Preview
FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM INDEX NO. 128559-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
202101070164 Index # : 128559-2021
STATE OF NEW YORK
SUPREME COURT
COUNTY OF ONTARIO
ALLY FINANCIAL INC.
SUMMONS
Plaintiff
v. Index Number:
Patrick Concrete Constructors, Inc.
2455 Route 21 S
Canandaigua, NY 14424
Doe"
and "JOHN DOE", the name "John being
fictitious, the person intended having possession
of the chattel described herein
Defendants
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's
attorney, at the address stated below, a written Answer to the attached Complaint.
Ifthis Summons is served upon you within the State of New York by personal
service you must respond within TWENTY (20) days after service, not counting the day
of service. Ifthis Summons is not personally delivered to you within the State of New
York you must respond within THIRTY (30) days after service is completed, as provided
by law.
Ifyou do not respond to the attached Complaint within the applicable time
limitation stated above, a Judgment will be entered against you, by default, for the relief
demanded in the Complaint, without further notice to you.
This action is brought in the County of Ontario because of:
Plaintiff's residence or place of business
_2L__ Defendant's place of business;
Designation made by Plaintiff;
/J ia C. Mombrea, Esq.
Dated: January 7, 2021 NESPER, FERBER, DiGIACOMO,
JOHNSON & GRIMM, LLP
Attorneys for Plaintiff
200 John James Audubon Pkwy., Suite 302
Amherst, NY 14228
(716) 688-3800
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FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
STATE OF NEW YORK : SUPREME COURT: COUNTY OF ONTARIO
ALLY FINANCIAL INC.
Plaintiff VERIFIED
COMPLAINT
against
Patrick Concrete Constructors, Inc.
2455 Route 21 S
Canandaigua, NY 14424
DOE" Doe"
and "JOHN the name "John being
fictitious, the person intended having possessioñ
of the chattel described herein,
Defendant(s)
Plaintiff, by itsattorneys, NESPER, FERBER, DiGIACOMO, JOHNSON &
GRIMM, LLP alleges as follows, upon information and belief, as a complaint against the
Defendant(s):
1. Plaintiff is a Delaware corporation and is authorized to do business in the
State of New York.
2. The Defendant Patrick Concrete Constructors, Inc. is a domestic business
corporation, authorized to do business in the State of New York.
2016 RAM 3500. VIN: 3C63R2AL9GG112686
3. The Plaintiff is entitled to immediate possession of the following described
motor vehicle: a 2016 RAM 3500, VIN: 3C63R2AL9GG112686, Value $23,175.00.
4. On or about August 21, 2015, the Defendant entered into a retail
installment contract covering the purchase of the vehicle on an installment basis. The
retail installment contract called for the Defeñdañt to make monthly payments of
$611.92 for a period of 72 months, each payment to be made on the 5th day of the
month. On or about August 21, 2015, all the rights and interests of the seller,
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Cañañdaigua Motors, Inc., in the retail installment contract and in the motor vehicle
were assigned to Ally Financial Inc., which is now the holder thereof.
5. Pursuant to the contract, the Defendant agreed ifdefault was made in the
payment of any installment when due, then the balance owed under the contract would
be immediately due and payable and the Plaintiff would have the right to immediate
possession of the subject motor vehicle.
FOR A FIRST CAUSE OF ACTION: POSSESSION (2016 RAM 3500, VIN:
3C63R2AL9GG112686)
6. Defendants defaulted in the monthly installment due on June 5, 2019, and
the payments due every month thereafter. By virtue of this default, the Plaintiff became
entitled to immediate possessioñ of the motor vehicle with Defendant remaining liable
for Defendant's financial obligations under the retail installment contract.
7. The Plaintiff, by its officers, agents and employees, on one or more
occasions, has duly demanded possession of the said motor vehicle, but the Defendant
has wrongfully retained said motor vehicle.
8. Plaintiff is entitled to immediate possession of the subject vehicle.
FOR A SECOND CAUSE OF ACTION: MONEY JUDGMENT (2016 RAM 3500, VIN:
3C63R2AL9GG112686)
9. The allegations above are repeated.
10. In the event that possession cannot be obtained, Plaintiff is entitled to a
money judgment against the Defendant in the amount of $19,738.89, the outstanding
balance due under the retail installment contract plus contractual late fees.
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2016 RAM 1500, VIN: 3C6JR6DG7GG114207
11. The Plaintiff is entitled to immediate possession of the following described
motor vehicle: a 2016 RAM 1500, VIN: 3C6JR6DG7GG114207, Value $11,200.00.
12. On or about August 21, 2015, the Defendañt entered into a retail
installment contract covering the purchase of the vehicle on an installment basis. The
retail installment contract called for the Defendant to make monthly payments of
$380.63 for a period of 72 months, each payment to be made on the 5th day of the
month. On or about August 21, 2015, all the rights and interests of the seller,
Canandaigua Motors, Inc., in the retail installment contract and in the motor vehicle
were assigned to Ally Financial Inc., which is now the holder thereof.
13. Pursuant to the contract, the Defendant agreed ifdefault was made in the
payment of any installment when due, then the balance owed under the contract would
be immediately due and payable and the Plaintiff would have the right to immediate
possession of the subject motor vehicle.
FOR A THIRD CAUSE OF ACTION: POSSESSION (2016 RAM 1500, VIN:
3C6JR6DG7GG114207)
14. Defendants defaulted in the monthly installment due on June 5, 2019, and
the payments due every month thereafter. By virtue of this default, the Plaintiff became
entitled to immediate possession of the motor vehicle with Defendant remaining liable
for Defendant's financial obligations under the retail installment contract.
15. The Plaintiff, by its officers, agents and employees, on one or more
occasions, has duly demanded possession of the said motor vehicle, but the Defendant
has wrongfully retained said motor vehicle.
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16. Plaintiff is entitled to immediate possession of the subject vehicle.
FOR A FOURTH CAUSE OF ACTION: MONEY JUDGMENT (2016 RAM 1500, VIN:
3C6JR6DG7GG114207)
17. The allegations above are repeated.
18. In the event that possession cannot be obtained, Plaintiff is entitled to a money
judgment against the Defendants in the amount of $12,294.48, the outstanding balance
due under the retail installment contract plus contractual late fees.
WHEREFORE, the Plaintiff demands judgment against the Defendant for the
possessicñ of said motor vehicles, or a money judgment for the balance due under the
contracts between the parties, together with reasonable attorney's fees and the costs
and disbursenients of this action.
Dated: January 7, 2021
NESPER, FERBER, DiGIACOMO,
JOHNSON & GRIMM, LLP
Attorneys for Plaintiff
200 John James Audubon Pkwy., Suite 302
Amherst, NY 14228
(716) 688-3800
Julia C. Mombrea, Esq.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
Verification
State of Minnesota )
County of Ramsey )
Tania Taylor, being duly sworn, deposes and says:
That he is an Authorized Representative for Ally Financial Inc., the entity named
in the within-entitled action; that he has read the foregoing complaint and knows the
contents thereof; and that the same is true to his own knowledge, except as to the
matters therein stated to be alleged upon information and belief, and as to those
matters he believes itto be true.
Deponent further says that the reason this verification is made by depoñent and
not by Plaintiff is because the said Plaintiff is a corporation and the grounds of
deponent's belief as to all matters in the said complaint not stated upon his own
knowledge, are investigations which deponent cause to be made concerning the subject
matter of this complaint and information acquired by the deponent in the course of his
duties as an agent of said Plaintiff and from the boo papers of said Plaintiff.
ia Ta
Sworn to befor me this
day of VAC(Mif . 2020
BLONG NIKKI VANG
Notary Public
State of Minnesota
Commission Expires
My 2021
January 31,
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Preview
FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM INDEX NO. 128559-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 202101070164 Index # : 128559-2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ONTARIO ALLY FINANCIAL INC. SUMMONS Plaintiff v. Index Number: Patrick Concrete Constructors, Inc. 2455 Route 21 S Canandaigua, NY 14424 Doe" and "JOHN DOE", the name "John being fictitious, the person intended having possession of the chattel described herein Defendants To the above named Defendant(s) YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's attorney, at the address stated below, a written Answer to the attached Complaint. Ifthis Summons is served upon you within the State of New York by personal service you must respond within TWENTY (20) days after service, not counting the day of service. Ifthis Summons is not personally delivered to you within the State of New York you must respond within THIRTY (30) days after service is completed, as provided by law. Ifyou do not respond to the attached Complaint within the applicable time limitation stated above, a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Ontario because of: Plaintiff's residence or place of business _2L__ Defendant's place of business; Designation made by Plaintiff; /J ia C. Mombrea, Esq. Dated: January 7, 2021 NESPER, FERBER, DiGIACOMO, JOHNSON & GRIMM, LLP Attorneys for Plaintiff 200 John James Audubon Pkwy., Suite 302 Amherst, NY 14228 (716) 688-3800 1 of 6 202101070164 Index NO. INDEX #: 128559-2021 128559-2021 FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 STATE OF NEW YORK : SUPREME COURT: COUNTY OF ONTARIO ALLY FINANCIAL INC. Plaintiff VERIFIED COMPLAINT against Patrick Concrete Constructors, Inc. 2455 Route 21 S Canandaigua, NY 14424 DOE" Doe" and "JOHN the name "John being fictitious, the person intended having possessioñ of the chattel described herein, Defendant(s) Plaintiff, by itsattorneys, NESPER, FERBER, DiGIACOMO, JOHNSON & GRIMM, LLP alleges as follows, upon information and belief, as a complaint against the Defendant(s): 1. Plaintiff is a Delaware corporation and is authorized to do business in the State of New York. 2. The Defendant Patrick Concrete Constructors, Inc. is a domestic business corporation, authorized to do business in the State of New York. 2016 RAM 3500. VIN: 3C63R2AL9GG112686 3. The Plaintiff is entitled to immediate possession of the following described motor vehicle: a 2016 RAM 3500, VIN: 3C63R2AL9GG112686, Value $23,175.00. 4. On or about August 21, 2015, the Defendant entered into a retail installment contract covering the purchase of the vehicle on an installment basis. The retail installment contract called for the Defeñdañt to make monthly payments of $611.92 for a period of 72 months, each payment to be made on the 5th day of the month. On or about August 21, 2015, all the rights and interests of the seller, 2 of 6 202101070164 Index NO. INDEX #: 128559-2021 128559-2021 FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 Cañañdaigua Motors, Inc., in the retail installment contract and in the motor vehicle were assigned to Ally Financial Inc., which is now the holder thereof. 5. Pursuant to the contract, the Defendant agreed ifdefault was made in the payment of any installment when due, then the balance owed under the contract would be immediately due and payable and the Plaintiff would have the right to immediate possession of the subject motor vehicle. FOR A FIRST CAUSE OF ACTION: POSSESSION (2016 RAM 3500, VIN: 3C63R2AL9GG112686) 6. Defendants defaulted in the monthly installment due on June 5, 2019, and the payments due every month thereafter. By virtue of this default, the Plaintiff became entitled to immediate possessioñ of the motor vehicle with Defendant remaining liable for Defendant's financial obligations under the retail installment contract. 7. The Plaintiff, by its officers, agents and employees, on one or more occasions, has duly demanded possession of the said motor vehicle, but the Defendant has wrongfully retained said motor vehicle. 8. Plaintiff is entitled to immediate possession of the subject vehicle. FOR A SECOND CAUSE OF ACTION: MONEY JUDGMENT (2016 RAM 3500, VIN: 3C63R2AL9GG112686) 9. The allegations above are repeated. 10. In the event that possession cannot be obtained, Plaintiff is entitled to a money judgment against the Defendant in the amount of $19,738.89, the outstanding balance due under the retail installment contract plus contractual late fees. 3 of 6 202101070164 Index NO. INDEX #: 128559-2021 128559-2021 FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 2016 RAM 1500, VIN: 3C6JR6DG7GG114207 11. The Plaintiff is entitled to immediate possession of the following described motor vehicle: a 2016 RAM 1500, VIN: 3C6JR6DG7GG114207, Value $11,200.00. 12. On or about August 21, 2015, the Defendañt entered into a retail installment contract covering the purchase of the vehicle on an installment basis. The retail installment contract called for the Defendant to make monthly payments of $380.63 for a period of 72 months, each payment to be made on the 5th day of the month. On or about August 21, 2015, all the rights and interests of the seller, Canandaigua Motors, Inc., in the retail installment contract and in the motor vehicle were assigned to Ally Financial Inc., which is now the holder thereof. 13. Pursuant to the contract, the Defendant agreed ifdefault was made in the payment of any installment when due, then the balance owed under the contract would be immediately due and payable and the Plaintiff would have the right to immediate possession of the subject motor vehicle. FOR A THIRD CAUSE OF ACTION: POSSESSION (2016 RAM 1500, VIN: 3C6JR6DG7GG114207) 14. Defendants defaulted in the monthly installment due on June 5, 2019, and the payments due every month thereafter. By virtue of this default, the Plaintiff became entitled to immediate possession of the motor vehicle with Defendant remaining liable for Defendant's financial obligations under the retail installment contract. 15. The Plaintiff, by its officers, agents and employees, on one or more occasions, has duly demanded possession of the said motor vehicle, but the Defendant has wrongfully retained said motor vehicle. 4 of 6 202101070164 Index NO. INDEX #: 128559-2021 128559-2021 FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 16. Plaintiff is entitled to immediate possession of the subject vehicle. FOR A FOURTH CAUSE OF ACTION: MONEY JUDGMENT (2016 RAM 1500, VIN: 3C6JR6DG7GG114207) 17. The allegations above are repeated. 18. In the event that possession cannot be obtained, Plaintiff is entitled to a money judgment against the Defendants in the amount of $12,294.48, the outstanding balance due under the retail installment contract plus contractual late fees. WHEREFORE, the Plaintiff demands judgment against the Defendant for the possessicñ of said motor vehicles, or a money judgment for the balance due under the contracts between the parties, together with reasonable attorney's fees and the costs and disbursenients of this action. Dated: January 7, 2021 NESPER, FERBER, DiGIACOMO, JOHNSON & GRIMM, LLP Attorneys for Plaintiff 200 John James Audubon Pkwy., Suite 302 Amherst, NY 14228 (716) 688-3800 Julia C. Mombrea, Esq. 5 of 6 202101070164 Index NO. INDEX #: 128559-2021 128559-2021 FILED: ONTARIO COUNTY CLERK 01/07/2021 12:15 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 Verification State of Minnesota ) County of Ramsey ) Tania Taylor, being duly sworn, deposes and says: That he is an Authorized Representative for Ally Financial Inc., the entity named in the within-entitled action; that he has read the foregoing complaint and knows the contents thereof; and that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes itto be true. Deponent further says that the reason this verification is made by depoñent and not by Plaintiff is because the said Plaintiff is a corporation and the grounds of deponent's belief as to all matters in the said complaint not stated upon his own knowledge, are investigations which deponent cause to be made concerning the subject matter of this complaint and information acquired by the deponent in the course of his duties as an agent of said Plaintiff and from the boo papers of said Plaintiff. ia Ta Sworn to befor me this day of VAC(Mif . 2020 BLONG NIKKI VANG Notary Public State of Minnesota Commission Expires My 2021 January 31, 6 of 6