Preview
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index # : EF2024-0260
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF TOMPKINS STATE OF NEW YORK
SERVU FEDERAL CREDIT UNION
9823 Science Center Drive
Painted Post, NY 14870
Plaintiff, SUMMONS
vs.
BRANDONS. ELLENSON Case No.:
362 Poole Circle ase Noe
Newfield, NY 14867,
Defendant.
To The Above Named Defendant:
YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of
your Answer on Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive
‘ofthe-day-of-service;-or withinthirty (30) days after-service- is completed”ifthis"Summons~is’ not”
personally delivered to you within the State of New York. In case of your failure to appear or answer,
judgmentwill be taken against you by default for the relief demanded in the Complaint.
Plaintiff designates Tompkins Countyasthe place oftrial. The basis of venue is Defendant's place
of residence. Defendantresides in the County of Tompkins, New York. The consumercredit transactions
took place in Steuben County, New York. Plaintiff maintains a place of business at 9823 Science Center
Drive, Painted Post, NY 14870.
Dated: Apel G@ , 2024 By: Salo. aa A
Rochester, New York John K. McAndrew,Esq.
Khalil H. Williams, Esq.
Khalil O. Vrede, Esq.
WOODS OVIATT GILMAN LLP
Attorneysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
IMPORTANT NOTICE
Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices
Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with
the Court, and in particular, it does not change the time in which you must answerthis complaint. This
legal pleading is a commandfrom the Court, and you mustfollow its instructions and respond within the
time period set forth in the summons,even if you dispute the validity or amountof the debt as set forth in
the validation notice. The validation notice also does not affect our relations with the Court. As a law
firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions.
Weare a debt collector, and this is an attempt to collect a debt. Any information weobtain will be
used for that purpose.
If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585-
987-2800 ext. 2856.
(9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
SUPREME COURT
COUNTY OF TOMPKINS STATE OF NEW YORK
SERVU FEDERAL CREDIT UNION,
VERIFIED
COMPLAINT
Plaintiff,
vs.
Case No.:
BRANDONS. ELLENSON,
Defendant.
Plaintiff, ServU Federal Credit Union, by its attorneys Woods Oviatt Gilman LLP,forits Verified
Complaint against defendant, alleges that:
THE PARTIES:
1, Plaintiff is a federal credit union authorized to do business in the State of New York.
2. | Upon information and belief, defendant BRANDON S. ELLENSON (hereinafter
"Defendant") is an individual and resides in the County of Tompkins, and State of New York.
THE LOAN AGREEMENT ACCOUNT ENDING IN 4-145:
3, On May 6, 2021, Defendant signed and entered into a Loan and Security Agreements and
Disclosure Statement (“Agreement 4-145”), a true copy of whichis attached hereto as Exhibit A.
4. Pursuant to the terms of Agreement 4-145, Defendant agreed to pay Plaintiff the total
amount of $6,802.52 in 82 equal monthly installments of $82.00, followed by a final payment of $78.52,
which includesinterest (as calculated at the contractual rate of 3.04% per annum onthe principal sum).
5. Thelast four digits of the Defendant's account numberwith Plaintiff is *******4-145.
6. Pursuant to the terms of Agreement 4-145, the Defendant agreed to repay the sums
advanced and due under Agreement 4-145 directly to Plaintiff and Plaintiff is the original creditor
identified in the Agreement.
7. Plaintiff is the owner and holder of the Agreement 4-145.
{9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
8, Defendant breached Agreement 4-145 by failing to make the required payments in
accordance with the terms of the Agreement 4-145, which is an event of default under the terms of the
Agreement4-145 (the "4-145 Default").
9, The last payment on the Agreement 4-145 was made on June 30, 2022 in the amount of
$239.95,
10. Dueto the Default, Plaintiff exercised its right to repossess and sell the collateral identified
in the Agreement ("Collateral").
11. Plaintiff timely provided the Defendant with all the required notices both before and after
the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable in all respects.
12. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of the sums
due on Agreement 4-145 and there remains an unpaid balance due on Agreement 4-145,
13. Due to the Default, Plaintiff accelerated the unpaid balance due under the Agreement 4-
145.-—
14. Despite due demand, the Defendant has failed to pay the deficiency remaining unpaid on
Agreement 4-145
15. After application of any applicable credits, the principal sum of $4,208.90, plus per diem
interest of $0.35 (as calculated at the contractual rate of 3.04% per annum onthe principal sum) from June
29, 2023, the unpaid balance on Agreement 4-145, remains dueto Plaintiff (the "4-145 Indebtedness").
THe LOAN AGREEMENT ACCOUNTENDINGIN 4-149:
16. On December 20, 2021, Defendant signed and entered into a Loan and Security
Agreements and Disclosure Statement ("Agreement 4-149"), a true copy of which is attached hereto as
Exhibit B.
17. Pursuant to the terms of Agreement 4-149, Defendant agreed to pay Plaintiff the total
amount of $35,468.12 in 83 equal monthly installments of $422.24, followed by a final payment of
(9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
$422.20, which includes interest (as calculated at the contractual rate of 3.040% per annum on the
principal sum).
18. The last four digits of the Defendants' account numberwith Plaintiff is *******4-149.
19. Pursuant to the terms of Agreement 4-149, the Defendant agreed to repay the sums
advanced and due under Agreement 4-149 directly to Plaintiff and Plaintiff is the original creditor
identified in Agreement 4-149,
20. Defendant breach Agreement 4-149 by failing to make the required payments in
accordance with the terms of Agreement 4-149, which is an event of default under the terms of
Agreement 4-149 (the "4-149 Default").
21. The last payment on Agreement 4-149 was made on February 22, 2023 in the amountof
$122.24.
22. Due to the Default, Plaintiff exercised its right to repossess and sell the collateral identified
-——in theAgreement-(the-"Collateral"). -—--
23. Plaintiff timely provided the Defendant with all the required notices both before and after
the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable inall respects.
24. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of the sums
due on Agreement 4-149 and there remains an unpaid balance due on Agreement 4-149.
| 25. Plaintiff provided a written notice and explanation of the deficiency remaining unpaid on
Agreement 4-149 and a demandfor payment of such sum to the Defendant.
26. Due to the Default, Plaintiff accelerated the unpaid balance due under Agreement4-149.
27. Despite due demand, the Defendant has failed to pay the deficiency remaining unpaid on
Agreement 4-149.
28. After application of any applicable credits, the principal sum of $17,814.59, plus per diem
interest of $1.48 (as calculated at the contractual rate of 3.04% per annum onthe principal sum) from
{9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
September 29, 2023, the unpaid balance on Agreement 4-149, remains due to Plaintiff (the "4-149
Indebtedness") |
AS AND FOR A FIRST CAUSE OF ACTION
29. Plaintiff repeats and realleges each and every allegation contained in the preceding
paragraphsas thoughfully set forth herein.
30. Pursuant to the terms of Agreement 4-145, in the event of default, Defendant agreed to pay
Plaintiff all sums due and owing under Agreement 4-145.
31. Defendants remain in default under the terms of Agreement 4-145 and has failed to pay
Plaintiff all sums due and owing under Agreement 4-145.
32. Due to Defendant's breach of Agreement 4-145, Plaintiff has been damaged in the amount
of the 4-145 Indebtedness.
33. Defendant owes Plaintiff the 4-145 Indebtedness, as set forth hereinabove andis entitled to
—-—a-judgment-against-the-Defendant-for-such-sum. --— onsen aac nanan nancananaac
AS AND FOR A SECOND CAUSE OF ACTION
34. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphs
as thoughfully set forth herein.
35. Pursuant to the terms of Agreement 4-149,in the event of default, Defendantagreed to pay
Plaintiff all sums due and owing under Agreement 4-149.
36. Defendant remains in default under the terms of the Agreement 4-149 and hasfailed to pay
Plaintiff all sums due and owing under Agreement 4-149.
37. Due to the Defendant's breach of the Agreement 4-149, Plaintiff has been damaged in the
amountof the 4-149 Indebtedness.
38. Defendant owesPlaintiff the 4-149 Indebtedness, as set forth hereinabove and Plaintiff is
entitled to a judgment against the Defendants for such sum.
(9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
AS AND FOR A THIRD CAUSE OF ACTION
39. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphs
as though fully set forth herein.
40. Pursuant to the terms of the Agreements, in the event of default, Defendant agreed to pay
Plaintiff's costs and attorney fees for collection of the amounts due under the Agreement.
41. Defendant owes Plaintiff costs and attorney's fees in an amount to be determined by the
Court.
WHEREFORE,Plaintiff respectfully demands judgment against the Defendant as follows:
A. Onthefirst cause of action, the principal sum of $4,208.90, plus per diem interest of $0.35
from June 29, 2023 until the entry ofjudgment;
B. On the second cause of action, the principal sum of $17,814.59, plus per diem interest of
$1.48 from September 29, 2023 until the entry ofjudgment;
++...E-—--—On-thethird-cause-of-action; for costs-and-attorney's-fees-as determined-by-the-Gourt;—--—--
D. Granting such otherand furtherrelief as the Court deemsjust and proper.
Dated: Apn'/ G 2024 By: A@LaC¥ p>:
Rochester, New York John K. McAndrew,Esq. ~
Khalil H. Williams, Esq.
Khalid O. Vrede, Esq.
WOODSOVIATT GILMAN LLP
Attorneysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
(9495481: }
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FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
CI2024-07030 Index #: EF2024-0260
VERIFICATION
STATE OF NEW YORK)
COUNTY OF MONROE)ss:
The undersigned, an attorney admitted to practice in the courts of New York State, shows:
that Deponent is the attorney of record for Plaintiffs in the within action; that Deponent has read the
foregoing Complaint and knowsthe contents thereof; that the same is true to Deponent's own knowledge,
except as to the matters therein stated to be alleged on information andbelief, and that as to those matters
Deponent believes it to be true. Deponent further says that the reason this verification is made by
Deponent and not by Plaintiffs is that Plaintiffs are not located in the county in which your Deponenthas
an office.
The undersigned affirms that the foregoing statements are true, under penalties of perjury.
KwAatl pr
Khalil H. Williams, Esq.
Sworn to before this
day of “ , 2024
E
_ LORILEEPF
Notary Public, State of New York
Qualified in Monroe County
Reg. No. 01PF4972161
r 17, 2026
Commission Expires Septembe
Notary Public,
Qualified in
Reg. No, PF4972164
Gammiasion Expires September 17, 208
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Preview
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index # : EF2024-0260 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF TOMPKINS STATE OF NEW YORK SERVU FEDERAL CREDIT UNION 9823 Science Center Drive Painted Post, NY 14870 Plaintiff, SUMMONS vs. BRANDONS. ELLENSON Case No.: 362 Poole Circle ase Noe Newfield, NY 14867, Defendant. To The Above Named Defendant: YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of your Answer on Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive ‘ofthe-day-of-service;-or withinthirty (30) days after-service- is completed”ifthis"Summons~is’ not” personally delivered to you within the State of New York. In case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Tompkins Countyasthe place oftrial. The basis of venue is Defendant's place of residence. Defendantresides in the County of Tompkins, New York. The consumercredit transactions took place in Steuben County, New York. Plaintiff maintains a place of business at 9823 Science Center Drive, Painted Post, NY 14870. Dated: Apel G@ , 2024 By: Salo. aa A Rochester, New York John K. McAndrew,Esq. Khalil H. Williams, Esq. Khalil O. Vrede, Esq. WOODS OVIATT GILMAN LLP Attorneysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 {9495481: } 1 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 IMPORTANT NOTICE Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with the Court, and in particular, it does not change the time in which you must answerthis complaint. This legal pleading is a commandfrom the Court, and you mustfollow its instructions and respond within the time period set forth in the summons,even if you dispute the validity or amountof the debt as set forth in the validation notice. The validation notice also does not affect our relations with the Court. As a law firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions. Weare a debt collector, and this is an attempt to collect a debt. Any information weobtain will be used for that purpose. If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585- 987-2800 ext. 2856. (9495481: } 2 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 SUPREME COURT COUNTY OF TOMPKINS STATE OF NEW YORK SERVU FEDERAL CREDIT UNION, VERIFIED COMPLAINT Plaintiff, vs. Case No.: BRANDONS. ELLENSON, Defendant. Plaintiff, ServU Federal Credit Union, by its attorneys Woods Oviatt Gilman LLP,forits Verified Complaint against defendant, alleges that: THE PARTIES: 1, Plaintiff is a federal credit union authorized to do business in the State of New York. 2. | Upon information and belief, defendant BRANDON S. ELLENSON (hereinafter "Defendant") is an individual and resides in the County of Tompkins, and State of New York. THE LOAN AGREEMENT ACCOUNT ENDING IN 4-145: 3, On May 6, 2021, Defendant signed and entered into a Loan and Security Agreements and Disclosure Statement (“Agreement 4-145”), a true copy of whichis attached hereto as Exhibit A. 4. Pursuant to the terms of Agreement 4-145, Defendant agreed to pay Plaintiff the total amount of $6,802.52 in 82 equal monthly installments of $82.00, followed by a final payment of $78.52, which includesinterest (as calculated at the contractual rate of 3.04% per annum onthe principal sum). 5. Thelast four digits of the Defendant's account numberwith Plaintiff is *******4-145. 6. Pursuant to the terms of Agreement 4-145, the Defendant agreed to repay the sums advanced and due under Agreement 4-145 directly to Plaintiff and Plaintiff is the original creditor identified in the Agreement. 7. Plaintiff is the owner and holder of the Agreement 4-145. {9495481: } 3 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 8, Defendant breached Agreement 4-145 by failing to make the required payments in accordance with the terms of the Agreement 4-145, which is an event of default under the terms of the Agreement4-145 (the "4-145 Default"). 9, The last payment on the Agreement 4-145 was made on June 30, 2022 in the amount of $239.95, 10. Dueto the Default, Plaintiff exercised its right to repossess and sell the collateral identified in the Agreement ("Collateral"). 11. Plaintiff timely provided the Defendant with all the required notices both before and after the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable in all respects. 12. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of the sums due on Agreement 4-145 and there remains an unpaid balance due on Agreement 4-145, 13. Due to the Default, Plaintiff accelerated the unpaid balance due under the Agreement 4- 145.-— 14. Despite due demand, the Defendant has failed to pay the deficiency remaining unpaid on Agreement 4-145 15. After application of any applicable credits, the principal sum of $4,208.90, plus per diem interest of $0.35 (as calculated at the contractual rate of 3.04% per annum onthe principal sum) from June 29, 2023, the unpaid balance on Agreement 4-145, remains dueto Plaintiff (the "4-145 Indebtedness"). THe LOAN AGREEMENT ACCOUNTENDINGIN 4-149: 16. On December 20, 2021, Defendant signed and entered into a Loan and Security Agreements and Disclosure Statement ("Agreement 4-149"), a true copy of which is attached hereto as Exhibit B. 17. Pursuant to the terms of Agreement 4-149, Defendant agreed to pay Plaintiff the total amount of $35,468.12 in 83 equal monthly installments of $422.24, followed by a final payment of (9495481: } 4 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 $422.20, which includes interest (as calculated at the contractual rate of 3.040% per annum on the principal sum). 18. The last four digits of the Defendants' account numberwith Plaintiff is *******4-149. 19. Pursuant to the terms of Agreement 4-149, the Defendant agreed to repay the sums advanced and due under Agreement 4-149 directly to Plaintiff and Plaintiff is the original creditor identified in Agreement 4-149, 20. Defendant breach Agreement 4-149 by failing to make the required payments in accordance with the terms of Agreement 4-149, which is an event of default under the terms of Agreement 4-149 (the "4-149 Default"). 21. The last payment on Agreement 4-149 was made on February 22, 2023 in the amountof $122.24. 22. Due to the Default, Plaintiff exercised its right to repossess and sell the collateral identified -——in theAgreement-(the-"Collateral"). -—-- 23. Plaintiff timely provided the Defendant with all the required notices both before and after the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable inall respects. 24. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of the sums due on Agreement 4-149 and there remains an unpaid balance due on Agreement 4-149. | 25. Plaintiff provided a written notice and explanation of the deficiency remaining unpaid on Agreement 4-149 and a demandfor payment of such sum to the Defendant. 26. Due to the Default, Plaintiff accelerated the unpaid balance due under Agreement4-149. 27. Despite due demand, the Defendant has failed to pay the deficiency remaining unpaid on Agreement 4-149. 28. After application of any applicable credits, the principal sum of $17,814.59, plus per diem interest of $1.48 (as calculated at the contractual rate of 3.04% per annum onthe principal sum) from {9495481: } 5 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 September 29, 2023, the unpaid balance on Agreement 4-149, remains due to Plaintiff (the "4-149 Indebtedness") | AS AND FOR A FIRST CAUSE OF ACTION 29. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphsas thoughfully set forth herein. 30. Pursuant to the terms of Agreement 4-145, in the event of default, Defendant agreed to pay Plaintiff all sums due and owing under Agreement 4-145. 31. Defendants remain in default under the terms of Agreement 4-145 and has failed to pay Plaintiff all sums due and owing under Agreement 4-145. 32. Due to Defendant's breach of Agreement 4-145, Plaintiff has been damaged in the amount of the 4-145 Indebtedness. 33. Defendant owes Plaintiff the 4-145 Indebtedness, as set forth hereinabove andis entitled to —-—a-judgment-against-the-Defendant-for-such-sum. --— onsen aac nanan nancananaac AS AND FOR A SECOND CAUSE OF ACTION 34. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphs as thoughfully set forth herein. 35. Pursuant to the terms of Agreement 4-149,in the event of default, Defendantagreed to pay Plaintiff all sums due and owing under Agreement 4-149. 36. Defendant remains in default under the terms of the Agreement 4-149 and hasfailed to pay Plaintiff all sums due and owing under Agreement 4-149. 37. Due to the Defendant's breach of the Agreement 4-149, Plaintiff has been damaged in the amountof the 4-149 Indebtedness. 38. Defendant owesPlaintiff the 4-149 Indebtedness, as set forth hereinabove and Plaintiff is entitled to a judgment against the Defendants for such sum. (9495481: } 6 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 AS AND FOR A THIRD CAUSE OF ACTION 39. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphs as though fully set forth herein. 40. Pursuant to the terms of the Agreements, in the event of default, Defendant agreed to pay Plaintiff's costs and attorney fees for collection of the amounts due under the Agreement. 41. Defendant owes Plaintiff costs and attorney's fees in an amount to be determined by the Court. WHEREFORE,Plaintiff respectfully demands judgment against the Defendant as follows: A. Onthefirst cause of action, the principal sum of $4,208.90, plus per diem interest of $0.35 from June 29, 2023 until the entry ofjudgment; B. On the second cause of action, the principal sum of $17,814.59, plus per diem interest of $1.48 from September 29, 2023 until the entry ofjudgment; ++...E-—--—On-thethird-cause-of-action; for costs-and-attorney's-fees-as determined-by-the-Gourt;—--—-- D. Granting such otherand furtherrelief as the Court deemsjust and proper. Dated: Apn'/ G 2024 By: A@LaC¥ p>: Rochester, New York John K. McAndrew,Esq. ~ Khalil H. Williams, Esq. Khalid O. Vrede, Esq. WOODSOVIATT GILMAN LLP Attorneysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 (9495481: } 7 of 8 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 CI2024-07030 Index #: EF2024-0260 VERIFICATION STATE OF NEW YORK) COUNTY OF MONROE)ss: The undersigned, an attorney admitted to practice in the courts of New York State, shows: that Deponent is the attorney of record for Plaintiffs in the within action; that Deponent has read the foregoing Complaint and knowsthe contents thereof; that the same is true to Deponent's own knowledge, except as to the matters therein stated to be alleged on information andbelief, and that as to those matters Deponent believes it to be true. Deponent further says that the reason this verification is made by Deponent and not by Plaintiffs is that Plaintiffs are not located in the county in which your Deponenthas an office. The undersigned affirms that the foregoing statements are true, under penalties of perjury. KwAatl pr Khalil H. Williams, Esq. Sworn to before this day of “ , 2024 E _ LORILEEPF Notary Public, State of New York Qualified in Monroe County Reg. No. 01PF4972161 r 17, 2026 Commission Expires Septembe Notary Public, Qualified in Reg. No, PF4972164 Gammiasion Expires September 17, 208 {9495481: } 8 of 8