Preview
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM INDEX NO. E2019012191
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2309059
Book Page CIVIL
Return To: No. Pages: 7
STEPHEN EINSTEIN
39 Broadway, Suite 1250 Instrument: EFILING INDEX NUMBER
New York, NY 10006
Control #: 201912311123
Index #: E2019012191
Date: 12/31/2019
CAVALRY SPV I LLC Time: 5:20:28 PM
HERNANDEZ, JOSHUA J
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: JM
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
ADAM J BELLO
MONROE COUNTY CLERK
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INDEX NO. E2019012191
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index N9
COUNTYOF MONROE X
Cavalry SPV I,LLC SUMMONS
Plaintiff, Plaintiff's Address:
-against- 500 Summit Lake Drive Suite 400
Valhalla NY 10595
JOSHUA J HERNANDEZ
Defendant(s). The basis of Venue is
CPLR Sec. 503(f)
Defendant resides in
County of: MONROE
X Consumer Credit Transaction
Defendant(s) Address:
DEF.#1 - 213 STOWELL ROCHESTER NY 14616-1805
DR,
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of
the day of service, or within 30 days after service is complete if this summons is not personally
delivered to you within the State of New York; and in the case of your failure to appear or answer,
judgment willbe taken against you by default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that
purpose.
Dated: December 6, 2019
Matter No. 351987.001
Evridike Ilis Stephanie R. Vetch
Aksana Bo dartseva Rafeena Khairullah
Joseph assotta ¤ Monique Aziza
Anthony Poulin ¤ Stephen Einstein
O Osaid Saad D Alex Pesochin
Stephen Einstein & Associates, P.C.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
*PDB*
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INDEX NO. E2019012191
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Cavalry SPV I,LLC
Plaintiff,
VERIFIED COMPLAINT
-against-
JOSHUA J HERNANDEZ
Defendant(s).
Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully
alleges that:
1. Plaintiff is an active foreign entity conducting business in the state of NY.
2. Upon information and belief, Defendant(s) is/are resident(s) of the State of New York,
County of MONROE. Upon information and belief following Consumer Credit Transaction
occurred in County of MONROE.
AS AND FOR A FIRST CAUSE OF ACTION
3. The Defendant(s) hereto entered into a Credit Agreement with Plaintiff's predecessor
in interest, Citibank, N.A., bearing account #XXXXXXXXXXXX1828 who charged off the debt
on 02/07/2019.
4. Upon inforrnation and belief, Plaintiff's predecessor in interest duly performed all
conditions on its part under the agreement.
5. The Plaintiff thereafter took by assignment all the rights, title and interest to receive
the monies due pursuant to and in accordance with the said agreement and is the legal
assignee of the original creditor.
6. Upon information and belief, Plaintiff advised Defendant, in writing, of said balance
due and demanding payment. No payment has been forthcoming.
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FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
7. Defendant(s) defaulted in payment and pursuant to the terms of the agreement now
owe a balance of $2,748.07 as of 2/7/2019, no part of which has been paid despite due
demand therefore.
AS AND FOR A SECOND CAUSE OF ACTION
8. That heretofore, upon information and belief, Plaintiffs predecessor in interest
rendered to Defendant(s) monthly, full and truth accounts of the indebtedness owing by the
Defendant(s) as a result of the above Agreement, in an amount as hereinabove set forth,
which account statements were delivered to and accepted without objection by the
Defendant(s) resulting in an account stated in the sum of $2,748.07 as of 2/7/2019, no part
of which has been paid despite due demand therefore.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of
$2,748.07 plus costs and disbursements.
VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of
the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its
contents, and that the same is alleged upon information and belief and believes itto be true.
Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or
pre-suit investigation. This verification is made by affirmant because plaintiffs place of business
is located outside the county where affirmant maintains his law practice. Affirmed this 6th day
of December, 2019.
D Evridike ollis Stepharlie R. Vetch
D Aksan B dartseva D Rafeena Khairullah
D Josep J. assotta D Monique Aziza
D Anthon ulin D Stephen Einstein
D Osaid Saad D Alex Pesochin
Matter No 351987.001
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INDEX NO. E2019012191
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Cavalry SPV I,LLC
Plaintiff
-against-
JOSHUA J HERNANDEZ
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
ig a)
Evridike Kollis Stephanie R. Vetch
Aksana Bon va Rafeena Khairullah
Joseph J. Ca Monique Aziza
Anthony Poulin Stephen Einstein
Osaid Saad Alex Pesochin
LAW OFFICE OF
STEPHEN EINSTEIN & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
Office and Post Office Address
39 Broadway, Suite 1250
New York, New York 10006
(212) 267-3550
Fax (212) 227-9656
Service of a of the within is hereby admitted.
copy
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
NOTICE OF ENTRY:
That within is a true of a duly entered in the office of the clerk of
(certified) copy
the within named court on
NOTICE OF SETTLEMENT
That an order of which the within is a true copy of a Settlement
to the HON. Presented for one of the judges
Of the within named court, at
On the __ day of 2019 at ___ A.M
Dated,
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INDEX NO. E2019012191
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE X
Cavalry SPV I,LLC
Plaintiff/Petitioner,
-against-
INDEX N9:
JOSHUA J HERNANDEZ
Defendant/Respondent.
X
NOTICE REGARDING AVAILABILITY OF
ELECTRONIC FILING SUPREME COURT CASES
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is
being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
be filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded
to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site;or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith
that they lack the computer hardware and/or scanner and/or internet connection or that they lack
with all employees subject to their the operational knowledge to with e-
(along direction) comply
filing requirements. [Section 202.5-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from
efiling. They can serve and file dscamênts in paper form and must be served with documents
in paper form. However, an unrepresented litigant may participate in e-filing. For information on
how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the
court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented
litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court
where the action was filed. An unrepresented litigant who consents to e-filing may cease
participation at any time. However, the other parties may continue to e-file their court documents in
the case.
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CI201912311123 E2019012191
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile@nycourts.gov).
Dated: December 6, 2019
O Evridike llis Stephanie R. Vetch
U Aksana artseva Rafeena Khairullah
E Joseph ssotta Monique Aziza
E Anthony lin D Stephen Einstein
E Osaid Saad D Alex Pesochin
39 Broadway, Suite 1250
New York, N.Y. 10006
Stephen Einstein & Associates, P.C.
(212) 267-3550
www.stepheneinstein.com
Matter #351987.001
TO: JOSHUA J HERNANDEZ
213 STOWELL DR
ROCHESTER NY 14616-1805
7 of 7
Preview
FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM INDEX NO. E2019012191 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2309059 Book Page CIVIL Return To: No. Pages: 7 STEPHEN EINSTEIN 39 Broadway, Suite 1250 Instrument: EFILING INDEX NUMBER New York, NY 10006 Control #: 201912311123 Index #: E2019012191 Date: 12/31/2019 CAVALRY SPV I LLC Time: 5:20:28 PM HERNANDEZ, JOSHUA J State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: JM Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. ADAM J BELLO MONROE COUNTY CLERK 1 of 7 201912311123 12/31/2019 05:20:28 PM CI 201912311123 INDEX NO. E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index N9 COUNTYOF MONROE X Cavalry SPV I,LLC SUMMONS Plaintiff, Plaintiff's Address: -against- 500 Summit Lake Drive Suite 400 Valhalla NY 10595 JOSHUA J HERNANDEZ Defendant(s). The basis of Venue is CPLR Sec. 503(f) Defendant resides in County of: MONROE X Consumer Credit Transaction Defendant(s) Address: DEF.#1 - 213 STOWELL ROCHESTER NY 14616-1805 DR, TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment willbe taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Dated: December 6, 2019 Matter No. 351987.001 Evridike Ilis Stephanie R. Vetch Aksana Bo dartseva Rafeena Khairullah Joseph assotta ¤ Monique Aziza Anthony Poulin ¤ Stephen Einstein O Osaid Saad D Alex Pesochin Stephen Einstein & Associates, P.C. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 *PDB* 2 of 7 201912311123 12/31/2019 05:20:28 PM CI 201912311123 INDEX NO. E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Cavalry SPV I,LLC Plaintiff, VERIFIED COMPLAINT -against- JOSHUA J HERNANDEZ Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is an active foreign entity conducting business in the state of NY. 2. Upon information and belief, Defendant(s) is/are resident(s) of the State of New York, County of MONROE. Upon information and belief following Consumer Credit Transaction occurred in County of MONROE. AS AND FOR A FIRST CAUSE OF ACTION 3. The Defendant(s) hereto entered into a Credit Agreement with Plaintiff's predecessor in interest, Citibank, N.A., bearing account #XXXXXXXXXXXX1828 who charged off the debt on 02/07/2019. 4. Upon inforrnation and belief, Plaintiff's predecessor in interest duly performed all conditions on its part under the agreement. 5. The Plaintiff thereafter took by assignment all the rights, title and interest to receive the monies due pursuant to and in accordance with the said agreement and is the legal assignee of the original creditor. 6. Upon information and belief, Plaintiff advised Defendant, in writing, of said balance due and demanding payment. No payment has been forthcoming. 3 of 7 201912311123 12/31/2019 05:20:28 PM INDEX NO. CI201912311123 E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 7. Defendant(s) defaulted in payment and pursuant to the terms of the agreement now owe a balance of $2,748.07 as of 2/7/2019, no part of which has been paid despite due demand therefore. AS AND FOR A SECOND CAUSE OF ACTION 8. That heretofore, upon information and belief, Plaintiffs predecessor in interest rendered to Defendant(s) monthly, full and truth accounts of the indebtedness owing by the Defendant(s) as a result of the above Agreement, in an amount as hereinabove set forth, which account statements were delivered to and accepted without objection by the Defendant(s) resulting in an account stated in the sum of $2,748.07 as of 2/7/2019, no part of which has been paid despite due demand therefore. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $2,748.07 plus costs and disbursements. VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its contents, and that the same is alleged upon information and belief and believes itto be true. Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or pre-suit investigation. This verification is made by affirmant because plaintiffs place of business is located outside the county where affirmant maintains his law practice. Affirmed this 6th day of December, 2019. D Evridike ollis Stepharlie R. Vetch D Aksan B dartseva D Rafeena Khairullah D Josep J. assotta D Monique Aziza D Anthon ulin D Stephen Einstein D Osaid Saad D Alex Pesochin Matter No 351987.001 4 of 7 201912311123 12/31/2019 05:20:28 PM CI 201912311123 INDEX NO. E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Cavalry SPV I,LLC Plaintiff -against- JOSHUA J HERNANDEZ Defendant(s) SUMMONS AND VERIFIED COMPLAINT ig a) Evridike Kollis Stephanie R. Vetch Aksana Bon va Rafeena Khairullah Joseph J. Ca Monique Aziza Anthony Poulin Stephen Einstein Osaid Saad Alex Pesochin LAW OFFICE OF STEPHEN EINSTEIN & ASSOCIATES, P.C. Attorney(s) for Plaintiff Office and Post Office Address 39 Broadway, Suite 1250 New York, New York 10006 (212) 267-3550 Fax (212) 227-9656 Service of a of the within is hereby admitted. copy Dated, Attorney(s) for Plaintiff(s) Sir: Please take notice NOTICE OF ENTRY: That within is a true of a duly entered in the office of the clerk of (certified) copy the within named court on NOTICE OF SETTLEMENT That an order of which the within is a true copy of a Settlement to the HON. Presented for one of the judges Of the within named court, at On the __ day of 2019 at ___ A.M Dated, 5 of 7 201912311123 12/31/2019 05:20:28 PM CI 201912311123 INDEX NO. E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE X Cavalry SPV I,LLC Plaintiff/Petitioner, -against- INDEX N9: JOSHUA J HERNANDEZ Defendant/Respondent. X NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site;or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack with all employees subject to their the operational knowledge to with e- (along direction) comply filing requirements. [Section 202.5-bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file dscamênts in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in e-filing. For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. 6 of 7 201912311123 12/31/2019 05:20:28 PM INDEX NO. CI201912311123 E2019012191 FILED: MONROE COUNTY CLERK 12/31/2019 10:03 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile@nycourts.gov). Dated: December 6, 2019 O Evridike llis Stephanie R. Vetch U Aksana artseva Rafeena Khairullah E Joseph ssotta Monique Aziza E Anthony lin D Stephen Einstein E Osaid Saad D Alex Pesochin 39 Broadway, Suite 1250 New York, N.Y. 10006 Stephen Einstein & Associates, P.C. (212) 267-3550 www.stepheneinstein.com Matter #351987.001 TO: JOSHUA J HERNANDEZ 213 STOWELL DR ROCHESTER NY 14616-1805 7 of 7