Preview
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
THIS IS A CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON ___
Cavalry SPV I,LLC
Plaintiff, SUMMONS
-against- Index No.:
Date Filed:
Brennen Carter
9700 State Route 9
Chazy NY 12921-2907
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint
annexed hereto by serving a copy of your Answer on Plaintiffs attorneys within twenty (20)
days after service of this Summons, exclusive of the date of service (orwithin thirty (30) days
after service is complete ifthis Summons is notpersonally delivered to you in New York State)
and in case of your failure to appear or answer, Judgmcñt will be taken against you by default for
the amount of money demanded in the annexed Verified Complaint.
Dated: March 12, 2021 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 Defendãin(s) reside(s) in the County of Clinton.
1 of 6
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF CLINTON
Cavalry SPV I,LLC
Plaintiff VERIFIED
COMPLAINT
-against-
Index No.:
Dated Filed:
Brennen Carter
9700 State Route 9
Chazy NY 12921-2907
Defendant.
Plaintiff Cavalry SPV I,LLC by and through its attorneys, Girvin & Ferlazzo, P.C., sets
for the following as and for itsVerified Complaint against the Defendant:
FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
1. Plaintiff Cavalry SPV I,LLC is a foreign limited liability company duly
organized and existing under the laws of the State of Delaware, and is duly registered to do
business in the State of New York.
2. At alltimes 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 Plaintiff s
predecessor-in interest,Citibank, N.A., designated and assigned Account No.
************9862.
4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed
against the credit account, resulting in an outstanding account balance of $3,430.29 as of March
12, 2021.
2 of 6
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
5. Defendant failed to timely make one or more monthly payments toward the
outstanding balance, as required under the terms and conditions governing said credit account,
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 owing in connection with the credit account.
7. Plaintiff is theowner 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 February 25, 2020.
8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of
$3,430.29.
SECOND CAUSE OF ACTION (ACCOUNT STATED)
"l" "8"
9. The allegations contained in Paragraphs through of the First Count are
incorporated by reference.
10. Periodic account statements setting forth charges and amounts due on the credit
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 failed, refused, or neglected to make full payment of the balance
due and owing in connection with the credit account as represcated on the account statements.
13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the
Plaintiff in the amount of $3,430.29.
3 of 6
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
WHEREFORE, Plaintiff Cavalry SPV I,LLC demands that Judgment be entered herein
against the named Defendant in the amount of $3,430.29, together with the costs and
disbursements of the action.
Dated: March 12, 2021
GIRVIN & FERLAZZO, P.C.
Attorneys for Plaintiff
By: JL
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: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
VERIFICATION
STATE OF NEW YORK )
) s.s.:
COUNTY OF ALBANY )
Alex S. Dahle, being duly sworn, deposes and states that he isan 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 Complaint and is
familiar with the contents thereof; and that the matters set forth therein are true to his knowledge,
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 documents and other information
pertaining to the matters raised herein. The reason why this Verification is not made by the
parties represented by the undersigned is thatsuch parties do not reside in the county where the
undersigned has his office.
Alex S. Dahle
Sworn to before me this
ch 12, 2021
/ No ary Public, State of New York
JUDITH A MOAK
NOTARY PUBLIC State of New York
No 01MO6080559
Qualifieo tr
Albany Gounty
Commission Expires 9/16/20
5 of 6
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
Plaintiff/Feliticacr,
- against-
Brennen Carter Index No.
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE thatthe matter captioned above,which has been commenced by filingofthe
accerspañyirg documents with the County Clerk, issubjectto mandaton electronicfilingpursuant toSection
202.5-bb of theUniform Rules forthe TrialCourts. This noticeis beingserved as requiredby Subdivision (b) (3)of
thatSection.
The New York StateCourts ElectronicFiling System ("NYSCEF") is designedforthe electronicfilingof
docuiñêñ‡s with theCounty Clerk and the courtand forthe electronicservice ofthose documcñts, courtdocuments,
and court noticesupon counsel and self-representedparties.Counsel and/or partieswho do not notifythecourt ofa
claimed exemption (seebelow) as requiredby Section202.5-bb(e) must immediately record theirrepresentation
within the matter
e-filed on theConsent page in NYSCEF. Failureto do so may resultinan inabilitytoreceive
electronicnoticeof document filings.
Exemptions from mandatory are limited
e-filing to: 1) attorneys
who certifyingood faiththatthey lackthe
camputer equipment and (along with allemployees) therequisiteknowledge to comply; and 2) self-represented
partieswho choose not toparticipateine-filing.For additieselinfeiiñâtionabout electronicfiling,
including access
to Section202.5-bb, consultthe NYSCEF website at www.nycourts.gov/efile or contactthe NYSCEF Resource
Center at (646)386-3033 or efile@courts.state.ny.us.
D ed:March 12, 2021
(Signature) 20 Corporate Woods Blvd. Albany, NY 1221I (Address)
Alex S. Dahle (Name) 518-462-0300 (Phone)
Girvin & Ferlazzo, PC (Firm Name)
(E-Mail)
To:
Brennen Carter
9700 State Route 9
Chazy NY 12921-2907
6 of 6
Preview
FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 THIS IS A CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON ___ Cavalry SPV I,LLC Plaintiff, SUMMONS -against- Index No.: Date Filed: Brennen Carter 9700 State Route 9 Chazy NY 12921-2907 Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed hereto by serving a copy of your Answer on Plaintiffs attorneys within twenty (20) days after service of this Summons, exclusive of the date of service (orwithin thirty (30) days after service is complete ifthis Summons is notpersonally delivered to you in New York State) and in case of your failure to appear or answer, Judgmcñt will be taken against you by default for the amount of money demanded in the annexed Verified Complaint. Dated: March 12, 2021 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 Defendãin(s) reside(s) in the County of Clinton. 1 of 6 FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF CLINTON Cavalry SPV I,LLC Plaintiff VERIFIED COMPLAINT -against- Index No.: Dated Filed: Brennen Carter 9700 State Route 9 Chazy NY 12921-2907 Defendant. Plaintiff Cavalry SPV I,LLC by and through its attorneys, Girvin & Ferlazzo, P.C., sets for the following as and for itsVerified Complaint against the Defendant: FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 1. Plaintiff Cavalry SPV I,LLC is a foreign limited liability company duly organized and existing under the laws of the State of Delaware, and is duly registered to do business in the State of New York. 2. At alltimes 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 Plaintiff s predecessor-in interest,Citibank, N.A., designated and assigned Account No. ************9862. 4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the credit account, resulting in an outstanding account balance of $3,430.29 as of March 12, 2021. 2 of 6 FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 5. Defendant failed to timely make one or more monthly payments toward the outstanding balance, as required under the terms and conditions governing said credit account, 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 owing in connection with the credit account. 7. Plaintiff is theowner 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 February 25, 2020. 8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of $3,430.29. SECOND CAUSE OF ACTION (ACCOUNT STATED) "l" "8" 9. The allegations contained in Paragraphs through of the First Count are incorporated by reference. 10. Periodic account statements setting forth charges and amounts due on the credit 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 failed, refused, or neglected to make full payment of the balance due and owing in connection with the credit account as represcated on the account statements. 13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the Plaintiff in the amount of $3,430.29. 3 of 6 FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 WHEREFORE, Plaintiff Cavalry SPV I,LLC demands that Judgment be entered herein against the named Defendant in the amount of $3,430.29, together with the costs and disbursements of the action. Dated: March 12, 2021 GIRVIN & FERLAZZO, P.C. Attorneys for Plaintiff By: JL 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: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 VERIFICATION STATE OF NEW YORK ) ) s.s.: COUNTY OF ALBANY ) Alex S. Dahle, being duly sworn, deposes and states that he isan 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 Complaint and is familiar with the contents thereof; and that the matters set forth therein are true to his knowledge, 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 documents and other information pertaining to the matters raised herein. The reason why this Verification is not made by the parties represented by the undersigned is thatsuch parties do not reside in the county where the undersigned has his office. Alex S. Dahle Sworn to before me this ch 12, 2021 / No ary Public, State of New York JUDITH A MOAK NOTARY PUBLIC State of New York No 01MO6080559 Qualifieo tr Albany Gounty Commission Expires 9/16/20 5 of 6 FILED: CLINTON COUNTY CLERK 03/18/2021 04:33 PM INDEX NO. 2021-00021047 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON Plaintiff/Feliticacr, - against- Brennen Carter Index No. Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE thatthe matter captioned above,which has been commenced by filingofthe accerspañyirg documents with the County Clerk, issubjectto mandaton electronicfilingpursuant toSection 202.5-bb of theUniform Rules forthe TrialCourts. This noticeis beingserved as requiredby Subdivision (b) (3)of thatSection. The New York StateCourts ElectronicFiling System ("NYSCEF") is designedforthe electronicfilingof docuiñêñ‡s with theCounty Clerk and the courtand forthe electronicservice ofthose documcñts, courtdocuments, and court noticesupon counsel and self-representedparties.Counsel and/or partieswho do not notifythecourt ofa claimed exemption (seebelow) as requiredby Section202.5-bb(e) must immediately record theirrepresentation within the matter e-filed on theConsent page in NYSCEF. Failureto do so may resultinan inabilitytoreceive electronicnoticeof document filings. Exemptions from mandatory are limited e-filing to: 1) attorneys who certifyingood faiththatthey lackthe camputer equipment and (along with allemployees) therequisiteknowledge to comply; and 2) self-represented partieswho choose not toparticipateine-filing.For additieselinfeiiñâtionabout electronicfiling, including access to Section202.5-bb, consultthe NYSCEF website at www.nycourts.gov/efile or contactthe NYSCEF Resource Center at (646)386-3033 or efile@courts.state.ny.us. D ed:March 12, 2021 (Signature) 20 Corporate Woods Blvd. Albany, NY 1221I (Address) Alex S. Dahle (Name) 518-462-0300 (Phone) Girvin & Ferlazzo, PC (Firm Name) (E-Mail) To: Brennen Carter 9700 State Route 9 Chazy NY 12921-2907 6 of 6