Preview
FILED: WARREN COUNTY CLERK 08/16/2021 02:59 PM INDEX NO. EF2021-69363
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
Index No.
FIRST NATIONAL BANK OF OMAHA, Plaintiff designates Warren
A SUBSIDIARY OF County as the place of trial.
FIRST NATIONAL OF NEBRASKA, INC.
1620 Dodge Street
Omaha NE 68197
Plaintiff, SUMMONS
vs.
MARK E MCGRATH The basis of the venue is
44 Cloverleaf Dr Defendant's residence in
Warrensburg NY 12885-1904 Warren County.
The transaction took place
in Warren County.
Defendant.
To the Above-Named Defendant:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in thisaction and to serve a
Answer* at the address stated within the
copy of your to the annexed complaint upon Plaintiffs attorney below,
time provided by law as noted on the next page; upon your failure to appear or Answer, Judgment will be taken
against you for the relief demanded in the Complaint, togetl er with the costs of this action.
Dated: _ , 2021
Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailine Address: P.O. Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
710001123
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FILED: WARREN COUNTY CLERK 08/16/2021 02:59 PM INDEX NO. EF2021-69363
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
Note: The law provides that:
(1) ifthis Suirimoris isserved by its delivery to you personally within the County of Warren, you must
answer within twenty (20) days after such service; or
(2) ifthis Summons isserved by delivery to any person other than you personally, or is notpersoñally
delivered to you within the State of New Yorlq you are allowed thirty (30) days after service is complets within
which to Answer.
*
You need not physically go to the Court to serve an Answer.
This communication is from a debt collector. This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
_____
FIRST NATIONAL BANK OF OMAHA, A SUBSIDIARY OF
FIRST NATIONAL OF NEBRASKA, INC.
Plaintiff,
VERIFIED
-vs- COMPLAINT
MARK E MCGRATH
Defendant.
Plaintiff, by itsattorney, complaining of the Defendant, alleges:
1. Plaintiff is a privately owned banking company and is a subsidiary of First National
of Nebraska, Inc., having an office at 1620 Dodge Street, Omaha, Nebraska.
2. Upon information and belief, Defendant is a resident of Warrensburg, Warren
County, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES:
"1"
3. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs
"2"
and of this complaint as if fully set forth herein.
4. Defendant made application for a VISA Credit Card.
5. Pursuant to said application, Plaintiff issued a VISA Credit Card to Defendant along
with a Credit Agreement.
6. That pursuant to said agreement the firstuse of the card meant that Defendant
accepted the terms of the agreement.
7. Defendant charged goods and services on said account, made payments on said
account, and eventually defaulted by failing to make payments as agreed. As of May 28, 2021,
Defendant owed Plaintiff the sum of $13631.80.
AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES:
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"1"
8. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs
"7"
through of this complaint as if fullyset forth herein.
9. Plaintiff readered statements of this account on a periodic basis which Defendant
retained without objection thereby creating an account stated by and between the parties.
10. After giving credit to Defendant for allpayments made and credits received there is
now due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $13631.80.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $13631.80,
plus the costs and disbursements of this action.
Dated: , 2021
Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailing Address: P.O. Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
VERIFICATION
Mark H. Stein, Esq., an attorney duly admitted to practice before the Courts of the State
of New York, affirms as follows, under penalty of perjury:
I am a member of the law firm of Lacy Katzen LLP, attorneys for First National Bank Of
Omaha, a subsidiary of First National of Nebraska, Inc. I am fully familiar with the facts and
circumstances of this matter from my review of the file and other work herein to date. I have
read the foregoing Complaint and know the contents thereof. The same is true to the best of my
knowledge, except as to matters therein stated to be alleged upon information and belief and as
to those matters I believe itto be true. The pleading's material allegations are within my
knowledge based upon information contained in my file and the attached Affidavit of Facts
executed by an employee of First National Bank Of Omaha, a subsidiary of First National of
Nebraska, Inc. Further, First National Bank Of Omaha, a subsidiary of First National of
Nebraska, Inc. is not in Monroe County, New York where my office is located.
Dated: , 2021
Mark . Stein, Esq.
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