE C. WRIGHT AND MICHAEL J. WRIGHT, Defendant/Respondent. --------------------------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. " If you are represented an attorney: by Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). " If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " serving and your documents filing electronically " free access to view and print your e-filed documents " limiting your number of trips to the courthouse " court fees on-line (credit card paying any needed) To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EFM-1 9 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: February 14, 2024 Lawrence P. Magguilli 14 Corporate Woods Blvd. Name Magguilli Law Firm, PLLC Albany, NY 12211 Firm Name Address 518-465-7591 Phone E-Mad To: Mary Lou Ross 2022 Rivershore Road Elizabeth City, NC 27909 6/6/18 Index # Page 2 of 2 EFM-1 10 of 14 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ------------------------------------------------------------x COUCH WHITE, LLP, Plaintiff/Petitioner, - against - Index No. MARY LOU ROSS AS ADMINISTRATOR OF THE ESTATE OF RODNEY J. BABBITT, JANINE C. WRIGHT AND MicHAEL J. WRIGHT, Defendant/Respondent. ------------------------------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this cas