Preview
FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
CONSUMER CREDIT TRANSACTION
___________. X INDEX NUMBER:
Citibank, N.A.
SUMMONS
Plaintiff
Plaintiffs Address:
-against- 701 E 60th St. N
Sioux Falls, SD 57117
Carlos Fuentes, Basis of Venue:
Defendant's Address
Defendant.
X
To the Person(s) Named as Defendant(s) Above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the
plaintiff(s)herein and toserve a copy of your answer on the plaintiff(s) at the address indicated below
within 20 days after the service of thisSummons (not counting the day of service or
itself), within 30 days
after service is complete ifthe Summons isnot delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you failto answer, a judgmcat will be entered against you
by default for the reliefdemanded in the complaint.
Dated: January 11, 2021
TENAGLIA & HUNT, P.A.
Attorneys for Plaintiff
By: /s/Christooher Mount /s/
Christopher Mount
Electronically signed pursuant to STL §304
395 W. Passaic Street, Suite 205
Rochelle Park, New Jersey 07662
5 Penn Plaza, 23rd F1
New York, New York 10001
Firm File No.: CIT42433
NYC Department of Consumer
Affairs collection license No.: # 2047462
Defendant's Address(es_);
Carlos Fuentes
15 Appleton Rd
Rexford NY 12148-1309
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FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
File No.: CIT42433
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
Citibank, N.A.
Index No.:
Plaintiff
-against- COMPLAINT
Carlos Fuentes
Defendant.
Plaintiff,by its Attorneys, coniplaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a national banking association organized and existing under federal law.
2. Upon information and belief,the Defendant(s) resides or has an office in the county in which this
action isbrought, or the defendant(s) transacted business within the county in which this action is
brought, either in person or through an agent and the instant cause of action arose out of said
transaction.
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if
more fully set forth herein.
2. At allrelevant times herein, Defendant was the holder of a credit card that enabled Defendant to
charge items to the credit card bearing account no. ending in the last four 1730. (HEREINAFTER
THE "ACCOUNT")
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FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
3. By using the account, Defendant agreed to certain terms and conditions requiring Defendant to
make payments towards the balance incurred thereon .(THE "AGREEMENT")
4. Defendant's account defaulted when Defendant failedto make the required payments as set forth in
the agreement, and as a result,was in breach of the terms and conditions thereunder.
5. There is still
due on said account the sum of $3,217.29, of which no part has been paid although
repeated demands for same have been made and as often refused.
6. The Statute of Limitations has not yet expired.
Wherefore, Plaintiff demands as damages the sum of $3,217.29, together with costs of thissuit.
AS AND FOR A SECOND CAUSE OF ACTION
7. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if
more fully set forth herein.
8. Plaintiff rendered to Defendant(s) a full and trueaccount of the indebtedness owing by the
Defendant(s) as a result of the above agreement, in an amount as herein above set forthwhich
account statement was delivered to and accepted without objection by the Defendant(s) resulting in
an account stated in the sum of $3,217.29, no part of which was has been paid despite due demand
therefore.
Wherefore, Plaintiff demands judgment against the Defendant(s) in the sum of $3,217.29 together
with costs of thissuit.
AS AND FOR A THIRD CAUSE OF ACTION
9. Plaintiffrepeats, reiterates and incorporates each and every allegation contained in the foregoing
paragraphs as though fully set forth at length herein.
10. Plaintiff sues said Defendant for the reasonabic value of creditpurchases under the Account
pursuant to the Agreement with the Defendant upon the promise of the Defendant to pay a
reasonable price forthe same. Payment has been demanded and has not been made.
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FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
WHEREFORE, is entitledto judgment against Defendant for Qu2ntum Meruit in the
Plaintiff(s)
amount of $3,217.29, together with costs of this suit.
The undersigned attorney hereby certifies that,to the best of his/her knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint
and the contentions therein are not frivolous as defined in Part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: January 11, 2021
TENAGLIA & HUNT, P.A.
Attorneys for Plaintiff
By: /s/Christooher Mount /s/
Christopher Mount
Electronically signed pursuant to STL §304
395 W. Passaic Street, Suite 205
Rochelle Park, New Jersey 07662
5 Penn Plaza, 23rd F1
New York, New York 10001
Firm File No.: CIT42433
NYC Department of Consumer
Affairs collection license No.: # 2047462
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FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
Citibank, N.A.
Plaintiff,
vs.
Carlos Fuentes
Defendant(s).
SUMMONS AND COMPLAINT
TENAGLIA & HUNT, P.A.
395 West Passaic Street, Ste 205
Rochelle Park, NJ 07662
5 Penn Plaza, 23rd Fl
New York, New York 10001
(201) 820-6001
Attorneys For: Citibank, N.A.
Plaintiff
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Preview
FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA CONSUMER CREDIT TRANSACTION ___________. X INDEX NUMBER: Citibank, N.A. SUMMONS Plaintiff Plaintiffs Address: -against- 701 E 60th St. N Sioux Falls, SD 57117 Carlos Fuentes, Basis of Venue: Defendant's Address Defendant. X To the Person(s) Named as Defendant(s) Above: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff(s)herein and toserve a copy of your answer on the plaintiff(s) at the address indicated below within 20 days after the service of thisSummons (not counting the day of service or itself), within 30 days after service is complete ifthe Summons isnot delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you failto answer, a judgmcat will be entered against you by default for the reliefdemanded in the complaint. Dated: January 11, 2021 TENAGLIA & HUNT, P.A. Attorneys for Plaintiff By: /s/Christooher Mount /s/ Christopher Mount Electronically signed pursuant to STL §304 395 W. Passaic Street, Suite 205 Rochelle Park, New Jersey 07662 5 Penn Plaza, 23rd F1 New York, New York 10001 Firm File No.: CIT42433 NYC Department of Consumer Affairs collection license No.: # 2047462 Defendant's Address(es_); Carlos Fuentes 15 Appleton Rd Rexford NY 12148-1309 1 of 5 FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 File No.: CIT42433 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA Citibank, N.A. Index No.: Plaintiff -against- COMPLAINT Carlos Fuentes Defendant. Plaintiff,by its Attorneys, coniplaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is a national banking association organized and existing under federal law. 2. Upon information and belief,the Defendant(s) resides or has an office in the county in which this action isbrought, or the defendant(s) transacted business within the county in which this action is brought, either in person or through an agent and the instant cause of action arose out of said transaction. AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 2. At allrelevant times herein, Defendant was the holder of a credit card that enabled Defendant to charge items to the credit card bearing account no. ending in the last four 1730. (HEREINAFTER THE "ACCOUNT") 2 of 5 FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 3. By using the account, Defendant agreed to certain terms and conditions requiring Defendant to make payments towards the balance incurred thereon .(THE "AGREEMENT") 4. Defendant's account defaulted when Defendant failedto make the required payments as set forth in the agreement, and as a result,was in breach of the terms and conditions thereunder. 5. There is still due on said account the sum of $3,217.29, of which no part has been paid although repeated demands for same have been made and as often refused. 6. The Statute of Limitations has not yet expired. Wherefore, Plaintiff demands as damages the sum of $3,217.29, together with costs of thissuit. AS AND FOR A SECOND CAUSE OF ACTION 7. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 8. Plaintiff rendered to Defendant(s) a full and trueaccount of the indebtedness owing by the Defendant(s) as a result of the above agreement, in an amount as herein above set forthwhich account statement was delivered to and accepted without objection by the Defendant(s) resulting in an account stated in the sum of $3,217.29, no part of which was has been paid despite due demand therefore. Wherefore, Plaintiff demands judgment against the Defendant(s) in the sum of $3,217.29 together with costs of thissuit. AS AND FOR A THIRD CAUSE OF ACTION 9. Plaintiffrepeats, reiterates and incorporates each and every allegation contained in the foregoing paragraphs as though fully set forth at length herein. 10. Plaintiff sues said Defendant for the reasonabic value of creditpurchases under the Account pursuant to the Agreement with the Defendant upon the promise of the Defendant to pay a reasonable price forthe same. Payment has been demanded and has not been made. 3 of 5 FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 WHEREFORE, is entitledto judgment against Defendant for Qu2ntum Meruit in the Plaintiff(s) amount of $3,217.29, together with costs of this suit. The undersigned attorney hereby certifies that,to the best of his/her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in Part 130-1.1(c) of the rules of the Chief Administrator. Dated: January 11, 2021 TENAGLIA & HUNT, P.A. Attorneys for Plaintiff By: /s/Christooher Mount /s/ Christopher Mount Electronically signed pursuant to STL §304 395 W. Passaic Street, Suite 205 Rochelle Park, New Jersey 07662 5 Penn Plaza, 23rd F1 New York, New York 10001 Firm File No.: CIT42433 NYC Department of Consumer Affairs collection license No.: # 2047462 4 of 5 FILED: SARATOGA COUNTY CLERK 01/19/2021 12:39 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA Citibank, N.A. Plaintiff, vs. Carlos Fuentes Defendant(s). SUMMONS AND COMPLAINT TENAGLIA & HUNT, P.A. 395 West Passaic Street, Ste 205 Rochelle Park, NJ 07662 5 Penn Plaza, 23rd Fl New York, New York 10001 (201) 820-6001 Attorneys For: Citibank, N.A. Plaintiff 5 of 5