Preview
FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE COUNTY OF ERIE
STATE OF NEW YORK: COUNTY OF ERIE
CAVALRY SPV LLC Index No.:
I, ,
Date Purchased
Plaintiff,
vs. SUMMONS
The basis of the venue designated is
The defendant resides in the
County of EME
JAMES A BIALOUS ,
efendant.
~ The transaction
of ERIE
took place in the
County
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) at the address stated below within 20 days after the
service of this summons, exclusive of the day of service (or within 30 days after the service is
complete ifthis summons is not personally delivered to you within the State of New York); and in
case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: East Amherst, NY
C. 6ll , 20 7 y:
. QROSS PLLC*
RASZEWSKI,
W1 lam C. Grossman, Esq.
Darleen V. Karaszewski, Esq.
Attorneys for Plaintiff
5965 Transit Road, Suite 500
East Amherst, New York 14051
(888) 201-6643
* known as William C. Grossman PLLC
Formerly Law,
1 of 5
FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
TO: JAMES A BIALOUS
8787 FAIRBROOK CT
EAST AMHERST NY
14051-2082
2 of 5
FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE COUNTY OF ERIE
STATE OF NEW YORK: COUNTY OF ERIE
CAVALRY SPV I, LLC ,
COMPLAINT
Plaintiff,~ Index No.:
vs.
JAMES A BIALOUS ,
Defendant.
Plaintiff, CAVALRY SPV I, LLC , by its attorneys, GROSSMAN & KARASZEWSKI,
PLLC*, complaining of the Defendant, JAMES A BIALOUS , alleges the following:
1. Plaintiff is a foreign limited liability company organized and existing by virtue of
the laws of Delaware, with a principal place of business located at 500 Summit Lake Drive, Suite
400, Valhalla, New York 10595.
2. Plaintiff is the assignee or purchaser of allrights and privileges of certain accounts,
Creditor"
including this account, which originated with Citibank, N.A. (hereinafter the "Original Creditor"),
which issued a consumer credit card account to the Defendant (original account number ending in
XXXXXXXXXXXX3318), which is the subject of this action.
3. That upon information and belief, Defendant JAMES A BIALOUS, was and is a
natural person residing at 8787 FAIRBROOK CT, EAST AMHERST, County of ERIE, State of
NY.
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FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
AS AND FOR A FIRST CAUSE OF ACTION
4. On or about 06/23/2017, Plaintiff purchased certain accounts that originated with
Original Creditor. Defendant is obligated on one of those accounts, as more specifically described
below.
5. The Defendant and Original Creditor entered into an agreement wherein the
Defendant received cash, merchandise, and/or credit on the consumer credit card account issued
by the Original Creditor. See SCHEDULE A.
6. Defendant agreed to make payments for goods and services charged and/or cash
advances made upon said consumer credit card account.
7. Defendant failed to make payments due pursuant to the agreement and $27,812.59
is now due and owing to the Plaintiff from Defendant.
8. Payment of the defaulted balance has been duly demanded and remains unpaid.
9. Plaintiff has suffered damages in the amount of $27,812.59, together with the costs
and disbursements herein.
WHEREFORE, Plaintiff, CAVALRY SPV I, LLC , respectfully requests judgment
against the Defendant, JAMES A BIALOUS , as follows:
a. On its firstcause of action, the sum of $27,812.59, together with interest from
the date of any judgment granted or ordered; and
b. All costs and disbursements of this action; and
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FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
c. For such other and further relief as this Court deems just and proper.
Dated: East Amherst, New York
, 20~
& PLLC*
KARASZEWSKI,
William C. Grossman, Esq.
Darleen V. Karaszewski, Esq.
Attorneys for Plaintiff
5965 Transit Road, Suite 500
East Amherst, New York 14051
(888) 201-6643
* known C. PLLC
Formerly as William Grossman Law,
GK - 81124
TO: JAMES A BIALOUS
8787 FAIRBROOK CT
EAST AMHERST NY 14051-2082
5 of 5
Preview
FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE COUNTY OF ERIE STATE OF NEW YORK: COUNTY OF ERIE CAVALRY SPV LLC Index No.: I, , Date Purchased Plaintiff, vs. SUMMONS The basis of the venue designated is The defendant resides in the County of EME JAMES A BIALOUS , efendant. ~ The transaction of ERIE took place in the County To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) at the address stated below within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: East Amherst, NY C. 6ll , 20 7 y: . QROSS PLLC* RASZEWSKI, W1 lam C. Grossman, Esq. Darleen V. Karaszewski, Esq. Attorneys for Plaintiff 5965 Transit Road, Suite 500 East Amherst, New York 14051 (888) 201-6643 * known as William C. Grossman PLLC Formerly Law, 1 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 TO: JAMES A BIALOUS 8787 FAIRBROOK CT EAST AMHERST NY 14051-2082 2 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE COUNTY OF ERIE STATE OF NEW YORK: COUNTY OF ERIE CAVALRY SPV I, LLC , COMPLAINT Plaintiff,~ Index No.: vs. JAMES A BIALOUS , Defendant. Plaintiff, CAVALRY SPV I, LLC , by its attorneys, GROSSMAN & KARASZEWSKI, PLLC*, complaining of the Defendant, JAMES A BIALOUS , alleges the following: 1. Plaintiff is a foreign limited liability company organized and existing by virtue of the laws of Delaware, with a principal place of business located at 500 Summit Lake Drive, Suite 400, Valhalla, New York 10595. 2. Plaintiff is the assignee or purchaser of allrights and privileges of certain accounts, Creditor" including this account, which originated with Citibank, N.A. (hereinafter the "Original Creditor"), which issued a consumer credit card account to the Defendant (original account number ending in XXXXXXXXXXXX3318), which is the subject of this action. 3. That upon information and belief, Defendant JAMES A BIALOUS, was and is a natural person residing at 8787 FAIRBROOK CT, EAST AMHERST, County of ERIE, State of NY. 3 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 AS AND FOR A FIRST CAUSE OF ACTION 4. On or about 06/23/2017, Plaintiff purchased certain accounts that originated with Original Creditor. Defendant is obligated on one of those accounts, as more specifically described below. 5. The Defendant and Original Creditor entered into an agreement wherein the Defendant received cash, merchandise, and/or credit on the consumer credit card account issued by the Original Creditor. See SCHEDULE A. 6. Defendant agreed to make payments for goods and services charged and/or cash advances made upon said consumer credit card account. 7. Defendant failed to make payments due pursuant to the agreement and $27,812.59 is now due and owing to the Plaintiff from Defendant. 8. Payment of the defaulted balance has been duly demanded and remains unpaid. 9. Plaintiff has suffered damages in the amount of $27,812.59, together with the costs and disbursements herein. WHEREFORE, Plaintiff, CAVALRY SPV I, LLC , respectfully requests judgment against the Defendant, JAMES A BIALOUS , as follows: a. On its firstcause of action, the sum of $27,812.59, together with interest from the date of any judgment granted or ordered; and b. All costs and disbursements of this action; and 4 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 09:44 AM INDEX NO. 805596/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 c. For such other and further relief as this Court deems just and proper. Dated: East Amherst, New York , 20~ & PLLC* KARASZEWSKI, William C. Grossman, Esq. Darleen V. Karaszewski, Esq. Attorneys for Plaintiff 5965 Transit Road, Suite 500 East Amherst, New York 14051 (888) 201-6643 * known C. PLLC Formerly as William Grossman Law, GK - 81124 TO: JAMES A BIALOUS 8787 FAIRBROOK CT EAST AMHERST NY 14051-2082 5 of 5