Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
____________________________________________ Plaintiffdesignates WESTCHESTER
DISCOVERBANK County as the place of trial; the defendant
resides in WESTCHESTER
County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE
DATE:
S&S FILE NO. D182342
NICKOYCMORRISON
DEFENDANT. SUMMONS
____________________________________________ Plaintiffs address: C/O DISCOVER
PRODUCTS
INC.
6500 NEWALBANYROADEAST, NEW
ALBANY, OH43054
The Basis of the Venue is Defendant's
Residence
CONSUMER
CREDITTRANSACTION
TO THEABOVENAMED
DEFENDANT(S):
YOUAREHEREBYSUMMONED
to answer the complaint in this action and
to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the state of NewYork); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: June 05, 2024
Selip &
Stylianou, LLP
Attorneys for plaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. D182342
Defendant to be served: NICKOYC MORRISON,419 CEDARAVEAPT 1, MOUNT
VERNON,NY 10553
This communication is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
By:
DAVID HENESQ.
111111111111111111111111111111111111111111111
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
COURTOFTHESTATEOFNEWYORK
SUPREME
COUNTY
OFWESTCHESTER
__________________________________________________
DISCOVERBANK
PLAINTIFF, INDEXNUMBER:
-AGAINST- S&S FILE NO. D182342
NICKOYCMORRISON COMPLAINT
DEFENDANT.
__________________________________________________
Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a state chartered bank insured by the FDIC.
2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which
this action is brought, or the Defendant(s) transacted business within the venue in which this action is
brought, either in person or through an agent, and the instant cause of action arose out of said transaction.
3. Plaintiff is authorized to bring the lawsuit pursuant to NewYork State Banking Law §200(4).
4. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted
herein has not expired.
FACTS
5. A revolving credit account (hereafter the "Account") was opened in Defendant's name, subject
to the terms and conditions provided, or madeavailable in electronic format, to the Defendant (the
"Agreement"). A copy of the charge-off statement is attached hereto. Plaintiff is the original creditor (as
defined in NYCPLR§ 105(q-1)) and owner of the Account.
6. Defendant used the Account and incurred a balance. The last four digits of the Account
number on the most recent monthly statement recording a purchase transaction, last payment, or balance
transfer (the "Last Activity Statement") are 1691, and the balance owed as set forth in the Last Activity
Statement was $2,285.28.
7. Defendant breached the terms of the Agreement by failing to makethe agreed-upon payments
when due.
8. Demandfor payment of the Account was madeon Defendant, but Defendant failed to make
all the required payments. The Defendant's last payment was madeon or about July 21, 2023 in the amount
of $69.00.
9. As a result of Defendant's default, the Plaintiff closed the Account and subsequently charged it
off on February 29, 2024 in the amount of $2,764.20, as reflected in the attached statement, which was
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
mailed or otherwise madeavailable to the Defendant on or about February 29, 2024.
10. The balance currently due and owing is $2,764.20, itemized as follows:
Balance due at time of charge-off: $2,764.20
Plus total amount of interest accrued since charge-off: $0.00
Plus total amount of non-interest charges or fees since charge-off: $0.00
Plus total amount of dishonored payments: $0.00
Less total amount of payments and/or credits since charge-off: $0.00
AS ANDFORA FIRST CAUSEOFACTION
11. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs
as if more fully set for herein.
12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all
payments and credits, there is now due and owing by Defendant to Plaintiff the sumof $2,764.20, no part
of which has been paid despite due demand therefor.
WHEREFORE,
Plaintiff demandsjudgment against Defendant(s) in the amount of $2,764.20 together
with disbursements, with post-judgment interest to accrue thereon as authorized by law.
The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief,
formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and
the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: JUNE05, 2024
YOURS, ETC.
By:
DAVID C ENESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext. 8991;
S&S File No. D182342
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
__________________________________________________
DISCOVERBANK
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
NICKOYCMORRISON S&SFILE NO. D182342
DEFENDANT.
__________________________________________________
NOTICE OFCOMMENCEMENT
OFACTIONSUBJECTTO MANDATORY
ELECTRONIC
FILING
PLEASETAKENOTICEthat the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the NewYork State Courts Electronic Filing
System ("NYSCEF"), 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.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. For additional information about electronic filing, and to
create a NYSCEFaccount, visit the NYSCEFwebsite at www.nycourts.gov/efile or contact the
NYSCEFResource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, NewYork, NewYork 10007).
Exemptions from mandatory e-filing (Section
202.5-bb(e)) are limited to:
1) 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 operational
knowledge to comply with e-filing and
requirements;
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: June 05, 2024
Selip tylianou, LLP
By: DAVID COHEN
ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: NICKOYC MORRISON,419 CEDARAVEAPT 1, MOUNT
VERNON,NY 10553
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Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER ____________________________________________ Plaintiffdesignates WESTCHESTER DISCOVERBANK County as the place of trial; the defendant resides in WESTCHESTER County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. D182342 NICKOYCMORRISON DEFENDANT. SUMMONS ____________________________________________ Plaintiffs address: C/O DISCOVER PRODUCTS INC. 6500 NEWALBANYROADEAST, NEW ALBANY, OH43054 The Basis of the Venue is Defendant's Residence CONSUMER CREDITTRANSACTION TO THEABOVENAMED DEFENDANT(S): YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the state of NewYork); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: June 05, 2024 Selip & Stylianou, LLP Attorneys for plaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500 Refer to S&S File No. D182342 Defendant to be served: NICKOYC MORRISON,419 CEDARAVEAPT 1, MOUNT VERNON,NY 10553 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. By: DAVID HENESQ. 111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 COURTOFTHESTATEOFNEWYORK SUPREME COUNTY OFWESTCHESTER __________________________________________________ DISCOVERBANK PLAINTIFF, INDEXNUMBER: -AGAINST- S&S FILE NO. D182342 NICKOYCMORRISON COMPLAINT DEFENDANT. __________________________________________________ Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is a state chartered bank insured by the FDIC. 2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this action is brought, or the Defendant(s) transacted business within the venue in which this action is brought, either in person or through an agent, and the instant cause of action arose out of said transaction. 3. Plaintiff is authorized to bring the lawsuit pursuant to NewYork State Banking Law §200(4). 4. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted herein has not expired. FACTS 5. A revolving credit account (hereafter the "Account") was opened in Defendant's name, subject to the terms and conditions provided, or madeavailable in electronic format, to the Defendant (the "Agreement"). A copy of the charge-off statement is attached hereto. Plaintiff is the original creditor (as defined in NYCPLR§ 105(q-1)) and owner of the Account. 6. Defendant used the Account and incurred a balance. The last four digits of the Account number on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer (the "Last Activity Statement") are 1691, and the balance owed as set forth in the Last Activity Statement was $2,285.28. 7. Defendant breached the terms of the Agreement by failing to makethe agreed-upon payments when due. 8. Demandfor payment of the Account was madeon Defendant, but Defendant failed to make all the required payments. The Defendant's last payment was madeon or about July 21, 2023 in the amount of $69.00. 9. As a result of Defendant's default, the Plaintiff closed the Account and subsequently charged it off on February 29, 2024 in the amount of $2,764.20, as reflected in the attached statement, which was 2 of 4 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 mailed or otherwise madeavailable to the Defendant on or about February 29, 2024. 10. The balance currently due and owing is $2,764.20, itemized as follows: Balance due at time of charge-off: $2,764.20 Plus total amount of interest accrued since charge-off: $0.00 Plus total amount of non-interest charges or fees since charge-off: $0.00 Plus total amount of dishonored payments: $0.00 Less total amount of payments and/or credits since charge-off: $0.00 AS ANDFORA FIRST CAUSEOFACTION 11. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set for herein. 12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all payments and credits, there is now due and owing by Defendant to Plaintiff the sumof $2,764.20, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiff demandsjudgment against Defendant(s) in the amount of $2,764.20 together with disbursements, with post-judgment interest to accrue thereon as authorized by law. The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief Administrator. Dated: JUNE05, 2024 YOURS, ETC. By: DAVID C ENESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext. 8991; S&S File No. D182342 3 of 4 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:21 PM INDEX NO. 63554/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER __________________________________________________ DISCOVERBANK PLAINTIFF, -AGAINST- INDEX NUMBER: NICKOYCMORRISON S&SFILE NO. D182342 DEFENDANT. __________________________________________________ NOTICE OFCOMMENCEMENT OFACTIONSUBJECTTO MANDATORY ELECTRONIC FILING PLEASETAKENOTICEthat the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the NewYork State Courts Electronic Filing System ("NYSCEF"), 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. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. For additional information about electronic filing, and to create a NYSCEFaccount, visit the NYSCEFwebsite at www.nycourts.gov/efile or contact the NYSCEFResource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60 Centre Street, NewYork, NewYork 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) 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 operational knowledge to comply with e-filing and requirements; 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: June 05, 2024 Selip tylianou, LLP By: DAVID COHEN ESQ., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: NICKOYC MORRISON,419 CEDARAVEAPT 1, MOUNT VERNON,NY 10553 4 of 4