Preview
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
Galaxy International Purchasing, LLC Index No.
4730 SOUTH FT APACHE RD STE 300 Date Filed:
LAS VEGAS, NV 89147-7947
Plaintiff,
vs. SUMMONS
VANESSA OLIN
8993 STATE ROUTE 53
BATH NY 14810
Defendant(s).
Our File No. 4926015
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned and required to serve upon Plaintiff's attorneys an answer to the complaint in this
action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty
(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.
This action is brought in the County of STEUBEN, because of the residence of the Defendant(s) is the
County of STEUBEN.
04/09/2024
DATED: RAUSCH STURM LLP
BY:
Krista Rose, Bar #5187935
Attorneys for Plaintiff
250 N. Sunnyslope Road, Suite 300
Brookfield, WI 53005
(866) 258-0021 TTY: 711
LawfirmNY@rauschsturm.com
This communication is from a debt collector. This is an attempt to collect a debt
and any information obtained will be used for that purpose.
Our File No. 4926015
1 of 5
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
Galaxy International Purchasing, LLC Index No.
Plaintiff,
vs.
VANESSA OLIN
8993 STATE ROUTE 53
BATH NY 14810
Defendant(s).
Our File No. 4926015
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY
ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by
filing of the accompanying documents with the County Clerk, 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.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service
of those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on
the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith
that they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented parties who choose not to participate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile@courts.state.ny.us.
04/09/2024
DATED: BY:
Krista Rose, Bar #5187935
Attorneys for Plaintiff
250 N. Sunnyslope Road, Suite 300
Brookfield, WI 53005
(866) 258-0021 TTY: 711
LawfirmNY@rauschsturm.com
To: VANESSA OLIN Our File No. 4926015
2 of 5
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
Galaxy International Purchasing, LLC Index No.
Plaintiff,
vs.
COMPLAINT
VANESSA OLIN
8993 STATE ROUTE 53
BATH NY 14810
Defendant(s).
Our File No. 4926015
Plaintiff, by and through its attorneys, RAUSCH STURM LLP, as and for its Complaint
against Defendant, alleges as follows:
PARTIES
1. At all times material the plaintiff, Galaxy International Purchasing, LLC
(hereinafter “Plaintiff”), was and is now a domestic corporation with its principal offices
located at 4730 SOUTH FT APACHE RD STE 300, LAS VEGAS, NV 89147-7947. Plaintiff
is licensed with the Department of Consumer Affairs in NYC (License #1345376) and Yonkers
(License #10129).
2. Upon information and belief, Defendant, VANESSA OLIN (hereinafter
“Defendant”) at all relevant times, was and is a resident of the County of STEUBEN, State of
New York.
JURISDICTION AND VENUE
3. This Court has jurisdiction over Defendant by virtue of CPLR § 301.
4. Venue in the County of STEUBEN is proper because it is the county of
Defendant's residence.
THE FACTS
5. Upon Defendant's request, LENDINGCLUB BANK, NATIONAL
ASSOCIATION, entered into a contract with Defendant for an installment loan (hereinafter
"Agreement").
6. The Agreement is attached hereto as Exhibit “A.”
7. The Original Creditor is LENDINGCLUB BANK, NATIONAL
ASSOCIATION.
3 of 5
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
8. Plaintiff is not the Original Creditor. The Account was sold to the Plaintiff on
September 30, 2022. The names of each previous owner of the account from the creditor that
originated your account is as follows:
a.
Name of Owner Date of Assignment Amount Due on Account as
(On or About) of Date of Assignment
LendingClub Bank, National N/A N/A
Association
September 30, 2022
Galaxy International September 30, 2022 $7,608.26
Purchasing, LLC
9. The last payment on the Account was made on March 11, 2022 in the amount of
$270.94.
10. The New York Consumer Credit Fairness Act requires us to provide the
Account Balance printed on the most recent monthly statement recording a purchase,
transaction, last payment or balance transfer. Monthly statements were not issued on this
account. Attached as Exhibit "B" is a copy of the payment history recording any purchases,
transactions, payments or balance transfers.
11. As required by the New York Consumer Credit Fairness Act (S.153/A.2382),
below is an itemization of the amount sought:
a. Principal: $6,863.17
b. Finance Charge or Charges: $.00
c. Fees Imposed by Original Creditor: $.00
d. Collection Costs:
e. Attorney’s Fees: $.00
f. Interest: $745.09
g. Any other Fees or Charges: $.00
4 of 5
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
12. Defendant breached the Agreement by refusing to pay the amount due as
required by the Agreement.
13. Although numerous demands have been made by Plaintiff upon Defendant for
payment, there remains an amount due and owing.
14. Plaintiff has performed all of the conditions, covenants and promises required
by it to be performed in accordance with the terms and conditions of the Agreement.
FIRST CAUSE OF ACTION
(Breach of Contract)
15. Paragraphs 1 through 15 are incorporated by reference as if set forth at length
herein.
16. Upon Defendant's request, Plaintiff entered into an Agreement with Defendants
for an installment loan.
17. Plaintiff has performed all of the conditions, covenants and promises required
by it to be performed in accordance with the terms and conditions of the Agreement.
18. Defendant has breached the Agreement by failing to pay as agreed.
19. As a result of the breach by Defendant, Plaintiff has been damaged in the sum of
$7,608.26.
WHEREFORE, Plaintiff demands a Judgment of this Court in its favor against
Defendant(s) for:
(a) compensatory damages in the sum of $7,608.26 together with interest at
2.00 % per annum from the date of judgment;
(b) the costs and disbursements of this action; and
(c) such other and further relief as the Court deems fair and proper.
04/09/2024
DATED: RAUSCH STURM LLP
By:
Krista Rose, Bar #5187935
Attorneys for Plaintiff
250 N. Sunnyslope Road, Suite 300
Brookfield, WI 53005
(866) 258-0021 TTY: 711
LawfirmNY@rauschsturm.com
5 of 5 Our File No. 4926015
Preview
FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN Galaxy International Purchasing, LLC Index No. 4730 SOUTH FT APACHE RD STE 300 Date Filed: LAS VEGAS, NV 89147-7947 Plaintiff, vs. SUMMONS VANESSA OLIN 8993 STATE ROUTE 53 BATH NY 14810 Defendant(s). Our File No. 4926015 TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to serve upon Plaintiff's attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (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. This action is brought in the County of STEUBEN, because of the residence of the Defendant(s) is the County of STEUBEN. 04/09/2024 DATED: RAUSCH STURM LLP BY: Krista Rose, Bar #5187935 Attorneys for Plaintiff 250 N. Sunnyslope Road, Suite 300 Brookfield, WI 53005 (866) 258-0021 TTY: 711 LawfirmNY@rauschsturm.com This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Our File No. 4926015 1 of 5 FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN Galaxy International Purchasing, LLC Index No. Plaintiff, vs. VANESSA OLIN 8993 STATE ROUTE 53 BATH NY 14810 Defendant(s). Our File No. 4926015 NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, 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. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. 04/09/2024 DATED: BY: Krista Rose, Bar #5187935 Attorneys for Plaintiff 250 N. Sunnyslope Road, Suite 300 Brookfield, WI 53005 (866) 258-0021 TTY: 711 LawfirmNY@rauschsturm.com To: VANESSA OLIN Our File No. 4926015 2 of 5 FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN Galaxy International Purchasing, LLC Index No. Plaintiff, vs. COMPLAINT VANESSA OLIN 8993 STATE ROUTE 53 BATH NY 14810 Defendant(s). Our File No. 4926015 Plaintiff, by and through its attorneys, RAUSCH STURM LLP, as and for its Complaint against Defendant, alleges as follows: PARTIES 1. At all times material the plaintiff, Galaxy International Purchasing, LLC (hereinafter “Plaintiff”), was and is now a domestic corporation with its principal offices located at 4730 SOUTH FT APACHE RD STE 300, LAS VEGAS, NV 89147-7947. Plaintiff is licensed with the Department of Consumer Affairs in NYC (License #1345376) and Yonkers (License #10129). 2. Upon information and belief, Defendant, VANESSA OLIN (hereinafter “Defendant”) at all relevant times, was and is a resident of the County of STEUBEN, State of New York. JURISDICTION AND VENUE 3. This Court has jurisdiction over Defendant by virtue of CPLR § 301. 4. Venue in the County of STEUBEN is proper because it is the county of Defendant's residence. THE FACTS 5. Upon Defendant's request, LENDINGCLUB BANK, NATIONAL ASSOCIATION, entered into a contract with Defendant for an installment loan (hereinafter "Agreement"). 6. The Agreement is attached hereto as Exhibit “A.” 7. The Original Creditor is LENDINGCLUB BANK, NATIONAL ASSOCIATION. 3 of 5 FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 8. Plaintiff is not the Original Creditor. The Account was sold to the Plaintiff on September 30, 2022. The names of each previous owner of the account from the creditor that originated your account is as follows: a. Name of Owner Date of Assignment Amount Due on Account as (On or About) of Date of Assignment LendingClub Bank, National N/A N/A Association September 30, 2022 Galaxy International September 30, 2022 $7,608.26 Purchasing, LLC 9. The last payment on the Account was made on March 11, 2022 in the amount of $270.94. 10. The New York Consumer Credit Fairness Act requires us to provide the Account Balance printed on the most recent monthly statement recording a purchase, transaction, last payment or balance transfer. Monthly statements were not issued on this account. Attached as Exhibit "B" is a copy of the payment history recording any purchases, transactions, payments or balance transfers. 11. As required by the New York Consumer Credit Fairness Act (S.153/A.2382), below is an itemization of the amount sought: a. Principal: $6,863.17 b. Finance Charge or Charges: $.00 c. Fees Imposed by Original Creditor: $.00 d. Collection Costs: e. Attorney’s Fees: $.00 f. Interest: $745.09 g. Any other Fees or Charges: $.00 4 of 5 FILED: STEUBEN COUNTY CLERK 04/12/2024 11:00 PM INDEX NO. E2024-0425CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 12. Defendant breached the Agreement by refusing to pay the amount due as required by the Agreement. 13. Although numerous demands have been made by Plaintiff upon Defendant for payment, there remains an amount due and owing. 14. Plaintiff has performed all of the conditions, covenants and promises required by it to be performed in accordance with the terms and conditions of the Agreement. FIRST CAUSE OF ACTION (Breach of Contract) 15. Paragraphs 1 through 15 are incorporated by reference as if set forth at length herein. 16. Upon Defendant's request, Plaintiff entered into an Agreement with Defendants for an installment loan. 17. Plaintiff has performed all of the conditions, covenants and promises required by it to be performed in accordance with the terms and conditions of the Agreement. 18. Defendant has breached the Agreement by failing to pay as agreed. 19. As a result of the breach by Defendant, Plaintiff has been damaged in the sum of $7,608.26. WHEREFORE, Plaintiff demands a Judgment of this Court in its favor against Defendant(s) for: (a) compensatory damages in the sum of $7,608.26 together with interest at 2.00 % per annum from the date of judgment; (b) the costs and disbursements of this action; and (c) such other and further relief as the Court deems fair and proper. 04/09/2024 DATED: RAUSCH STURM LLP By: Krista Rose, Bar #5187935 Attorneys for Plaintiff 250 N. Sunnyslope Road, Suite 300 Brookfield, WI 53005 (866) 258-0021 TTY: 711 LawfirmNY@rauschsturm.com 5 of 5 Our File No. 4926015