Preview
FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM INDEX NO. E2024003762
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3762640
Book Page CIVIL
Return To: No. Pages: 4
CHRISTOPHER P. SCHUELLER
501 Grant Street, Suite 200 Instrument: MISCELLANEOUS DOCUMENT
Pittsburgh, PA 15219
Control #: 202402290444
Index #: E2024003762
Date: 02/29/2024
ORIGEN CAPITAL INVESTMENTS, II, LLC, SUCCESSOR- Time: 10:45:08 AM
IN-INTEREST BY ASSIGNMENT TO RBS CITIZENS, N.A.
NICEPRICEUSA, INC.
CARON, LEONARD
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202402290444 Index #
INDEX : E2024003762
NO. E2024003762
FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
ORIGEN CAPITAL INVESTMENTS, II, LLC, Index No.:
SUCCESSOR-IN-INTEREST BY ASSIGNMENT
TO RBS CITIZENS, N.A.
AFFIRMATION IN SUPPORT
Plaintiff, OF MOTION FOR SUMMARY
JUDGMENT IN LIEU OF
-against- COMPLAINT
NICEPRICEUSA, INC. A/K/A NICE PRICE USA,
INC. and LEONARD CARON,
Defendants.
CHRISTOPHER P. SCHUELLER, an attorney at law, duly admitted to practice before
the courts of the State of New York hereby affirms the following to be true under the penalties of
perjury pursuant to CPLR 2106:
1. I am an attorney with the firm of Buchanan Ingersoll & Rooney PC, counsel for
Plaintiff, Origen Capital Investments II, LLC, successor-in-interest by assignment to RBS
Citizens, N.A. (“Plaintiff” or “Lender”), in the above-entitled action. I respectfully submit this
Affirmation in support of Plaintiff’s Motion for Summary Judgment in Lieu of Complaint. I am
fully familiar with the facts and circumstances hereinafter recited.
2. Plaintiff is commencing this case by Motion for Summary Judgment in Lieu of
Complaint, pursuant to CPLR § 3213 and CPLR § 5014, for renewal of a judgment entered
against Defendants NICEPRICEUSA, Inc. a/k/a Nice Price USA Inc. and Leonard
Caron (collectively, the “Defendants”) on September 13, 2011 by the Clerk of Monroe
County, New York (the “Judgment”) as assigned to Plaintiff. A true and correct copy of
the Judgment, Assignment of Judgment, as well as papers filed in connection therewith, is
attached to the
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202402290444 IndexNO.
INDEX #: E2024003762
E2024003762
FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024
Affidavit of John Gibbons as Exhibit A, which affidavit is filed herewith (the "Gibbons
Affidavit").
3. The facts relevant to this motion are set forth in the accompanying Gibbons
Affidavit.
RENEWAL JUDGMENT
4. The Judgment was obtained against Defendants and in favor of RBS Citizens,
N.A. based on Defendant’s default on an action commenced to collect amounts due on account
of a loan.
5. The Judgment was assigned to Plaintiff on April 8, 2016 pursuant to an
Assignment filed with the Monroe County Clerk’s Office on September 2, 2016 (“Assignment of
Judgment”).
6. The underlying action, including the loan documents subject of the underlying
action, was brought against the Defendants, and was properly served upon the Defendants. As a
result, the judgment should be renewed and indexed against both judgment debtors.
7. As of the date of this Affirmation, it is over the expiration of ten years since the
first docketing of the judgment.
7. Based on the foregoing, Plaintiff respectfully requests that this Court enter
judgment against Defendants NICEPRICEUSA, Inc. a/k/a Nice Price USA Inc. and Leonard
Caron, as follows:
A. Judgment in the amount of $229,345.32 as of January 22, 2024, plus per diem interest
at the rate of $26.76 accruing thereafter on account of the statutory judgment rate of
interest under the law of the State of New York (9% per annum) through and
including the date of entry of this Order; and
B. For such other and further relief as this Court deems just and proper.
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202402290444 IndexNO.
INDEX #: E2024003762
E2024003762
FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024
Dated: February 28, 2024
New York, New York
BUCHANAN INGERSOLL & ROONEY PC
By: /s/ Christopher P. Schueller
Christopher P. Schueller
640 Fifth Avenue, 9th Floor
New York, New York 10019
Telephone: (212) 440-4400
Facsimile: (212) 440-4401
Attorneys for Plaintiff
Origen Capital Investments II, LLC, successor-in-
interest by assignment to RBS Citizens, N.A.
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Preview
FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM INDEX NO. E2024003762 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3762640 Book Page CIVIL Return To: No. Pages: 4 CHRISTOPHER P. SCHUELLER 501 Grant Street, Suite 200 Instrument: MISCELLANEOUS DOCUMENT Pittsburgh, PA 15219 Control #: 202402290444 Index #: E2024003762 Date: 02/29/2024 ORIGEN CAPITAL INVESTMENTS, II, LLC, SUCCESSOR- Time: 10:45:08 AM IN-INTEREST BY ASSIGNMENT TO RBS CITIZENS, N.A. NICEPRICEUSA, INC. CARON, LEONARD Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202402290444 Index # INDEX : E2024003762 NO. E2024003762 FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ORIGEN CAPITAL INVESTMENTS, II, LLC, Index No.: SUCCESSOR-IN-INTEREST BY ASSIGNMENT TO RBS CITIZENS, N.A. AFFIRMATION IN SUPPORT Plaintiff, OF MOTION FOR SUMMARY JUDGMENT IN LIEU OF -against- COMPLAINT NICEPRICEUSA, INC. A/K/A NICE PRICE USA, INC. and LEONARD CARON, Defendants. CHRISTOPHER P. SCHUELLER, an attorney at law, duly admitted to practice before the courts of the State of New York hereby affirms the following to be true under the penalties of perjury pursuant to CPLR 2106: 1. I am an attorney with the firm of Buchanan Ingersoll & Rooney PC, counsel for Plaintiff, Origen Capital Investments II, LLC, successor-in-interest by assignment to RBS Citizens, N.A. (“Plaintiff” or “Lender”), in the above-entitled action. I respectfully submit this Affirmation in support of Plaintiff’s Motion for Summary Judgment in Lieu of Complaint. I am fully familiar with the facts and circumstances hereinafter recited. 2. Plaintiff is commencing this case by Motion for Summary Judgment in Lieu of Complaint, pursuant to CPLR § 3213 and CPLR § 5014, for renewal of a judgment entered against Defendants NICEPRICEUSA, Inc. a/k/a Nice Price USA Inc. and Leonard Caron (collectively, the “Defendants”) on September 13, 2011 by the Clerk of Monroe County, New York (the “Judgment”) as assigned to Plaintiff. A true and correct copy of the Judgment, Assignment of Judgment, as well as papers filed in connection therewith, is attached to the 2 of 4 202402290444 IndexNO. INDEX #: E2024003762 E2024003762 FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024 Affidavit of John Gibbons as Exhibit A, which affidavit is filed herewith (the "Gibbons Affidavit"). 3. The facts relevant to this motion are set forth in the accompanying Gibbons Affidavit. RENEWAL JUDGMENT 4. The Judgment was obtained against Defendants and in favor of RBS Citizens, N.A. based on Defendant’s default on an action commenced to collect amounts due on account of a loan. 5. The Judgment was assigned to Plaintiff on April 8, 2016 pursuant to an Assignment filed with the Monroe County Clerk’s Office on September 2, 2016 (“Assignment of Judgment”). 6. The underlying action, including the loan documents subject of the underlying action, was brought against the Defendants, and was properly served upon the Defendants. As a result, the judgment should be renewed and indexed against both judgment debtors. 7. As of the date of this Affirmation, it is over the expiration of ten years since the first docketing of the judgment. 7. Based on the foregoing, Plaintiff respectfully requests that this Court enter judgment against Defendants NICEPRICEUSA, Inc. a/k/a Nice Price USA Inc. and Leonard Caron, as follows: A. Judgment in the amount of $229,345.32 as of January 22, 2024, plus per diem interest at the rate of $26.76 accruing thereafter on account of the statutory judgment rate of interest under the law of the State of New York (9% per annum) through and including the date of entry of this Order; and B. For such other and further relief as this Court deems just and proper. 3 of 4 202402290444 IndexNO. INDEX #: E2024003762 E2024003762 FILED: MONROE COUNTY CLERK 02/28/2024 01:25 PM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/28/2024 Dated: February 28, 2024 New York, New York BUCHANAN INGERSOLL & ROONEY PC By: /s/ Christopher P. Schueller Christopher P. Schueller 640 Fifth Avenue, 9th Floor New York, New York 10019 Telephone: (212) 440-4400 Facsimile: (212) 440-4401 Attorneys for Plaintiff Origen Capital Investments II, LLC, successor-in- interest by assignment to RBS Citizens, N.A. 4 of 4