Preview
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
THIS IS A CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
Cavalry SPV I,LLC
Plaintiff, SUMMONS
-against- Index No.:
Date Filed:
Dylan Baldwin
571 Buttermilk Falls Rd
Fort Ann NY 12827-2808
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 of your Answer on Plaintiffs attorneys within twenty (20)
days after service of this Summons, exclusive of the date of service (or within thirty (30) days
afterservice is complete ifthis 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: September 21, 2,020 GIRVIN & FERLAZZO, P.C.
By:
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 desigñated above is that Defendant(s) reside(s) in the County of Washington.
1 of 6
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
Cavalry SPV I,LLC
Plaintiff VERIFIED
COMPLAINT
-against-
Index No,:
Dated Filed:
Dylan Baldwin
571 Buttermilk Falls Rd
Fort Ann NY 12827-2808
.. 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. Plaintiff Cavalry SPV I,LLC is a foreign limited liability company duly
organized and existing under the laws of the State of Delaware, and is duly registered to do
business in the State of New York.
2. At alltimes relevant herein, Plaintiff Cavalry 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, Defendant applied for and was granted a credit account by Plaintiffs
predecessor-in interest, Synchrony Bank/ScoreRewards, designated and assigned Account No.
************4054.
4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed
against the credit account, resulting in an outstanding account balance of $1,762.83 as of
September 21, 2020.
2 of 6
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
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 theowner of allright, 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 March 19, 2019.
8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of
$1,762.83.
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 settiilgforth 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 fullpayment of the balance
due and owing in connection with the credit account as represented on the account statements.
13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the
Plaintiff in the amount of $1,762.83.
3 of 6
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
WHEREFORE, Plaintiff SPV I,LLC demands that Judgment be entered herein
Cavalry
against the named Defendant in the amount of $1,762.83, together with the costs and
disbursements of the action.
Dated: September 21, 2020
GIRVIN & FERLAZZO, P.C.
Attorneys for Plaintiff
ilex 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: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF ALBANY )
S. Dahle, deposes and states that he is an attorney duly edmitted
Alex being duly sworn,
to practice in the State of New York, and isan äëssiete of Girvin & Ferlazzo, P.C., attorneys for
Plaintiff in the above captioned that he has read the foregoing Verified Conrglaint and is
action;
fami!ir with the contents and thatthe matters set forth therein are true to his k1Kiwledge,
thereof;
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 depeñent's belief are his review of documsts and other information
to the matters raised herein. The reason why thisVerification isnot made by the
pertaining
parties represented the undersigned isthat such parties do not reside in the county where the
by
undersigned has his office.
Alex S. Dahle
Sworn to before me this
§egep1ber 21, 2020
N6ta y Public, State of New York
JUDITH A. MOAK
NOTARY PUBUC, State of New YorK
No 01MO6080559
Qualified
in Mbany County a
CornmissionExpres 9/16/20__f
5 of 6
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
Plaintiff/Petitioner,
- against-
Dylan Baldwin Index No.
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE thatthe matter captioned above,which has been coinmenced by filingof the
accompanying documents with the County Clerk,is subject
to medetey electronicfilingpursuantto Section
202.5-bb of theUniform Rules forthe TrialCourts. This noticeis beingserved as requiredby Subdivision (b) (3)of
thatSection.
The New York StateCourts ElectronicFiling System ("NYSCEF") isdesigned forthe electronicfilingof
documcats with theCounty Clerk and thecourt and forthe electronicserviceof those documents, court documents,
and court noticesupon counsel and self-representedparties.Counsel and/or partieswho do notnotifythe court ofa
claimed exemption (see below)as requiredby Section202.5-bb(e) must immediately record theirrepresentation
within the matter
e-filed on theConsent page in NYSCEF. Failureto doso may resultinan inabilitytoreceive
electonic noticeof document filings.
Exemptions from mandatory are
e-filing limitedto: who
1) attorneys certifyingood faiththatthey lackthe
computer equipment and (along with allemployees) therequisiteknowledge to comply; and 2) selfreprescñted
partieswho choose not topaiticipateine-filing.For additionalinformation aboutelectronic filing,
including access
to Section202.5-bb, consultthe NYSCEF website at www.nycourts.gov/efile or contactthe NYSCEF Resource
Center at (646)386-3033 or efile@courts.state.ny.us.
Dated: September 21, 2020
e 4 ¬ (Signature) 20 Coroorate Woods Blyd. Albany. NY 12211 (Address)
Alex S. Dahle (Name) 518-462-0300 (Pho_nel
Girvin & Ferlazzo, PC (Firm Name)
(E-Mail)
To:
Dylan Baldwin
571 Buttermilk Falls Rd
Fort Ann NY 12827-2808
6 of 6
Preview
FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 THIS IS A CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON Cavalry SPV I,LLC Plaintiff, SUMMONS -against- Index No.: Date Filed: Dylan Baldwin 571 Buttermilk Falls Rd Fort Ann NY 12827-2808 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 of your Answer on Plaintiffs attorneys within twenty (20) days after service of this Summons, exclusive of the date of service (or within thirty (30) days afterservice is complete ifthis 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: September 21, 2,020 GIRVIN & FERLAZZO, P.C. By: 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 desigñated above is that Defendant(s) reside(s) in the County of Washington. 1 of 6 FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON Cavalry SPV I,LLC Plaintiff VERIFIED COMPLAINT -against- Index No,: Dated Filed: Dylan Baldwin 571 Buttermilk Falls Rd Fort Ann NY 12827-2808 .. 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. Plaintiff Cavalry SPV I,LLC is a foreign limited liability company duly organized and existing under the laws of the State of Delaware, and is duly registered to do business in the State of New York. 2. At alltimes relevant herein, Plaintiff Cavalry 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, Defendant applied for and was granted a credit account by Plaintiffs predecessor-in interest, Synchrony Bank/ScoreRewards, designated and assigned Account No. ************4054. 4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the credit account, resulting in an outstanding account balance of $1,762.83 as of September 21, 2020. 2 of 6 FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 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 theowner of allright, 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 March 19, 2019. 8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of $1,762.83. 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 settiilgforth 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 fullpayment of the balance due and owing in connection with the credit account as represented on the account statements. 13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the Plaintiff in the amount of $1,762.83. 3 of 6 FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 WHEREFORE, Plaintiff SPV I,LLC demands that Judgment be entered herein Cavalry against the named Defendant in the amount of $1,762.83, together with the costs and disbursements of the action. Dated: September 21, 2020 GIRVIN & FERLAZZO, P.C. Attorneys for Plaintiff ilex 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: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF ALBANY ) S. Dahle, deposes and states that he is an attorney duly edmitted Alex being duly sworn, to practice in the State of New York, and isan äëssiete of Girvin & Ferlazzo, P.C., attorneys for Plaintiff in the above captioned that he has read the foregoing Verified Conrglaint and is action; fami!ir with the contents and thatthe matters set forth therein are true to his k1Kiwledge, thereof; 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 depeñent's belief are his review of documsts and other information to the matters raised herein. The reason why thisVerification isnot made by the pertaining parties represented the undersigned isthat such parties do not reside in the county where the by undersigned has his office. Alex S. Dahle Sworn to before me this §egep1ber 21, 2020 N6ta y Public, State of New York JUDITH A. MOAK NOTARY PUBUC, State of New YorK No 01MO6080559 Qualified in Mbany County a CornmissionExpres 9/16/20__f 5 of 6 FILED: WASHINGTON COUNTY CLERK 09/24/2020 11:27 AM INDEX NO. EC2020-32085 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON Plaintiff/Petitioner, - against- Dylan Baldwin Index No. Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE thatthe matter captioned above,which has been coinmenced by filingof the accompanying documents with the County Clerk,is subject to medetey electronicfilingpursuantto Section 202.5-bb of theUniform Rules forthe TrialCourts. This noticeis beingserved as requiredby Subdivision (b) (3)of thatSection. The New York StateCourts ElectronicFiling System ("NYSCEF") isdesigned forthe electronicfilingof documcats with theCounty Clerk and thecourt and forthe electronicserviceof those documents, court documents, and court noticesupon counsel and self-representedparties.Counsel and/or partieswho do notnotifythe court ofa claimed exemption (see below)as requiredby Section202.5-bb(e) must immediately record theirrepresentation within the matter e-filed on theConsent page in NYSCEF. Failureto doso may resultinan inabilitytoreceive electonic noticeof document filings. Exemptions from mandatory are e-filing limitedto: who 1) attorneys certifyingood faiththatthey lackthe computer equipment and (along with allemployees) therequisiteknowledge to comply; and 2) selfreprescñted partieswho choose not topaiticipateine-filing.For additionalinformation aboutelectronic filing, including access to Section202.5-bb, consultthe NYSCEF website at www.nycourts.gov/efile or contactthe NYSCEF Resource Center at (646)386-3033 or efile@courts.state.ny.us. Dated: September 21, 2020 e 4 ¬ (Signature) 20 Coroorate Woods Blyd. Albany. NY 12211 (Address) Alex S. Dahle (Name) 518-462-0300 (Pho_nel Girvin & Ferlazzo, PC (Firm Name) (E-Mail) To: Dylan Baldwin 571 Buttermilk Falls Rd Fort Ann NY 12827-2808 6 of 6