Preview
FILED: ORANGE COUNTY CLERK 02/29/2024 05:14 PM INDEX NO. EF001718-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
____________________________________________ Plaintiff designates ORANGE as
County
DISCOVER BANK the place of trial; the defendant resides in
ORANGE County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. D177507
STEPHANIE DIAZ
DEFENDANT. SUMMONS
____________________________________________ Plaintiffs address: C/O DISCOVER
PRODUCTS INC.
6500 NEW ALBANY ROAD EAST, NEW
ALBANY, OH 43054
The Basis of the Venue is Defendant's
Residence
CONSUMERCREDIT TRANSACTION
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and
to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the state of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: February 28, 2024
Selip & Stylianou, LLP
Attorneys for plaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. D177507
Defendant to be served: STEPHANIE DIAZ, 405 PHILO ST, NEW WINDSOR, NY 12553
This communication is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
YOURS, ETC.
Selip S lianou, LLP
By:
DAVID COHEN ESQ.
IlllllllilllIlllllllllIllllllllll1111111111
INlllllllllllllllllllllllllllllll1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Filed in Orange County 02/29/2024 05:14:35 PM $0.00 1 of
Bk: 5156 4 Pg: 1521 Index: # EF001718-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 02/29/2024 05:14 PM INDEX NO. EF001718-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
__________________________________________________
DISCOVER BANK
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. D177507
STEPHANIE DIAZ COMPLAINT
DEFENDANT.
__________________________________________________
Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a state chartered bank insured by the FDIC.
2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which
this action is brought, or the Defendant(s) transacted business within the venue in which this action is
brought, either in person or through an agent, and the instant cause of action arose out of said transaction.
3. Plaintiff is authorized to bring the lawsuit pursuant to New York State Banking Law §200(4).
4. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted
herein has not expired.
FACTS
5. A revolving credit account (hereafter the "Account") was opened in Defendant's name, subject
to the terms and conditions provided, or made available in electronic format, to the Defendant (the
"Agreement"). A copy of the charge-off statement is attached hereto. Plaintiff is the original creditor (as
defined in NY CPLR § 105(q-1)) and owner of the Account.
6. Defendant used the Account and incurred a balance. The last four digits of the Account
number on the most recent monthly statement recording a purchase transaction, last payment, or balance
transfer (the "Last Activity Statement") are 2039, and the balance owed as set forth in the Last Activity
Statement was $1,794.44.
7. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments
when due.
8. Demand for payment of the Account was made on Defendant, but Defendant failed to make
all the required payments. The Defendants last payment was made on or about April 01, 2023 in the
amount of $54.00.
9. As a result of Defendants default, the Plaintiff closed the Account and subsequently charged it
off on November 30, 2023 in the amount of $2,424.17, as reflected in the attached statement, which was
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FILED: ORANGE COUNTY CLERK 02/29/2024 05:14 PM INDEX NO. EF001718-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
mailed or otherwise made available to the Defendant on or about November 30, 2023.
10. The balance currently due and owing is $2,424.17, itemized as follows:
Balance due at time of charge-off: $2,424.17
Plus total amount of interest accrued since charge-off: $0.00
Plus total amount of non-interest charges or fees since charge-off: $0.00
Plus total amount of dishonored payments: $0.00
Less total amount of payments and/or credits since charge-off: $0.00
AS AND FOR A FIRST CAUSE OF ACTION
11. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs
as if more fully set for herein.
12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all
payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $2,424.17, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of $2,424.17 together
with disbursements, with post-judgment interest to accrue thereon as authorized by law.
The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief,
formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and
the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: FEBRUARY 28, 2024
YOUR ET .
By:
DAVID COHEN ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext. 8991;
S&S File No. D177507
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FILED: ORANGE COUNTY CLERK 02/29/2024 05:14 PM INDEX NO. EF001718-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
__________________________________________________
DISCOVER BANK
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
STEPHANIE DIAZ S&S FILE NO. D177507
DEFENDANT.
__________________________________________________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the
Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. 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; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) 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 operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: February 28, 2024
Selip & Stylianou, LLP
By: DAVID COHEN ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: STEPHANIE DIAZ, 405 PHILO ST, NEW WINDSOR, NY 12553
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