Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFWESTCHESTER
- - - - - - - ------------------ -------- --- - ----- - - - - - - -X SUMMONS
Bank of America, N.A.
Pl ainti ff , COURT INDEX#:
MJRF#: 02241832
-Against-
JEANCARLOSDURAN Plaintiff's Address:
100 NORTHTRY0N STREET
Defendant (s) CHARLOTTE,NC 28202
-------------------------------------------------Ç
Defendant's Address:
20 ANDREWSLN APT 20C
SLEEPY HOLLOW,NY 10591
Plaintiff designates WESTCHESTERCounty, 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 t n wer, a judgment will be entered
against you by default for the relief demande h complaint.
MAY 3 1 2024
Dated:
RAL W. FLYNN KERRI S. FLYNN
KRIST NE D. FLYNN -SALVATOREANTHONYCANDELA
-AMY G VLIK -DANA MARIE ARRICK
MULLOOLY , JEFFREY, R00NEY& FLYTIN LLP
Attorneys for Pl ainti ff
6851 Jeri cho Tpke, Suite 220
P.0.BOX 9036
Syosset, NY 11791-9036
(516)656-5300
NOTE: The law provides that:
(a)If this 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 AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS) 4124TK
1 of 3
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
_____________________________________________Ç
Bank of America, N.A.
Plaintiff,
v. INDEX#:
DURAN
JEANCARLOS MJRF#: 02241832
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 CAUSEOF ACTION
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 6/24/22 for the sum of $689.00.
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: $14,057.69
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: $14,057.69
The Account is not accruing post charge-off interest.
SECONDCAUSEOFACTION
7. In accordance with federal regulatibns, 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 2/28/23.
Attached hereto as Exhibit "A" is a of the charge-off statement.
copy
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 4582 and a balance of $12,037.91.
2 of 3
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
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 $14,057.69, together with costs and disbursements.
Respectfully submitted,
MAY 3 1 2024
Dated:
_ RALD . FLYNN _KERRI S. FLYNN
RISTIFE D. FLYNN _SALVATOREANTHONYCANDELA
_AMYGAVLIK _DANAMARIE ARRICK
MULLOOLY,JEFFREY,R00NEY & FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset.NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPT TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS)
Mj rf#: 02241832
3 of 3
Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFWESTCHESTER - - - - - - - ------------------ -------- --- - ----- - - - - - - -X SUMMONS Bank of America, N.A. Pl ainti ff , COURT INDEX#: MJRF#: 02241832 -Against- JEANCARLOSDURAN Plaintiff's Address: 100 NORTHTRY0N STREET Defendant (s) CHARLOTTE,NC 28202 -------------------------------------------------Ç Defendant's Address: 20 ANDREWSLN APT 20C SLEEPY HOLLOW,NY 10591 Plaintiff designates WESTCHESTERCounty, 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 t n wer, a judgment will be entered against you by default for the relief demande h complaint. MAY 3 1 2024 Dated: RAL W. FLYNN KERRI S. FLYNN KRIST NE D. FLYNN -SALVATOREANTHONYCANDELA -AMY G VLIK -DANA MARIE ARRICK MULLOOLY , JEFFREY, R00NEY& FLYTIN LLP Attorneys for Pl ainti ff 6851 Jeri cho Tpke, Suite 220 P.0.BOX 9036 Syosset, NY 11791-9036 (516)656-5300 NOTE: The law provides that: (a)If this 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 AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) 4124TK 1 of 3 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER _____________________________________________Ç Bank of America, N.A. Plaintiff, v. INDEX#: DURAN JEANCARLOS MJRF#: 02241832 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 CAUSEOF ACTION 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 6/24/22 for the sum of $689.00. 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: $14,057.69 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: $14,057.69 The Account is not accruing post charge-off interest. SECONDCAUSEOFACTION 7. In accordance with federal regulatibns, 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 2/28/23. Attached hereto as Exhibit "A" is a of the charge-off statement. copy 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 4582 and a balance of $12,037.91. 2 of 3 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 05:58 PM INDEX NO. 63656/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 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 $14,057.69, together with costs and disbursements. Respectfully submitted, MAY 3 1 2024 Dated: _ RALD . FLYNN _KERRI S. FLYNN RISTIFE D. FLYNN _SALVATOREANTHONYCANDELA _AMYGAVLIK _DANAMARIE ARRICK MULLOOLY,JEFFREY,R00NEY & FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset.NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPT TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) Mj rf#: 02241832 3 of 3