Preview
INDEX NO. 707069/2015
FILED: QUEENS COUNTY CLERK 07/07/2015 03:41 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/07/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS INDEX NO.
HARLEY-DAVIDSON CREDIT CORP. Plaintiff designates:
as assignee of EAGLEMARK SAVINGS QUEENS COUNTY
BANK, as the place of trial
Plaintiff, The basis of the venue is
-against- the Defendant’s residence address.
ANTHONY ELI the person, or party intended
to be in possession of the Collateral known
as a 2010 HARLEY-DAVIDSON FLSTN
SOFTAIL DELUXE
(VIN: 1HD1JD513AB026879),
Defendant.
SUMMONS WITH NOTICE
To the above named Defendant:
YOU ARE HEREBY SUMMONED 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(s) within 20 days after 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 New York); and in case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded herein.
Dated: July 2, 2015
New York, New York
DEFENDANTS' ADDRESSES: STON & STON, P.
ANTHONY ELI ttorneys for, aintiff
116-08 109th Ave. 295 Madison Avenue, Suite 930
South Ozone Park, NY 11420 New York, NY 10017
Tel: (212) 532-2700
Fax: (212) 922-9484
Upon your failure to appear and/or surrender the collateral, judgment will be taken against you for
possession on the first cause of action.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index #:
HARLEY-DAVIDSON CREDIT CORP. as assignee of
EAGLEMARK SAVINGS BANK,
Plaintiff, COMPLAINT
-against-
ANTHONY ELI the person, or party intended
to be in possession of the Collateral known
as a 2010 HARLEY-DAVIDSON FLSTN
SOFTAIL DELUXE
(VIN: 1HD1JD513AB026879),
Defendant.
The Plaintiff, by its attorneys, WINSTON & WINSTON, P.C., complaining of the
Defendant alleges as follows:
1 That at all times hereinafter mentioned, Plaintiff, HARLEY-DAVIDSON CREDIT
CORP, is a corporation organized under the laws of the State of Nevada with offices located in the
State of Illinois, County of Cook.
2. Upon information and belief, the Defendant, ANTHONY ELI is an individual
residing at 116-08 109" Ave., South Ozone Park, NY 11420.
3 Upon information and belief, venue is based on the Defendant’s residence address.
AS AND FOR A FIRST CAUSE OF ACTION (Possession)
4 On or about May 21, 2012, the Lender, Eaglemark Savings Bank (“ESB” or
“Lender”), entered into a Promissory Note and Security Agreement (“Agreement”) with the
Defendant, ANTHONY ELI, by which Defendant purchased a 2010 HARLEY-DAVIDSON
FLSTN SOFTAIL DELUXE (VIN: 1HD1JD513AB026879) (the “Collateral” or “Vehicle”).
5 For valuable consideration, the lender assigned all of its rights, title and interest in
the aforesaid contract to Plaintiff, on or about the same day. The assignment is noted in paragraph
23 of the Agreement. Plaintiff is owner and holder of said Promissory Note and Security
Agreement.
6 Plaintiff possesses a lien and a perfected security interest as illustrated by the Notice
of Recorded Lien on the title.
7
Defendant ANTHONY ELI is currently in default according to the terms of the
aforesaid contract in that he has failed to make payments as they became due. The Agreement
provides that in the event of default of any payment, all payments are accelerated and become due
and payable on demand and the Plaintiff can retake possession of the vehicle. That the aforesaid
contract was presented for payment wherein and whereby its terms it was due and payable and
payment was refused.
8 A principal balance is owing to Plaintiff with respect to the said contract in the sum
of $10,158.19, plus interest, late charges, and other contractual charges including attorney’s fees.
9 Upon information and belief, the current NADA estimated value of the said vehicle
is $12,910.00
10. Plaintiff is entitled to immediate possession based on the Agreement and Plaintiff’s
perfected lien.
11. Upon information and belief the Defendant, ANTHONY ELI retains control and/or
possession or may be able to regain control and/or possession of the vehicle and the Defendant
continues to intentionally and wrongfully hold the vehicle and refuses to surrender same, despite
due demand upon Defendants to surrender.
12. By reason thereof, the Plaintiff demands judgment against the Defendant,
ANTHONY ELI for possession of the Collateral known as a 2010 HARLEY-DAVIDSON FLSTN
SOFTAIL DELUXE (VIN: 1HD1JD513AB026879).
WHEREFORE, Plaintiff demands judgment in its favor, for such other and further relief that this
court may deem just and proper.
DATED: July 2, 2015
New York, New York
sander Powie' mski, Esq.
INSTON & WINSTON, P.C.
Attorneys for Plaintiff
295 Madison Avenue, Suite 930
New York, NY 10017
Tel: (212) 532-2700
Fax: (212) 922-9484
W&W File#: HDR 125
a
Index No. YEAR 2015
sass ———.SSSSSSSs=
NOTICE OF ENTRY== om
SUPREME COURT OF THE STATE OF NEW YORK
PLEASE take notice that the within is a (certified) COUNTY OF QUEENS
true copy of a duly entered in the office of the
clerk of the within named court on HARLEY-DAVIDSON CREDIT CORP., as
assignee of EAGLEMARK SAVINGS
Dated, BANK,
Plaintiff,
Yours, etc. -against-
WINSTON & WINSTON, P.C.
Attorneys for Plaintiff ANTHONY ELI the person, or party intended
Office and Post Office Address to be in possession of the Collateral known
295 Madison Avenue, Suite 930
as a 2010 HARLEY-DAVIDSON FLSTN
New York, NY 10017
(212) 532-2700 SOFTAIL DELUXE
(VIN: 1HD1JDS13AB026879),
To
Attorney(s) for
Defendants.
a
=======NOTICE OF SETTLEMENT========
PLEASE take notice that an order SUMMONS AND COMPLAINT
of which the within is a true copy will be
presented for settlement to the Hon.
one of the judges of the within named court, at
PTZ
Print name beng Aleks: fer Powittrzynski
_.
on WINSTON & WINSTON, P.C.
at M. Attorneys for Plaintiff
Dated,
Office and Post Office Address, Telephone
Yours, etc. 295 Madison Avenue, Suite 930
WINSTON & WINSTON, P.C. New York, NY 10017
Attorneys for Plaintiff Tel: (212) 532-2700
Office and Post Office Address Fax: (212) 532-2722
295 Madison Avenue, Suite 930
New York, NY 10017 W&wW File#: HDR 125
To To
Attorney(s) for Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated
Attorney(s) for
1500 — Blumberg Excelsior Inc., NYC 1001
Preview
INDEX NO. 707069/2015 FILED: QUEENS COUNTY CLERK 07/07/2015 03:41 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/07/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO. HARLEY-DAVIDSON CREDIT CORP. Plaintiff designates: as assignee of EAGLEMARK SAVINGS QUEENS COUNTY BANK, as the place of trial Plaintiff, The basis of the venue is -against- the Defendant’s residence address. ANTHONY ELI the person, or party intended to be in possession of the Collateral known as a 2010 HARLEY-DAVIDSON FLSTN SOFTAIL DELUXE (VIN: 1HD1JD513AB026879), Defendant. SUMMONS WITH NOTICE To the above named Defendant: YOU ARE HEREBY SUMMONED 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(s) within 20 days after 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 New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: July 2, 2015 New York, New York DEFENDANTS' ADDRESSES: STON & STON, P. ANTHONY ELI ttorneys for, aintiff 116-08 109th Ave. 295 Madison Avenue, Suite 930 South Ozone Park, NY 11420 New York, NY 10017 Tel: (212) 532-2700 Fax: (212) 922-9484 Upon your failure to appear and/or surrender the collateral, judgment will be taken against you for possession on the first cause of action. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index #: HARLEY-DAVIDSON CREDIT CORP. as assignee of EAGLEMARK SAVINGS BANK, Plaintiff, COMPLAINT -against- ANTHONY ELI the person, or party intended to be in possession of the Collateral known as a 2010 HARLEY-DAVIDSON FLSTN SOFTAIL DELUXE (VIN: 1HD1JD513AB026879), Defendant. The Plaintiff, by its attorneys, WINSTON & WINSTON, P.C., complaining of the Defendant alleges as follows: 1 That at all times hereinafter mentioned, Plaintiff, HARLEY-DAVIDSON CREDIT CORP, is a corporation organized under the laws of the State of Nevada with offices located in the State of Illinois, County of Cook. 2. Upon information and belief, the Defendant, ANTHONY ELI is an individual residing at 116-08 109" Ave., South Ozone Park, NY 11420. 3 Upon information and belief, venue is based on the Defendant’s residence address. AS AND FOR A FIRST CAUSE OF ACTION (Possession) 4 On or about May 21, 2012, the Lender, Eaglemark Savings Bank (“ESB” or “Lender”), entered into a Promissory Note and Security Agreement (“Agreement”) with the Defendant, ANTHONY ELI, by which Defendant purchased a 2010 HARLEY-DAVIDSON FLSTN SOFTAIL DELUXE (VIN: 1HD1JD513AB026879) (the “Collateral” or “Vehicle”). 5 For valuable consideration, the lender assigned all of its rights, title and interest in the aforesaid contract to Plaintiff, on or about the same day. The assignment is noted in paragraph 23 of the Agreement. Plaintiff is owner and holder of said Promissory Note and Security Agreement. 6 Plaintiff possesses a lien and a perfected security interest as illustrated by the Notice of Recorded Lien on the title. 7 Defendant ANTHONY ELI is currently in default according to the terms of the aforesaid contract in that he has failed to make payments as they became due. The Agreement provides that in the event of default of any payment, all payments are accelerated and become due and payable on demand and the Plaintiff can retake possession of the vehicle. That the aforesaid contract was presented for payment wherein and whereby its terms it was due and payable and payment was refused. 8 A principal balance is owing to Plaintiff with respect to the said contract in the sum of $10,158.19, plus interest, late charges, and other contractual charges including attorney’s fees. 9 Upon information and belief, the current NADA estimated value of the said vehicle is $12,910.00 10. Plaintiff is entitled to immediate possession based on the Agreement and Plaintiff’s perfected lien. 11. Upon information and belief the Defendant, ANTHONY ELI retains control and/or possession or may be able to regain control and/or possession of the vehicle and the Defendant continues to intentionally and wrongfully hold the vehicle and refuses to surrender same, despite due demand upon Defendants to surrender. 12. By reason thereof, the Plaintiff demands judgment against the Defendant, ANTHONY ELI for possession of the Collateral known as a 2010 HARLEY-DAVIDSON FLSTN SOFTAIL DELUXE (VIN: 1HD1JD513AB026879). WHEREFORE, Plaintiff demands judgment in its favor, for such other and further relief that this court may deem just and proper. DATED: July 2, 2015 New York, New York sander Powie' mski, Esq. INSTON & WINSTON, P.C. Attorneys for Plaintiff 295 Madison Avenue, Suite 930 New York, NY 10017 Tel: (212) 532-2700 Fax: (212) 922-9484 W&W File#: HDR 125 a Index No. YEAR 2015 sass ———.SSSSSSSs= NOTICE OF ENTRY== om SUPREME COURT OF THE STATE OF NEW YORK PLEASE take notice that the within is a (certified) COUNTY OF QUEENS true copy of a duly entered in the office of the clerk of the within named court on HARLEY-DAVIDSON CREDIT CORP., as assignee of EAGLEMARK SAVINGS Dated, BANK, Plaintiff, Yours, etc. -against- WINSTON & WINSTON, P.C. Attorneys for Plaintiff ANTHONY ELI the person, or party intended Office and Post Office Address to be in possession of the Collateral known 295 Madison Avenue, Suite 930 as a 2010 HARLEY-DAVIDSON FLSTN New York, NY 10017 (212) 532-2700 SOFTAIL DELUXE (VIN: 1HD1JDS13AB026879), To Attorney(s) for Defendants. a =======NOTICE OF SETTLEMENT======== PLEASE take notice that an order SUMMONS AND COMPLAINT of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named court, at PTZ Print name beng Aleks: fer Powittrzynski _. on WINSTON & WINSTON, P.C. at M. Attorneys for Plaintiff Dated, Office and Post Office Address, Telephone Yours, etc. 295 Madison Avenue, Suite 930 WINSTON & WINSTON, P.C. New York, NY 10017 Attorneys for Plaintiff Tel: (212) 532-2700 Office and Post Office Address Fax: (212) 532-2722 295 Madison Avenue, Suite 930 New York, NY 10017 W&wW File#: HDR 125 To To Attorney(s) for Attorney(s) for Service of a copy of the within is hereby admitted. Dated Attorney(s) for 1500 — Blumberg Excelsior Inc., NYC 1001