Preview
FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020
THIS IS A CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
Cavalry SPV I,LLC
Plaintiff, SUMMONS
-against- Index No.:
Date Filed:
Aliou Coulibaly
241 W 122nd St Apt 1
New York NY 10027-5437
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed
hereto by serving a copy ofyour Answer on Plaintiff's attorneys within twenty (20) days after service
ofthis Summons, exclusive of the date of service (or within thirty (30) days after service is complete
if this Summons is not personally delivered to you in New York State) and in case of your failure
to appear or answer, Judgment will be taken against you by default for the amount of money
demanded in the annexed Verified Complaint.
Dated: February 22, 2020 GIRVIN & FERLAZZO, P.C.
Alex S. Dahle, Esq.
Attorneys for Plaintiff
Office and P.O. Address
P. O. Box 11623
Albany, New York 12211
(877) 814-6976
The basis of venue designated above is that Defendant(s) reside(s) in the County of New York,
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STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
Cavalry SPV I,LLC
Plaintiff VERIFIED
COMPLAINT
-against-
Index No.;
Dated Filed:
Aliou Coulibaly
241 W 122nd St Apt 1
New York NY 10027-5437
Defendant.
Plaintiff Cavalry SPV I,LLC by and through itsattorneys, Girvin & Ferlazzo, P.C., sets for the
following as and for itsVerified Complaint against the Defendant:
FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
1. PlaintiffCavalry SPV 1,LLC is a foreign limited liabilitycompany duly organized and
existing under the laws of the State of Delaware, and isduly registered to do business in the State of New
York.
2. At alltimes relevant herein, PlaintiffCavalry SPV I,LLC was duly licensed by the New York
State Department of Consumer Affairs (License No, 1327348), and has been continuously so licensed since
2009.
3. Defendantapplied forand was granted a creditaccount by Plaintiff's predecessor-in interest,
Synchrony Bank/PC Richard, designated and assigned Account No. XXXXXXXXXXXX3419.
4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the
credit account, resulting in an outstanding account balance of $2,672.23 as of May 10, 2017.
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FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020
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5. Defendant failed to timely make one or more monthly payments toward the
outstanding balance, as required under the terms and conditions governing said credit account, and
is in default of said credit agreement.
6. Despite written demand, Defendant has failed, refused, or neglected to make full
payment of the balance due and owing in connection with the credit account.
7. Plaintiff is the owner of all right, title,and interest in the subject credit account
pursuant to an Assignment and/or Bill of Sale entered into with the original creditor, or a successor
to the original creditor, dated September 22, 2016.
8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of
$2,672.23.
SECOND CAUSE OF ACTION (ACCOUNT STATED)
"1" "8"
9. The allegations contained in Paragraphs through of the First Count are
incorporated by reference.
10. Periodic account statements setting forth charges and amounts due on the credit
account were transmitted to Defendant.
11. Defendant received and retained said periodic account statements for an unreasonable
period of time without protest or objection.
12. Defendant has failed, refused, or neglected to make fullpayrnent of the balance due
and owing in connection with the credit account as represented on the account statements.
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13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the
Plaintiff in the amount of $2,672.23.
WHEREFORE, Plaintiff Cavalry SPV I, LLC deiñands that Judgment be entered herein
against the named Defendant in the amount of $2,672.23, together with the costs and disbursements
of the action.
Dated: February 22, 2020
GIRVIN & FERLAZZO, P.C.
Attorneys for Plaintiff
Alex S. Dahle
Office and P.O. Address
20 Corporate Woods Boulevard
Albany, New York 12211
T: 518-462-0300
F: 518-462-5037
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VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF ALBANY )
Alex S. Dahle, being duly sworn, deposes and states that he isan attorney duly admitted to
practice in the State of New York, and is an associate of Girvin & Ferlazzo, P,C., attorneys for
Plaintiff in the above captioned action; that he has read the foregoing Verified Complaint and is
familiar with the contents thereof; and that the matters set forth therein are true to his knowledge,
except as to matters therein stated to be alleged upon information and belief, and as to those matters
he believes them to be true.
The grounds of deponent's belief are his review of documents and other information
pertaining to the matters raised herein. The reason why this Verification is not made by the parties
represented by the undersigned isthat such parties do not reside in the county where the undersigned
has his office.
Alex S. Dahle
Sworn to before me this
Febryary 22, 2020
N6ta y Public, State of New York
JUDITH A MCAK
ni New YOfK
NOTARY PWBLic, State
No. 01MOG080559
In Amany 0ounty
Qualifle0 7
Commission Expites 9/16/20-
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020
SUPREMECOURT OF TifE STATE OF NEW YORK
coUNTY OFNEW YORK
Cavalty SPV 1, LLC
Phtintiff/Petitioner,
- against-
Aliou Coulibaly [ndexNo.
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUHJECT TO MANDATORY ELECTRONIC F1LING
PLEASE TAKB NOTICE that the mattercaptionedabove,which hasbeencommencedby filing of the eccompanyingdocumentswith the County
Clerk, is subjectto mandatoryelectronic filing pursuantto Section202.5-bbofthe Uniform Rulesfor theTrial Courts. This notice is being servedas required
by Subdivision (b)(3)
of that Section.
is designedfor the electronic filing of documentswith the County Clerk and
The New York StateCourts Electronic Filing System("NYSCEF")
thecourt andfor theelectronic serviceorthose documents,court documents,andcourt noticesuponcounselandself repre::catedparties.Counseland/orparties
who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representationwithin the
e-filed matter on the Consentpage in NYSCEF, Failure to do so may result in an inability to receiveelectronic notice of document fdings.
Exemptions from mandatory efding
are limited to: 1) attorneyswho certify in good faith that they lack thecomputer equipmentand (along with
all employees)the requisite knowledge to comply; and 2) self-representedpartieswho choosenot to participate in e-filing. For additional information about
electronic filing, including accessto Section202.5-bb, consult the NYSCEF website at www nycourtS.EoV/clileOrcontact the NY SCEFResourceCenterat
646386-3033or efile@courts state.ny.us.
Dated: February22, 2020
.. (Signature) 20 Corporate Woods Blvd. Albany, NY
12211 (Address)
Alex S. Dahle (Name) 518462-0300 (Phone)
Girvin & Ferlazzo, PC (Firm Name)
(E-Mail)
To:
AIiou Coull baly
241 W I22nd St Apt I
New York NY 10027-5437
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Preview
FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 THIS IS A CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK Cavalry SPV I,LLC Plaintiff, SUMMONS -against- Index No.: Date Filed: Aliou Coulibaly 241 W 122nd St Apt 1 New York NY 10027-5437 Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed hereto by serving a copy ofyour Answer on Plaintiff's attorneys within twenty (20) days after service ofthis Summons, exclusive of the date of service (or within thirty (30) days after service is complete if this Summons is not personally delivered to you in New York State) and in case of your failure to appear or answer, Judgment will be taken against you by default for the amount of money demanded in the annexed Verified Complaint. Dated: February 22, 2020 GIRVIN & FERLAZZO, P.C. Alex S. Dahle, Esq. Attorneys for Plaintiff Office and P.O. Address P. O. Box 11623 Albany, New York 12211 (877) 814-6976 The basis of venue designated above is that Defendant(s) reside(s) in the County of New York, 1 of 6 FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK Cavalry SPV I,LLC Plaintiff VERIFIED COMPLAINT -against- Index No.; Dated Filed: Aliou Coulibaly 241 W 122nd St Apt 1 New York NY 10027-5437 Defendant. Plaintiff Cavalry SPV I,LLC by and through itsattorneys, Girvin & Ferlazzo, P.C., sets for the following as and for itsVerified Complaint against the Defendant: FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 1. PlaintiffCavalry SPV 1,LLC is a foreign limited liabilitycompany duly organized and existing under the laws of the State of Delaware, and isduly registered to do business in the State of New York. 2. At alltimes relevant herein, PlaintiffCavalry SPV I,LLC was duly licensed by the New York State Department of Consumer Affairs (License No, 1327348), and has been continuously so licensed since 2009. 3. Defendantapplied forand was granted a creditaccount by Plaintiff's predecessor-in interest, Synchrony Bank/PC Richard, designated and assigned Account No. XXXXXXXXXXXX3419. 4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the credit account, resulting in an outstanding account balance of $2,672.23 as of May 10, 2017. 2 of 6 FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 5. Defendant failed to timely make one or more monthly payments toward the outstanding balance, as required under the terms and conditions governing said credit account, and is in default of said credit agreement. 6. Despite written demand, Defendant has failed, refused, or neglected to make full payment of the balance due and owing in connection with the credit account. 7. Plaintiff is the owner of all right, title,and interest in the subject credit account pursuant to an Assignment and/or Bill of Sale entered into with the original creditor, or a successor to the original creditor, dated September 22, 2016. 8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of $2,672.23. SECOND CAUSE OF ACTION (ACCOUNT STATED) "1" "8" 9. The allegations contained in Paragraphs through of the First Count are incorporated by reference. 10. Periodic account statements setting forth charges and amounts due on the credit account were transmitted to Defendant. 11. Defendant received and retained said periodic account statements for an unreasonable period of time without protest or objection. 12. Defendant has failed, refused, or neglected to make fullpayrnent of the balance due and owing in connection with the credit account as represented on the account statements. 3 of 6 FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the Plaintiff in the amount of $2,672.23. WHEREFORE, Plaintiff Cavalry SPV I, LLC deiñands that Judgment be entered herein against the named Defendant in the amount of $2,672.23, together with the costs and disbursements of the action. Dated: February 22, 2020 GIRVIN & FERLAZZO, P.C. Attorneys for Plaintiff Alex S. Dahle Office and P.O. Address 20 Corporate Woods Boulevard Albany, New York 12211 T: 518-462-0300 F: 518-462-5037 4 of 6 FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF ALBANY ) Alex S. Dahle, being duly sworn, deposes and states that he isan attorney duly admitted to practice in the State of New York, and is an associate of Girvin & Ferlazzo, P,C., attorneys for Plaintiff in the above captioned action; that he has read the foregoing Verified Complaint and is familiar with the contents thereof; and that the matters set forth therein are true to his knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters he believes them to be true. The grounds of deponent's belief are his review of documents and other information pertaining to the matters raised herein. The reason why this Verification is not made by the parties represented by the undersigned isthat such parties do not reside in the county where the undersigned has his office. Alex S. Dahle Sworn to before me this Febryary 22, 2020 N6ta y Public, State of New York JUDITH A MCAK ni New YOfK NOTARY PWBLic, State No. 01MOG080559 In Amany 0ounty Qualifle0 7 Commission Expites 9/16/20- 5 of 6 FILED: NEW YORK COUNTY CLERK 02/29/2020 09:13 AM INDEX NO. 651389/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2020 SUPREMECOURT OF TifE STATE OF NEW YORK coUNTY OFNEW YORK Cavalty SPV 1, LLC Phtintiff/Petitioner, - against- Aliou Coulibaly [ndexNo. Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUHJECT TO MANDATORY ELECTRONIC F1LING PLEASE TAKB NOTICE that the mattercaptionedabove,which hasbeencommencedby filing of the eccompanyingdocumentswith the County Clerk, is subjectto mandatoryelectronic filing pursuantto Section202.5-bbofthe Uniform Rulesfor theTrial Courts. This notice is being servedas required by Subdivision (b)(3) of that Section. is designedfor the electronic filing of documentswith the County Clerk and The New York StateCourts Electronic Filing System("NYSCEF") thecourt andfor theelectronic serviceorthose documents,court documents,andcourt noticesuponcounselandself repre::catedparties.Counseland/orparties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representationwithin the e-filed matter on the Consentpage in NYSCEF, Failure to do so may result in an inability to receiveelectronic notice of document fdings. Exemptions from mandatory efding are limited to: 1) attorneyswho certify in good faith that they lack thecomputer equipmentand (along with all employees)the requisite knowledge to comply; and 2) self-representedpartieswho choosenot to participate in e-filing. For additional information about electronic filing, including accessto Section202.5-bb, consult the NYSCEF website at www nycourtS.EoV/clileOrcontact the NY SCEFResourceCenterat 646386-3033or efile@courts state.ny.us. Dated: February22, 2020 .. (Signature) 20 Corporate Woods Blvd. Albany, NY 12211 (Address) Alex S. Dahle (Name) 518462-0300 (Phone) Girvin & Ferlazzo, PC (Firm Name) (E-Mail) To: AIiou Coull baly 241 W I22nd St Apt I New York NY 10027-5437 6 of 6