Preview
FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
AMERICAN EXPRESS NATIONAL BANK Index No.:
Plaintiff, SUMMONS
-against- Plaintiff's Address:
115 W. Towne Ridge Parkway
ANTHONY MARENDA Sandy, UT 84070
Defendant(s). The Basis of the venue designated is:
1093 MIRABELLE AVE Residence of Defendant,
WESTBURY NY 11590 Nassau County
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service,
or within thirty days after completion of service where service is made in any other manner than by
personal delivery within the state. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint. The basis of venue is the defendant's
residence.
Dated:
DOY HOEFS, LLC
Amy F. oyle, Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Contact@doylehoefs.com
Attorneys for Plaintiff
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FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
AMERICAN EXPRESS NATIONAL BANK INDEX NO.:
Plaintiff,
-against-
ANTHONY MARENDA
Defendant(s).
COMPLAINT
Plaintiff, American Express National Bank ("Plaintiff") by its attorneys, Doyle & Hoefs, LLC, as
and for its complaint herein against dêfêñdset, Anthony Marêñda ("Defend±ñt"), hereby allege as
follows:
1. At all relevant times, Plaintiff is a ñâticñal bank organized under the laws of the United States,
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070.
2. Plaintiff is the original creditor.
3. Upon iñformation and belief, at all relevant times Defêñdant was and is an individüäi residing in
the County of Nassau in the State of New York.
4. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by
Plaintiff that enabled Def:ndant to charge items to an account number ending in ***********l006 (the
"Account").
5. At all relevant times Defendant was the holder of the Account, and thus is respensible for paying
all amounts charged to the Account
6. By accepting and using the Credit Card Defendant agreed to all of the terms and conditions set
forth in the Cardmember Agreement (the "Agreement").
7. Plaintiff sent and Defeñd:ñt received the Agreement when Defendant received the Credit Card.
8. Defeedsat used the Credit Card to charge various items to the Account for which payment was
not made.
9. Plaintiff sent or otherwise made evåilable monthly statements (the "Statements") to Defendant
for the Account, which showed the amount due on the Account.
10. Defendet failed and refused to make the payments to Plaintiff as set forth in the Stat
ements. As a result, Plaintiff suspªñded the charge privileges on the Account of Defendat.
11. The current balance with respect to the Account owed by Defendant to Plaintiff is $5,318.70.
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FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
AS AND FOR THE FIRST CAUSE OF ACTION
Breach of Contract
12. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 11 of
this complaint as though fully set forth at length herein.
13. In viciaticñ of the Agreement requiring payment in full of the amount due on the Account
Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements As a
result, Plaintiff suspended the charge privileges on the Account of Defeñdant.
14. Dc±:f:n± agreed to pay for all items charged to the Account. In addition Defendant agreed to
pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection.
15. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amoist
of $5,318.70.
16. Despite Due demand Defendant has failed and refused to pay any portion of the amaüñt due and
owing.
17. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of
contract in the sum of $5,318.70, in addition or any court costs.
AS AND FOR A SECOND CAUSE OF ACTION
Account Stated
18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 of
this complaint as though fully set forth at length herein.
19. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set
forth in detail all items charged to the Account and the total amount due and owing by Defeñdâñt to
Plaintiff on the Account.
20. Defendant received the Statements without protest and neither objected to them nor indicated
that they were erroneous in any respect. Defendant thereby ackacwledged that the debt owed to Plaintiff,
as set forth in the Statements, is true and correct.
21. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account
stated in the sum of $5,318.70, in addition to any court costs.
AS_AND FOR A THIRD CAUSE OF ACTION
Uniust Enrichment
22. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 21 of
this complaint as though fully set forth at length herein.
23. Defeñdañt benefitted from all of the charges made to the Account, has ackñowledged receipt of
those benefits, and has failed to pay for same.
24. Given the failure of Defêñdañt to make payment for the outstandiñg balance owed with respect to
the Account, and the fact that Defendant was the beneficiary of all items charged to the Accotmt
Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full
balance due and owing on the Account.
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FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
25. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust
enrichment in an amount to be determined at trial, in addition to any court costs.
WHEREFORE, Plaintiff requests judgment against Defendant as follows:
A. On the first cause of action of the complaint, Plaintiff requests judgment in the sum of
$5,318.70, plus court costs;
B. On the second cause of action of the complaint, Plaintiff requests judgment in the sum of
$5,318.70, plus court costs;
C. On the third cause of action of the complaint, Plaintiff requests judgment in an amount to
be determined at trial plus court costs;
D. For such other and further relief as this Court deems just and proper.
Dated:
DOYLE & HOEFS, LLC
By:
Amy F. yl , Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Attorneys for Plaintiff
This communication is from a debt collector.
Reference No.: 21096106
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FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
AMERICAN EXPRESS NATIONAL BANK
Plaintiff/Petitioner,
-against- Index No.:
ANTHONY MARENDA
Defendant(s).
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
• If_you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
• If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computêr and a scanner
or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• serving and filing your documents electronically
• free access to view and print your e-filed documents
• limiting your number of trips to the courthouse
• paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
• visit: www.nvcourts.gov/efile-unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed. court
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit _www.nvcourthelo.gov
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FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the NYSCEF
website www.nycourts.cov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated: September 21, 2021
/s/ Amy F. Doyle,_Esa.
Name 2043 SPRINGWOOD RD
DOYLE & HOEFS, LLC YORK, PA 17403
Firm Name Address
833-247-6258
Phone
COURTS@DOYLEHOEFS.COM
E-Mail
To: ANTHONYMARENDA
1093 MIRABELLE AVE
WESTBURY NY 11590
Reference No.: 21096106
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Preview
FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU AMERICAN EXPRESS NATIONAL BANK Index No.: Plaintiff, SUMMONS -against- Plaintiff's Address: 115 W. Towne Ridge Parkway ANTHONY MARENDA Sandy, UT 84070 Defendant(s). The Basis of the venue designated is: 1093 MIRABELLE AVE Residence of Defendant, WESTBURY NY 11590 Nassau County TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after completion of service where service is made in any other manner than by personal delivery within the state. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the defendant's residence. Dated: DOY HOEFS, LLC Amy F. oyle, Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Contact@doylehoefs.com Attorneys for Plaintiff EFM-1 1 of 6 FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU AMERICAN EXPRESS NATIONAL BANK INDEX NO.: Plaintiff, -against- ANTHONY MARENDA Defendant(s). COMPLAINT Plaintiff, American Express National Bank ("Plaintiff") by its attorneys, Doyle & Hoefs, LLC, as and for its complaint herein against dêfêñdset, Anthony Marêñda ("Defend±ñt"), hereby allege as follows: 1. At all relevant times, Plaintiff is a ñâticñal bank organized under the laws of the United States, with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070. 2. Plaintiff is the original creditor. 3. Upon iñformation and belief, at all relevant times Defêñdant was and is an individüäi residing in the County of Nassau in the State of New York. 4. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by Plaintiff that enabled Def:ndant to charge items to an account number ending in ***********l006 (the "Account"). 5. At all relevant times Defendant was the holder of the Account, and thus is respensible for paying all amounts charged to the Account 6. By accepting and using the Credit Card Defendant agreed to all of the terms and conditions set forth in the Cardmember Agreement (the "Agreement"). 7. Plaintiff sent and Defeñd:ñt received the Agreement when Defendant received the Credit Card. 8. Defeedsat used the Credit Card to charge various items to the Account for which payment was not made. 9. Plaintiff sent or otherwise made evåilable monthly statements (the "Statements") to Defendant for the Account, which showed the amount due on the Account. 10. Defendet failed and refused to make the payments to Plaintiff as set forth in the Stat ements. As a result, Plaintiff suspªñded the charge privileges on the Account of Defendat. 11. The current balance with respect to the Account owed by Defendant to Plaintiff is $5,318.70. 2 of 6 FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 AS AND FOR THE FIRST CAUSE OF ACTION Breach of Contract 12. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 11 of this complaint as though fully set forth at length herein. 13. In viciaticñ of the Agreement requiring payment in full of the amount due on the Account Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements As a result, Plaintiff suspended the charge privileges on the Account of Defeñdant. 14. Dc±:f:n± agreed to pay for all items charged to the Account. In addition Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 15. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amoist of $5,318.70. 16. Despite Due demand Defendant has failed and refused to pay any portion of the amaüñt due and owing. 17. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of contract in the sum of $5,318.70, in addition or any court costs. AS AND FOR A SECOND CAUSE OF ACTION Account Stated 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 of this complaint as though fully set forth at length herein. 19. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set forth in detail all items charged to the Account and the total amount due and owing by Defeñdâñt to Plaintiff on the Account. 20. Defendant received the Statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Defendant thereby ackacwledged that the debt owed to Plaintiff, as set forth in the Statements, is true and correct. 21. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account stated in the sum of $5,318.70, in addition to any court costs. AS_AND FOR A THIRD CAUSE OF ACTION Uniust Enrichment 22. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 21 of this complaint as though fully set forth at length herein. 23. Defeñdañt benefitted from all of the charges made to the Account, has ackñowledged receipt of those benefits, and has failed to pay for same. 24. Given the failure of Defêñdañt to make payment for the outstandiñg balance owed with respect to the Account, and the fact that Defendant was the beneficiary of all items charged to the Accotmt Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full balance due and owing on the Account. 3 of 6 FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 25. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. WHEREFORE, Plaintiff requests judgment against Defendant as follows: A. On the first cause of action of the complaint, Plaintiff requests judgment in the sum of $5,318.70, plus court costs; B. On the second cause of action of the complaint, Plaintiff requests judgment in the sum of $5,318.70, plus court costs; C. On the third cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; D. For such other and further relief as this Court deems just and proper. Dated: DOYLE & HOEFS, LLC By: Amy F. yl , Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Attorneys for Plaintiff This communication is from a debt collector. Reference No.: 21096106 4 of 6 FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU AMERICAN EXPRESS NATIONAL BANK Plaintiff/Petitioner, -against- Index No.: ANTHONY MARENDA Defendant(s). NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. • If_you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). • If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computêr and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: • serving and filing your documents electronically • free access to view and print your e-filed documents • limiting your number of trips to the courthouse • paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: • visit: www.nvcourts.gov/efile-unrepresented or • contact the Clerk's Office or Help Center at the court where the case was filed. court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit _www.nvcourthelo.gov EFM-1 5 of 6 FILED: NASSAU COUNTY CLERK 09/22/2021 12:17 PM INDEX NO. 612082/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2021 Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF website www.nycourts.cov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: September 21, 2021 /s/ Amy F. Doyle,_Esa. Name 2043 SPRINGWOOD RD DOYLE & HOEFS, LLC YORK, PA 17403 Firm Name Address 833-247-6258 Phone COURTS@DOYLEHOEFS.COM E-Mail To: ANTHONYMARENDA 1093 MIRABELLE AVE WESTBURY NY 11590 Reference No.: 21096106 EFM-1 6 of 6