Preview
FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
AMERICAN EXPRESS NATIONAL BANK Plaintiff designates Nassau
County as the place of trial
Plaintiff,
-against- Index No.
Date Purchased:
MICHAEL TIZZANO,
SUMMONS
Defendant.
The basis of the venue
designated is:
defendant's place of residence.
To: Michael Tizzano
44 Sintsink Drive E Apt E
Port Washington, New York 11050
plaintiffs'
YOU ARE HEREBY SUMMONED and required to serve upon attorney, at
the address stated below, an answer to the attached complaint.
If this summons was personally delivered to you in the State of New York, the answer must
be served within twenty days after such service of summons, excluding the date of service. If the
summons was not personally delivered to you within the State of New York, the answer must be
served within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint or otherwise appear within the
applicable time limitation stated above, a judgment may be entered against you by default for the
relief demanded in the complaint without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and for the
County of Nassau, 100 Supreme Court Dr., Mineola, New York 11501.
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\
This action is brought in the County of Nassau because it is the place of defendant's
residence, with an address at: 44 Sintsink Drive E Apt E, Port Washington, New York 11050.
Dated: May 24, 2018
An
An
__An ny J. i accio, Jr., Esq.
__Jos
Jos a J Esq.
jam'
jam Marashlian, Esq.
St Atto eys for the Plaintiff,
American Express National Bank
f/k/a American Express Centurion Bank,
Please send all correspondence to:
American Express Legal
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
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(
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
AMERICAN EXPRESS NATIONAL BANK Index No.:
Plaintiff,
-agamst- COMPLAINT
MICHAEL TIZZANO,
Defendant.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS
(" Express"
CENTURION BANK ("American Express"), by and through its attorneys, as and for its
complaint herein against defendant Michael Tizzano ("Tizzano"), hereby alleges as follows:
The Parties
1. AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS
CENTURION BANK1 (American a national bank under the laws of the United States
Express)
of America with its office located at 4315 S. 2700 West, Salt Lake City, Utah, 84184 (hereinafter
Express"
singularly or collectively referenced as "American Express").
2. Upon information and belief, at all relevant times, Tizzano was and is an
individual who resides in the County of Nassau in the State of New York, at 44 Sintsink Drive E
Apt E, Port Washington, New York 11050.
[1] On April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank.
See, https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-
www.occ.treas. ov
actions-'an-2018.html. See also, 12 U.S.C. 5 35; 12 CFR 5.24.
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\
The Facts
The Platinum Card Account
3. At all relevant times, Tizzano was the holder of a Platinum Card (the "Platinum
Card" xxxx-
Card") that enabled him/her to charge items to the Platinum Card account (account no.
Card"
xxxxxx-x9001) (the "Platinum Account).
4. By accepting and using the Platinum Card, Tizzano agreed to all of the terms and
conditions set forth in the "Platinum Card Member Agreements Agreement Between Platinum
Bank" "Agreement"
Card Member and American Express Centurion (the "Agreement"), which was provided to
Tizzano with the Platinum Card.
5. The terms and conditions of the Agreement between the Card Member and
American Express include the following:
a. Tizzano agreed to be responsible for paying all amounts charged to the Platinum
Card Account.
Due"
b. Tizzano agreed to pay the "Minimum Amount by the due date indicated
on the monthly billing statements mailed by or on behalf of American Express.
c. Tizzano agreed that American Express may impose late fees, in amounts set
forth in the Agreement, on all unpaid amounts.
"default"
d. Tizzano further agreed that, upon (as that term is used in the
Agreement) he/she would pay all reasonable costs incurred by American
Express in protecting itself from any harm it may suffer as a result of any such
default.
6. Tizzano used the Platinum Card to charge various items to the Platinum Card
Account for which he/she never made payment.
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'
7. American Expresssent monthly statements to Tizzano for the Account, showing the
Minimum Amount Due on the Platinum Card Account.
8. Tizzano violated the Agreement by refusing to remit the Minimum Amount Due
indicated by the monthly statements.
9. Tizzano's failure to pay the Minimum Amount Due constituted a default under the
Agreement and lead to the account becoming delinquent. As a result, American Express
suspended Tizzano's charge privileges on the Platinum Card Account and the outstanding balance
became due in its entirety.
10. Thus, due to Tizzano's failure to remit timely payment to American Express, there
is due and owing to American Express the balance of $67,934.28.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
11. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1
through 10 of this complaint as though fully set forth at length herein.
12. In violation of the Agreement requiring payment of the Minimum Amount Due on
the Platinum Card Account, Tizzano has failed and refused to make the payments to American
Express as set forth in the Platinum Card monthly statements. As a result, American Express
suspended Tizzano's charge privileges on the Platinum Card Account.
13. Tizzano agreed to pay for all items charged to the Platinum Card Account. In
addition, Tizzano agreed to pay American Express late fees and court costs in the event that
American Express referred the Platinum Card Account to its attorneys for collection.
14. As set forth above, Tizzano is currently indebted to American Express for unpaid
charges in the amount of $67,934.28.
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15. Despite due demand, Tizzano has failed and refused to pay American Express any
portion of the amount due and owing.
16. As a result of Tizzano's failure to pay the amount that he/she owes, American
Express referred its claim against Tizzano to its attorneys for collection.
17. By reason of the foregoing, American Express is entitled to judgment against
Tizzano for breach of contract in the sum of $67,934.28, plus court costs.
AS AND FOR A SECOND CAUSE OF ACTION
(Account Stated)
18. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1
through 17 of this complaint as though fully set forth at length herein.
Card"
19. American Express duly issued and sent to Tizzano, the "Platinum monthly
statements which set forth in detail all items charged to the Platinum Card Account and the total
amount due and owing by Tizzano to American Express on the Platinum Card Account.
20. Tizzano received the Platinum Card monthly statements without protest and neither
objected to them nor indicated that they were erroneous in any respect. Tizzano thereby
acknowledged that the debt owed to American Express, as set forth in the Platinum Card monthly
statements, is true and correct.
21. By reason of the foregoing, American Express is entitled to judgment against
Tizzano for an account stated in the amount of $67,934.28 plus court costs.
AS AND FOR A THIRD CAUSE OF ACTION
(Unjust Enrichment)
22. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1
through 21 of this complaint as though fully set forth at length herein.
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23: Tizzano benefited from all of the charges made to the Platinum Card Account, has
acknowledged receipt of those benefits, and has failed to pay for same.
24. Given Tizzano's failure to make payment for the outstanding balance owed with
respect to the Platinum Card Account, and the fact that Tizzano was the beneficiary of all items
charged to the Platinum Card Account, Tizzano would be unjustly enriched to American Express's
detriment unless judgment is entered against them for the full balance due and owing on the
Platinum Card Account.
25. As set forth above, Tizzano has been unjustly enriched to American Express's
detriment.
26. By reason of the foregoing, American Express is entitled to judgment against
Tizzano for unjust enrichment in an amount to be determined at trial, plus court costs.
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WHEREFORE, plaintiff American Express National Bank requests judgment against
defendant, Michael Tizzano as follows:
(i) As for the first cause of action, plaintiff American Express National Bank
requests judgment in the sum of $67,934.28 plus court costs;
(ii) As for the second cause of action of the complaint, plaintiff American
Express National Bank requests judgment in an amount of $67,934.28 plus
court costs;
(iii) As for the third cause of action, plaintiff American Express National Bank
requests judgment in an amount to be determined at trial, plus court costs;
and
(iv) for such other and further relief as this Court deems just and proper.
Dated: May 24, 2018
_AnAn ny J Mig cio, Jr., Esq.
_JoJo ua J sq.
njam'
_ njam M shlian, Esq.
Staff Attorneys for the Plaintiff,
American Express National Bank
f/k/a American Express Centurion Bank,
Please send all correspondence to:
American Express Legal
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
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130-1.1a'
. Rule
Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of
perjury and as an officer of the court that to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of this document or
the contentions therein are not frivolous.
___AnAn on J. gliaccio, Jr., Esq.
____Jo
Jo ua . urr, Esq.
nj in Marashlian, Esq.
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SUPREME COURT OF THE STATE.OF NEW YORK
COUNTY OF NASSAU .
AMERICAN EXPRESS NATIONAL BANK
Plaintiff, Index No.
- against -
MICHAEL TIZZANO,
Defendant.
SUMMONS AND COMPLAINT
Plaintiff
CAN EXPRESS LEGAL
__AnAn on . Migliaccio, Jr., Esq.
___J J ua . Knurr, Esq.
__ enjamin Marashlian, Esq.
St f Attorneys for the Plaintiff,
American Express National Bank
f/k/a American Express Centurion Bank
Please send all correspondence to:
American Express Legal
P.O. Box 119
Suffern, NY 10901
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
200 Street - 22nd FlOOr
Vesey
New York, NY 10285
877-305-0433
10 of 10
Preview
FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU AMERICAN EXPRESS NATIONAL BANK Plaintiff designates Nassau County as the place of trial Plaintiff, -against- Index No. Date Purchased: MICHAEL TIZZANO, SUMMONS Defendant. The basis of the venue designated is: defendant's place of residence. To: Michael Tizzano 44 Sintsink Drive E Apt E Port Washington, New York 11050 plaintiffs' YOU ARE HEREBY SUMMONED and required to serve upon attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered to you in the State of New York, the answer must be served within twenty days after such service of summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint or otherwise appear within the applicable time limitation stated above, a judgment may be entered against you by default for the relief demanded in the complaint without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Nassau, 100 Supreme Court Dr., Mineola, New York 11501. 1 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 \ This action is brought in the County of Nassau because it is the place of defendant's residence, with an address at: 44 Sintsink Drive E Apt E, Port Washington, New York 11050. Dated: May 24, 2018 An An __An ny J. i accio, Jr., Esq. __Jos Jos a J Esq. jam' jam Marashlian, Esq. St Atto eys for the Plaintiff, American Express National Bank f/k/a American Express Centurion Bank, Please send all correspondence to: American Express Legal P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 2 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 ( SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU AMERICAN EXPRESS NATIONAL BANK Index No.: Plaintiff, -agamst- COMPLAINT MICHAEL TIZZANO, Defendant. Plaintiff, AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS (" Express" CENTURION BANK ("American Express"), by and through its attorneys, as and for its complaint herein against defendant Michael Tizzano ("Tizzano"), hereby alleges as follows: The Parties 1. AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS CENTURION BANK1 (American a national bank under the laws of the United States Express) of America with its office located at 4315 S. 2700 West, Salt Lake City, Utah, 84184 (hereinafter Express" singularly or collectively referenced as "American Express"). 2. Upon information and belief, at all relevant times, Tizzano was and is an individual who resides in the County of Nassau in the State of New York, at 44 Sintsink Drive E Apt E, Port Washington, New York 11050. [1] On April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank. See, https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and- www.occ.treas. ov actions-'an-2018.html. See also, 12 U.S.C. 5 35; 12 CFR 5.24. 3 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 \ The Facts The Platinum Card Account 3. At all relevant times, Tizzano was the holder of a Platinum Card (the "Platinum Card" xxxx- Card") that enabled him/her to charge items to the Platinum Card account (account no. Card" xxxxxx-x9001) (the "Platinum Account). 4. By accepting and using the Platinum Card, Tizzano agreed to all of the terms and conditions set forth in the "Platinum Card Member Agreements Agreement Between Platinum Bank" "Agreement" Card Member and American Express Centurion (the "Agreement"), which was provided to Tizzano with the Platinum Card. 5. The terms and conditions of the Agreement between the Card Member and American Express include the following: a. Tizzano agreed to be responsible for paying all amounts charged to the Platinum Card Account. Due" b. Tizzano agreed to pay the "Minimum Amount by the due date indicated on the monthly billing statements mailed by or on behalf of American Express. c. Tizzano agreed that American Express may impose late fees, in amounts set forth in the Agreement, on all unpaid amounts. "default" d. Tizzano further agreed that, upon (as that term is used in the Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm it may suffer as a result of any such default. 6. Tizzano used the Platinum Card to charge various items to the Platinum Card Account for which he/she never made payment. 4 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 ' 7. American Expresssent monthly statements to Tizzano for the Account, showing the Minimum Amount Due on the Platinum Card Account. 8. Tizzano violated the Agreement by refusing to remit the Minimum Amount Due indicated by the monthly statements. 9. Tizzano's failure to pay the Minimum Amount Due constituted a default under the Agreement and lead to the account becoming delinquent. As a result, American Express suspended Tizzano's charge privileges on the Platinum Card Account and the outstanding balance became due in its entirety. 10. Thus, due to Tizzano's failure to remit timely payment to American Express, there is due and owing to American Express the balance of $67,934.28. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract) 11. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 10 of this complaint as though fully set forth at length herein. 12. In violation of the Agreement requiring payment of the Minimum Amount Due on the Platinum Card Account, Tizzano has failed and refused to make the payments to American Express as set forth in the Platinum Card monthly statements. As a result, American Express suspended Tizzano's charge privileges on the Platinum Card Account. 13. Tizzano agreed to pay for all items charged to the Platinum Card Account. In addition, Tizzano agreed to pay American Express late fees and court costs in the event that American Express referred the Platinum Card Account to its attorneys for collection. 14. As set forth above, Tizzano is currently indebted to American Express for unpaid charges in the amount of $67,934.28. 5 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 15. Despite due demand, Tizzano has failed and refused to pay American Express any portion of the amount due and owing. 16. As a result of Tizzano's failure to pay the amount that he/she owes, American Express referred its claim against Tizzano to its attorneys for collection. 17. By reason of the foregoing, American Express is entitled to judgment against Tizzano for breach of contract in the sum of $67,934.28, plus court costs. AS AND FOR A SECOND CAUSE OF ACTION (Account Stated) 18. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 17 of this complaint as though fully set forth at length herein. Card" 19. American Express duly issued and sent to Tizzano, the "Platinum monthly statements which set forth in detail all items charged to the Platinum Card Account and the total amount due and owing by Tizzano to American Express on the Platinum Card Account. 20. Tizzano received the Platinum Card monthly statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Tizzano thereby acknowledged that the debt owed to American Express, as set forth in the Platinum Card monthly statements, is true and correct. 21. By reason of the foregoing, American Express is entitled to judgment against Tizzano for an account stated in the amount of $67,934.28 plus court costs. AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment) 22. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 21 of this complaint as though fully set forth at length herein. 6 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 23: Tizzano benefited from all of the charges made to the Platinum Card Account, has acknowledged receipt of those benefits, and has failed to pay for same. 24. Given Tizzano's failure to make payment for the outstanding balance owed with respect to the Platinum Card Account, and the fact that Tizzano was the beneficiary of all items charged to the Platinum Card Account, Tizzano would be unjustly enriched to American Express's detriment unless judgment is entered against them for the full balance due and owing on the Platinum Card Account. 25. As set forth above, Tizzano has been unjustly enriched to American Express's detriment. 26. By reason of the foregoing, American Express is entitled to judgment against Tizzano for unjust enrichment in an amount to be determined at trial, plus court costs. 7 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 WHEREFORE, plaintiff American Express National Bank requests judgment against defendant, Michael Tizzano as follows: (i) As for the first cause of action, plaintiff American Express National Bank requests judgment in the sum of $67,934.28 plus court costs; (ii) As for the second cause of action of the complaint, plaintiff American Express National Bank requests judgment in an amount of $67,934.28 plus court costs; (iii) As for the third cause of action, plaintiff American Express National Bank requests judgment in an amount to be determined at trial, plus court costs; and (iv) for such other and further relief as this Court deems just and proper. Dated: May 24, 2018 _AnAn ny J Mig cio, Jr., Esq. _JoJo ua J sq. njam' _ njam M shlian, Esq. Staff Attorneys for the Plaintiff, American Express National Bank f/k/a American Express Centurion Bank, Please send all correspondence to: American Express Legal P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 8 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 130-1.1a' . Rule Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of perjury and as an officer of the court that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this document or the contentions therein are not frivolous. ___AnAn on J. gliaccio, Jr., Esq. ____Jo Jo ua . urr, Esq. nj in Marashlian, Esq. 9 of 10 FILED: NASSAU COUNTY CLERK 06/13/2018 04:24 PM INDEX NO. 607913/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2018 SUPREME COURT OF THE STATE.OF NEW YORK COUNTY OF NASSAU . AMERICAN EXPRESS NATIONAL BANK Plaintiff, Index No. - against - MICHAEL TIZZANO, Defendant. SUMMONS AND COMPLAINT Plaintiff CAN EXPRESS LEGAL __AnAn on . Migliaccio, Jr., Esq. ___J J ua . Knurr, Esq. __ enjamin Marashlian, Esq. St f Attorneys for the Plaintiff, American Express National Bank f/k/a American Express Centurion Bank Please send all correspondence to: American Express Legal P.O. Box 119 Suffern, NY 10901 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 200 Street - 22nd FlOOr Vesey New York, NY 10285 877-305-0433 10 of 10