On June 08, 2012 a
Motion-Secondary
was filed
involving a dispute between
American Express Centurion Bank,
and
Daniel Vater,
for Consumer Credit Transaction
in the District Court of New York County.
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INDEX NO. 153505/2012
(FILED: NEW YORK COUNTY CLERK 0470372014)
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/03/2014
SUPREME COURT
COUNTY OF NEW YORK STATE OF NEW YORK
ee
nn rt nee nenennenenen nx
AMERICAN EXPRESS CENTURION BANK,
INDEX NO. 153505/2012
PLAINTIFF,
VS. AFFIRMATION IN SUPPORT
OF REINSTATEMENT
DANIEL VATER}
DEFENDANT.
ween. nanan.
Alex Cameron, Bq, an attorney admitted to practice in the Courts of the State of New York,
associated with the firm of Zwicker & Associates PC, Attorneys for Plaintiff, affirms the
following under penalty of perjury pursuant to the New York Civil Practice Law and Rules
(CPLR) section 4 06.
1. This Affirmation is being submitted in support of Plaintiff’s motion to reinstate a prior
Motion forSummary Judgment. The latter motion was withdrawn due to a court
administrative error.
This is an actibn for damages resulting from nonpayment of a credit account opened with
Plaintiff. A cépy of the Summons and Complaint are attached hereto as Exhibit “A.”
Defendant was served on August 6, 2012. Defendant joined issue by filing an Answer on
October 2, 2042, A copy of the Answer is attached hereto as Exhibit “B.”
Subsequently; Plaintiff brought a Motion for Summary Judgment. This motion was
scheduled to Be heard on January 21,2014. A copy of the Notice of Motion is attached
hereto as Exhibit “C” (exhibits and other documents omitted).
3
5. On January 1, 2014, Plaintiff’s counsel was notified that the motion will be submitted for a
decision.
Sometime after this date, an Order was issued withdrawing the motion per a Stipulation of
Settlement. However, the Stipulation of Settlement is with regard to an entirely different
case and was inistakenly applied to the case herein. A copy of the Order and Stipulation of
Settlement are attached hereto as Exhibit “D.”
A Preliminary! Conference was held on March 26, 2014. At this date, the parties discovered
the mistake mentioned in paragraph 6. This mistake was brought to the court’s attention. An
application wis made to have the motion reinstated without any additional cost. Our office
was directed b contact Andrea Field to rectify this mistake. Ms. Field informed our office,
via e-mail, thd a Motion to Reinstate was required. A copy of the e-mail from Ms. Field is
attached hereto as Exhibit “E.”
WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be
reinstated at date to be determined by the court.
3a
Date: April 3,.2014 LL Za
STEVEN 'P. ANN, ESQ
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
120 Allens Creek Road
Rochester, NY 14618
(585)506-9850
Document Filed Date
April 03, 2014
Case Filing Date
June 08, 2012
Category
Consumer Credit Transaction
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INDEX NO. 153505/2012 (FILED: NEW YORK COUNTY CLERK 0470372014) NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/03/2014 SUPREME COURT COUNTY OF NEW YORK STATE OF NEW YORK ee nn rt nee nenennenenen nx AMERICAN EXPRESS CENTURION BANK, INDEX NO. 153505/2012 PLAINTIFF, VS. AFFIRMATION IN SUPPORT OF REINSTATEMENT DANIEL VATER} DEFENDANT. ween. nanan. Alex Cameron, Bq, an attorney admitted to practice in the Courts of the State of New York, associated with the firm of Zwicker & Associates PC, Attorneys for Plaintiff, affirms the following under penalty of perjury pursuant to the New York Civil Practice Law and Rules (CPLR) section 4 06. 1. This Affirmation is being submitted in support of Plaintiff’s motion to reinstate a prior Motion forSummary Judgment. The latter motion was withdrawn due to a court administrative error. This is an actibn for damages resulting from nonpayment of a credit account opened with Plaintiff. A cépy of the Summons and Complaint are attached hereto as Exhibit “A.” Defendant was served on August 6, 2012. Defendant joined issue by filing an Answer on October 2, 2042, A copy of the Answer is attached hereto as Exhibit “B.” Subsequently; Plaintiff brought a Motion for Summary Judgment. This motion was scheduled to Be heard on January 21,2014. A copy of the Notice of Motion is attached hereto as Exhibit “C” (exhibits and other documents omitted). 3 5. On January 1, 2014, Plaintiff’s counsel was notified that the motion will be submitted for a decision. Sometime after this date, an Order was issued withdrawing the motion per a Stipulation of Settlement. However, the Stipulation of Settlement is with regard to an entirely different case and was inistakenly applied to the case herein. A copy of the Order and Stipulation of Settlement are attached hereto as Exhibit “D.” A Preliminary! Conference was held on March 26, 2014. At this date, the parties discovered the mistake mentioned in paragraph 6. This mistake was brought to the court’s attention. An application wis made to have the motion reinstated without any additional cost. Our office was directed b contact Andrea Field to rectify this mistake. Ms. Field informed our office, via e-mail, thd a Motion to Reinstate was required. A copy of the e-mail from Ms. Field is attached hereto as Exhibit “E.” WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be reinstated at date to be determined by the court. 3a Date: April 3,.2014 LL Za STEVEN 'P. ANN, ESQ ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection Attorneys for Plaintiff 120 Allens Creek Road Rochester, NY 14618 (585)506-9850