On January 02, 2024 a
AFFIRMATION (Motion #001) - Attorney's Affirmation
was filed
involving a dispute between
Five Star Bank,
and
Shawn P. Thomas,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 04/03/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
FIVE STAR BANK,
Plaintiff, ATTORNEY'S
AFFIRMATION
vs.
Index No. 800094/2024
SHAWN P. THOMAS,
Defendant.
Khalil H. Williams, under penalties of perjury, affirms the truth of the following:
1. I am an associate with the law firm of Woods Oviatt Gilman LLP, attorneys for
Plaintiff in this action. I make this Affidavit based on personal knowledge and in support of
Plaintiffs motion for default judgment. As such, I am familiar with the facts and circumstances
stated in this Affirmation.
2. This action was commenced on January 2, 2024, following the filing of a
Summons and Complaint in the office of the clerk of the Erie County. A copy of the Summons
"A."
and Complaint is annexed hereto as Exhibit
3. Defendant, Shawn P. Thomas, was served with the Summons and Complaint on
January 24, 2024 through nail and mail service. The Affidavit of Service was filed on February
"B."
2, 2024. A copy of the Affidavit of Service is annexed hereto as Exhibit
4. The additional mailing pursuant to CPLR § 3215 was sent on February 9, 2024 and
"C."
was not returned. A copy of the Affidavit is annexed hereto as Exhibit
5. The Defendant's time to answer the Complaint expired on March 13, 2024. The
Defendant failed to serve an Answer before said date, thus the Defendant is in default.
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FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 04/03/2024
6. On March 18, 2024, Plaintiff e-filed a proposed default judgment and the
necessary supporting documents (NYSCEF Does. No. 5, 6, 7 and 8) at approximately 10:25 a.m.
"D."
Copies of the documents e-filed are annexed hereto as Exhibit
7. On March 18, 2024, Defendant filed a Pro Se Answer (NYSCEF Doc. No. 9) at
"E."
approximately 2:53 p.m. A copy of the said Answer is annexed hereto as Exhibit
8. On March 19, 2024, a Notice of Return and Rejection of Answer was e-filed, as
the Answer was untimely. The proposed Answer, with the Notice of Return and Rejection, was
also mailed to Defendant. A copy of the Notice of Return and Rejection of Answer and
"F."
Affidavit of Mailing (NYSCEF Doc. Nos. 10 and 11) are annexed hereto as Exhibit
9. On March 21, 2024, we received notification from the Clerk through NYSCEF that
the default judgment was rejected for the following reason: An Answer was entered by the
defendant. We will need an order from a judgment stating that the Answer was reviewed and
- HRA."
dismissed, or a Stipulation of Settlement signed by both parties. A copy of said Notice
"G."
is annexed hereto as Exhibit
10. Plaintiff is entitled to a judgment against the Defendant; however, because of the
Clerk's Office is requesting this matter be reviewed by a judge, Plaintiff is unable to simply enter
a default judgment and instead seeks judgment by this motion.
Dated: April 3, 2024
Khalil H. Williams, Esq.
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Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 04/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE FIVE STAR BANK, Plaintiff, ATTORNEY'S AFFIRMATION vs. Index No. 800094/2024 SHAWN P. THOMAS, Defendant. Khalil H. Williams, under penalties of perjury, affirms the truth of the following: 1. I am an associate with the law firm of Woods Oviatt Gilman LLP, attorneys for Plaintiff in this action. I make this Affidavit based on personal knowledge and in support of Plaintiffs motion for default judgment. As such, I am familiar with the facts and circumstances stated in this Affirmation. 2. This action was commenced on January 2, 2024, following the filing of a Summons and Complaint in the office of the clerk of the Erie County. A copy of the Summons "A." and Complaint is annexed hereto as Exhibit 3. Defendant, Shawn P. Thomas, was served with the Summons and Complaint on January 24, 2024 through nail and mail service. The Affidavit of Service was filed on February "B." 2, 2024. A copy of the Affidavit of Service is annexed hereto as Exhibit 4. The additional mailing pursuant to CPLR § 3215 was sent on February 9, 2024 and "C." was not returned. A copy of the Affidavit is annexed hereto as Exhibit 5. The Defendant's time to answer the Complaint expired on March 13, 2024. The Defendant failed to serve an Answer before said date, thus the Defendant is in default. {9522260: } 1 of 2 FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 04/03/2024 6. On March 18, 2024, Plaintiff e-filed a proposed default judgment and the necessary supporting documents (NYSCEF Does. No. 5, 6, 7 and 8) at approximately 10:25 a.m. "D." Copies of the documents e-filed are annexed hereto as Exhibit 7. On March 18, 2024, Defendant filed a Pro Se Answer (NYSCEF Doc. No. 9) at "E." approximately 2:53 p.m. A copy of the said Answer is annexed hereto as Exhibit 8. On March 19, 2024, a Notice of Return and Rejection of Answer was e-filed, as the Answer was untimely. The proposed Answer, with the Notice of Return and Rejection, was also mailed to Defendant. A copy of the Notice of Return and Rejection of Answer and "F." Affidavit of Mailing (NYSCEF Doc. Nos. 10 and 11) are annexed hereto as Exhibit 9. On March 21, 2024, we received notification from the Clerk through NYSCEF that the default judgment was rejected for the following reason: An Answer was entered by the defendant. We will need an order from a judgment stating that the Answer was reviewed and - HRA." dismissed, or a Stipulation of Settlement signed by both parties. A copy of said Notice "G." is annexed hereto as Exhibit 10. Plaintiff is entitled to a judgment against the Defendant; however, because of the Clerk's Office is requesting this matter be reviewed by a judge, Plaintiff is unable to simply enter a default judgment and instead seeks judgment by this motion. Dated: April 3, 2024 Khalil H. Williams, Esq. {9522260: } 2 of 2