Preview
FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
THIS IS A CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
Cavalry SPV I, LLC
Plaintiff, SUMMONS
-against- Index No.:
Date Filed:
Danuta Klim
272 67Th St Apt 4
Brooklyn NY 11220-4843
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint
annexed hereto a copy of your Answer on Plaintiffs attorneys within twenty (20)
by serving
days after service of this exclusive of the date of service (or within thirty (30) days
Summons,
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 Cornplaint.
Dated: November 16, 2020 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 designated above is that Defendant(s) reside(s) in the County of Kings.
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FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
Cavalry SPV I, LLC
Plaintiff VERIFIED
COMPLAINT
-against-
Index No.:
Dated Filed:
Danuta Klim
272 67Th St Apt 4
Brooklyn NY 11220-4843
Defendant.
Plaintiff Cavalry SPV I, LLC by and through its attorneys, Girvin & Ferlazzo, P.C., sets
for the as and for its Verified Complaint against the Defendant:
following
FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
1. Plaintiff Cavalry SPV I, LLC is a foreign limited liability company duly
organized and under the laws of the State of Delaware, and is duly registered to do
existing
business in the State of New York.
2. At all times 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 N.A./AAdvantage, designated and assigned Account No.
interest, Citibank,
************5167.
4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed
against the credit in an outstanding account balance of $6,065.61 as of
account, resulting
November 16, 2020.
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FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
5. Defendant failed to timely make one or more monthly payments toward the
as required under the terms and conditions governing said credit account,
outstanding balance,
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 in connection with the credit account.
owing
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 March 19, 2020.
8. reason of the Defendant is indebted to the Plaintiff in the amount of
By foregoing,
$6,065.61.
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 forth charges and amounts due on the credit
setting
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 or neglected to make full payment of the balance
failed, refused,
due and in connection with the credit account as represented on the account statements.
owing
13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the
Plaintiff in the amount of $6,065.61.
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FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
Plaintiff SPV I, LLC demands that Judgment be entered herein
WHEREFORE, Cavalry
against the named Defendant in the amount of $6,065.61, together with the costs and
disbursements of the action.
Dated: November 16, 2020
GIRVIN & FERLAZZO, P.C.
Attorneys for Plaintiff
By:
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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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
VERIFICATION
STATE OF NEW YORK )
) S.S,:
COUNTY OF ALBANY )
Alex S. Dahle, being duly sworn, deposes and states that he is an 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 Coruphúnt and is
familiar with the contents thereof; and that the. matters set forth therein are true to his lmowledge,
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 docutnents and other information
pertaining to the matters raised herein. The reason why this Verification is not made by the
parties represented by the undwsigned is that such parties do not reside in the county where the
undersigned has his office.
Alex S. able
Sworn to before me this
ember 16, 2020
a y Public, State ofNew York
JUDITH A MOAK
NOTARY PUBUC, State en New York
No 01M06080559
Qualified in Albany County
Commission Expires 9/16/20-
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FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Plaintiff/Petitioner,
- against-
Danuta Klim Index No.
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter céptioned above, which has been commenced by filing of the
accompanying documents with the County Clerk, is subject to mandatory clectronic filing pursuant to Section
202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of
that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of
documents the County Clerk and the court and for the electronic service of those documents, court documents,
with
and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a
claimed exemption (see below) as required by Section 202.5-bb(e) must 116ñiediately record their representation
within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an iiiability to receive
electronic notice of document filings.
lack the
Exeiiipticñs e-filing are limited to: 1) attorneys who certify in good faith that they
from mandatory
computer equipment and (along with
all the requisite knowledsc to comply; and 2) self-represented
employees)
parties who choose not to participate in e-filing. For additional information about electronic filing, including access
to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource
Center at (646)386-3033 or efile@courts,state.ny.us.
Dated: Novem er 16, 2020
(Signature) 20 Corporate Woods Blvd. Albany. NY 12211 (Address)
Alex S. Dahle ___(Name) 518-462-0300 (Phone)
Girvin & Ferlazzo. PC (Firm Name)
(E-Mail)
To:
Danuta Klim
272 67Th St Apt 4
Brooklyn NY 11220-4843
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Preview
FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 THIS IS A CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS Cavalry SPV I, LLC Plaintiff, SUMMONS -against- Index No.: Date Filed: Danuta Klim 272 67Th St Apt 4 Brooklyn NY 11220-4843 Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed hereto a copy of your Answer on Plaintiffs attorneys within twenty (20) by serving days after service of this exclusive of the date of service (or within thirty (30) days Summons, 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 Cornplaint. Dated: November 16, 2020 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 designated above is that Defendant(s) reside(s) in the County of Kings. 1 of 6 FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS Cavalry SPV I, LLC Plaintiff VERIFIED COMPLAINT -against- Index No.: Dated Filed: Danuta Klim 272 67Th St Apt 4 Brooklyn NY 11220-4843 Defendant. Plaintiff Cavalry SPV I, LLC by and through its attorneys, Girvin & Ferlazzo, P.C., sets for the as and for its Verified Complaint against the Defendant: following FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 1. Plaintiff Cavalry SPV I, LLC is a foreign limited liability company duly organized and under the laws of the State of Delaware, and is duly registered to do existing business in the State of New York. 2. At all times 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 N.A./AAdvantage, designated and assigned Account No. interest, Citibank, ************5167. 4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the credit in an outstanding account balance of $6,065.61 as of account, resulting November 16, 2020. 2 of 6 FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 5. Defendant failed to timely make one or more monthly payments toward the as required under the terms and conditions governing said credit account, outstanding balance, 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 in connection with the credit account. owing 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 March 19, 2020. 8. reason of the Defendant is indebted to the Plaintiff in the amount of By foregoing, $6,065.61. 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 forth charges and amounts due on the credit setting 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 or neglected to make full payment of the balance failed, refused, due and in connection with the credit account as represented on the account statements. owing 13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the Plaintiff in the amount of $6,065.61. 3 of 6 FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 Plaintiff SPV I, LLC demands that Judgment be entered herein WHEREFORE, Cavalry against the named Defendant in the amount of $6,065.61, together with the costs and disbursements of the action. Dated: November 16, 2020 GIRVIN & FERLAZZO, P.C. Attorneys for Plaintiff By: 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: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 VERIFICATION STATE OF NEW YORK ) ) S.S,: COUNTY OF ALBANY ) Alex S. Dahle, being duly sworn, deposes and states that he is an 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 Coruphúnt and is familiar with the contents thereof; and that the. matters set forth therein are true to his lmowledge, 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 docutnents and other information pertaining to the matters raised herein. The reason why this Verification is not made by the parties represented by the undwsigned is that such parties do not reside in the county where the undersigned has his office. Alex S. able Sworn to before me this ember 16, 2020 a y Public, State ofNew York JUDITH A MOAK NOTARY PUBUC, State en New York No 01M06080559 Qualified in Albany County Commission Expires 9/16/20- 5 of 6 FILED: KINGS COUNTY CLERK 11/18/2020 11:59 AM INDEX NO. 522970/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Plaintiff/Petitioner, - against- Danuta Klim Index No. Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter céptioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory clectronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents the County Clerk and the court and for the electronic service of those documents, court documents, with and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must 116ñiediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an iiiability to receive electronic notice of document filings. lack the Exeiiipticñs e-filing are limited to: 1) attorneys who certify in good faith that they from mandatory computer equipment and (along with all the requisite knowledsc to comply; and 2) self-represented employees) parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at (646)386-3033 or efile@courts,state.ny.us. Dated: Novem er 16, 2020 (Signature) 20 Corporate Woods Blvd. Albany. NY 12211 (Address) Alex S. Dahle ___(Name) 518-462-0300 (Phone) Girvin & Ferlazzo. PC (Firm Name) (E-Mail) To: Danuta Klim 272 67Th St Apt 4 Brooklyn NY 11220-4843 6 of 6