Preview
FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GREENE
WS AFTERMARKET SERVICES CORPORATION, ATTORNEY
AND WARRANTY SOLUTIONS MANAGEMENT AFFIRMATION OF
CORPORATION, BLAKE C. SAUNDERS
Plaintiffs, Index No.: EF2023-281
- against -
WE COVER THAT!, LARISSA ORTIS d/b/a WE
COVER THAT!, LARISSA ORTIS, in her individual
capacity, PETER SCHATZEL, in his individual capacity,
and REBECCA SCHATZEL, in her individual capacity,
Defendants.
Blake C. Saunders, an attorney duly admitted to practice law in the State of New
York, hereby affirms the truth of the following under penalty of perjury:
1. I am an attorney duly admitted to practice law in the State of New York and an
associate with the firm of Couch White, LLP, attorneys for the Plaintiffs, WS Aftermarket Services
Corporation and Warranty Solutions Management Corporation, ("Plaintiffs"), in the above-
captioned matter, and as such am fully familiar with the facts set forth below.
2. I make this Affirmation in support of Plaintiffs' motion for a default judgment
against the defendants, Larissa Ortis d/b/a We Cover That!, Lariss Ortis ("Ortis"), individually,
and Peter Schatzel ("Schatzel") (collectively, the "Defendants"), individually on the issue of
liability as follows:
a. Finding that Defendants have committed a fraud against Plaintiffs by
submitting forged producer agreements to Plaintiffs in order to obtain
commissions totaling $506,600.00 that were not actually earned;
b. Finding Defendants jointly and severally liable for any and all damages
suffered by Plaintiffs for Defendants fraudulent submissions (Verified
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Complaint, Counts I and II); and
c. Holding Defendants jointly and severally liable under NY General Business
Law ("GBL") § 349 for Defendants deceptive acts (Verified Complaint,
Count III); and
d. Holding Defendants Cable Companies jointly and severally liable for
repayment to Plaintiffs of the amount in which they were unjustly enriched
by their fraudulent submissions to Plaintiffs (Count IV); and
e. Entering an Order consistent with the relief granted herein; and
f. Setting down this matter for an inquest for the assessment damages for the
just compensation due to Plaintiffs; and
g. Such other and further relief as the Court deems just and proper.
COMMENCEMENT AND DEFAULT
3. On April 26, 2023, Plaintiffs caused the Summons and Verified Complaint herein
to be filed with the Greene County Clerk's office, seeking a judgment in an amount to be
determined at trial on its four causes of action, together with special damages and attorneys' fees
under New York General Business Law § 349, interest, cost and disbursements. A copy of the
Summons and Verified Complaint is annexed hereto as Exhibit A.
4. Thereafter, the Summons and Verified Complaint was served upon each Defendant
in accordance with New York Business Corporation Law ("BCL") § 306(b) and CPLR § 308, as
evidenced by the affidavits of service filed with the Greene County Clerk on June 21, 2023 and
August 1, 2023, copies of which are annexed hereto as Exhibits B, C, D and E.
a. As set forth in Exhibit B, the Summons and Verified Complaint was
personally served on the Office of the New York State Secretary of State, the authorized agent for
service of process of We Cover That!, on April 28, 2023.
b. As set forth in Exhibit C, the Summons and Verified Complaint was
personally served on Larissa Ortis d/b/a We Cover That! on May 18, 2023.
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c. As set forth in Exhibit D, the Summons and Verified Complaint was
personally served on Larissa Ortis, in her individual capacity, on May 18, 2023.
d. As set forth in Exhibit E, the Summons and Verified Complaint was
personally served on Peter Schatzel, in his individual capacity, on May 18, 2023.
5. Additional service of the Summons and Verified Complaint in accordance with
CPLR § 3215(g)(4)(i) was thereafter achieved on August 15, 2023, when the undersigned caused
copies of the Summons and Verified Complaint to be mailed by first class mail to each Defendant
at its last known address. Annexed hereto as Exhibit F are the affidavits of service, affirming to
the additional service of each Defendant in compliance with § 3215(g)(4)(i), specifically affirming
that on August 15, 2023:
a. A copy of the Summons and Complaint was sent by first class mail to We
Cover That! at its principal place of business and last known address: 59 Weed Road, Freehold,
New York 12431.
b. A copy of the Summons and Complaint was sent by first class mail to
Larissa Ortis d/b/a We Cover That! at its principal place of business and last known address: 59
Weed Road, Freehold, New York 12431.
c. A copy of the Summons and Complaint was sent by first class mail to
Larissa Ortis at her last known address: 59 Weed Road, Freehold, New York 12431.
d. A copy of the Summons and Complaint was sent by first class mail to Peter
Schatzel at his last known address: 59 Weed Road, Freehold, New York 12431.
6. Because the return date of this motion is set for April 5, 2024, more than twenty
days will have passed from the foregoing mailings/additional service before judgment will enter
herein, in keeping with the requirements of CPLR § 3216(g)(4)(i).
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7. On or about October 16, 2023, Plaintiffs filed a motion for a default judgment
against the aforementioned Defendants.
8. On or about January 24, 2024, the Court issued an Decision and Order which
granted Plaintiff's motion for a default against Rebecca Schatzel, but gave Defendants Larissa
Ortis and Peter Schatzel an additional 30 days from the date of service of the Decision and Order
to answer the Complaint. A copy of the Court's Order is attached hereto as Exhibit G.
9. On or about January 25, 2024, Plaintiffs filed a Notice of Entry for the
aforementioned decision. A copy of Plaintiffs' Notice of Entry is attached hereto as Exhibit H.
10. On or about January 25, 2024, Defendants were duly served with a copy of the
Notice of Entry. Plaintiffs' affidavit of service upon Defendants is attached hereto as Exhibit I.
11. On or about February 29, 2024, upon the expiration of the thirty days from service
of the Notice of Entry, Plaintiffs wrote the Court requesting that a default judgment be entered
against Defendants Larissa Ortis and Peter Schatzel as they have not answered the Summons and
Complaint herein. A copy of Plaintiffs' letter to the Court is attached hereto as Exhibit J.
12. On or about March 12, 2024, the Court issued a Notice advising that Plaintiffs
would need to file the instant motion for default as against Defendants Larissa Ortis, Larissa Ortis
d/b/a We Cover That!, and Peter Schatzel.
13. As of the date of this Affirmation, none of Defendants have answered or replied to
the Summons and Complaint.
14. As of the date of this Affirmation, Plaintiffs have not received any of the monies
remitted to Defendants as a result of Defendants' submission of their falsified producer
agreements.
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15. Accordingly, Defendants' failure to serve an answer or reply renders the instant
matter ripe for an award of default judgment on the issue of liability and for an inquest to be set
and held for an assessment of damages and appropriate relief -rein.
Dated: March 18, 2024
e C. Sau , Esq.
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CERTIFICATION OF WORD COUNT
I hereby certify that the word count of the foregoing Affirmation complies with the word
limits of 22 NYCRR § 202.8-b(a). According to the word-processing system used to prepare this
Affidavit, the total word count for all printed text exclusive of the material omitted under 22
NYCRR § 202.8-b(b) is 1,251 words.
ake C. Sau
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Preview
FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GREENE WS AFTERMARKET SERVICES CORPORATION, ATTORNEY AND WARRANTY SOLUTIONS MANAGEMENT AFFIRMATION OF CORPORATION, BLAKE C. SAUNDERS Plaintiffs, Index No.: EF2023-281 - against - WE COVER THAT!, LARISSA ORTIS d/b/a WE COVER THAT!, LARISSA ORTIS, in her individual capacity, PETER SCHATZEL, in his individual capacity, and REBECCA SCHATZEL, in her individual capacity, Defendants. Blake C. Saunders, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury: 1. I am an attorney duly admitted to practice law in the State of New York and an associate with the firm of Couch White, LLP, attorneys for the Plaintiffs, WS Aftermarket Services Corporation and Warranty Solutions Management Corporation, ("Plaintiffs"), in the above- captioned matter, and as such am fully familiar with the facts set forth below. 2. I make this Affirmation in support of Plaintiffs' motion for a default judgment against the defendants, Larissa Ortis d/b/a We Cover That!, Lariss Ortis ("Ortis"), individually, and Peter Schatzel ("Schatzel") (collectively, the "Defendants"), individually on the issue of liability as follows: a. Finding that Defendants have committed a fraud against Plaintiffs by submitting forged producer agreements to Plaintiffs in order to obtain commissions totaling $506,600.00 that were not actually earned; b. Finding Defendants jointly and severally liable for any and all damages suffered by Plaintiffs for Defendants fraudulent submissions (Verified 1 of 6 FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 Complaint, Counts I and II); and c. Holding Defendants jointly and severally liable under NY General Business Law ("GBL") § 349 for Defendants deceptive acts (Verified Complaint, Count III); and d. Holding Defendants Cable Companies jointly and severally liable for repayment to Plaintiffs of the amount in which they were unjustly enriched by their fraudulent submissions to Plaintiffs (Count IV); and e. Entering an Order consistent with the relief granted herein; and f. Setting down this matter for an inquest for the assessment damages for the just compensation due to Plaintiffs; and g. Such other and further relief as the Court deems just and proper. COMMENCEMENT AND DEFAULT 3. On April 26, 2023, Plaintiffs caused the Summons and Verified Complaint herein to be filed with the Greene County Clerk's office, seeking a judgment in an amount to be determined at trial on its four causes of action, together with special damages and attorneys' fees under New York General Business Law § 349, interest, cost and disbursements. A copy of the Summons and Verified Complaint is annexed hereto as Exhibit A. 4. Thereafter, the Summons and Verified Complaint was served upon each Defendant in accordance with New York Business Corporation Law ("BCL") § 306(b) and CPLR § 308, as evidenced by the affidavits of service filed with the Greene County Clerk on June 21, 2023 and August 1, 2023, copies of which are annexed hereto as Exhibits B, C, D and E. a. As set forth in Exhibit B, the Summons and Verified Complaint was personally served on the Office of the New York State Secretary of State, the authorized agent for service of process of We Cover That!, on April 28, 2023. b. As set forth in Exhibit C, the Summons and Verified Complaint was personally served on Larissa Ortis d/b/a We Cover That! on May 18, 2023. 2 2 of 6 FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 c. As set forth in Exhibit D, the Summons and Verified Complaint was personally served on Larissa Ortis, in her individual capacity, on May 18, 2023. d. As set forth in Exhibit E, the Summons and Verified Complaint was personally served on Peter Schatzel, in his individual capacity, on May 18, 2023. 5. Additional service of the Summons and Verified Complaint in accordance with CPLR § 3215(g)(4)(i) was thereafter achieved on August 15, 2023, when the undersigned caused copies of the Summons and Verified Complaint to be mailed by first class mail to each Defendant at its last known address. Annexed hereto as Exhibit F are the affidavits of service, affirming to the additional service of each Defendant in compliance with § 3215(g)(4)(i), specifically affirming that on August 15, 2023: a. A copy of the Summons and Complaint was sent by first class mail to We Cover That! at its principal place of business and last known address: 59 Weed Road, Freehold, New York 12431. b. A copy of the Summons and Complaint was sent by first class mail to Larissa Ortis d/b/a We Cover That! at its principal place of business and last known address: 59 Weed Road, Freehold, New York 12431. c. A copy of the Summons and Complaint was sent by first class mail to Larissa Ortis at her last known address: 59 Weed Road, Freehold, New York 12431. d. A copy of the Summons and Complaint was sent by first class mail to Peter Schatzel at his last known address: 59 Weed Road, Freehold, New York 12431. 6. Because the return date of this motion is set for April 5, 2024, more than twenty days will have passed from the foregoing mailings/additional service before judgment will enter herein, in keeping with the requirements of CPLR § 3216(g)(4)(i). 3 3 of 6 FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 7. On or about October 16, 2023, Plaintiffs filed a motion for a default judgment against the aforementioned Defendants. 8. On or about January 24, 2024, the Court issued an Decision and Order which granted Plaintiff's motion for a default against Rebecca Schatzel, but gave Defendants Larissa Ortis and Peter Schatzel an additional 30 days from the date of service of the Decision and Order to answer the Complaint. A copy of the Court's Order is attached hereto as Exhibit G. 9. On or about January 25, 2024, Plaintiffs filed a Notice of Entry for the aforementioned decision. A copy of Plaintiffs' Notice of Entry is attached hereto as Exhibit H. 10. On or about January 25, 2024, Defendants were duly served with a copy of the Notice of Entry. Plaintiffs' affidavit of service upon Defendants is attached hereto as Exhibit I. 11. On or about February 29, 2024, upon the expiration of the thirty days from service of the Notice of Entry, Plaintiffs wrote the Court requesting that a default judgment be entered against Defendants Larissa Ortis and Peter Schatzel as they have not answered the Summons and Complaint herein. A copy of Plaintiffs' letter to the Court is attached hereto as Exhibit J. 12. On or about March 12, 2024, the Court issued a Notice advising that Plaintiffs would need to file the instant motion for default as against Defendants Larissa Ortis, Larissa Ortis d/b/a We Cover That!, and Peter Schatzel. 13. As of the date of this Affirmation, none of Defendants have answered or replied to the Summons and Complaint. 14. As of the date of this Affirmation, Plaintiffs have not received any of the monies remitted to Defendants as a result of Defendants' submission of their falsified producer agreements. 4 4 of 6 FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 15. Accordingly, Defendants' failure to serve an answer or reply renders the instant matter ripe for an award of default judgment on the issue of liability and for an inquest to be set and held for an assessment of damages and appropriate relief -rein. Dated: March 18, 2024 e C. Sau , Esq. 5 5 of 6 FILED: GREENE COUNTY CLERK 03/18/2024 05:10 PM INDEX NO. EF2023-281 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/18/2024 CERTIFICATION OF WORD COUNT I hereby certify that the word count of the foregoing Affirmation complies with the word limits of 22 NYCRR § 202.8-b(a). According to the word-processing system used to prepare this Affidavit, the total word count for all printed text exclusive of the material omitted under 22 NYCRR § 202.8-b(b) is 1,251 words. ake C. Sau 6 6 of 6