Preview
FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
AMERICAN EXPRESS NATIONAL BANK, Plaintiff designates Rockland
County as the place of trial
Plaintiffs,
Index No.
-against-
Date Purchased:
STEPHANIE CHEUNG SUMMONS
a/k/a STEPHANIE S CHEUNG,
The basis of the venue
designated is:
Defendants. Defendant's place of residence.
To: Stephanie Cheung a/k/a Stephañic S Cheung
33 Eagle Ridge Way
Nanuet, NY 10954
Plaintiffs'
YOU ARE HEREBY SUMMONED and required to serve upon attorney, at
the address stated below, an answer to the attached complaint.
If this summons was personally delivered to you in the State of New York, the answer
must be served within twenty days after such service of summons, excluding the date of service.
If the summons was not personally delivered to you within the State of New York, the answer
must be served within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint or otherwise appear within the
applicable time limitation stated above, a judgment may be entered against you by default for the
relief demanded in the complaint without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and for the
County of Rockland, 1 South Main St., New City, NY 10956.
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This action is brought in the County of Rockland because itis the place of defendant's
residence, with an address at: 33 Eagle Ridge Way, Nanuet New York 10954.
Dated:April 5, 2021
__Anthony J. Migliaccio, Jr.,Esq.
_Benjamin Marashlian, Esq.
XAlexander Fink, Esq.
Staff Attorneys for the Plaintiff,
AMERICAN EXPRESS NATIONAL BANK
Bank¹
f/k/a American Express Centurion
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
AMERICAN EXPRESS NATIONAL BANK,
Index No.:
Plaintiff,
-against- COMPLAINT
STEPHANIE CHEUNG
a/k/a STEPHANIE S CHEUNG,
Defendant.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK f/k/a American Express
Bank¹
Centurion ("American Express"), by and through its attorneys, as and for itscomplaint
herein against defendant Stephanie Cheung a/k/a Stephanie S Cheung ("Cheung"), hereby
alleges as follows:
The Parties
1. AMERICAN EXPRESS NATIONAL BANK f/k/a American Express Centurion
Bank¹
("American Express"), a national bank under the laws of the United States of America with
its office located at 115 W. Town Ridge Parkway, Sandy, Utah 84070 (hereinafter singularly or
collectively referenced as "American Express").
2. Upon information and belief, at allrelevant times, Cheung was and is an individual
who resides in the State of New York, County of Rockland, at 33 Eagle Ridge Way, Nanuet, New
York 10954.
The Facts
A. The American Exoress The Ontima Platinum Card Acc6üñt
3. At all relevant times, was the holder of The Optima Platinum Card ("The
Cheung
Optima Platinum Card") that eñabled him/her to charge items to the The Optima Platinum Card
Card"
account (account no. xxxx-xxxxxx-x5003) ("The Optima Platinum Account).
[1] On April 1, 2018American Express CenturionBank changed its nameto American Express NationalBank. See,
https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations
and actions-jan-2018.html.
See also,
12 U.S.C. § 35;12 CFR 5.24.
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4. By accepting and using the The Optima Platinum Card, Cheung agreed to all of
the terms and conditions set forth in the "Agreement Between Optima Platinum Card Member
Bank"
and American Express Centurion (the "Agreement"), which was provided to Cheung with
the The Optima Platinum Card.
5. The terms and conditions of the Agreement between the Card Member and
American Express include the following:
a. Cheung agreed to be responsible for paying allamounts charged to the The
Optima Platinum Card Account.
Due"
b. Cheung agreed to pay the "Minimum Amount by the due date indicated
on the monthly billing statements mailed by or on behalf of American
Express.
c. Cheung agreed that American Express may impose late fees, in amounts set
forth in the Agreement, on all unpaid amounts.
"default"
d. Cheung further agreed that, upon (as that term is used in the
Agreement) he/she would pay all reasonable costs incurred by American
Express in protecting itself from any harm itmay suffer as a result of any
such default.
B. The American Exoress Platinum Card Accaünt
6. At all relevant times, Cheung was the holder of an American Express Platinum
Card (the "Platinum Card") that enabled him/her to charge items to the Platinum Card account
Card"
(account no. xxxx-xxxxxx-x4001) (the "Platinum Account).
7. By accepting and using the Platinum Card, Cheung agreed to all of the terms and
conditions set forth in the Patim;m Card Member Agreements Agreement Between Platinum
Bank"
Card Member and American Express Centurion (the "Agreement"), which was provided
to Cheung with the Platinum Card.
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8. The terms and conditions of the Agreement between the Card Member and
American Express include the following:
a. Cheung agreed to be responsible for paying allamounts charged to the
American Express Platinum Card Account.
Due"
b. Cheung agreed to pay the "Minimum Amount by the due date
indicated on the monthly billing statements mailed by or on behalf of
American Express.
c. Cheung agreed that American Express may impose late fees, in amounts set
forth in the Agreement, on all unpaid amounts.
"default"
d. Cheung further agreed that, upon (as that term is used in the
Agreement) he/she would pay all reasonable costs incurred by American
Express in protecting itself from any harm itmay suffer as a result of any
such default.
The Defaults
A. The American Exoress The Ontima Platinum Card Accaüñ‡
9. Cheung used the The Optima Platinum Card to charge various items to the The
Optima Platinum Card Account for which he/she never made payment.
10. American Express sent monthly statements to Cheung for the Account, showing
the Mininmm Amount Due on the The Optima Platinum Card Account.
11. Cheung violated the Agreersent by refusing to remit the Minimum Amount Due
indicated by the monthly statements.
12. Cheung's failure to the Minimmn Amount Due constituted a default under the
pay
Agreersent and lead to the account becoming delinquent. As a result, American Express
suspended Cheung's charge privileges on the The Optima Platimun Card Account and the
outstanding balance became due in itsentirety.
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13. Thus, due to Cheung's failure to remit timely payment to American Express, there
is due and owing to American Express the balance of $37,186.41.
B. The American Exoress Platinum Card Account
14. Cheung used the Platinum Card to charge various items to the Platinum Card
Account for which he/she never made payment.
15. American Express sent monthly statements to Cheung for the Account, showing
the Minimum Amount Due on the Platinum Card Account.
16. Cheung violated the Agreement by refusing to remit the Minimum Amount Due
indicated by the monthly statements.
17. Cheung's failure to pay the Minimum Amount Due constituted a default under the
Agreement and lead to the account becoming delinquent. As a result, American Express
suspended Cheung's charge privileges on the Platinum Card Account and the outstanding
balance became due in its entirety.
18. Thus, due to Cheung's failure to remit timely payment to American Express, there
is due and owing to American Express the balance of $16,766.97.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract: Cheung's The Optima Platinum Card Accaüñt)
19. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 18 of thiscomplaint as though fully set forth at length herein.
20. In violation of the Agreement requiring payment of the Minimum Amount Due on
the The Optima Platinum Card Account, Cheung has failed and refused to make the payments to
American Express as set forth in the The Optima Platinmn Card statements. As a result,
monthly
American Express suspended Cheung's charge privileges on the The Optima Platinum Card
Account.
21. Cheung agreed to pay for all items charged to the The Optima Platinum Card
Account. In addition, Cheung agreed to pay American Express late fees and court costs in the
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event that American Express referred the The Optima Platinum Card Account to its attorneys for
collection.
22. As set forth above, Cheung is currently indebted to American Express for unpaid
charges in the amount of $37,186.41.
23. Despite due demand, Cheung has failed and refused to pay American Express any
portion of the amount due and owing.
24. As a result of Cheung's failure to pay the amount that he/she owes, American
Express referred itsclaim against Cheung to its attorneys for collection.
25. By reason of the foregoing, American Express is entitled to judgment against
Cheung for breach of contract in the sum of $37,186.41, plus court costs.
AS AND FOR A SECOND CAUSE OF ACTION
(Acc6üñt Stated: Cheung's The Optima Platinum Card Accôüñt)
26. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 25 of this complaint as though fully set forth at length herein.
27. American Express duly issued and sent to Cheung, the The Optima Platinum Card
statements which set forth in detail allitems charged to the The Optima Platinum Card
monthly
Account and the total amount due and owing by Cheung to American Express on the The Optima
Platinum Card Account.
28. received the The Optima Platim3m Card statements without
Cheung monthly
protest and neither objected to them nor indicated that they were erroneous in any respect.
Cheung thereby acknowledged that the debt owed to American Express, as set forth in the The
Optima Platinum Card monthly statements, is true and correct.
29. By reason of the foregoing, American Express is entitled to judgment against
Cheung for an account stated in the amount of $37,186.41 plus court costs.
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AS AND FOR A THIRD CAUSE OF ACTION
(Unjust Enrichment: Cheung's The Optima Platinum Card Account)
30. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 29 of this complaint as though fully set forth at length herein.
31. Cheung benefited from allof the charges made to the The Optima Platinum Card
Account, has acknowledged receipt of those benefits, and has failed to pay for same.
32. Given Cheung's failure to make payment for the outstanding balance owed with
respect to the The Optima Platinum Card Account, and the fact that Cheung was the beneficiary
of all items charged to the The Optima Platinum Card Account, Cheung would be unjustly
enriched to American Express's detriment unless judgment is entered against them for the full
balance due and owing on the The Optima Platinum Card Account.
33. As set forth above, Cheung has been unjustly enriched to American Express's
detriment.
34. By reason of the foregoing, American Express is entitled to judgment against
Cheung for unjust enrichment in an amount to be determined at trial,plus court costs.
AS AND FOR A FOURTH CAUSE OF ACTION
(Breach of Contract: Cheung's Platinum Card Account)
35. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 34 of this complaint as though fully set forth at length herein.
36. In violation of the Agreement requiring payment of the Minimum Amount Due on
the Platinum Card Account, Cheung has failed and refused to make the payments to American
Express as set forth in the Platinum Card monthly statements. As a result, American Express
suspended Cheung's charge privileges on the Platinum Card Account.
37. Cheung agreed to pay for all items charged to the Platinum Card Account. In
addition, Cheung agreed to pay American Express late fees and court costs in the event that
American Express referred the Platinum Card Account to itsattorneys for collection.
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38. As set forth above, Cheung is currently indebted to American Express for unpaid
charges in the amount of $16,766.97.
39. Despite due demand, Cheung has failed and refused to pay American Express any
portion of the amount due and owing.
40. As a result of Cheung's failure to pay the amount that he/she owes, American
Express referred itsclaim against Cheung to its attorneys for collection.
41. By reason of the foregoing, American Express is entitled to judgment against
Cheung for breach of contract in the sum of $16,766.97, plus court costs.
AS AND FOR A FIFTH CAUSE OF ACTION
(Account Stated: Cheung's Platinum Card Accoüñt)
42. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 41 of this complaint as though fully set forth at length herein.
43. American Express duly issued and sent to Cheung, the Platinum Card monthly
statements which set forth in detail all items charged to the Platinum Card Account and the total
amount due and owing by Cheung to American Express on the Platinum Card Account.
44. Cheung received the Platinum Card monthly statements without protest and
neither objected to them nor indicated that they were erroneous in any respect. Cheung thereby
acknowledged that the debt owed to American Express, as set forth in the Platinum Card
monthly statements, is true and correct.
45. By reason of the foregoing, American Express is entitled to judgment against
Cheung for an account stated in the amount of $16,766.97 plus court costs.
AS AND FOR A SIXTH CAUSE OF ACTION
(Unjust Enrichment: Cheung's Platinum Card Account)
46. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 45 of this complaint as though fully set forth at length herein.
47. Cheung benefited from allof the charges made to the Platinum Card Account, has
acknowledged receipt of those benefits, and has failed to pay for same.
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48. Given Cheung's failure to make payment for the outstanding balance owed with
respect to the Platinum Card Account, and the fact that Cheung was the beneficiary of all items
charged to the Platinum Card Account, Cheung would be unjustly enriched to American Express
's detriment unless judgment is entered against them for the fullbalance due and owing on the
Platinum Card Account.
49. As set forth above, Cheung has been unjustly enriched to American Express 's
detriment.
50. By reason of the foregoing, Americañ Express is entitled to judgment against
Cheung for unjust enrichment in an amount to be determined at trial,plus court costs.
WHEREFORE, plaintiff AMERICAN EXPRESS NATIONAL BANK requests
judgment against defendant, Stephanie Cheung a/k/a Stephanie S Cheung as follows:
(i) As for the firstcause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in
the sum of $37,186.41 plus court costs;
(ii) As for the second cause of action of the complaint, plaintiff AMERICAN
EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung
a/k/a Stephanie S Cheung in an amount of $37,186.41 plus court costs;
(iii) As for the third cause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in
an amount to be determined at trial,plus court costs;
(iv) As for the fourth cause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in
the sum of $16,766.97 plus court costs;
(v) As for the fifth cause of action of the complaint, plaintiff AMERICAN EXPRESS
NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie
S Cheung in an amount of $16,766.97 plus court costs;
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(vi) As for the sixth cause of action, plaintiff AMERICAN EXPRESS NATIONAL
BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in
an amount to be determined at trial,plus court costs; and
(vii) For such other and further relief as this Court deems just and proper.
Dated: April 2021
__Anthony J. Migliaccio, Jr., Esq.
__Benjamin Marashlian, Esq.
LAlexander Fink, Esq.
Staff Attorneys for the Plaintiff,
AMERICAN EXPRESS NATIONAL BANK
Bank1
f/k/a American Express Centurion
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
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Rule 130-1.1a
Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of
perjury and as an officer of the court that to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of this document or
the contentions therein are not frivolous.
__A17thony J. Migliaccio, Jr.,Esq.
__Benjamin Marashlian, Esq.
LAlexander Fink, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
AMERICAN EXPRESS NATIONAL BANK,
Index No.
Plaintiffs,
-against-
STEPHANIE CHEUNG
a/k/a STEPHANIE S CHEUNG,
Defendants.
SUMMONS AND COMPLAINT
Plaintiff
AMERICAN EXPRESS LEGAL
__Anthony J. Migliaccio, Jr., Esq.
__Benjamin Marashlian, Esq.
_XAlexander Fink, Esq.
Staff Attorneys for the Plaintiff,
American Express National Bank
f/k/a American Express Centurion Bank
Please send all correspondence to:
AMERICAN EXPRESS LEGAL
P.O. Box 119
Suffern, NY 10901
(877) 305 -0433
AMERICAN EXPRESS LEGAL
American Express Tower
World Financial Center
22nd
200 Vesey Street FlOOr
New York, NY 10285
877-305-0433
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Preview
FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND AMERICAN EXPRESS NATIONAL BANK, Plaintiff designates Rockland County as the place of trial Plaintiffs, Index No. -against- Date Purchased: STEPHANIE CHEUNG SUMMONS a/k/a STEPHANIE S CHEUNG, The basis of the venue designated is: Defendants. Defendant's place of residence. To: Stephanie Cheung a/k/a Stephañic S Cheung 33 Eagle Ridge Way Nanuet, NY 10954 Plaintiffs' YOU ARE HEREBY SUMMONED and required to serve upon attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered to you in the State of New York, the answer must be served within twenty days after such service of summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint or otherwise appear within the applicable time limitation stated above, a judgment may be entered against you by default for the relief demanded in the complaint without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Rockland, 1 South Main St., New City, NY 10956. 1 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 This action is brought in the County of Rockland because itis the place of defendant's residence, with an address at: 33 Eagle Ridge Way, Nanuet New York 10954. Dated:April 5, 2021 __Anthony J. Migliaccio, Jr.,Esq. _Benjamin Marashlian, Esq. XAlexander Fink, Esq. Staff Attorneys for the Plaintiff, AMERICAN EXPRESS NATIONAL BANK Bank¹ f/k/a American Express Centurion Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 2 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND AMERICAN EXPRESS NATIONAL BANK, Index No.: Plaintiff, -against- COMPLAINT STEPHANIE CHEUNG a/k/a STEPHANIE S CHEUNG, Defendant. Plaintiff, AMERICAN EXPRESS NATIONAL BANK f/k/a American Express Bank¹ Centurion ("American Express"), by and through its attorneys, as and for itscomplaint herein against defendant Stephanie Cheung a/k/a Stephanie S Cheung ("Cheung"), hereby alleges as follows: The Parties 1. AMERICAN EXPRESS NATIONAL BANK f/k/a American Express Centurion Bank¹ ("American Express"), a national bank under the laws of the United States of America with its office located at 115 W. Town Ridge Parkway, Sandy, Utah 84070 (hereinafter singularly or collectively referenced as "American Express"). 2. Upon information and belief, at allrelevant times, Cheung was and is an individual who resides in the State of New York, County of Rockland, at 33 Eagle Ridge Way, Nanuet, New York 10954. The Facts A. The American Exoress The Ontima Platinum Card Acc6üñt 3. At all relevant times, was the holder of The Optima Platinum Card ("The Cheung Optima Platinum Card") that eñabled him/her to charge items to the The Optima Platinum Card Card" account (account no. xxxx-xxxxxx-x5003) ("The Optima Platinum Account). [1] On April 1, 2018American Express CenturionBank changed its nameto American Express NationalBank. See, https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations and actions-jan-2018.html. See also, 12 U.S.C. § 35;12 CFR 5.24. 3 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 4. By accepting and using the The Optima Platinum Card, Cheung agreed to all of the terms and conditions set forth in the "Agreement Between Optima Platinum Card Member Bank" and American Express Centurion (the "Agreement"), which was provided to Cheung with the The Optima Platinum Card. 5. The terms and conditions of the Agreement between the Card Member and American Express include the following: a. Cheung agreed to be responsible for paying allamounts charged to the The Optima Platinum Card Account. Due" b. Cheung agreed to pay the "Minimum Amount by the due date indicated on the monthly billing statements mailed by or on behalf of American Express. c. Cheung agreed that American Express may impose late fees, in amounts set forth in the Agreement, on all unpaid amounts. "default" d. Cheung further agreed that, upon (as that term is used in the Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm itmay suffer as a result of any such default. B. The American Exoress Platinum Card Accaünt 6. At all relevant times, Cheung was the holder of an American Express Platinum Card (the "Platinum Card") that enabled him/her to charge items to the Platinum Card account Card" (account no. xxxx-xxxxxx-x4001) (the "Platinum Account). 7. By accepting and using the Platinum Card, Cheung agreed to all of the terms and conditions set forth in the Patim;m Card Member Agreements Agreement Between Platinum Bank" Card Member and American Express Centurion (the "Agreement"), which was provided to Cheung with the Platinum Card. 4 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 8. The terms and conditions of the Agreement between the Card Member and American Express include the following: a. Cheung agreed to be responsible for paying allamounts charged to the American Express Platinum Card Account. Due" b. Cheung agreed to pay the "Minimum Amount by the due date indicated on the monthly billing statements mailed by or on behalf of American Express. c. Cheung agreed that American Express may impose late fees, in amounts set forth in the Agreement, on all unpaid amounts. "default" d. Cheung further agreed that, upon (as that term is used in the Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm itmay suffer as a result of any such default. The Defaults A. The American Exoress The Ontima Platinum Card Accaüñ‡ 9. Cheung used the The Optima Platinum Card to charge various items to the The Optima Platinum Card Account for which he/she never made payment. 10. American Express sent monthly statements to Cheung for the Account, showing the Mininmm Amount Due on the The Optima Platinum Card Account. 11. Cheung violated the Agreersent by refusing to remit the Minimum Amount Due indicated by the monthly statements. 12. Cheung's failure to the Minimmn Amount Due constituted a default under the pay Agreersent and lead to the account becoming delinquent. As a result, American Express suspended Cheung's charge privileges on the The Optima Platimun Card Account and the outstanding balance became due in itsentirety. 5 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 13. Thus, due to Cheung's failure to remit timely payment to American Express, there is due and owing to American Express the balance of $37,186.41. B. The American Exoress Platinum Card Account 14. Cheung used the Platinum Card to charge various items to the Platinum Card Account for which he/she never made payment. 15. American Express sent monthly statements to Cheung for the Account, showing the Minimum Amount Due on the Platinum Card Account. 16. Cheung violated the Agreement by refusing to remit the Minimum Amount Due indicated by the monthly statements. 17. Cheung's failure to pay the Minimum Amount Due constituted a default under the Agreement and lead to the account becoming delinquent. As a result, American Express suspended Cheung's charge privileges on the Platinum Card Account and the outstanding balance became due in its entirety. 18. Thus, due to Cheung's failure to remit timely payment to American Express, there is due and owing to American Express the balance of $16,766.97. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract: Cheung's The Optima Platinum Card Accaüñt) 19. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 18 of thiscomplaint as though fully set forth at length herein. 20. In violation of the Agreement requiring payment of the Minimum Amount Due on the The Optima Platinum Card Account, Cheung has failed and refused to make the payments to American Express as set forth in the The Optima Platinmn Card statements. As a result, monthly American Express suspended Cheung's charge privileges on the The Optima Platinum Card Account. 21. Cheung agreed to pay for all items charged to the The Optima Platinum Card Account. In addition, Cheung agreed to pay American Express late fees and court costs in the 6 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 event that American Express referred the The Optima Platinum Card Account to its attorneys for collection. 22. As set forth above, Cheung is currently indebted to American Express for unpaid charges in the amount of $37,186.41. 23. Despite due demand, Cheung has failed and refused to pay American Express any portion of the amount due and owing. 24. As a result of Cheung's failure to pay the amount that he/she owes, American Express referred itsclaim against Cheung to its attorneys for collection. 25. By reason of the foregoing, American Express is entitled to judgment against Cheung for breach of contract in the sum of $37,186.41, plus court costs. AS AND FOR A SECOND CAUSE OF ACTION (Acc6üñt Stated: Cheung's The Optima Platinum Card Accôüñt) 26. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 25 of this complaint as though fully set forth at length herein. 27. American Express duly issued and sent to Cheung, the The Optima Platinum Card statements which set forth in detail allitems charged to the The Optima Platinum Card monthly Account and the total amount due and owing by Cheung to American Express on the The Optima Platinum Card Account. 28. received the The Optima Platim3m Card statements without Cheung monthly protest and neither objected to them nor indicated that they were erroneous in any respect. Cheung thereby acknowledged that the debt owed to American Express, as set forth in the The Optima Platinum Card monthly statements, is true and correct. 29. By reason of the foregoing, American Express is entitled to judgment against Cheung for an account stated in the amount of $37,186.41 plus court costs. 7 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment: Cheung's The Optima Platinum Card Account) 30. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 29 of this complaint as though fully set forth at length herein. 31. Cheung benefited from allof the charges made to the The Optima Platinum Card Account, has acknowledged receipt of those benefits, and has failed to pay for same. 32. Given Cheung's failure to make payment for the outstanding balance owed with respect to the The Optima Platinum Card Account, and the fact that Cheung was the beneficiary of all items charged to the The Optima Platinum Card Account, Cheung would be unjustly enriched to American Express's detriment unless judgment is entered against them for the full balance due and owing on the The Optima Platinum Card Account. 33. As set forth above, Cheung has been unjustly enriched to American Express's detriment. 34. By reason of the foregoing, American Express is entitled to judgment against Cheung for unjust enrichment in an amount to be determined at trial,plus court costs. AS AND FOR A FOURTH CAUSE OF ACTION (Breach of Contract: Cheung's Platinum Card Account) 35. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 34 of this complaint as though fully set forth at length herein. 36. In violation of the Agreement requiring payment of the Minimum Amount Due on the Platinum Card Account, Cheung has failed and refused to make the payments to American Express as set forth in the Platinum Card monthly statements. As a result, American Express suspended Cheung's charge privileges on the Platinum Card Account. 37. Cheung agreed to pay for all items charged to the Platinum Card Account. In addition, Cheung agreed to pay American Express late fees and court costs in the event that American Express referred the Platinum Card Account to itsattorneys for collection. 8 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 38. As set forth above, Cheung is currently indebted to American Express for unpaid charges in the amount of $16,766.97. 39. Despite due demand, Cheung has failed and refused to pay American Express any portion of the amount due and owing. 40. As a result of Cheung's failure to pay the amount that he/she owes, American Express referred itsclaim against Cheung to its attorneys for collection. 41. By reason of the foregoing, American Express is entitled to judgment against Cheung for breach of contract in the sum of $16,766.97, plus court costs. AS AND FOR A FIFTH CAUSE OF ACTION (Account Stated: Cheung's Platinum Card Accoüñt) 42. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 41 of this complaint as though fully set forth at length herein. 43. American Express duly issued and sent to Cheung, the Platinum Card monthly statements which set forth in detail all items charged to the Platinum Card Account and the total amount due and owing by Cheung to American Express on the Platinum Card Account. 44. Cheung received the Platinum Card monthly statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Cheung thereby acknowledged that the debt owed to American Express, as set forth in the Platinum Card monthly statements, is true and correct. 45. By reason of the foregoing, American Express is entitled to judgment against Cheung for an account stated in the amount of $16,766.97 plus court costs. AS AND FOR A SIXTH CAUSE OF ACTION (Unjust Enrichment: Cheung's Platinum Card Account) 46. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 45 of this complaint as though fully set forth at length herein. 47. Cheung benefited from allof the charges made to the Platinum Card Account, has acknowledged receipt of those benefits, and has failed to pay for same. 9 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 48. Given Cheung's failure to make payment for the outstanding balance owed with respect to the Platinum Card Account, and the fact that Cheung was the beneficiary of all items charged to the Platinum Card Account, Cheung would be unjustly enriched to American Express 's detriment unless judgment is entered against them for the fullbalance due and owing on the Platinum Card Account. 49. As set forth above, Cheung has been unjustly enriched to American Express 's detriment. 50. By reason of the foregoing, Americañ Express is entitled to judgment against Cheung for unjust enrichment in an amount to be determined at trial,plus court costs. WHEREFORE, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against defendant, Stephanie Cheung a/k/a Stephanie S Cheung as follows: (i) As for the firstcause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in the sum of $37,186.41 plus court costs; (ii) As for the second cause of action of the complaint, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in an amount of $37,186.41 plus court costs; (iii) As for the third cause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in an amount to be determined at trial,plus court costs; (iv) As for the fourth cause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in the sum of $16,766.97 plus court costs; (v) As for the fifth cause of action of the complaint, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in an amount of $16,766.97 plus court costs; 10 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 (vi) As for the sixth cause of action, plaintiff AMERICAN EXPRESS NATIONAL BANK requests judgment against Stephanie Cheung a/k/a Stephanie S Cheung in an amount to be determined at trial,plus court costs; and (vii) For such other and further relief as this Court deems just and proper. Dated: April 2021 __Anthony J. Migliaccio, Jr., Esq. __Benjamin Marashlian, Esq. LAlexander Fink, Esq. Staff Attorneys for the Plaintiff, AMERICAN EXPRESS NATIONAL BANK Bank1 f/k/a American Express Centurion Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 11 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 Rule 130-1.1a Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of perjury and as an officer of the court that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this document or the contentions therein are not frivolous. __A17thony J. Migliaccio, Jr.,Esq. __Benjamin Marashlian, Esq. LAlexander Fink, Esq. 12 of 13 FILED: ROCKLAND COUNTY CLERK 04/09/2021 07:26 AM INDEX NO. 031850/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND AMERICAN EXPRESS NATIONAL BANK, Index No. Plaintiffs, -against- STEPHANIE CHEUNG a/k/a STEPHANIE S CHEUNG, Defendants. SUMMONS AND COMPLAINT Plaintiff AMERICAN EXPRESS LEGAL __Anthony J. Migliaccio, Jr., Esq. __Benjamin Marashlian, Esq. _XAlexander Fink, Esq. Staff Attorneys for the Plaintiff, American Express National Bank f/k/a American Express Centurion Bank Please send all correspondence to: AMERICAN EXPRESS LEGAL P.O. Box 119 Suffern, NY 10901 (877) 305 -0433 AMERICAN EXPRESS LEGAL American Express Tower World Financial Center 22nd 200 Vesey Street FlOOr New York, NY 10285 877-305-0433 13 of 13