Preview
FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFSUFFOLK
- - - - - - - -------- -- - - - - - - - - - - - - - - - ---- - - - - - - - - - - - - -X SUMMONS
Bank of Ameri ca , N. A.
Plaintiff, COURT INDEX#:
MJRF#: 02246158
-Against-
JEFFREY LITTERINE Plainti ff 's Address:
100 NORTHTRY0N STREET
Defendant(s) CHARLOTTE,NC 28202
_________________________________________________Ç
Defendant's Address:
7 BAY VIEW DR W
HAMPTONBAYS,NY 11946
Plaintiff designates SUFFOLK County as the place of trial. The basis of the venue is:
DEFENDANTRESIDES IN THE COUNTY
TO THE ABOVE NAMEDDEFENDANT(S):
YOUAREHEREBYSUMMONED
to answer the complaint in this action and to serve a copy of your answer on Plaintiff's
attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
YOU ARE HEREBYNOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the complaint.
Dated: M2 8 2024
(L
GERALDW. FLYNN KERRI S. FLYNN
-KRISTINE D. FLYNN -SALVATOREANTHONYCANDELA
AMYGAVLIK -0ANA MARIE ARRICK
HULLOOLY , JEFFREY
, R00NEY& FLYGNLLP
Attorneys for Pl ainti ff
6851 Jeri cho Tpke , Sui te 220
P.0. BOX 9036
Syosset , NY 11791-9036
(516)656-5300
NOTE: The law provides that:
(a)Ifthis summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTYdays after such service(not counting the
day of service itself); or
(b)If this summons is served by delivery to any person other than you personally, or is
served outside the State of New York or by publication, or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
THIS IS AN ATTEMPT TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS) 4124TK
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FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
_____________________________________________Ç
Bank of America, N.A.
Plaintiff,
v. INDEX#:
JEFFREYLITTERINE MJRF#: 02246158
Defendant(s)
__ ___________________________________________Ç
COMPLAINT
Plaintiff, Bank of America, N.A., through its attorneys upon information and belief,
claims as follows:
1. That the Defendant(s) resides in the county in which this action is brought; or that
the Defendant(s) transacted business within the county in which this action is brought in
person or through his/her agent and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association organized and existing under the laws of
the United States of America.
3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the
successor-in-interest to FIA Card Services,N.A. ("FIA"),formerly known as MBNAAmerica
Bank,N.A. FIA was merged into and under the charter and title of Plaintiff, effective
October 1,2014.
FIRST CAUSEOFACTION
4. Defendant applied for and received a credit account (the "Account"), which is owned
and administered by Plaintiff, the original creditor, Bank of America, N.A., Defendant
used or authorized the use of the Account for the acquisition of goods, services, balance
transfers or cash advances in accordance with the customer agreement("Agreement")
governing use of the Account with Plaintiff.
5. The last payment made by the Defendant was on 10/14/22 for the sum of $116.00.
Defendant breached the Agreement by failing to make periodic payments as required thereby
and the Account was subsequently charged-off. The entire balance on the Account is owed
to Plaintiff and is presently due and payable in full.
5. Itemization of the amount sought:
Total amount of the debt due as of charge-off: $6,595.14
Total amount of interest accrued since charge-off: +$0.00
Total amount of fees accrued since charge-off: +$0.00
Total amount of non-interest charges since charge-off: +$0.00
Total amount of payments and/or credits since charge-off: -$0.00
The current Account balance is: $6,595.14
The Account is not accruing post charge-off interest.
SECONDCAUSEOF ACTION
7. In accordance with federal regulations, monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection.
8. The final statement of Account was provided to the Defendant on or about 3/31/23.
Attached hereto as Exhibit "A" is a
copy of the charge-off statement.
9. Based on state law disclosure requirements, the last periodic statement recording a
purchase, last payment, or balance transfer provided to Defendant prior to charge-off
reflected Account number ending in 2628 and a balance of $6,574.71.
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FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
10. Based on Plaintiff's records, there are no unresolved billing disputes related to the
Account.
WHEREFORE,Plaintiff, Bank of America, N.A., prays that judgment be entered against
Defendant for:
the sum of $6,595.14, together with costs and disbursements.
Respectfully submitted,
Dated:
_GERALDW. FLYNN _KERRI S. FLYNN
KRISTINE D. FLYNN SALVATOREANTHONYCANDELA
--AMY GAVLIK -©ANA MARIE ARRICK
MULLOOLY,JEFFREY,R00NEY & FLY-GN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS)
Mjrf#:02246158
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FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
_____________________________________________Ç
Bank of America, N.A.
Plaintiff,
v. INDEX#:
JEFFREYLITTERINE MJRF#: 02246158
Defendant(s)
_____________________________________________Ç
***** NOTICE OF ELECTRONIC FILING *****
_ _______ _ _ _ _____________________ _ _ _____
(Mandatory Case: Uniform Rule § 202.5-bb)
(Consensual Case: Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
* If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys").
* If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your documents
in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
*
serving and filing your documents electronically
* free access to view and print your e-filed documents
*
limiting your number of trips to the courthouse
*
paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
* visit: http://www.nycourts.gov/efile-unrepresented or
* contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov
***** INFORMATION FOR ATTORNEYS*****
Consensual Case:
_ _______________
An attorney representing a party who is served with this notice must either consent or
decline consent to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEFbut intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.gov/efile
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FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
Attorneys declining to consent must file with the court and serve on all parties of
record a declination of consent.
For additional information about electronic filing and to create a NYSCEFaccount, visit
the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Mandatory Case: (E-filing is Mandatory for Attorneys)
_______________
An attorney representing a party who is served with this notice must either:
1) Immediately record his or her representation within the e-filed matter on the NYSCEF
site www.nycourts.gov/efile; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
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 knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEFaccount, visit
the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
MAY 2 8 2024
Dated: (2hGh
GERALDW. FLYNN KERRI S. FLYNN
-KRISTINE D. FLYNN -SALVATOREANTHONYCANDELA
AMYGAVLIK DANAMARIE ARRICK
MULLOOLY,JEFFREY,R00NEY & FLVNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
EFILE@MJRF.COM
TO:JEFFREY LITTERINE
7 BAY VIEW DR W
HAMPTONBAYS,NY 11946
Mjrf#:02246158
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFSUFFOLK - - - - - - - -------- -- - - - - - - - - - - - - - - - ---- - - - - - - - - - - - - -X SUMMONS Bank of Ameri ca , N. A. Plaintiff, COURT INDEX#: MJRF#: 02246158 -Against- JEFFREY LITTERINE Plainti ff 's Address: 100 NORTHTRY0N STREET Defendant(s) CHARLOTTE,NC 28202 _________________________________________________Ç Defendant's Address: 7 BAY VIEW DR W HAMPTONBAYS,NY 11946 Plaintiff designates SUFFOLK County as the place of trial. The basis of the venue is: DEFENDANTRESIDES IN THE COUNTY TO THE ABOVE NAMEDDEFENDANT(S): YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff's attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. YOU ARE HEREBYNOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: M2 8 2024 (L GERALDW. FLYNN KERRI S. FLYNN -KRISTINE D. FLYNN -SALVATOREANTHONYCANDELA AMYGAVLIK -0ANA MARIE ARRICK HULLOOLY , JEFFREY , R00NEY& FLYGNLLP Attorneys for Pl ainti ff 6851 Jeri cho Tpke , Sui te 220 P.0. BOX 9036 Syosset , NY 11791-9036 (516)656-5300 NOTE: The law provides that: (a)Ifthis summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTYdays after such service(not counting the day of service itself); or (b)If this summons is served by delivery to any person other than you personally, or is served outside the State of New York or by publication, or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. THIS IS AN ATTEMPT TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) 4124TK 1 of 5 FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK _____________________________________________Ç Bank of America, N.A. Plaintiff, v. INDEX#: JEFFREYLITTERINE MJRF#: 02246158 Defendant(s) __ ___________________________________________Ç COMPLAINT Plaintiff, Bank of America, N.A., through its attorneys upon information and belief, claims as follows: 1. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business within the county in which this action is brought in person or through his/her agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association organized and existing under the laws of the United States of America. 3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services,N.A. ("FIA"),formerly known as MBNAAmerica Bank,N.A. FIA was merged into and under the charter and title of Plaintiff, effective October 1,2014. FIRST CAUSEOFACTION 4. Defendant applied for and received a credit account (the "Account"), which is owned and administered by Plaintiff, the original creditor, Bank of America, N.A., Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement("Agreement") governing use of the Account with Plaintiff. 5. The last payment made by the Defendant was on 10/14/22 for the sum of $116.00. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 5. Itemization of the amount sought: Total amount of the debt due as of charge-off: $6,595.14 Total amount of interest accrued since charge-off: +$0.00 Total amount of fees accrued since charge-off: +$0.00 Total amount of non-interest charges since charge-off: +$0.00 Total amount of payments and/or credits since charge-off: -$0.00 The current Account balance is: $6,595.14 The Account is not accruing post charge-off interest. SECONDCAUSEOF ACTION 7. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. 8. The final statement of Account was provided to the Defendant on or about 3/31/23. Attached hereto as Exhibit "A" is a copy of the charge-off statement. 9. Based on state law disclosure requirements, the last periodic statement recording a purchase, last payment, or balance transfer provided to Defendant prior to charge-off reflected Account number ending in 2628 and a balance of $6,574.71. 2 of 5 FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 10. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE,Plaintiff, Bank of America, N.A., prays that judgment be entered against Defendant for: the sum of $6,595.14, together with costs and disbursements. Respectfully submitted, Dated: _GERALDW. FLYNN _KERRI S. FLYNN KRISTINE D. FLYNN SALVATOREANTHONYCANDELA --AMY GAVLIK -©ANA MARIE ARRICK MULLOOLY,JEFFREY,R00NEY & FLY-GN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) Mjrf#:02246158 3 of 5 FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK _____________________________________________Ç Bank of America, N.A. Plaintiff, v. INDEX#: JEFFREYLITTERINE MJRF#: 02246158 Defendant(s) _____________________________________________Ç ***** NOTICE OF ELECTRONIC FILING ***** _ _______ _ _ _ _____________________ _ _ _____ (Mandatory Case: Uniform Rule § 202.5-bb) (Consensual Case: Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. * If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see "Information for Attorneys"). * If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: * serving and filing your documents electronically * free access to view and print your e-filed documents * limiting your number of trips to the courthouse * paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: * visit: http://www.nycourts.gov/efile-unrepresented or * contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov ***** INFORMATION FOR ATTORNEYS***** Consensual Case: _ _______________ An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEFbut intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile 4 of 5 FILED: SUFFOLK COUNTY CLERK 06/04/2024 02:47 PM INDEX NO. 613677/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEFaccount, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Mandatory Case: (E-filing is Mandatory for Attorneys) _______________ An attorney representing a party who is served with this notice must either: 1) Immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to 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 knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEFaccount, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). MAY 2 8 2024 Dated: (2hGh GERALDW. FLYNN KERRI S. FLYNN -KRISTINE D. FLYNN -SALVATOREANTHONYCANDELA AMYGAVLIK DANAMARIE ARRICK MULLOOLY,JEFFREY,R00NEY & FLVNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 EFILE@MJRF.COM TO:JEFFREY LITTERINE 7 BAY VIEW DR W HAMPTONBAYS,NY 11946 Mjrf#:02246158 5 of 5